89,333 Annex 96-05 Kang/Wang 89,333 ANNEXATION 96-05
Kang/Wang
Greenleaf Dr,
CITY OF CUPERTINO
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
CITY OF Telephone: (408)777-3354
C PE1VT\1 I, O FAX: (408)777-3333
U I PUBLIC WORKS DEPARTMENT
February 26,2002
Optimum Investments,LLC
1060 West Hill Court
Cupertino,CA 95014
Dear Martha:
As you may recall,the City required that you make a commitment to annexation, even though
you were allowed to build your homes(located 21031 Hazelbrook Drive and 20861 Greenleaf
Drive) in the County. Therefore,the annexation process remained in a pending status until pre-
zoning of the Garden Gate area was finalized.
In December 2001,the entire Garden Gate area was annexed to the City.
Enclosed please find your voided check numbers 0136, 1004, 0135 and 1006 payable to the
County of Santa Clara and the Santa Clara County Local Agency Formation Commission. A
check request has been forwarded to our Finance Department to refund the annexation fees and
map deposit in the amount of $1,269.00 that you paid to the City.
If you have any questions, please feel free to phone me at(408) 777-3249. Thank you.
Sincerely,
City of Cupertino
Nancy Lee
Engineering Technician
Enclosures
Printed on Recycled Paper
LISA LEI WANG 197
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City of Cupertino (408) 777-3249
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the City Council of the City of Cupertino for approval of a
proposed change of organization or reorganizations, and stipulate(s) as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California
Government Code (commencing with Section 56000, Cortese-Knox Local Government
Reorganization Act of 1985).
2. The proposed change of organization is designated as:
Greer leas' Dr. 9'-05
SitusAddress: ,:WeSo d2e-
and consists of: Pr
K annexation to /, O7or CU el-17 j- 6
detachment from (name City/District)
of (number of) acres on the (n/s/e/w)
side of tree -71Eat',414P (Street/Avenue)
between //i%? 0 cKY (Street/Avenue)
and P/,/ ✓C (Street/Avenue)
and(if applicable) _annexation
_detachment
of the same to/from
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the territory(ies) included
in the proposal, marked Exhibit A, and a map of the said territory(ies), marked Exhibit B,
are attached to this petition and by this reference incorporated herein.
4. Territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) —x,-unihabited.
5. This proposal_ C�is consistent with the Sphere of Influence
is not of the affected city and district(s).
6. The reason(s) for the proposed A r ojo-x &1,60 (annexation, detachment,
reorganization, etc.) is/are:
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions:
N/A
8. The person(s) signing this petition has/have signed as (check one):
( owner(s) of land within the affected territory.
registered voter(s)within the affected territory.
9. The undersigned proponent(s) < do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of
Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please pbnl Street Address Assessor's Election
name belowl City/State/Zip Parcel No.* or Precinct No.**
Date: 6 -1- 16 Phone: ( )_-
376-a 9-oU
Ri
Date: 6 -9- 9 Phone: ( )
VA/ 4wat
Date: - Phone: ( )_-
*- For proposals involving uninhabited territory or for landowner-initiated proposals.
**- For proposals involving inhabited territory or for resident-voter initiated proposals
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one):
owner(s) of land within the affected territory.
registered voter(s)within the affected territory.
9. The undersigned proponent(s) do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of
Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Street Address Assessor's Election
name below) City/State/Zip Parcel No.* or Precinct No.**
3< -C 9-CO
07 sy- it G
Date: 1
19,6 Phone: ( )_-
Date: Phone:
Date: Phone: ( )
*- For proposals involving uninhabited territory or for landowner-initiated proposals.
**- For proposals involving inhabited territory or for resident-voter initiated proposals
.Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one):
owner(s) of land within the affected territory.
registered voter(s)within the affected territory.
9. The undersigned proponent(s) do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of
Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows:
CHMF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Street Address Assessor's Election
name below) City/State/Zip Parcel No.* or Precinct No.**
Usa L uwt W4N/ latg3 pmttovso tor. #ls
1���G° CA .Mok.7t�0
I`la�ia /Jam �^ 1✓i.�
Date: Phone: (.foffi 479- 013
Date: Phone: ( ) _-
Date: Phone: ( )_-
*- For proposals involving uninhabited territory or for landowner-initiated proposals.
**- For proposals involving inhabited territory or for resident-voter initiated proposals
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted with any petition to the
City for a change of organization(annexation or detachment) or reorganization(multiple
annexations and/or detachments)made pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION:
Annexation )
Detachment ) to from
Reorganization) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
as Lead Agency for environmental review of the project,
(Name of City/District)
has already the territory on
(prezoned? other approval action?) (date)
and in compliance with CEQA, has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec. (cite class exemption section.)
completed an Initial Study and Negative Declaration for the annexation, a copy of which
is attached to this application.
completed a Final EIR for the annexation, a copy of which is attached to this application.
City of Cupertino City Council is to be Lead Agency for the environmental review of the
project and the completed Environmental Information Form required by Planning staff is
attached to this application. (Planning staff phone: (408) 777-3308).
Proposal is categorically exempt form provisions of CEQA pursuant to Cal. Aden Code
Sec. because
Suppl. Appl. -1-
CHARACTERISTICS OF T14F AREA V V-
31 -09-D7,
1. Number of acres
2. Number of inhabitants
2
3. Number of registered voters �! 2
4. Number of dwelling units >
5. a. What is the present use of the area(be brief, but specific):
b. Indicate the parcel numbers of those parcels, if any, which are under contract under
provisions of the Williamson Act:
c. What steps, if any, have been taken or are proposed to be taken to release the above
parcel(s) from the contract?
6. a. For city annexations what is the prezoning that has been applied by the city to the
affected area(Note: Prezoning is a filing requirement for city annexations):
b. Does the applicant intend to propose a change in this zoning if and when the territory is
annexed to the City? YES NO
If yes, indicate the new zoning which will be sought?
7. For City or district annexations, describe the development being proposed for the territory, if
any , and when this development is expected to begin.
8. Do the boundaries of the subject territory conform to lines of assessment and ownership?
YES NO
If NO, please explain the reason for non-conformity and provide justification for approving
the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island, corridor or strip of
unincorporated territory? YES NO_
If YES, answer the following questions:
a. Number of acres in the island, corridor or strip? (If more than one island
is being created, indicate the acreage of each island.)
b. Number of inhabitants?
c. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation of an island?
YES NO_
If YES, explain why creation of an island is justified?
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in the City or District's -
urban service area: YES NO
11. If new development is proposed on the site, will this new development be permitted without
community sewage discharging into an existing sanitary sewer system and disposal plant?
YES _NO _
If YES, what arrangements will be made to provide sewage disposal?
Suppl. Appl. -3-
12. Will the extension of sewerage and/or water services or the construction of any public
improvements to the affected territory be financed by the formation of a special assessment
district? YES—NO—
If YES, describe service (s) or improvement(s) and the average cost per resident/landowner
of the district.
Service/improvement:
Cost: $ /yr. for_ors. $ /yr. for ors.
13. List all cities, special districts, (including school districts) and County Service Areas located
within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco
Bay Area Air Pollution Control District, County Library Zone, and Water Importation.)
(Refer to County Tax Rate Code Book for this information):
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexation/detachment/reorganization who consent
to this proposal should show their consent by signing and printing or typing their names
and addresses, with date, below. (Signatures not required if proposal is initiated by
property-owner petition: put"see petition" below and type or print names, addresses,
etc.) Assessor's parcel number, assessed land (not improvements)valuation, and if 100%
property-owner consent has been obtained, certification by City Clerk must be added
prior to consideration. Hearing not required if 100%property owner consent is obtained.
Date (Print name below) City/State/Zip Tel. No. Parcel No. Value of Land
*See next page
Suppl. Appl. 4-
* "Owner of land means any person shown as the owner of land on the last Equalized
Assessment Roll;where such person is no longer the owner, then any person entitled to
be shown as owner of land on the next Assessment Roll; where land is subject to a
recorded written agreement of sale, any person shown therein as purchaser, and any
public agency owning land." Government Code Section 56048.
15. Print or type the name and address of officers or persons, not to exceed three in number,
who are to receive copies of the Director of Community Development's Report and
mailed Notice of Hearing(in addition to the Clerk/Administrator of each affected city
or district):
Street Address
Name City/State/Zip
(1)
(2)
(3)
16. I hereby certify that all LAFCO filing requirements will be met and that the statements made
in this application are to the best of my knowledge accurate.
(Print name of person completing this
application)
(Signature) (Date)
NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with each
school district shown on question#13 of this document if the proposal involves ultimate new
residential development of five acres or more. It is the City's responsibility to submit this
information to the appropriate school district(s) and the signature above is considered his
that this filing requirement has been met.
Suppl. Appl. -5-
CERTIFICATE OF CITY CLERK(Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located within the
annexation/detachment/reorganization proposed by this application and that the _(number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
CERTIFY that, pursuant to Government Code Section 56839, the City will make determinations
on this proposal without notice or hearing.
Date:
City Clerk
(Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detachment/reorganization who do not
consent to this proposal should be listed by name, address, parcel number and assessed
land valuation below. Signatures and dates are not required. Hearing will be held for less
than 100% consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet and attach.)
b. FOR NOT-100% CONSENT PROPOSALS, list all registered voters residing in the
territory proposed for annexation/detachment/reorganization if different from the
landowners shown in 14a. and 14b. above.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet and attach.)
Suppl. Appl. -6
"EXMBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
GREENLEAF DRIVE 96-05
JUNE 1996
All that certain real properties situate in the County of Santa Clara, State of California, more
particularly described as follows:
APN : 326-09-06
Beginning at the southeast corner of Lot 12, as shown upon that certain Map entitled, " Tract No. 783
Garden Gate Village Addition ". which Map was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31,
32 and 33;
Thence form said Point of Beginning running along the northerly line of Greenleaf Drive WEST 74.50
feet to the southwest corner of said Lot 12;
Thence NORTH 137.07 feet to the northwest corner of said Lot 12,
Thence N 89"51' 20" E 74.50 feet to the northeast corner of said Lot 12;
Thence SOUTH 137.26 feet to the Point of Begineer.
Containing: 10,219 square feet, more or less.
0.235 acres, more or less.
APN : 326-09-08
Beginning at the southeast corner of Lot 10, as shown upon that certain Map entitled, "Tract No. 783
Garden Gate Village Addition ", which Map was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31,
32 and 33;
Thence form said Point of Beginning running along the northerly line of Greenleaf Drive WEST 74.50
feet to the southwest corner of said Lot 10;
Thence NORTH 136.69 feet to the northwest corner of said Lot 10:
Thence N 89051' 20" E 74.50 feet to the northeast corner of said Lot 10;
Thence SOUTH 136.88 feet to the Point of Begineer.
Containing: 10,190 square feet, more or less.
0.234 acres, more or less.
APN 326-09-08 APN 326-09-0
N LOT 10 LOT 12 1V
10,190 SQ. FT. 10,219 SQ. FT. VALLEY
0.234 ACRES 0.235 ACRES
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LEGEND
EXHIBIT B
BOUNDARY LINE OF PROPOSED ANNEXATION
PROPOSED ANNEXATION TO THE CITY OF CUPERTINO
---------- BOUNDARY LINE OF ENTITLED GREENLEAF DR. 96-05
EXISTING ANNEXATION
EXISTING CITY LIMITS DATE: JUNE 1996 SCALE: 1"=100'
BY: J.C. REVISED:
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302 SAN JOSE CA 95160
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
GREENLEAF DRIVE 96-05
JUNE 1996
All that certain real properties situate in the County of Santa Clara, State of California, more
particularly described as follows:
APN : 326-09-06
Beginning at the southeast corner of Lot 12, as shown upon that certain Map entitled, "Tract No. 783
Garden Gate Village Addition ", which Map was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31,
32 and 33;
Thence form said Point of Beginning running along the northerly line of Greenleaf Drive WEST 74.50
feet to the southwest corner of said Lot 12;
Thence NORTH 137.07 feet to the northwest corner of said Lot 12:
Thence N 89051' 20" E 74.50 feet to the northeast corner of said Lot 12:
Thence SOUTH 137.26 feet to the Point of Begineer.
Containing: 10,219 square feet, more or less.
0.235 acres, more or less.
APN : 326-09-08
Beginning at the southeast corner of Lot 10, as shown upon that certain Map entitled, "Tract No. 783
Garden Gate Village Addition ", which Map was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at page 30, 31,
32 and 33;
Thence form said Point of Beginning running along the northerly line of Greenleaf Drive WEST 74.50
feet to the southwest corner of said Lot 10;
Thence NORTH 136.69 feet to the northwest corner of said Lot 10;
Thence N 89051' 20" E 74.50 feet to the northeast corner of said Lot 10;
Thence SOUTH 136.88 feet to the Point of Begineer.
Containing: 10,190 square feet, more or less.
0.234 acres, more or less.
APN 326-09-08 APN 326-09-0
N LOT 10 LOT 12 lV
10,190 SQ. FT. 10,219 SQ. FT. VALLEY
0.234 ACRES 0.235 ACRES Vk
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LEGEND EXHIBIT B
BOUNDARY LINE OF PROPOSED ANNEXATION
— TO THE CITY OF R
PROPOSED ANNEXATION ENTITLED GREENENLEAF EAF DR.. 96-05
BOUNDARY LINE OF
EXISTING ANNEXATION
—__--____
EXISTING CITY LIMITS DATE: JUNE 1996 SCALE: 1"=100'
3 BY: J.C. REVISED:
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302 N JOSE, CA 95160
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North American Title Company
1096 BLOSSOM HILL ROAD, SUITE 101
SAN JOSE, CALIFORNIA 95123
(408) 448-9300
DATE JUNE 11, 1996 ORDER NO. 1305037
ACEL REAL ESTATE
15413 ROBIN ANN LANE
LOS GATOS, CA 95030 PROPERTY ADDRESS:
ATTN: SAMUEL TONG 20833 GREENLEAF DRIVE
UNINCORPORATED (CUPERTINO, CA)
-------- - - -PRELIMINARY REPORT- -----------
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE COMPANY, INC.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE FROM COMMONWEALTH LAND TITLE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, DESCRIBING THE LAND AND THE ESTATE
OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT "A" ATTACHED.
COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF
A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE
ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS
REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED
UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY
NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
EFFECTIVE MAY 29, 1996 AS OF 7 :30 A.M.
FAWN VINH
(ESCROW OFFICER)
North American Title Company
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS
REPORT IS:
California Land Title Association Standard Coverage Policy - 1990
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS :
FEE SIMPLE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
LISA LAI WANG, AN UNMARRIED WOMAN
Page 2 of 7 1305037
North American Title Company
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, UNINCORPORATED AREA (CUPERTINO, CA) , AND IS
DESCRIBED AS FOLLOWS :
LOT 12, AS SHOWN ON THE MAP ENTITLED, "TRACT NO. 783 GARDEN GATE
VILLAGE ADDITION" , WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON
SEPTEMBER 6, 1950 IN BOOK 30 OF MAPS, PAGES 30, 31, 32 AND 33 .
EXCEPTING THEREFROM ALL WATER, WATER RIGHTS, INTEREST OR CLAIMS
WHETHER RIPARIAN, APPROPRIATED, PRESCRIPTIVE OR OTHERWISE APPURTENANT
TO SAID LANDS OR OTHERWISE, AS RESERVED IN THE DEED FROM JOHN F.
ALVES, ET UX, TO CALOR CONSTRUCTION CO. , DATED AUGUST 10, 1950 AND
RECORDED AUGUST 11, 1950 IN BOOK 2033 OF OFFICIAL RECORDS, PAGE 130,
AND WHICH WATER, WATER RIGHTS, ETC. , WERE CONVEYED BY JOHN F. ALVES,
ET UX, TO CITY OF CUPERTINO, BY DEED DATED FEBRUARY 27, 1960 AND
RECORDED MARCH 1, 1960 IN BOOK 4713 OF OFFICIAL RECORDS, PAGE 493 .
ASSESSOR' S PARCEL NUMBER: 326-09-006
Page 3 of 7 1305037
North American Title Company
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS
FOLLOWS :
1 . Property taxes, including any assessments collected with taxes,
to be levied for the fiscal year 1996-1997 which are a lien not
yet payable .
2 . The lien of supplemental taxes, if any, assessed pursuant to
the provisions of Chapter 3 . 5 (commencing with Section 75) of
the Revenue and Taxation Code of the State of California.
3 . Covenants, conditions and restrictions (deleting therefrom any
restrictions based on race, color or creed) as set forth in the
document :
Executed by CALOR CONSTRUCTION COMPANY, A CALIFORNIA
CORPORATION
Recorded, Official Records SEPTEMBER 8 , 1950
Book 2049
Page 637
Said covenants, conditions and restrictions provide that a
violation thereof shall not defeat the lien of any mortgage or
deed of trust made in good faith and for value .
Modification (s) of said covenants, conditions and restrictions
Recorded, Official Records NOVEMBER 22 , 1950
Book 2101
Page 146
4 . Deed of Trust for the original amount shown below, and any other
amounts payable under the terms thereof .
Original Amount $227, 500 . 00
Dated APRIL 16, 1996
Recorded, Official Records APRIL 26, 1996
Book P304
Page 1795
Instrument No. 13275071
Trustor LISA LEI WANG, AN UNMARRIED WOMAN
Trustee CITIBANK SERVICE CORPORATION, A CALIFORNIA
CORPORATION
Beneficiary CITIBANK, F.S.B.
5 . WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED
BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF
DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH
DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO
EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES
THEREON. TITLE WILL BE UNABLE TO RECORD WITHOUT THIS STATEMENT.
PARTIES VESTEE
Page 4 of 7 1305037
North American Title Company
The only conveyances affecting said land, which recorded within six
months of the date of this report . of the date of this report, are
as follows:
Document GRANT DEED
Grantor BARBARA J. SMITH, AS HER SOLE AND SEPARATE PROPERTY
Grantee LISA LEI WANG, AN UNMARRIED WOMAN
Recorded, Official Records APRIL 26, 1996
Book P304
Page 1793
Instrument No. 13275070
The charge for policy of title insurance, when issued through this
title order, may be based on the short term rate .
Property taxes for the fiscal year shown below are paid. For proration
purposes the amounts are:
Fiscal year 1995-1996
1st Installment : $222 . 03
2nd Installment : $222 . 03
Land $15, 257 . 00
Improvements $24, 751 . 00
Exemption $7, 000 . 00
Assessment No. 326-09-006
Code Area 63-052
An additional tax bill to the above property taxes
1st Installment : $108 . 00 PAID
2nd Installment : $108 . 00 PAID
Assessment No. 326-09-006-99
Page 5 of 7 1305037
North American Title Company
LENDERS SUPPLEMENTAL REPORT
THE A.L.T.A. POLICY, WHEN ISSUED, WILL INCLUDE C.L.T.A. ENDORSEMENT
NUMBER 100 AND ENDORSEMENT 116 OR 116 . 2 .
SAID LAND IS KNOWN AS 20833 GREENLEAF DRIVE, UNINCORPORATED
(CUPERTINO, CA) , COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
Page 6 of 7 1305037
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THE INFORMATION ON THIS PLAT 1,
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OVIDED FOR YOUR CONViNIE%rE
GUIDE TO THE GENERAL LOCATP'N OF THE SUBJECT PROPERTY.THE ACCURACY TRACT N _� 783
IS THIS IT A PART OF ANY POLICY.GUARANTEED NO;
c' GARDEN GATE VILLAGE
ATTACHED EE T° '�" " °'"" V. ADDITION
BEING A PORTION OF THE SW 1/4 OF SECTION 12 AND
A PORTION OF THE NW 1/4 OF SECTION 13, T-7-S, R'1-W,
MD-B & M
MARK THOMAS & CO CIVIL ENGINEERS & SURVEYORS
SAN JOSE CALIF.
GOOD FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 ("AB512") is effective on January 1, 1990. Under AB512, North American Title Company, Inc.
("NATC")may only make funds available for monetary dispersal in accordance with the following rules:
• SAME DAY AVAILABILITY - Disbursement on the date of deposit is allowed only when funds are deposited to North American
Title Company ("NATC") in CASH or by electronic transfer(WIRE). Bear in mind that cash will be accepted from customers only
under special circumstances as individually approved by management.
• NEXT DAY AVAILABILITY-If funds are deposited to NATC by cashier's checks,certified checks,or teller's checks,disbursement
may be on the next business day following deposit.A"teller's check"is one drawn by an insured financial institution against another
insured financial institution(e.g.,a Savings and Loan funding with a check against a FDIC Insured Bank).
• 2-5 DAY AVAILABILITY(REGULATION CC).If the deposit is made by checks other than those described in paragraphs 1 and 2
above,disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC.This
requires a"HOLD"on some checks of 2-5 days or longer in some instances.Personal checks,drafts,private corporation and company
checks, and funding checks from mortgage companies that are not teller's checks are among those checks subject to such holds. (For
further details,consult CHAPTER 598,STATUTES OF 1989.)
NOTE: The above guidelines are in conformity with those issued by The Department of Insurance for all California Title Insurance and
California Title Companies.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: On or after July 1, 1985, the County Recorder's office will charge,in addition to the regular charges, an extra$20.00 recording fee,
unless a document evidencing a change of ownership is accompanied by a preliminary change of ownership report. In lieu of said report,
signed by the transferee,the recorder will accept an affidavit that the transferee is not a resident of California.Title billings will be adjusted
to reflect such additional fees when applicable.
IRS FORM 1099
Before the transaction contemplated by this report can be closed,the seller/borrower must furnish a taxpayer identification number to us so
that we can file and IRS FORM 1099,or its equivalent,with the Internal Revenue Service.This procedure is required by SECTION 6045 of
the Internal Revenue Service.
NOTICE OF A WITHHOLDING REQUIREMENT
This is a notice of a withholding requirement(California Revenue and Taxation Code Sections 18862)on sales of real property.
In accordance with section 18662 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to 3 1/3 percent
of the sales price,in the case of a disposition of California real property interest by either:
• A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the
proceeds be sent to a financial intermediary of the seller,or
• A corporate seller which has no permanent place of business in California,or
For failure to withhold,the buyer may become subject to a penalty in an amount equal to the greater of 10 percent of the amount required to
be withheld or five hundred dollars($500).
HOWEVER,notwithstanding any other provision included in the California Statutes referenced above,no buyer will be required to withhold
any amount or be subject to penalty for failure to withhold if:
• The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000),or
• The seller executes a written certificate,under penalty of perjury,certifying that the seller is a resident of Califomia,or if a corporation,
has a permanent place of business in California or
• The seller,who is an individual,executes a written certificate,under penalty of perjury,that the California real property being conveyed
is the seller's principal residence(as defined in Section 1034 of the Internal Revenue Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and
waivers from withholding on a case-by-case basis. In the event the buyer requires withholding of the 3 1/3 percent of sales price from the
sellers proceeds,the buyer is required to file a copy of Form FTB597 with the Franchise Tax Board along with the withholding amount due
no later than the 20th day of the month following the month in which the withholding occurred, unless the seller has requested a waiver. If
the seller has requested a waiver,the Franchise Tax Board,within 45 days,will either authorize a reduced amount,or no amount,or deny the
request,at which time the amount withheld along with copy A of Form FTB 597 must be sent to the Franchise Tax Board,at the following
address:FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O.BOX 651,Sacramento,California 95812-0651 —
(916)845-4900.
Informational Note:
Problem Areas for Title Companies
1. Ongoing Construction
The title company will require, as a minimum, the following prior to insuring:
A. Valid Notice of Completion verified by inspection and expiration of 60 days from
recordation of said notice or;
B. Approved indemnities from Borrower/Seller, approved financial statement not over one
year old and a waiver of lien rights from general contractor.
• The title company may also require proof of payment of subcontractors, indemnity
and financial statement from the general contractor, a copy of the contract and the
with-holding of a sum of money,to cover the contract until the mechanics lien
period has expired, with which to pay filed mechanics liens, or other assurances to
be determined on a case by case basis.
2. Bankruptcy
The title company will require, as a minimum, the following prior to insuring:
A. The bankruptcy case be closed or;
B. An order from the bankruptcy court verifying the transaction, with a demand placed
into escrow by the trustee.
• Escrow may not close until 15 days have elapsed from the order and the file has
been checked to verify that there are no objections to said order.
3. Abstracts of Judgment,Liens,Tax Liens
The title company will require, as a minimum,prior to insuring:
A. Proof that the buyer/seller is not the same parry as on the recorded liens.
• This is accomplished by the buyer/seller/borrower completely filling out and
signing a statement of information.
B. The items are to be paid off in escrow.
C. The items are to be subordinated to the new transaction.
4. Community Property
California is a community property state.
A. A quitclaim from one spouse to another must specifically quitclaim any community
property interest.
B. An interlocutory decree of divorce specifically granting the property to one spouse is
sufficient if a final decree is issued and recorded in the county.
EXHIBIT W
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attomcys fees or expenses which arise
by season or:
1. (a)Any law,ordinance or governmental regulation Cincluding but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting
or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(v)environmental protection,or the cffmt
of any violation or these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice or the exercise thereof or a notice of a defect.lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy,but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a)whether or not recorded in the public records at Dale of Policy,but created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Dale of Policy or,
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage of for the estate or interest insured
by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent
owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability or the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender,by reason of the operation of federal bankruptcy,stale insolvency or similar ercdilore rights laws.
EXCEPTIONS FROM COVERAGE(SCHEDULE B-PART 1)
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys fees or expenses)which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the
public records.
2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by
persons in possession thereof.
3. Easements,liens or encumbrances,or claims thereon,which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the
public records.
5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or
not the matters excepted under(a),(b)or(c)are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys fees or expenses which arise
by reason of:
I. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting
or relating to(I)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect
of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or
encumbrance resulting from a violation or allegdd violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation arrecting the land has been recorded in the public records at Date or Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy,but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a)created,suffered,assumed or agreed to by the insured claimant:
(b) not known to the Company,not recorded in the public records at Dale of Policy,but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy.
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy;or
(c)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,slate
insolvency,or similar creditors rights laws,that is based on: -
(a)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or rmudulenl transfer,or
(b)the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure:
O to timely record the instrument of transfer,or
(N)of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor.
Form 2210-6(9.94) (Continued on back)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE (10-17-92)
AND A.L.T.A.LEASEHOLD LOAN POLICY(10-17-92)
EXCLUSIONS FROM COVERAGE
-be following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise
,y reason of:
I. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting
or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hemaller erected on the land;(iii)a
separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect
of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy,but not excluding from coverage any taking
which has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) seated,sufremd,assumed of agreed to by the insured claimant; .
(b) not known to the Company,not recorded in the public records at Dale of Policy,but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or seated subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien
for services,labor or material*for to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of
Policy]);or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenfomeabilily of the lien of the insured mortgage because of the inability or failure of the insured at Dale of Policy,or the inability or failure of any subsequent
owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services.labor or materials(6�the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage which at Dave of Policy the insured has advanced or is obligated to advance.
7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state
insolvency,or similar creditors'rights laws,that is based on:
(a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or
(b)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(c)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i)to timely record the Instrument of transfer,or
(i in of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor.
• Inner Brackets denote coverage not contained in Leasehold Loan Policy.
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
PRINTED POLICY EXCEPTIONS AND EXCLUSIONS
The Exclusions and the Exceptions of the ALTA Residential Policy Form recite that you are not insured against loss or damage,costs,attorneys fees and expenses
resulting from:
Exclusions
1. Governmental police power,and the existance or violation of any law or 3. Title Risks:
government regulation. This includes building and zoning ordinances •that are created,allowed,or agreed to by you
and also laws and regulations concerning: •that are known to you,but not to us.on the Policy Date—unless they
•land use appeared in the public records
•improvements on the land •that result in no loss to you
•land division •that first affect your title after the Policy Date—this does not limit the
•environmental protection labor and material lien coverage in Item 8 of Covered Tide Risks
This exclusion does not apply to violations of the enforcement of these
matters which appear in the public records at Policy Date. <. Failure to pay value for your Lille.
This exclusion does not limit the zoning coverage described in Items 12 5. Lack of a right:
and 13 of Covered Title Risks. • to any land outside the area specifically dumbed and referred to in
2. The right to take the land by condemning it,unless: Item 3 of Schedule A
• a notice of exercising the right appears in the public records on the or
Policy Date. •in streets,alleys,or waterways that touch your land
•the taking happened prior to the Policy Date and is binding on you if This exclusion does not limit the access coverage in Item 5 of Covered
you bought the land without knowing of the taking. Title Risks.
Standard Exceptions
(a) Any rights,interests or claims of parties in possession of the land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This does not limit the lien wvemgc in Item 8 of the Covered Title Risks.
(c) Any facts about the land which a correct survey would disclose and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(d) Any water rights,claims or title to water on or under the land.
B2210-6
4
l \
Special Power of Attorney
To Whom it May Concern:
I, Lisa Lei Wang, (the principal) the undersigned hereby make, constitute, and appoint Maria.Nan
Yin Ku.(the agent) my true and lawful attorney in fact for me and in my name, place and stead.
1. To manage, control, lease, sublease, and otherwise act concerning the principal's interest in the
real property described in this instrument; to collect and receive rents or income therefrom; pay
taxes; charges, and assessments on the same repairs, maintain, protect, preserve, alter, and
improve the same; commit the principal's resources and contract on the principal's behalf
regarding the same; and do all things necessary or expedient to be done in the agent's judgment
in connection with the property.
2. To grant, exchange, convey, sell, transfer, mortgage, deed of trust, borrower encumber,
hypothecate, pledge, and otherwise deal in the real property described in this instrument and to
execute such instruments as the agent considers proper, specific including but not limited to the
power to;
(a) Represent the principal in negotiations for the sale of the real property described in this
instrument, including but not limited to entering into listing agreements with brokers or other
agents regarding such sale.
(b) Execute, acknowledge and deliver contract of sale, escrow instructions,deeds,convenants,
agreements, assignmentsm or agreements, and all other documents needed with respect to the sale
of the real property described in this instrument.
3. Without limiting the generality of the foregoing, generally to do, execute, and perform any
other act, deed, matter, or thing that in the agent's opinion ought to be done, executed, or
performed in conjunction with this power of attorney, of every kind and nature, as fully and
effectively as the principal could if personally present.
This power of attorney shall not be affected by the principal's subsequent incapacity.
This power of attorney is granted for a limited period of time. becoming effective on April 16,
1996 and terminating on April 15, 1997.
The principal does hereby retify and confirm all the agent shall do , or cause to be done by virtue
of this power of attorney.
The property affected by this limited power of attorney is the real property in the City of
Cupertino, County of Santa Clara, State of California, commonly known as 20833 Greenleaf
Drive, Cupertino, California more particularly described on Exhibit A attached hereto and
incorporated by reference in this instrument.
\`
IN WITNESS WHEREOF, the principal has signed this special power of attorney on \
Lisa Lei Wang
State of California
County of Santa Clara
On April 16, 1996, before me, Samuel K. Tone personally appeared Lisa Lei Wang personally
known to me or proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed- to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
SAh1Ucl K. T 85 ONG
OUNVOCTAORaY
Cmml0492
PUBLIC-CAIiFOBV1BnteClaraC ..ry -
omm. Espires Feb.4,2000
Signature of otary
DESCRIPTION OF ATTACHED DUCUMENT: Power of Attorney
ESCROW NO.Santa Clara Land Title # 119049
t
ESCROW INSTRUCTIONS
To: Santa Clara Land Title Company
RE:,ESCROW NO.118049 '
You_ as Escrow Holder are handed herewith a Power of Attorney executed by Lisa Lei Wang,
granting power to Maria Nan Yin Ku which you are authorized and instructed to record
concurrently with documents in the above referenced escrow. Execution of said power of attorney
will evidence our approval of the terms and conditions contained therein. You, as Escrow Holder,
have not advised us as to the legal consequences of this document. We acknowledge that we have
had sufficient time to seek legal counsel. It is further expressly understood and agreed by all
parties hereto that Santa Clara Land Title Comopany ,, is to be held harmless and relieved of any
and all liability regarding said power of attorney.
In the event a new loan is involved in this transaction, the lender may require that this Power of
Attorney be made specific to this transaction only. In addition, it might need the approval of the
lender to use a Power of Attorney for signing loan document.
Lisa Lei Wang
Signature
1/ Maira Nan Yin Ku
Signature
11;_ American Title Insurance Company
A Stock Company
19200 Stevens Creek Boulevard #230 • Cupertino, CA 95014
(408) 253-6990 0 FAX (408) 253-3780
November 20, 1996
City of Cupertino
Attn: Karman Order No.: 310442
10300 Torre Avenue
Cupertino, CA 95014
We have enclosed 3 copies of the Preliminary Report for our Order Number 310442. Please
call us immediately if you have any questions or concerns.
Sincerely,
untersigned
American Title Company
f
��_ American Title Insurance Company
_ A Stock Company
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, FIDELITY
NATIONAL TITLE INSURANCE COMPANYhereby reports that it is prepared to issue,
or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing
the land and the estate or interest therein hereinafter set forth, insuring against loss which
may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception herein or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed
hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide
you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the
land.
ISSUED THROUGH Fidelity Natlonal Title Company
AMERICAN TITLE BY
.,.,
INSURANCE COMPANY ¢,UOPPOq�'�'•
A FInFLITY NATIONAL TITLE AFFILIATE SEAL Fnpaum
ATTEST
Secrgry
Countersigned
\�_ American Title Insurance Company
A Stock Company
19200 Stevens Creek Boulevard #230 • Cupertino, CA 95014
(408) 253-6990 0 FAX (408) 253-3780
PRELIMINARY REPORT
ESCROW OFFICER: Wai Ling Chu ORDER NO.: 310442- A
Amendment
TO: Marta Kang
1060 W. Hill Court
Cupertino, CA 95014
SHORT TERM RATE: Yes
PROPERTY ADDRESS: 20861 Greenleaf Drive, Cupertino, California
EFFECTIVE DATE: November 8, 1996, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy - 1990
American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form 1 Coverage
1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Optimum Investments, LLC, a California Limited Liability Company
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN AN UNINCORPORATED
AREA, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
MB1jjm 1 1/20/96
1
Order No. 310442
EXHIBIT "ONE"
All of Lot 10, as shown upon that certain Map entitled "Tract No. 783 Garden Gate Village
Addition", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on September 6, 1 950 in Book 30 of Maps, at pages 30, 31, 32 and
33.
Excepting therefrom: all water rights, interests or claims whether riparian, appropriated,
perspective or otherwise appurtenant to said lands or otherwise.
As reserved in the Deed from John F. Alves, et ux to Calor Construction Company, dated
August 10, 1950, recorded August 11, 196 in Book 2033 of Official Records, page 130.
Assessors Parcel No: 326-09-008
2
Order No. 310442
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD
BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any assessments collected with
taxes, for the fiscal year 1996-1997, Assessor's Parcel Number 326-09-008.
Code Area Number: 63-052
1 st Installment: $2,013.69 open
2nd Installment: $2,013.69 open
Land: $295,000.00
Improvements: $50,000.00
Exemption: $0.00
Personal Property: $0.00
2. Supplemental assessment for 1996-1997
APN: 326-09-008-51
First Installment: $408.05 open
Must be paid by: December 10, 1996
2nd Installment: $408.05 open
Must be paid by: April 10, 1997
3. Supplemental assessment for 1996-1997
APN: 326-09-008-52
First Installment: $22.29 open
Must be paid by: December 10, 1996
2nd Installment: $22.29 open
Must be paid by: April 10, 1997
4. Supplemental assessment for 1996-1997
APN: 326-09-008-53
First Installment: $89.19 open
Must be paid by: December 10, 1996
2nd Installment: $89.19 open
Must be paid by: April 10, 1997
5. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of
California.
6. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin) as set forth in the document
Recorded: September 8, 1950, Book 2049, Page 637, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat
the lien of any mortgage or deed of trust made in good faith and for value.
Modification(s) of said covenants, conditions and restrictions
Recorded: November 22, 1950, Book 2101, Page 146, of Official Records
3
Order No. 310442
END OF ITEMS
Note 1. The only conveyances affecting said land, which recorded within twenty-four(24) months
of the date of this report, are as follows:
Grantor: Douglas A. Olson and Lynn Olson, husband and wife and David J.
Olson and Betty M. Olson, husband and wife
Grantee: Kelvin Ming Wha Kang and Martha Shan Ping Kang, husband and
wife as joint tenants and William Fue Fong Li and Dorina Soh Moy
Wong, husband and wife as joint tenants, all as joint tenants, as to
an undivided 50% interest.
Recorded: March 27, 1996, Instrument/File No. 13237287, Book P 259, Page
0242, of Official Records
Grantor: Kelvin Ming Wha Kang and Martha Shan Ping Kang, husband and
wife
Grantee: Kelvin Kang and Martha Shan Ping Kang, Trustees of the Kang
Revocable Trust, dated September 15, 1994
Recorded: September 19, 1996, Instrument/File No. 13453725, of Official
Records
Grantor: Dorina Soh-Moy Wong
Grantee: Optimum Investments, LLC, a California Limited Liability Company
Recorded: October 24, 1996, Instrument/File No. 13494715, of Official
Records
Grantor: Kelvin Kang and Martha Shan Ping Kang, Trustees of the Kang
Revocable Trust dated September 15, 1994
Grantee: Optimum Investments, LLC, a California Limited Liability Company
Recorded: October 24, 1996, Instrument/File No. 13494716, of Official
Records
Note 2. "Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation deals with the disbursement of funds deposited with any title entity acting in
an escrow or subescrow capacity. The law requires that all funds be deposited and
collected by the title entity's escrow and/or subescrow account prior to disbursement of
any funds. Some methods of funding may subject funds to a holding period which must
expire before any funds may be disbursed. In order to avoid any such delays, all fundings
should be done through wire transfer, certified check or checks drawn on California
financial institutions.
Note 3. The charge where an order is cancelled after the issuance of the report of title, will be that
amount which in the opinion of the Company is proper compensation for the services
rendered or the purpose for which the report is used, but in no event shall said charge be
less than the minimum amount required under Section 12404.1 of the Insurance Code of
the State of California. If the report cannot be cancelled "no fee" pursuant to the
provisions of said Insurance Code, then the minimum cancellation fee shall be $360.00.
Note 4. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that the
buyer in all sales of California Real Estate, wherein the Seller shows an out of State
Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject
to the various provisions of the law as therein contained.
4
EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY 16-1-87) EXCLUSIONS
In addition to the Exduaora,ym are rol board agent Ines,di sm ntryd".and the experre. 3.Tifb get.:
rands,horn: .[na are weYad.allowed.or egrmd[o ere vW
1. AnY rights, «aese,de .fi dams d Iranian poaaeann atthe had m dluwrt Dv rhe W bey temde. echo.e k.1.You,W1 Id to us,on the Pabry Dee udas they appeaol,n the whet recods
•lad und glut era in anlose a Iym
•land d-amin e m the lad •Iho M1s alfen your one shr the Pokey Doe.this does an emit the labor and ma."fen..raga
mental rotation
in Item 8 of Coi a.d Rat
e
ake
P,,• iol odY MNc r a. I'di to pry vilue for Y"litla.
.xW on data.t e 1r roirra or the edaoamers of rose.atlas whi cM1 aDwa in the 5. fact al a right:
W eads et bider,lees •to dry had made the sea fearsomely dissociated and r4arM to in hem 3 of SCM1edde A
Th.axduaon dos no,limit the.ring dhe ope derawibad or hams 12 ad 13 d Covered Title Raks. is
2. The ri hht to take the lead by condanring 1,odor: •in areers,aMye,nI nate.s that foudt your lad.
rice is rxadaag ha rgM repined in the Wfdn rands on the Policy Doe Th.evduaon data not emit the saws corsage to Item 5 W C.grad Title Woks.
e the taking happened pier to the Pdicy Data and b Wding on you it you bought he lard wshnd
knowledge of flat III
SCHEDULE B
EXCEPTIONS
Ina din.to the Exduaoa,ym as not dryad pant ones,cats,afareys'fei xtl the expalaw 3.A Iota aMxa the lad relioh a coned wnr laid deadoo sd wndh se not shorn b Ina
Ifing from: eta survey Y Wtlir
I_ A,rigMe,imrws,«dame d atia in - r y y ter does rot emir the Iwad,ended courage t amm 12 y Career an Wete.
2. Any treatments or free m sheen by the wbplic remtda.The doesnor emit the forWverage�heen A.Andawelr rights w dams a title rat won in or radio the lad,whedr w nor sheen by the wbhc
8 rl C ,msed Title Take. Isar
CALIFORNIA LAND TITLE'ASSOCIATION STANDARD COVERAGE POLICY- 1990
EXCLUSIONS FROM COVERAGE
The frsowirg motes on,expesdy excluded hom the..raga d this parity ad me fompany as apt (a)wsaw,aMaed,assumed re agreed fro by Ihe instead damn;
Pay bar or damage,orris,alwney'e fees of expenaes which sue by reason of: IN Id it.—fro IN Company,.I recorded in hhe Wbsc retard.a Co.of Policy.Me tanwn to the
1. W Anylaw,adnands or gorrrmemA regulation brdudag M I rot smiled to Madilg and...lane, inured dmatd and not i irdosed in wripng to Ihe C Ibany by the irwued dormers prior to the dos
YrSnwxw,w Iegdaione)rMricdig,ori.lets ing or red in,to(i)the omnasi va,or rnpymoh of the reeved)damam became air seed under the policy;
he had;b)the cM1wadre,dimawoer or Interim of any imworamerp row a harder.reared on the (W Ieaiting in.log or damage to the inane dames;
Ind;la) a apsdion in owrerahip or a change in the dimensions or was of the lad w any pace d (d)standard or oened oubsplrent to Date of Polity,«
yyhW the had le a wa a art;or(ire)oweoan•md aorechar,or Ire or.of any anistion o1 has (al raulang in bass a damage wtrcn would nor nave been watered if Ina im«ad damn nod pad
laws,Wwcemrs lhaeof Is a notice of.def.,ben or axmmbsne raaMng from a.ida am or vdue for shot ease or Irrw hared by this paN:y.
•Paged ridaim affac[irg the land ha been Ix«da in 1M Wtlic Ix«ds.Doe d Pdicy. 4. Urenlwc.atrfty o1 de Ian m of the insi «tgage becone of the tY inabd or fake.of[he irwed o
mm(b)Any govsend pith.Wwr.1 exduded by 14 above,sins to Ina nosh Ines a hoods d the Doe of Pdicy.or he indbgey w feat-of ay a rtandaters owe.of IM.M.1nednrs,to co npv aim
sanders Ilassnf or a.lice of a drew,wen or ..W.ImYting hom a-season or alleged he appecable ding Noires Mora of rna sloe in vrrich he lad he smaed.
vidarion affording the lad no been re.Id.d in the wblic road.o Doe d Pdicy. 5. Inrs"i or u.N«aapdtY ache fat d the mar of mortgage,or dam tna.d,vrhidt wise a"t of 2. Rghta of armors damam"deed.fire of the somee Inrsof no been rervdad in the wtlb foaM the pnadon ey.doyxd by the iaeead mmgages and Is bead upon u.xy or any.norm.welt
es Dan of Pdicy.W t not exdudmd from myaage any taking,wMPli ha omrrde ono.to Dae d l«afnn or vuth in lading law.
Policy which would be trading on the rgM.d a p«chess 1.yelp r without k.rdedge. 6. A,dam,wlicn..a mr o1 the transaction vesting in the iaurW nor—to.or idrw iaaaed by
3. Defects,hens,rxa.mba.ea,elves dame,or ome,motor the Policy or the bnedo-h donalg'hit irrw d the raised bade,by ream of the In rows of
ledge bankmi",sae i.dvetcy,or emler we6twi he laws.
SCHEDULE 8
EXCEPTIONS FROM COVERAGE
This DdicY does.I iacum pear land or damage bard me Compeer"nor pay uM1,aI«rey a for w ss paw4 had,win Dy.aeon d:
PART 1
1. Tda or.seesment.w h sa.t shown se......N Ibrc by the Teri or any hiring anh«ly Chas 3. Eaemave,era or annanita.,.dame this".which an.rot sawn by Ire Pubic rasa.bared faxes of serene--on and loosely or by the pi needle.Raceaetgs by a weer agony 3. Dwepaaies,mrdli in MwMaY I.a,shortage in.ea,thaoaMnama,or any wher face vdecn yhe�n ords Baia in taxes, assessments,t1he eMe,w aKKicm d atcM1 lrceadlga,whether«red.hewn by •earned array 6,a rion.; all solo as sew.hewn NY the W sec.acrid..
fire rands g exit gory or des the a"tlb eewde. S. (4 Urtpesamed;W dams; (on)rah or ma,1.son—pro.%r i in goants or in A.o idsfy eg Ilse
2. ascertained
fate,Ii y an ieresa w dams wlictt nos.I•lawn r the byadd in os eaon qid be menace or
a fs was rgM.,dam• o dtle m ware,wMlr a not he ma[ra exceped urdr
asxrtarrd by a trcpewim d the lard«wfech mry W awed by W.in praaseim tonal. 14.IM.w Id as.hewn by Ile Wbfrr records.
EXHIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The Idovrirg matwe an expes0y excluded from IM novitiate of tan pricy anal the(;oropwry wall not value la Ito.4.w ipws[im.ey t l babs policy.
pay loss a m daage,—ay,antarey s lees w oxrenan avnncl�aisa by nsom d: s. Umnla ed ke of
cealmay of line t imatl mangle becuw d IM inability a falwa d tM uses,at
1, teal Any law,adnrroe a go.rlm.nta rnpulanmn bredilg cA bar ref food to bdldl sal aakrg laws, Data d Pdcy,a tM inability of ta4aat deny subeearre Dorm d'be iwabdrs.fo wordy with
uNnanv'm.a'Nufaioral rptricgrp,eirdItanil a seating fa If Ifni,acapacv.use,a action.of lWcable dial Wei—lawn d the stela in wlich flat Iri.Mraed.
llro laal;(n fly chredw,dym.mons a)-awn d any impov.mnl mats brea[w aedw onIM 5. Inrb6ty w umdwceabary d the ken d led;maul matgai a dam flowed,ve.arli ran ad d
lava;In) •eepaatio i in..dip a e charge in air timmvon a are•of riw IwM a any lard of the nanandon evidence]by the imam mortgage,wtl.bid upon navy or rat tan .wade
wlicn tM Ia l a w win a pat;m lira—vbnnonwal andeclion,w tM a6ew of cry vidaun of teats ant.or nuth in IerWng law.
I.,.&I.—. to—on intal regulations, incept .the seem that a noire of the waacemae 6. Any an..,ken la,wires,labs a metaies Iw the dam d priority of rat...y ken fa
.Iflwd a .rot.-d a dialect,lien a n bn o or oa rasdvte from a vidavon pat feged vidanion .aexny.laps w mowers ors flym d k 'a imsad mangle) u rung horn ann lmp,yamant or work
ayeo llaW Ifni Ira hat bean,•coded in IM pullle,road..Doe d Pdry. rdaed Io the Ieral y,lodh a oaacd 1.antl-mmamed m,paluan.Oo.d T "rtl as rot
W Any gorrrunwed Police-war rot excluded by W above,excapl o tfe Mre too.mpca done nnrcM an vdrla w in poor by pace.dy of IM iroabtadrwcs sewed by IM tome.n.ongtea wt:cn
on-03160 ihw.d of.spice d .defect,ken or s.vmbirce reulpl bon a sedation, r akeged a Do.d Pricy tM i.W bee dva md a a denia wr ed[o rce.
endaion allaevl fly loyal has besot I. in[h.pubic raWrM a Dae d Pokey. T AM dam wench resat-e of[M tnasacun waabng no i..M d no nor foet,aid be tiny
2. !Silly.of sore.Boman urea notice of the finny.Ilaeol ti been rxwde i nos the Wbkc n.—.d. pricy,be ra.un of tM apwaaon of lwral bannrPlm,.rate mmadve y,or roes v or i nigMa
an Data of Pricy,bie ref andledng born comps any tekilg weans hay ocoard R—[o Dane d Pon.. la
ws,Ia r n a bed n:
wtln ea vrwW be bindp on tM nigh•of s pacnwr fat vain,wi utlw m ut kwldne, li)fly vrnavon are.,Into nrM d tM nalaw mngla.bang deemed a fir.cmmayanea
3. Deleds.fan,..W.,mine.
annoy.or na mnwe: a harduonl a.watel;or
lea vexed,suDrd,seemed a speed Io py ll e.n i d do..; 0) On wbord.apn of IM orM of IM irwad mngagoe as a renoi,of It.nW:auwn of the
III)M known to tM Compxi me renwdw in tM lobe,muds a Doe of Policy,Wt known to doo"wee of equitable ubardnxin;or
Ilannvel lament well m1 dianned in van.,to tM Connpny by iM imxed dement pia to[M lute tM no .waatip the irerew d tM Interact Ming dewred a perre.ia V alder
dateM ins am e tured de.be m n un cae wed uda Ieaa pokey; except.fee tM prefrawal mrafae more booths faLe:
W rmdpp m W low a da
mps to tM ironed de..; W to..ay-mad led iMNTBw d tiarmi w
(d)11Keal w oaand ubsaggane Ia Dan.d Pdo,,. roI of such reooaabn to imp-rain to a p.dlnw lot raw w a vdgemew o eM sei
(e)r.Ring in lose a danps oted,would not have been meanared d IM hailed deport heal pad
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 0 0-17-92)AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY 00-17-92)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The tollo.wp mafaes we axpwwv eadndw horn tM m.wla of teas polcy atl Ito Canprry wig not (b)not known to IM compnv,not r®sad Io tM prbk,re,orda a Dane of Pon,,..,,known to tM
pay law or dempy.-n.,xtorey'e few..xpaa.e wea.h one Intonation d: load chore end not locoed in—.1 to IM eanpn,b,tM unwed damr<aoa lU IM day
1. la Any I.,nolkir.a of gcearryne.A rpulanion(o onn erg but not kmitd 1.lard,.ref Ion,laws, the imeed chore became n unwed...,He policy;
wine.,or regulati rwaica" oNda'a'dwl in II)an.'earrY,taxi,or repro.of Id remaking in on low a demon in tM insured dame.;
fly Ina;(ii)fly cha der,dmanaone or Imnon of any impmanot now a haeal[w enactor on tM (m mulcti,or oriental suMeduan.Date of Policy,or
land;(A) .amwanion in—alnp te a,nag.in IM umaraior or...d fly lW w any pa.d of ld reulte,in loss or it. ,.weans to ml hire non wnferm a fM i..d eamre bas pad
wanly tM l•ef a a sow a pat a gal nriron eyo a poncbon,oe IM ayfM of any viaanion d Ihwn value tat IM Male w irawad by)tie pricy,
laws,wanaWw or nnnetynrta r"nioinn,except I.led.eel then a null.of IM nlwmmnf a. Any clam wb,n neon non d IM aaaaadon,Ming in tM Irelrw IM Ma.a r,rM awaw by
Ihanwf ar •nob..of .defog,kn w nm„mbalWa rMdvW bo. it nolxmn a raged .id.. Me poli by reason of Ine ooreton d!wind briruacy,Mare aaoleani w arnlr a.a[ai
ebedng led law nor been re-ndw in IM po
or,roods a Dae d Pricy. dgly.Iris,'he,i.bow n:
lb)Any govanm.a ore not a psi,.Po exdudw by teal,Wre,exC.pe m eM antra mx a mtl-d IM Id [M owr.,dn piping led Man.or I..M inerd by tti polio, bang diwraei .tradulwe
anatdes Il amf a a nulls of s dated,ken pen sox .m .rMalip ft..a vidron Of alp. carry" car a frarddem varatw;a
d
Violation
fening IM loyal has been re,iedea In IM public necards a Do.of Poky. (li)IM pernanpon cone,fly Mae a rotator!horror by Iti poi bang dim?.. a pefanda
2. ligh.of.mirwne damn udew nation of the.xrdne decent no been recaaled in the;parbp fa.wds vaatr eycapl wbwe It.notational newsy rank.boo(M!alias:
x Date d PokcY,bin not.xdudl Iron—vale.1 n tally, ich e,in hat ocww pi np to Doa d Pd., W to umay remnd Ih.am oumen a lash:orwea yrwy be beh mdrg ontM rg.e of a wohra Iw value witilwA knowledge. Id d wwal r-odauon to imps mo.e m s wdw fo raw a e'rdgemxe o.an vwna.
3. Dayton,lira,avm okent" s,woes.dams,a efle,...
(a)vexes,lffaw,wmemed a aPeed to by the naurw dement;
The sleeve ALTA Policy tams may M are el to afford atl.n Slatlad Coverage of Extawd Covei In.divan to the
above Exd,aar born C aaage,the E%Uptips hom f veo ins S1rMadi Corals policy.W alsoomdnde 11.lobwing
Gera Ea—pawns:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Teas policy low not irnvn lam loam or clam!.Ifn IM Gonpny yell WE ny cones,a[arev's few w axp.nwl wand!see.by rewoo d,
1. Talc or....a weal,any me ii w...xiab fora:b IM.,wds d nyf® PART 1
Ierin texas a ass. ...on real ^g Y asp uNo —y 3. Doanrae,liana of ersnybarcr, l dams IMits i when ray W(drown by tam ask,racad a
poppy w py iM-noo iloote lemma-hga t, e W Iic —by a. -onnot ores, , ,Dine. m pouwaY k,n an one in ray,y flue pMnwa, r rn+-'a Ia'.fe weacn
'M mN result th Iaxw w sb,,M pen.,a naive al rich pocewinga.wMtlw a Wt sedate by a caws weev .N dados, )I vd.ra ray nay drown by tM Weak,raid..
[M raids of uch teem;a by..pubic scan on 5. Ial UW read miap dame; .. rays ow one to eoyaa tiyrr h pate.-te in Ana an beepow p Itne
e.
2. Any Ilya,rby an:.pears a lama wn,h say nay e,be by tM beak,rmwaa but wHM could b. 14.(b). (n)are
14 was rg.s.dame,o ntb to wry,.NMM a mI IM mean axaap(d uww
e.crtared by n impeclion d(M Intl a wficn mM b Mutes by pwwn in posaesan Ilrmf. la.lbl,a Ica re slew-by fly public racwda.
wa
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NMAmerican Title Insurance Company
A Stock Company
19200 Stevens Creek Boulevard #230 • Cupertino, CA 95014
(408) 253-6990 • FAX (408) 253-3780 PUBLIC WORKS
June 11, 1996 ,UN 12
City of Cupertino
Attn: Karman Order No.: 310442
10300 Torre Avenue
Cupertino, CA 95014
We have enclosed 3 copies of the Preliminary Report for our Order Number 310442. Please
call us immediately if you have any questions or concerns.
Sincerely,
untersigned
American Title Company
_ American Title Insurance Company
A Stock Company
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, FIDELITY
NATIONAL TITLE INSURANCE COMPANY hereby reports that it is prepared to issue,
or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing
the land and the estate or interest therein hereinafter set forth, insuring against loss which
may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception herein or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report land any supplements or amendments hereto] is issued solely for the purpose of
facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed
hereby. if it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide
you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the
land.
ISSUED THROUGH
FIMIty Natlonsi TW*Company
AMERICAN TITLE eV
INSURANCE COMPANY �optOq,r��e
A FIDELITY NATIONAL TITLE AFFILIATE SEAL ATTEST Mwiaw
Countersigned
��_ American Title insurance Company
A Stock Company
19200 Stevens Creek Boulevard #230 • Cupertino, CA 95014
(408) 253-6990 • FAX (408) 253-3780
PRELIMINARY REPORT
ESCROW OFFICER: Wai Ling Chu ORDER NO.: 310442
TO: Marta Kang
1060 W. Hill Court
Cupertino, CA 95014
SHORT TERM RATE: Yes
PROPERTY ADDRESS: 20861 Greenleaf Drive, Cupertino, California
EFFECTIVE DATE: May 29, 1996, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy - 1990
American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form 1 Coverage
1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Kelvin Ming Wha Kang and Martha Shan Ping Kang, husband and wife as joint tenants and
William Fue Fong Li and Dorina Soh Moy Wong, husband and wife as joint tenants, all as joint
tenants, as to an undivided 50% interest.
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN AN UNINCORPORATED
AREA, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
MB\slo 06/11/96
1
Order No. 310442
EXHIBIT "ONE"
All of Lot 10, as shown upon that certain Map entitled "Tract No. 783 Garden Gate Village
Addition", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on September 6, 1950in Book 30 of Maps, at pages 30, 31, 32 and
33.
Excepting therefrom: all water rights, interests or claims whether riparian, appropriated,
perspective or otherwise appurtenant to said lands or otherwise.
As reserved in the Deed from John F. Alves, et ux to Calor Construction Company, dated
August 10, 1950, recorded August 11, 196 in Book 2033 of Official Records, page 130.
Assessors Parcel No: 326-09-008
2
Order No. 310442
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD
BE AS FOLLOWS:
1. Property taxes, which are a lien not yet due and payable, including any assessments
collected with taxes to be levied for the fiscal year 1996-1997.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of
California.
3. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin) as set forth in the document
Recorded: September 8, 1950, Book 2049, Page 637, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat
the lien of any mortgage or deed of trust made in good faith and for value.
Modification(s) of said covenants, conditions and restrictions
Recorded: November 22, 1950, Book 2101, Page 146, of Official Records
END OF ITEMS
Note 1. For proration purposes, the property taxes for the fiscal year shown below are as follows:
A PN: 326-09-008
Fiscal year 1995-1996
Code Area: 63-052
1st Installment: $219.83 paid
2nd Installment: $219.83 paid
Land: $15,257.00
Improvements: $24,337.00
Exemption: $7,000.00
Personal Property: $0.00
Note 2. Supplemental assessment for 1995-1996
APN: 326-09-008
First Installment: $108.00 paid
Must be paid by: December 10, 1995
2nd Installment: $108.00 paid
Must be paid by: March 29, 1996
3
Order No. 310442
Note 3. The only conveyances affecting said land, which recorded within twenty-four(24) months
of the date of this report, are as follows:
Grantor: Douglas A. Olson and Lynn Olson, husband and wife and David J.
Olson and Betty M. Olson, husband and wife
Grantee: Kelvin Ming Wha Kang and Martha Shan Ping Kang, husband and
wife as joint tenants and William Fue Fong Li and Dorina Soh Moy
Wong, husband and wife as joint tenants, all as joint tenants, as to
an undivided 50% interest.
Recorded: March 27, 1996, Instrument/File No. 13237287, Book P 259, Page
0242, of Official Records
Note 4. "Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation deals with the disbursement of funds deposited with any title entity acting in
an escrow or subescrow capacity. The law requires that all funds be deposited and
collected by the title entity's escrow and/or subescrow account prior to disbursement of
any funds. Some methods of funding may subject funds to a holding period which must
expire before any funds may be disbursed. In order to avoid any such delays, all fundings
should be done through wire transfer, certified check or checks drawn on California
financial institutions.
Note 5. The charge where an order is cancelled after the issuance of the report of title, will be that
amount which in the opinion of the Company is proper compensation for the services
rendered or the purpose for which the report is used, but in no event shall said charge be
less than the minimum amount required under Section 12404.1 of the Insurance Code of
the State of California. If the report cannot be cancelled "no fee" pursuant to the
provisions of said Insurance Code, then the minimum cancellation fee shall be $360.00.
Note 6. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that the
buyer in all sales of California Real Estate, wherein the Seller shows an out of State
Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject
to the various provisions of the law as therein contained.
4
EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addhoon to Its E.Grwr,you as rot insured!'Is.sass,,we,att«m ard ra y's fees.w the amer 3 Title(bone
® :
fIU^9 ft.: stain ra«MM,Joined,or ascots la by you
1. Any epos,iMvawa,or dame d pads in possession d tM IyN M alnwn by IN,Wbic roads. atMl as term to
•final use
Y,,but nor to us,on day Panty Owsudws they prised in the pubic records
adds rill M sari to Yw
•i..Va..an hey hid addsbat e Ifect Yek one nr the Panty Dws.data dos Na ten no IaEe seed mwaia on seas,,
•Irtl demean in ham 8 It Covam Title 9s4
«wiorm«aa pceecfi«r a. Like dongh raua 1v Yw Vda.
W e.riuon dos not o.. to ridanwu«tho erdvwnrM d dike manes vNFM,pages sa lho b. Lack d s rph:
wbts ee,rds d pane t date. •to wry land send,nM sss pr+rm+lly described+rid raarM to in hem 3 a 5'dedrh A
The sdr.on Moth elan imh one zarap,rape described..Fero.13 and 13 d Covam Title Roo. by
2. The rise,to toe io land by,rtlermnng h,unions: I.meets, orya,a arerw.ra tnw dvdM Yw Iwtl.
.eIEar a vadarg the right spokes in o a d is b records o s die Panty Osa This uduee dots a unit oti knee,Pura - hem 5 d Coraad Tits lnska.
•the bed h lima d Iry to Its PoidY Dre vtl is I:mirg on yW h rW bought Ne Intl rrhhoul age in
R,eAedpe a oho taWrg
SCHEDULE
EXCEPTIONS
In addition to the Excursions,rm we ho itt imed pane lore.coats,an«ney:fees.and the easwaa 3.An,ewt.shoat ties land..non a c«aect,keen wnAd dadoee randwnM se,Nashown bir tho W ts.
efultine from: scads.This does,t hm the f«W fe o d c as,. ram Iz of C —wl rile qak..
1. Any rights,inked.,«dams of pre des in wee of the lam nor shown by the wait ode, i.Anv waver right.«dams or Ede to water in a under n.1".whine,ar Put shown by the Wbe
z. Any ea.aments or k.m not.hown by the Wbic Possession
Tne does hot emit the ban,raaa n berm ee,rds.
b of Covwed Title Risks.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The fdwwip minas as ea«rosy excluded!from the,vape of this pdnw wtl the T;,rmpwn a s,n (al«,red.wiffered.wasmmm«sP ydI m by tro messed ch mwa:
Pay,lons or damage,tor.,wharyy's fees v m sres witch she by borer of: (b)no it.la that Company,ace nodded in tM Pukka rw:vds s Do.a Pc icy,Wo t..to 1N
1. to Any law,«dinarew or gorwemeda rag aidu n lord cam,ate,t broad I.bads,and zoning laws, .read demon rd,t ded hosed in wmorg to Iles C«nps v by the sewed da.Prrs to the daa
,blasts,or ,a )rsbicdp,«minting-wesip to(i)dies OCNprcy,us,«enpymwR If Its mewed own.toomm a1 meared and es IN.pail.";
do law;lit)ter Placed,dmaawa or bceoon of aw imvaranwe,w«hwadter we mad,tits (a,slop in No Iss or damage do Ilw,wad damns;
Intl;fill) .spawion in a err-d"ip v A Marion,Its dmwrwa«vas a tho lad or any parcel a (d sta3ip by vewad arbsepred b Dwe d Policy.or
welch the lam is or war a pan;err Tv),rhommda««action,a the dfam d any iodation a these (Al rerlrip in by w v damage nUM-au,d not have been suwm ad d oMwad age i dam had
w pad
las,abarcament limed(or of ed a rw a doled,den or rrwmbrlaa rerdorrg hen a video,or sore for the sows«imam irwed by IMa policy.
alleged vibration affaeorg the had her been reorded in the W big records r We d Paw", d. Ursrg«mabift of Iho tan d the mewed man v«leave d tees imked s r sodae sta.aIlesi t
sytid Am Borardmda pots,war nor d,fam tl by Ia oore.,sees to the slave ins a,ow d the Dwe d Pdlay,w diameters,—v fyde d nr Pubeawra owev b Its indebtmtre,op whop"win
ass nlwpf« a notice d a tlbM,den n awmbaw rsa D frail i ca,. w ogletl Iles appicetle tlarg Cuar�laws d nto...in red err Ile Iwtl r dowetl.
violation waorip the lad hs bowl rp«dad in d Pubtc of has a Dee a Pain t 5. Inrodry a uncdviceaad b a des deg d ai g"a m,page,«dram teveof,writs siss oat a
3. se W d f Pa Boman mesa loom d[M e.,a thorab ,,bean recorded r ono W bloc reeds one sawn or tat avide,ed by the sewed alangpe.rtl is Eared apdn reakY or wry coerdmer amid
r We hi Paddy,4b a i ng on
hoe. crag,mat ta4or tem y No aeatte pri. to Dee of Am data v ben in.,emotes law.
Potwhich,oho be does on die rdoh of a wrMsa 1«vaue rsitnaut krowsatlge. S. Airy dam, r the rise.Pun d the vaewbon vamp e i denatured and , yr. «idno i moved by
of
3. W.N.p des,en,mbawesc,advwss brims,a cela meta.: this poky ur ales ,sense ra veabg the Brae. d olw ironed hider,by reworr d tin operwidn d
lelera EankruwcY,ware irwdrerc�,«.Ma aadt«e'rigMa lava,.
SCHEDULES
EXCEPTIONS FROM COVERAGE
This iximy does slat imurs agaral r_-_or damage had one Company Mt,d Pay sera,envevy's fears v a.pwasl whits visa by rayon of:
PART 1
1. Trans or saseeemose Punch re roe shown to training ken by lM econ.of any champ Wth«hy that 3. E....New« ad .,«dams lhawf,witch as Put al m—by dhe wbic record•.
levies tax.or wawame a on red washy or by one Pubic rsuda.Proceedngs by a Pudic s,., A. Diaaeyarwea,wdi«s in bwmay ter,whets,.in see.anvoa tinawaa,or wry oflw facts wnM
which may rewh in tus or wessmeres,or,tics of such Proceed Ma,wnwhoi or not shown by a erect evrey wood dws atl de, vraiM ot we r shown by the pubic remade.
rec
ords cords a with agency or by IN,od re ic tard.. 5. (a) Uprentad nFnp demo; Ib lsrraoam a e.pptiors in prodm or in Ada sual,ono,dhe
1. Any Tons,rigMa,imxarts«dame witch we and shown by Its Wbic tared.bit welch weld be issuranica dharwr Ica weer rights,dams or nits to Pura,,harm«Not lane mmas e.spted am.
escerterad by m impaction Of Mho land or Punch may to seated by parade in possommin onrsof. Ia,Ib,a(c)an drown by the Pubkc words,
a
EXHIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Tina IPaosrl,mart..ad eapsdy do diMed h«n the cm.ga a ma policy M the Cwnpaa vail n« rice 1.IM...a in«eat wan by IM policy.
P+/toed«den".Para,mornm'a rap or expeam plea pia by reason of: a. Usrdpsaitr a too am a one in..ad ro.tBgs tecew a tM:ak3ty«Near.of toy irwed.
1. III AM Ism,card.p Bd,ion al mg t.(irc6ad,but nor lmted to Nadi ad zori,levee, Die of policy,at tM Initial or fill a any alNepra parry of tlr inebtnres,to comply rdth
ordinances..regul.ri.al r.M,polititin0 p owl m w tM papa y.ree.«epym.x a eapkcable doo,bureu laws a Ili...in wlvh IM Isld Is wooed.
1N lad;lid tM chawfe,6m.ra.car wi�anion a aaly impov.rwt row.M1pall..ecod candid, 5. InNedy.imed-o abitY of Ile ten a the ion mortgage,«tlim ttsect,vrledl.ss.oa a
Ind;I-i).meaion in owrodeP«a dory,wide 6m.r«.«obi a tM land.An,Pace d IM baaamota side.ced by tle hared marngepe,and t bad open may,p em mlwlmw paned
I., tld I.N s or ors a pwi;«fr)emiparrad P«s ,doe 1fw Watl n o I,oni d Ilea Am sa or trlttn in t servo law.
thea,f. .YB p 0.did ct, mBdgdy, dicat,ix.la Ila MW,. a.pore d IM a IoNa V B. Airy rtIR.Y 4en si aavover lobe p moraine(«too ial a,in a e...slay ten ak
mass nI a ra d l e s morn
recu ten«erovmbrep hating Iron a ridaNn w aaegaE oblation Ards,1�p meralas ors a eten a IM invent r^ortBsael am,Iran o improrasae a w«t
aftectl,tint and lose been retarded i t tine wb4c raves er Date d Policy, Intern m tM lord wMcn t...scan Ice ed smnlalaed.'Napo by b Dora ra Ploy and yi Im
(bl Any ga 'col pas apace power il a loon d Id above, loathing
[M anent Inal a notice d aM A Deed in wlela le in pot by s advnc a too ldaNedn.a man by IM tried mwtgga rvlecn
s hero w a rotis d a dialect,tan t wrwvmboam rd,at
ha a ridatian, «lqn A Dee.Policy tM m. his nvecn co i.edyern to dorm.
.illation electing— IM Ind ha been readai. 6 public Im.aches r Dee d Pdicy. J. Any dam when.tea as a IN f a e b.eeriq tM inset a nM m«tB bat wren by Ili.
2. KgMa d aolicy, Boman udsa IAtice a..eaaas eon, he hears r tuned in tM Dial(.awns I., by rason d the opaerim d Inca braapcY,erera iredracy,«emi..s6t.i rgMa
y Datach d policy,but rot dr,fle q non covage any o,is imll he ocaarn pip to Dere d Pdicy laws,pltstan is Need on:
when world N b.i,on IM Nor d e m,.idl fa value Mnla«I[knowledge. kl tM eaeactbn for;P IM imam d IM ironed martggw ma,damn a heldeM comm.
3. Defects,Nre,fo aambercs,.vas dims,«Diner mach: .hsudii.a Iteref.:«
(al oared,seen,aumn p gran to by IN inured captain,cords dill uuniiin subordination of line irnaer d IN irean mptBgae by a reeull d line application a [la
Ibl rapt known to 1M Comsny,not rIn—it in tna a Cot omde er Dole n policy, NI kawn to tied IM of epd.n c.wbn IINI 1.;«
date IN n initial
a as rapt cone a i in od—it,of IM pompmY by IM imal tl:maa«ice m IM fill IM b.an.pi f mi,IM laser of Iha;aura malix. ba,daemn•gaas.ia yore.
dam oo inwrn o claimant P became an iP una ine policy; (apt were the pd.wi ins Parer. f Ifs from aM talus:
(d Iaaniq m w Ise.d-ott m me o�.of coined;w ax(e)to dmdv rated IN Ina mire n a area;a
(d)nash,n«ern o ,.vide h Dale err t hay.« Ice a Aped Iet.aerion m import Malt.m a p,Itn,.e for rase«a 4dBelnan«kern«BdI«.
(d raeulk,m Ise.a.mge whin wools roI h,Ye b«n e,r:rae it IM iroaal aam.nl nn paid
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
TM loNw4,manse we aoar"I Y esdaded Ion IM cover"a the policy"de C nopny oral oca Qd nr it—to Ite Company,ooI nodal in IM paNe.erode.Deal a Poicy.but known to IN
pay lap.canage,coat.,art.rer'a f—«e.pwat ydeh ate by reran ot: roan domino and not dieclovi d in wt6,to this c Pdvy by aM iced demerit Prior to IM time
1. Ial A"law,ordinal«BoranmeMa rgryhlion linda6,bed no,kmiaed no bile,ad z.e,laws. Ile waxed do..became am irwn order IN.policy:
prohnencs,.Ispimion)menicdq,«anitabod p ram,to 61 1M occupancy,sae,- j.'roay of pd reaitrq in.boa a dingo to 1M inaxn di nea;
lie lead:hl tM od as ddr,Indiana. Icc.a any ompoye norm map a aada...M on IM (dl ansde,or penal wlam ties to Dee a Fisk''.«
lard;Ga a nation in owoeada..ctuye in tM 6mamare or...of ve lad...pace a Id rrolo,in loss«dense whcn word not hsa Nan eadabad if tM irepn tlamws has paid
when tM Ind ie«ors a pal:p im)enrionmerea««trim,«nM si a am nannn a Ilaeae milai for the de.p lean by IN.policy.
I.,.dinalcs.gorarmant rgdmions cep to IN bra Iber a notice d In,adatwm.d a. Any dim wfath ors can of It.. .a.dn yawing in the horn tM...or ir.w.r waxed by
dal l« a notice of a tiefa.,fen p errvrtly.mating Iron a r".. «lged r1a.Mn Iles PotcY. by rason of ohs opereil a Iedal bapuupC,in.iradiacy,or lime. «edI«!
ahctiq nM Ian h.ban neadal in tM pubic reads a Data d Pnk(y. "Na Noial,the is based an:
(b)Any govern a ial politico power not exd.al by Id above,seep to IN...the a notice a mb oil IM baaaaion...,IM erne p least irrral by the policy bid,mane.noadlaal
atiotme lit allot«a notice of a Jdb«,ten.ermmbem rewdun0 from a non. or adged ...I m or ha idWa.tire.;«
rid lion eHacon0 IM Ind has been record.in the public meads to Dane of Pdicy. bl IM aoaacuon caaw IN bare«iaerent iron by Iles Policy biq deemed.pMaeaint
2. Right.a amaM domin no mat option of IN axons tMaent Not been record.in tM public aArds sofa ascep wlae IM adrenal sae. al from ra fitae:
.Des,a Polm,but not axdudi,h«n omega any Na,which has ocaxre I pip to Doe a policy W to timely record lM moriu ea«I,".;.
whch world N bone,on IM,Me of.p.cnav 1. and w4aM l knowledge. (b)of aMl retardation to imDan Ielim Io a puncher I«raw«a judganem.ten aadoor.
3. Deters,lice,arambama,alves aim.,a caner manors:
(a)coma,auflan,steam.or all to by IM warn do.—,;
The ebovs AITA poim lam.may N aaun to aPlpd anh.&Wad Cover,.or Ens..Covage.In add Io dM
above Emaud.a Iron Covage,lM Exception Iron Co—apl in.Srdati Cmarga pokcy will ace i.fude IM horn,
Geed E.ceptl.a:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Th.polky dom not ware qaa Irea or day,.1.1 IM company w;a not pay voila,mIPom:Net.exi e v eld whd aiae by mason d:
PART 1
1. Tex.«saeasmeMs which on.rot sewn as..an,4.by 1M retards of any twin,eutlwity the 3. Eaments,liar m ercvmbovea,«clams Itwea,w1iM lie rot eMwn by IN,pubka toads.
oval Texas«avaesmema on tea polaaty«by IM WNc meads.Race.igs by a wblic gent, 0. conflicts in boandwY lire..sense in wool,alpaeelYn.Rs,.try other IM..Alen
which may Isalt in lams.i.Bealleaa,.Iaaics d ouch p.m6,s,Alen.err o.dawn by a aroma array waWd dedwe,,id rncch We not elation by IM pulatc teac,
tM roads of etch gerA,.by tint pubic r.do. 5. Ili Urom.dn mid,dame: (bl no armiore.excstiar in peraM.or in Act.aaMriai, 1M
2. Airy Isle,rights,iMaMe.dims wHPn on.rot eMwn by nM Poll feeds poll w h Pala N amaye thereat:Icl were IgM.,darn a title to Ara,rdWnm a rat IM mats.excepted urtla
emotional by of irepattion a IN lad or arhda mry be asertel by p.aa in psee®on tn.eol. (d,M.«More sewn by IM Public rase..
`This ptat+s for Yxr 041:-C3 ng your land with reterdnca to sbea5 and 3zs
other parceis. v"e M oat is believed to be correct,the Company
assumes no fY fm any loss occurring by reason of+elianca thereat' �1
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DECLARATION OF RESTRICTIONS , CONDITIONS , COVENANTS ,
CHARGES AND AGREEMENTS AFFECTING THE REAL PROPERTY KNOWN AS
TRACT NO. 783
GARDEN GATE VILLAGE ADDITION
LTHICH IS SITUATED IN TTIE COU^TTY OF
SANTA CLARA, STATE OF CALIFORNIA
KNOW ALL LIEN BY THESE PRESENTS , that
WHEP.EAS , the undersigned , CALOR CONSTRUCTION CO. , a California
Corporation, is the owner of the following described property
located in Santa Clara County, California , to-wit:
LOTS One (1) to One hundred (100) and One Hundred an('.
'wo (102) to Two Hundred and Thirteen (213) , inclusive in
Tract No. 783 GARDEN GATE VILLAGE ADDITION in accordance with
the duly recorded plat thereof recorded on September 6 , 1950 ,
in Book. 30 of Maps , at pages 30 , 31 , 32 , and 33 , in the office
of the Recorder of said County.
WHEREAS , a plat and a deed of dedication covering all of
said property has heretofore been recorded, wherein and where-
by the whole of said real property is divided into building
Lots , and
WHEREAS , said building Lots are to be sold to separate
persons for separate occupancy, and
WHEREAS , the said undersigned desire that said property
and the whole thereof be subjected to certain Protective
Covenants for the benefit of the various purchasers of said
building Lots,
NOW, THEREFORE , the undersigned, CALOR CONSTRUCTION CO. ,
does hereby declare that the hereinbefore described real pro-
perty and every lot and parcel thereof be and it is hereby
subjected to the following Protective Covenants :
1. That all Protective Covenants and all conditions
enumerated in this instrument shall run with the land and
shall be binding on all parties and all persons claiming under
then until December 31 , 1975 at which time said Protective
Covenants and said conditions shall be automatically extended
for successive periods of ten (10) years , unless by a vote of
a majority of the then owners of the lots or parcels of said
property, it is agreed to change saki covenants in whole or
in part. If the undersigned or any of the successors in
interest in and to any of the said buildings , lots, or their
heirs or assigns , shall violate or attempt to violate any of
the Protective Covenants it shall be lawful for any other per-
son or persons owning any real property situated within the
hereinbefore described tract to prosecute any proceedings at
law or in equity against the person or persons violating or
attempting to violate any such Protective Covenants , and
either to prevent him or them from so doing or to recover
damages or other dues for such violation. Invalidation of
any one of said Protective Covenants by judgment, decree or
Court order shall in no wise affect any of the other provisions
which shall remain in full force and effect.
2 . That all the Lots above referred to in said sub-
division shall be known and described as "Residential Lots" ,
and no structures shall be erected, altered , placed or per-
mitted to remain on any of said lots other than one single
family dwelling , not to exceed one and one-half stories in
height and of a ground floor area not less than 800 square
feet, and a private garage for not more than two cars , and
other outbuildings incidental to the residential use of the
lot.
3 . That no building shall be located nearer to the front
line of any of said building lots than twenty feet (20) , nor
nearer than twelve feet (12) to any side street line, nor
nearer than five feet (5) to any side lot line . No residences ,
or attached appurtenances shall be erected on any lot farther
than thirty feet (30) from the front lot line.
4 . That no residential structure shall be erected or
placed on any building lot which lot has an area of less than
eight thousand square feet (8000) or a width of less than
seventy-five feet (75) at the front building setback line, ex-
cept that a dwelling may be erected or placed on any original
lot as shown on the recorded plat.
5 . That no noxious or offensive trade or activity shall
be carried on upon any lot, nor shall anything be done thereon
which may be or become an annoyance or nuisance to the neigh-
borhood; nor shall any fowl , birds or animals or other creatures
to be kept or bred for commercial purposes or in numbers be-
yond the reasonable needs and use of the occupants of the
dwelling on any lot or plot of this subdivision.
G . No fence , wall or hedge over six feet (6) in height
shall be erected or maintained nor shall any such fence, wall
or hedge be erected or maintained or permitted to remain in
the setback areas provided for herein .
7 . That no trailer, basement, tent, shack, garage, barn
or other outbuilding erected upon said property shall at any
time be used as a residence, temporarily or permanently, nor
shall any structure of a temporary character be used as a
residence.
The foregoing restrictions , covenants and conditions shall
be deemed subordinate to all mortgages and deeds of trust which
may encumber or create a lien on any Lot in said tract, pro-
vided, however , that in the event of any foreclosure sale,
whether pursuant to decree of court, or exercise of power of
sale , or otherwise , the purchaser thereat, and anyone claiming
under him, shall take the lot or lots so sold or foreclosed
upon, subject to all the foregoing restrictions , covenants and
conditions .
c
STATE OF CALIFORNIA ) SS
COUNTY OF SANTA CLARA) On this 24 day of October in the
year one Thousand Mine Hundred and Fifty, before me, S. T.
PEREIRA, a Notary Public in and for the County of Santa Clara,
State of California, residing therein , duly commissioned and
sworn, personally appeared Otis W. Vowels and Peggy Monroe,
known to me to be the President and Assistant Secretary of the
corporation that executed the �.ithin instrument and the offi-
cers who executed the within instrument on behalf of the
Corporation therein named , and acknowledged to me that such
Corporation executed the same.
Ito WITNESS WHEREOF, I have hereunto set my hand and
affixed my Official Seal , the day and year in this certificate
first above written.
Notary Public
In and for said County of Santa
Clara, State of California
STATE OF CALIFORNIA ) ss
CITY AND COUNTY OF SAN FRANCISCO)
On this 27th day of October in the year one thousand nine
hundred and fifty, before me, HAZEL E. THOMPSON, a Notary Public
in and for the City and County of San Francisco, State of
California, residing therein, duly commissioned and sworn,
personally appeared Parker S. Maddur, and J. W. Kotter, known to
me to be the President and Assistant Secretary respectively of
The San Francisco Corporation, the corporation described in
and that executed the within instrument, and also known to me
to be the persons who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that
such corporation executed the same.
IN WITNESS 1,MEREOF, I have hereunto set my hand and affixed
my official seal in the City and County of San Francisco, the
day and year in this certificate first above written.
Notary Public
In and for the City and County
of San Francisco, State of
California
Recorded: November 22 , 1950 in Book 2101, page 146 ,
Recorder' s Serial Number 679829
Y.'
,Ck• I
OR
v
DECLUUTTON or RasTP,Y
.ate .,.er.,.vn,•cae»r.rrxY,CK•- •`� .
•'i"hYRf.3'��lt� Y==L• �6lac
OAP$'F Sh'fq'- ALe�IF.ZI:7G m ..e.
VHICE Is SITUATED It "M COM" or
SAttA C1jMJF','ts VF rAUPOREIA'
ANOc ALL M" 13T 'SRM PRI' WfSf..pMt "
-
Fii3Np.AS, the umdesasigrrd, CALOR,�'y0tg'¢d0D1`IOt.[+G.,
Corporation, in the owner' o tao tulld+dng deacrib,..±
a G
1n 3antore Cenmtyi. Prt&oritr �!
lay oeell tooaa gegHFg�d -ROOI ixd 0•ae r.'mdi
.,o Hundred a lihtrteen 2E3)-p-_indlnsdvo in * . t t '
r:aT-- VISLAOE ADDITION In eacerdame'with LLB d�...,
• . ",ccorded onga�t tooter 6,1930 in rAor 3C
-d 33 , In he office of the H--order o -
1 VOMEAB_ a plat and a deed- dedr.cai o•, -
" -..rty has Zotore been -:de'd, 1 e
�+^ acid rest r-party Is divided into build i •... ,
tih=�?AS, %&rA building-Lots are to bea. -
tor separate ago and
YHEHABE Chj' >vndersigned.desies th,,t set? -
vbcle thereof bePted to certain Protecti-�^. Cc:•-
t.enefit of the y t chasers Vf said budidlug Lc r
t7f1, SH?REFOldE, 't!M ,C v6tersigbod, ALOR COFSTRTT•"IOP. W
hereby declare that tt: .hereISjjo&brd:Aasealbed real prover'-
-lot and paroal-throer-bens;dd9t"1a.liereby-sub;soted to th,-
Protective CovenaVte: - -
1. That all Protective,Covouirts and all conditions ens..,
+:him Snetruseut shall rnn_V1tft.1Lb&."jialld and shall be bindlng _
oartles "A oU poraom :erarmIM M84r,10ots antll:Decaa:.:
which MM acid Protectivi.Cbyen MU'A nd 'Said conditions OP-1- ra'auto- qqq
matieally ortesied for successive:perteds of ten (10) yea•.y, unless by
a vote of a majority.of the then owners of the lots or parcels of said
property, It is agreed to change said covenants in whole or In onrt.
If the undersigned or any of`".n successors in interest in and to any
of the said buildibgs - lets 61�Vqoir heirs or assigns, shoji vioi+ve or
e tt��ppt to wdolato 11ti t`L{neRiotive Covenants It shall be
Is= for W.V. other persolk cr,_persons owning �r roal property situutod
within the.hereinletore dcA{ribed:troct,to prosecute any proceedings at
law or in squlty:sgd1astti.`,,,pp'�•,yei3on or `yarsona violating or atteaytlns
to vloleto auf mush Proteativq Covenants, and oither to prevent him or
them from so doing or to r{oejer damages or other dues for suct, violation.
Invalidation of aly one of said Protective Coveants by Judgdsent, decree
or court order shall in m wine affect any of .ip. other provisions vhtch I
shall remain in full force,Ord effect.
2. That all the late•above retdrred to in said subdivision shall
to known and described as "Residential Lots". rrd no structures shall be
erected, altered placed or Dermitted to remain on aqv of said lots other
than one single foully dwelling, not to exceed one and ene-half sterlee
in not less and of ■ ground floor area no less tnan 800 cpuars Pert, and s
prtrate garage for not scare than two care a,ai ,r r.:,er
inei.',ental to the residential use of the lot_ III{I
3• That no building shall be located vea-r?r t, the front llre of
3>y of said building lots than twenty feet (201, nor nearer thar, twalvs
cwaecsea tavac imam awsawn oo-a a rmr rt_sur pan nun.
'rk MI-11
• t
r r�
am 6*
feet (12) to any side street line, am hirer then five feet (S) to ary
l be
side lot Jim. No residences or at
rees art
thenfront lotll ins.!rooted
on any lot farther than thirty foot l30) f
(. That no residential structure shall be erected or elseed on
Iry building lot which lot has an area of less than eight thousand
square feet (8000) or a width of less than seventy-five fsat (7') at
thv front building setback lire, except that a dwelling Pay be erected
or olaced on any original lot no show on the recorded plat.
S. That no noxtnus or offensive trade or activity shall be enrried
nn unnn arty lot, nor shall anything he dore1thhereoA wbich_mny ofer r..ws .
baedme an anncyeuca ..: sa....... -__ _.___ a . . _.
tlyds or animals or other creatures be kept or bred for cx .erci
.urposes or in nustbers beyond the ressormUe ne Pda and use of t_• ccmania
of the dwelling on arty lot or plot of this eutdlvisiar.
6. No fence, wall or hedge over six feet L_) - l.:r.`.
erected or maintained nor shall Any roch fence, ,!I cr ',edrr be a e^_tad
or maintained or permitted to remain in the seibnca -r-_. • ..._. _ for - :G
h,ereln.
7. That no trailer, basement, tent, shack,
outbuilding erected upon said property shall at ar, !ice zs• - a
residence, temporarily or permanently, mr -hell
temporary character be used as a residence
The foregoing restriction!, covenants and corditians shall 'e dee,=vd
subordinate to all mortgages and deed■ of trust which r.ey er¢w-•t�r cr
create a lien on any Lot in said tract, Provided, hp•msar, that _r. the
event of any foreclosure sale, whether oursuant to decree of court, or
exercise of power of sale, or otherwise, the purchaser thereat, and &r -
one claiming under him, shall take the lot or lots so sold or foreclosed
,:Pon, subject to all the foregoing restrictions, covenants and condition.
IR YITI:E&q VF[2RPAP, CALOR CONSTRIICTIOS CO., pursuant to n resolution
I of Its Board of Directors duly &rQ legally adopted, has caused these
presents to be signed by Its President and Secretary, and its eoroorate
seal to be heremto affixed this 7th day of September A.D., 1950.
• CALO OCTIO C¢ -tt V
BY w �`
(SEAL) r'
The San Francisco Corporation, a California corporation, does hereby
consent to and join in the execution of the within Declaration of
=: 'WOnw4� me MCISCO CORPORATION
v,'��'ayigr l ident/
Assistant ecretary '
J
catroaau rx�<nave tveaxea w. r a rmr rt_mxa rose gun.
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EVPWt. :l t# _ "��4M11�1"...s• .." L§ .,rT '
STATE
COOMTE Ol SAlffi�GLS1tA - 4.
i ThonaMA �daa J r
Public SO ae3Ss.-ssw:.'CS3'Cs'i-9�a 4 of f 3 .•
� residing Sbaraln, Coil eeaedvSor�eitPym bwraooal3j! �coael $t1P - `�
W. YAaia and 1. 2ffslfeitL`53b �^JRs�CReis9ri�4,1fC
Assistant gsoretar7 of .Ae.'Sdrv-atla�tEtaat executed the within -. A
instrument and the officetv-Aso l fbe n+ithin !_rtr+s•-rt, on
behalf or the Corporation thejaih nhrar yajW askxn4odlsd,tp w that =.
such Corporationre azaeetedtblt;.gWa - ;,.� - �`
In Vitness fteCfa -r aam4o� awt !t7 hate a-a- !• t }
Eep.l, the day and nar iql 4 r19s -:;1:`!t 4i COY
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r �.tG tV'ls.T
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MODIFICATION OF RESTRICTIONS
WHEREAS, CALOR CONSTRUCTION CO. , a California corpor-
ation, filed` for record in the office of the Recorder of the
County of Santa Clara , State cf California , on September 8 ,
1950 in Volume 2049 of official Records , at page 637 , a De-
claration of Restrictions affecting lets therein described
and shown upon that certain Map entitled , "Tract No. 783
Garden Gate Village Addition" , which Map was filed for record
in the office of the Recorder of the County of Santa Clara,
State of California, on September 6 , 1950 in Book 30 of Maps ,
at pages 30 , 31 , 32 and 33 .
WHEREAS , the undersignec are the ex,•ners of all the Lots
in said Tract iio. 783 , and
WHEREAS , it is the desire of the undersicned that Para-
graph 4 of said restrictions be modified as to Lot 2 of said
tract only,
NOW THEREFORE , under the provisions of the said Declaration
the undersigned do hereby declare that said Declaration here-
inabove referred to is hereby modified to read as follows for
Lot 2 only:
Paragraph 4 . That no residential structure shall be
erected or placed on anv building lot which lot has an area of
less than eight thousand square feet (8000) or a width of less
than seventy feet (70) at the front building setback line , ex-
cept that a dwelling may be erected or placed on any original
( lot as shown on the recorded plat .
IN WITNESS WHEREOF, CALOR CONSTRUCTION CO. , pursuant to
a resolution of its Board of Directors , duly and legally
adopted, has caused these presents to be signed by its Presi-
dent and Secretary, and its corporate seal to be hereunder
affixed this 24th day of October A. D. 1950 .
CALOR CONSTRUCTION CO.
BY President
BY
Ass ' t. Secretary
The San Francisco Corporation , a California corporation, does
hereby consent to and join in the execution of the within modi-
fication of Restrictions .
THE SAN FRANCISCO CORPORATION
BY
President
t BY
Ass t. Secretary
STATE OF CALIFOItNIA )
COUNTY OF SANTA CLARA) ssOn this 7th day of September in the
year One Thousand Nine Hundred and Fifty, before me, R.
Simoni , a Notary Public in and for the County of Santa Clara,
State of California, residing therein, duly commissioned and
sworn, personally appeared Otis W. Vowels and John W. Baker,
known to me to be the President and Assistant Secretary of
the corporation that executed the within instrument and the
officers who executed the within instrument on behalf of the
Corporation therein named, and acknowledged to me that such
Corporation executed the same.
In Witness Whereof, I have hereunto set my hand and affixed
my Official Seal, the day and year in this certificate first
above written.
Notary Public
In and for said County of
Santa Clara, State of California.
t
IN WITNESS WHEREOF, CALOR CONSTRUCTION CO. , pursuant to a
resolution of its Board of Directors , duly and legally adopted ,
has caused these presents to be signed by its President and
Secretary, and its corporate seal to he hereunto affixed this
7th day of September A.D. , 1950 .
C11IAR CONSTRUCTION CO.
(SEAL) BY OTIS W. VOWELS (signed)
BY JOHN W. BAKER (signed)
The San Francisco Corporation, a California corporation, does
hereby consent to and join in the execution of the within
Declaration of Tzestrictions .
THE SAN FRANCISCO CORPORATION
BY President
BY
Assistant Secretary
RECORDED: September 8 , 1950 (Recorder's Serial Number 662131)
in Book 2049 Official Records , page 637,
Santa Clara County Records.
1 1 `-1 '.
MODIFICATION OF RESTRICTIONS
WHEREAS , CALOR CONSTRUCTION CO. , a California corpor-
ation, filed, for record in the office of the Recorder of the
County of Santa Clara, State of California, on September 8 ,
1950 in Volume 2049 of Official Records , at page 637 , a De-
claration of Restrictions affecting lots therein described
and shown upon that certain Map entitled, "Tract No. 783
Garden Gate Village Addition" , which Map was filed for record
in the office of the Recorder of the County of Santa Clara,
State of California, on September 6 , 1950 in Book 30 of Maps ,
at pages 30 , 31 , 32 and 33 .
WHEREAS , the undersigned are the owners of all the Lots
in said Tract No. 783 , and
WHEREAS , it is the desire of the undersigned that Para-
graph 4 of said restrictions be modified as to Lot 2 of said
tract only,
NOW THEREFORE , under the provisions of the said Declaration
the undersigned do hereby declare that said Declaration here-
inabove referred to is hereby modified to read as follows for
Lot 2 only:
Paragraph 4 . That no residential structure shall be
erected or placed on any building lot which lot has an area of
less than eight thousand square feet (8000) or a width of less
than seventy feet (70) at the front building setback line, ex-
cept that a dwelling may be erected or placed on any original
lot as shown on the recorded plat.
IN WITNESS WHEREOF, CALOR CONSTRUCTION CO. , pursuant to
a resolution of its Board of Directors , duly and legally
adopted, has caused these presents to be signed by its Presi-
dent and Secretary, and its corporate seal to be hereunder
affixed this 24th day of October A. D. 1950 .
CALOR CONSTRUCTION CO.
BY President
BY
Ass 't. Secretary
The San Francisco Corporation, a California corporation, does
hereby consent to and join in the execution of the within Modi-
fication of Restrictions .
THE SAN FRANCISCO CORPORATION
BY
President
BY
Ass t. Secretary
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA) ss On this 7th day of September in the
year One Thousand Nine Hundred and Fifty, before me, R.
Simoni, a Notary Public in and for the County of Santa Clara,
State of California, residing therein, duly commissioned and
sworn, personally appeared Otis W. Vowels and John W. Baker ,
known to me to be the President and Assistant Secretary of
the corporation that executed the within instrument and the
officers who executed the within instrument on behalf of the
Corporation therein named , and acknowledged to me that such
Corporation executed the same.
In Witness Whereof, I have hereunto set my hand and affixed
my Official Seal, the day and year in this certificate first
above written.
Notary Public
In and for said County of
Santa Clara, State of California.
IN WITNESS WHEREOF, CALOR CONSTRUCTION CO. , pursuant to a
resolution of its Board of Directors , duly and legally adopted ,
has caused these presents to be signed by its President and
Secretary, and its corporate seal to be hereunto affixed this
7th day of September A.D. , 1950 .
CALOR CONSTRUCTION CO.
(SEAL) BY OTIS W. VOWELS (signed)
BY JOHN W. BAKER (signed)
The San Francisco Corporation, a California corporation, does
hereby consent to and join in the execution of the within
Declaration of Restrictions .
THE SAN FRANCISCO CORPORATION
BY President
BY
Assistant Secretary
RECORDED: September 8 , 1950 (Recorder's Serial Number 662131)
in Book 2049 Official Records , page 637 ,
Santa Clara County Records .
_�- lr'as DPI' dv.
E=2101 w146 MODIFICATION OF EESTRICTIONS
WHEREAS, CALOR CONSTRUCTION Co., a California corpporation# ,
filed for record 10 the office of the Recorder of the county of
Santa Clara, State of California, on September a 1950 in Volume
2049 of Official Records, at page637, a Declaration of Raatrle6loos
affecting lots therein described and shown upon that certain Yap en-
titled, "Tract No.783 Garden Cate Village Addition"/ which Nap Was
filed for record in the office of the Recorder of this County of
Santa Clara, State of California, on September 6, 1930 in Book 30
of laps, at pages 30, 31, 32 and 33.
i
16HEREAS, the undersigned are the owners of all the Lots to said ,I
Tract No.783, and
I,HEREAS, It Is the desire of the undersigned that Paragraph J.
of said restrictions be modified as to Lot 2 of said tract only,
NOW TRFREFORE, under the provisions of the said Declaration the 1 ,
undersigned do hereby declare that said Declaration hereinabove re- i
ferred to is hereby modified to read as follows for Lot 2 only,
Paragraph A. That no residential structure shall be erected
or placed on any building lot which lot has an area of less than
eight thousand square (8000) or a width of less than seventy feet
(70) at the front building setback line, except that a dwelling may
be erected or placed on any original lot as shown on the recorded plat -
Y
1N %3TNFSS %}lFREOF, CALOR CONSTRUCTION CO_._ pursuant to a re- Y
solution of Its Board of Directors, duly and legally adovted, has
caused these presents to be signed by its President and Secretary,
Oand Its car
ctober A� CPal to be hereunder affixed this 24th day of
r''� CA
'y�'f
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B
^,ic+ President
BY '! 7J7i-..w�c
Q....000. 'i Assft.Secretary ..
The San.Fr bal'IC6-Corporatlon, a California corporation, does hereby
conseq tW&N.',/oin in the execution of the within Modification of
RestrfotTpd;�r.'�.
•'r FRANCISCO COkPuRATIUh
� President T !�
' -
STATE.OF'dg'tjr{+nn1A )SS As sit. ecreta ry
i
COUNTY OF SA TA CLARA) On this 24day c October In the year one
Thousand in Hundred and Fifty, before me, S.T.PFREIRA a Notary
Public in and for the County of Santa Clara, State of California, re-
siding therein, duly commissioned and sworn, personally appeared
Otis W. Vowels andPeggy Yonroq known to me to be the President and
Assistant Secretary of the corporation that executed the within in-
strument and the officers who executed the withln instrument on be-
half of the Corporation therein named, and acknowledged to me that
such Corporation executed the same.
It,' 'a1TNESS 6HERFOF, I have hereunto set my hand and affixed my
Official Seal, the day and year in this certificate first above
written.
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rn' rvr said County of Santa
Clara, =Mate of California
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