03-078 Lot Line Adjustment, 22291 Janice Avenueb~ ~
~3'
AGREEMENT
22291 Janine Avenue
APN 357-01-017 & 018
This AGREEMENT made and entered into this'' day of~U-~-~., 2003, by and between
the CITY OF CUPERTINO, a municipal corporation of the State oI- California, hereinafter
designated as CITY, and Roger Low and Jing-Lind Low, husband and wife, as joint tenants
as to an undivided 1/3 interest, and Sherman 7'uan and Yun Zheng, husband and wife, as
joint tenants as to an undivided 1/3 interest, ar~d Sheng Hwa Ho and Wei Tai-Fen Ho,
husband and wife, as joint tenants as to an undivided 1/3 interest, as tenants in common,
hereinafter designated as DEVELOPER.
WITNE'SSETH
WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A
BUILDING PERMIT to construct an three single family dwellings hereinafter referred to as
"Project".
WHEREAS, CITY hereby approves the improvement plans and specifications prepared for
the Project by Edward Hahamian, R.C.E., a truf; copy of which improvement plans and
specifications are on file in the office of the City Engineer of Cupertino; and
full;
WHEREAS, the same are incorporated herein by reference, the same as though set out in
NOW, THEREFORE, said improvement plans and specifications shall be hereinafter
called the "Plans", and the work to be done under the Plans shall be called the "Work".
Page 1 of 10
File No.: 52,355
WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the
amounts of Bonds, Fees, and Deposits as set forth in the following schedule:
SCHEDULE OF BONDS. FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: $95,000
110-2211
PART B. Labor and Material Bond: $95,000
110-2211
PART C. Checking and Inspection Fee: $4,290
PART D. Development Maintenance Deposit: $1,000
110-2211
PART E. Storm Drainage Fee: Basin 2 $1012.80
Account #: 215-4072
PART F. One Year Power Cost: $75.00
110-4537
PART G. Street Trees By Developer
PART H. Map Checking Fee: N/A
PART I. Park Fee: ZONE II $31,500
ACCT #: 280-4082
PART J. Water Main Reimbursement Fee: N/A
110-4554
PART K. Maps and/or Improvement Plans By Developer
As Specified in Item #21
Page 2 of 10
File No.: 52,355
NOW, THEREFORE, IT IS HEREBY MU"CUALLY AGREED by and between the parties
hereto as follows, TO WIT:
1. DEDICATION
A. The DEVELOPER offers to dedicate; the real property shown on Exhibit "A",
which is attached hereto and made a part hereof by reference. Said dedicated property shall
be free and clear of all liens or encumbrance;s except those which the CITY shall waive in
writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said
offer open until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT the DEVELOPER agrees to deliver a
properly executed grant deed to the CITY o:E the real property described in Exhibit "A", and
such other executed conveyances, or instruments necessary to convey clear title as herein
required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense,
to the City:
(1) A preliminary title report iss~zed by a title insurance company relating to the
property offered for dedication.
(2) A standard policy of title ins~.~rance issued by a title insurance company and
insuring the CITY in the surri of: N/A, and which shall show said property
free and clear of all liens or encumbrances except those as the CITY shall
expressly waive in writing; said policy shall be furnished at the time of
acceptance of dedication and recordation of deed.
C. Upon the condition precedent that tree DEVELOPER shall perform each and every
covenant and condition of this AGREEMENT, the CITY agrees to accept said real property
offered for dedication.
2. INSTALLATION OF WORK
It is further agreed that:
A. The DEVELOPER shall install and complete the Work within one (1) year from the
date of execution of this AGREEMENT, or such longer period as may be specifically
authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses
to complete the Work within the specified I~eriod of time, the CITY, at its sole option, shall
be authorized to complete the Work, in whatever manner the CITY shall decide. In the
event the CITY completes the Work, the CITY may recover any and all costs incurred
thereby from the DEVELOPER or the DEVELOPER' S surety or both. No final inspection
shall be granted or street improvements shall not be accepted unless all the requirements
for safety purposes are installed such as sid~:walks, handicap ramps, street lights, etc.
B. The DEVELOPER shall install and complete the Work in a good and workmanlike
manner in accordance with the plans as approved by the City Engineer of Cupertino. The
Page 3 of 10
Work shall be done in accordance with existing ordinances and resolutions of the CITY
and in accordance with all plans, specifications, standards, sizes, lines, and grades
approved by the City Engineer. The Work :;hall be done in accordance with all State and
County Statutes applicable hereto. The decision of the City Engineer shall be final as to
whether any material or workmanship meet; the standards, specifications, plans, sizes lines
and grades as set forth.
C. It is further agreed that the Work shall be done in accordance with the most current
Standard Specifications of the Department of Public Works, California Department of
Transportation, State of California, and in a~~cordance with the specifications of the
Cupertino Sanitary District where applicable.
Wherever the words "State" or "California Division of Highways" are mentioned in the
State Specifications, it shall be considered as referring to the CITY of Cupertino; also
wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered
as referring to the City Engineer.
In case of conflict between the State Specifications and the specifications of the CITY,
and/or the Cupertino Sanitary District, the s pecifications of the CITY and/or the Cupertino
Sanitary District shall take precedence over and be used in lieu of such conflicting
portions.
EXCAVATION PERMIT
It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance
No. 130 of the CITY by obtaining an excav~ition permit from the City Engineer before the
commencement of any excavation in, on, or under the surface of any existing public street,
lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall
notify the City Engineer of the exact date and time when the proposed excavation is to
commence.
4. QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all
his rights and interests in, and shall grant to CITY authorization to extract water from the
underground strata lying beneath said projec:t and DEVELOPER agrees to execute a
"Quitclaim Deed and Authorization" in favor of CITY, when presented to them for
signature.
5. BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEr/IENT, the DEVELOPER shall file with the
CITY a faithful performance bond to assure his full and faithful performance of this
AGREEMENT. The penal sum of said fait}ful performance bond shall be the full cost of
any payment to be made under this AGREEMENT, the value of any land agreed to be
Page 4 of ] 0
dedicated, and any improvements are to be made under this AGREEMENT. In the event
that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in
addition to said faithful performance, file with the CITY a labor and materials bond in a
penal sum adequate to assure full payment of all labor and materials required to construct
said improvements. The amount of said bolds shall be as designated by the City Engineer.
Said bonds shall be executed by a surety company authorized to transact a surety business
in the State of California and must be approved by the City Attorney as to form and by the
City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to
perform the covenants and conditions of this AGREEMENT, or to make any payment, or
any dedication of land, or any improvements herein required, the CITY shall call on the
surety to perform this AGREEMENT or otherwise indemnify the CITY for the
DEVELOPER'S failure to so do.
B. In lieu of a faithful performance surf;ty bond, the DEVELOPER may elect to secure
this AGREEMENT by depositing with the I~ITY:
1. Cash; or,
2. A cashier's check, or a certified check payable to the order of the City of
Cupertino; or,
3. A certificate of deposit, or instrument of credit meeting the requirements of
Government Code Section 66499 (b) or (c).
C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall
be as designated by the City Engineer, and shall be the equivalent to that which would have
been required had the DEVELOPER furnished the CITY with a faithful performance surety
bond. In the event that the DEVELOPER s11a11 fail faithfully to perform the covenants and
conditions of this AGREEMENT, or to male any payment, or any dedication of land, or
any improvements herein required, the CITY may apply the proceeds of said security
thereto.
D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be
made except upon approval of the City Council.
Schedule for bond and insur~~nce release for all sureties are as follows:
A. Release of 90 percent of the faithful performance bond
upon acceptance by City Council
B. Release of the remaining 10 percent of the performance
bond at one year from a~;ceptance after all deficiencies have been
corrected and in the abs~:nce of any claim against such bond.
C. Release of tl:~e entire labor and material bond at six months
from acceptance after all deficiencies have been corrected and in the
absence of any claim against such bond.
Page 5 of ] 0
D. Liability insurance, provided by the developer to hold the City
harmless in the event of liability arising from the project, to be retired
at the end of one year if all deficiencies have been corrected and in the
absence of any claim ag~~inst such insurance.
6. CHECKING AND INSPECTION FEE
It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for
inspection, checking, etc., incurred by CITE' in connection with said Project, and that
DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT,
the amount as set forth herein at Page 2 (Part C.). Should construction cost vary materially
from the estimate from which said sum is c~ilculated, the City Engineer shall notify
DEVELOPER of any additional sum due ar~d owing as a result thereof.
7. MAP CHECKING FEE -NOT APPLICABLE
It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of
this AGREEMENT, for office checking of final map and field checking of street
monuments, in compliance with Section 4: l of Ordinance No. 47 (Revised 12/04/61) of
CITY, the amount as set forth herein'at Page 2 (Part H).
8. DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the developer shall I~ay to the City, prior to execution of this
agreement, the amount set forth at page 2 (fart D) as a development maintenance deposit
to insure copies of approved plans are made: for the files of the City in accordance with
Item 21 of this agreement. The balance of the deposit shall be released in conjunction with
the release of the remaining 10% of the on€;inal bond.
9. STORM DRAINAGE FEE
It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution
of this AGREEMENT, a storm drainage ch;~rge in connection with the said Project in
accordance with the requirements establish~;d in Resolution 4422, March 21, 1977, in the
amount as set forth herein at Page 2 (Part E).
10. WATER MAIN EXTENSION DEPOSIT -NOT APPLICABLE
The DEVELOPER further agrees to deposit with the CITY those monies required to
comply with "Policy on Water Main Exten:~ions Work and Deposits" dated 9/30/77. The
deposit shall be held by the CITY until said. monies are needed to implement improvements
outlined by the Director of Public Works or improvements outlined within the adopted
Water Master Plan. The amount shown herein at Part J, Page 2, shall be the full amount
due.
Page 6 of 10
11. ONE YEAR POWER COST
It is further agreed that the DEVELOPER shall pay to the CITY prior to execution of this
AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
12. THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the
City Engineer, plant street trees in conformance with the standards of the City of
Cupertino. Variety of tree shall be selected from the City approved list.
13. PARK FEES
It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to
the CITY, prior to execution, as is required within Section 18-1.602 Park Land Dedication,
Cupertino Municipal Code, and which is further stipulated under Part I, Page 2 herein. Fees
are also in accordance with action adopted by the City Council on March 19, 1991 and
Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
14. MAINTENANCE OF WORK
It is further agreed that the DEVELOPER sl-all maintain the Work until all deficiencies in
the Work are corrected to conform to the Pl:ins and the City Standards and Specifications
for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or
replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of
said CITY, all defects and imperfections ari;~ing out of or due to faulty workmanship and/or
materials appearing in said Work.
15. SANITARY DISTRICT
It is further agreed that the DEVELOPER shall file with CITY, upon execution of this
AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER
has submitted plans for review by the Distri~~t and that sanitary sewers are available to
serve all lots within said Project.
16. GOVERNMENT CODE
It is further agreed that DEVELOPER shall file with CITY, upon execution of this
AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter
4 of the Government Code, pertaining to special assessments or bonds, have been complied
with.
Page 7 ~~f 10
17. PACIFIC GAS AND ELECTRIC/PACIFIC F3ELL
It is further agreed that the DEVELOPER shell pay to Pacific Gas and Electric Company
and/or to PACIFIC BELL Company any and all fees required for installation of overhead
and/or underground wiring circuits to all electroliers within said property and any and all
fees required for undergrounding as provided in Ordinance No. 331 of CITY when are
notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Bell Company that said fees are due and payable.
18. EASEMENTS AND RIGHT-OF-WAY
It is further agreed that any easement and right-of--way necessary for completion of the
Project shall be acquired by the DEVELOPER at his own cost and expense.
It is provided, however, that in the event eminent domain proceedings are required the
CITY for the purpose of securing said easement and right-of--way, that the DEVELOPER
shall deposit with CITY a sum covering the reasonable market value of the land proposed
to be taken and to be included in said sum shall be a reasonable allowance for severance
damages, if any. It is further provided that: in addition thereto, such sums as may be
required for legal fees and costs, engineering, and other incidental costs in such
reasonable amounts as the CITY may require shall be deposited with the City of
Cupertino.
19. HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work by the
DEVELOPER or his contractor and continuing until the completion of the maintenance of
the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from
and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned
by or in any way whatsoever arising out of the performance or nonperformance of the
Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S
agents, employees and independent contractors, except to the extent any of the foregoing is
caused by the negligence or willful misconduct of the CITY or the CITY's agents,
employees and independent contractors.
20. INSURANCE
It is further agreed that: The DEVELOPER shall take out, or shall require any contractor
engaged to perform the work to take out, and maintain at all times during the performance
and maintenance of the work called for or required to be done hereunder, a policy of
insurance naming the CITY and members of the City Council of the City of Cupertino
individually and collectively, and the officers, agents and employees of the CITY
individually and collectively, as insured. S~iid separate policy shall provide bodily injury
and property damage coverage to the foregoing named CITY and individuals covering all
the Work performed by, for, or on behalf of'said DEVELOPER. Both bodily injury and
Page 8 of 10
property damage insurance must be on an o~~currence basis; and said policy or policies shall
provide that the coverage afforded thereby ;hall be primary coverage to the full limit of
liability stated in the declarations, and if the city, its members of the City Council
individually and collectively, and the officers, agents, and employees of the CITY,
individually and collectively, have other insurance against the loss covered by said policy
or policies, that other insurance shall not be called upon to cover a loss under said
additional policy.
The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum
of "Best A-7" in accordance with ABAG policies.
A. Each of said policies of insurance shall provide coverage in the following minimum
amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property
damage, $50,000 on account of any one occurrence with an aggregate limit of not less than
$200,000.
B. The DEVELOPER shall file with th~~ City Engineer at or prior to the time of
execution of this AGREEMENT by the DEVELOPER such evidence of said
foregoing policy or policies of insur;~nce as shall be satisfactory to said City
Engineer. Each such policy or policies shall bear an endorsement precluding the
cancellation or reduction in coverage; without giving the City Engineer at least ten
(10) days advance notice thereof. Tlie CITY shall be shown as additionally insured
on a separate "Additional Insured O~nmers, Lessees or Contractors" (Form A) or
(Form B) Endorsement provided along with the evidence of said foregoing policy
of policies of Insurance.
C. In the event that the Project covered herein should be mutually situated in or affect
the area of jurisdiction of a separate municipality or political subdivision of the
State of California, the policies of insurance required herein and above shall co-
name such municipality or political :subdivision and the provision set forth herein
and above for the protection of the CITY shall equally apply to municipality and
political subdivision.
21. MAPS AND/OR IMPROVEMENT PLAN~>
It is further agreed that the CITY shall obtain the following map and/or plans at the
DEVELOPER'S expense:
A. A mylar blackline and five (4~) prints of fully executed parcel map.
B. A mylar blackline and twelve (12) prints of fully executed improvement
plans.
D. A scan in raster format of all execut~;d improvement plans and map.
Page 9 of 10
The DEVELOPER agrees to pay the CITY :From the development maintenance deposit the
cost for all prints of plans and map required under Item 21.
22. SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of the DEVELOPER. The assignment of this AGREEMENT shall not be
made without approval by the City Council of the City of Cupertino.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor
and City Clerk, thereunto duly authorized by resolution of the City Council and said
DEVELOPER has hereunto caused their names to be affixed the day and year first above written.
Approved as to form:
ity Attorn
DEVELOPER:
Yun eng
~~
rj y ~~ cu-----y ~--
Sheng Hwa Ho
,~- ~~'
ei Tai-Fen Ho
Notary Acknowledgment Required
Exhibit A Attached
TY OF CUPER'
C
Mayor
City C rk
DEVELOPER:
~~ 1~~~
~~ Roger ow
1~
~g- ing ow
~ •~ _ _ .
+, ~,, L'~1.~ c,w ,-----z,--~
Sherman Tuan
Page 10 of 10
STATE OF California
COUNTY OF Santa Clara
On July 17, 2003 before me, Joan Lamborn, Notary Public
(Name, Title of Officer)
personally appeared Yun Zheng and Sherman Tuan and Danny Lee
personally known to me (or proved to me on the k~asis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacitylies), and that by his/her/their signaturels) on the
instrument the person(sl, or the entity upon bekialf of which the person(s) acted, executed the
instrument.
WITNESS n nd official seal.
JOAN LAMBORN
Commission # 1383505
z V ~~ •;' Notary Public -California D
Z : ..J
(Sign ure of No ry Public) Santa Clara County
My Comm, Expires Nov 13, 2006
(This area for notarial seal)
STATE OF California
COUNTY OF Santa Clara
On July 25, 2003 before me, L. Fredericks
(Name, Title of Officer)
personally appeared Roger Low and Jing-Ling Low
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacii:y(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
L.6=F'~JI=KICKS ~
~~ ~)P„1Pv~. 1282,52
:~
.~ LlL ~. IH
' ~ v'~ ate. ~1~ 4
(This area for notarial seal)
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
I~~i~~~~~!~~i~~~
Titles 1 /Pages 20
Fees.... No Fees
Taxes...
Copies.. ~--
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Fidelity National Title Ins.
RDE # 009
3/07/2003
800 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
LOT LINE ADJUSTMENT, ROGER LO`N AND JING-LING LOW, HUSBAND
AND WIFE, AS JOINT TENANTS AS TO AN UNDNIDED 1/3 INTEREST, AND
SHERMAN TUAN AND YUN ZHENG, HUSBAND AND WIFE, AS JOINT
TENANTS AS TO AN UNDNIDED 1/3 II~fTEREST, AND SHENG HWA HO AND
WEI TAI-FEN HO, HUSBAND AND W ~'E, AS JOINT TENANTS AS TO AN
UNDNIDED 1/3 INTEREST, AS TENANT'S IN COMMON (PARCELS 1, 2 AND 3)
22291 AND 22311 JANICE AVENUE, APNS 357-01-017 AND 357-01-018
Original
~ ~ For Fast Endorsement
LOT LINE AD.]~USTMENT
Property Owner: Roger Low and Jing-Ling Low, husband and wife, as joint tenants as to an
undivided 1/3 interest, and Sherman Tuan and Yun Zheng, husband and
wife, as joint tenants as to an undivided 1/3 interest, and Sheng Hwa Ho
and Wei Tai-Fen Ho, husband and wife, as joint tenants as to an undivided
1/3 interest, as tenants in common (Parcels 1, 2 and 3), 22291 and 22311
Janice Avenue, APNs 357-01-017 and 357-O1-018
ACTION BY THE CITY ENGINEER APPROVIrTG A LOT LINE ADJUSTMENT BETWEEN
TWO OR MORE ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF 'THE CITY OF CUPERTINO:
A request for a lot line adjustment between Parcels 1, 2 and 3, as designated on the attached
plat and descriptions marked Exhibits "A" and "B", and attached hereto, has been submitted by the
record owners of the above properties (as shown in Exhibit "C", attached) of the City of Cupertino
with the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a
greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.OlOH of the
City of Cupertino Municipal Code and Section #66~412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is
not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that
any change in title interest of ownership (including lien holder interest) from the specified on the
preliminary title report designated on Exhibit "B" anti attached hereto, occurs prior to the recordation
of the grant deed conveying the real property in conformity to Exhibit "A".
Approved this 5`h day of February , 2003.
RALPH A. QUALLS, JR.
CITY EI\fGINEER
CITY OF' CUPERTINO
C.E. # 22046 _
e, u cc ur
EXHIBIT A
E,X I ST I NG Pl~~-RCEL GNE
The Westerly 80 ft, front and rear measurments of lots 57 and 67,
as shown on that certain Map entitled, "Map of Inspiration Point,
Monta Vista", which Map was filed for record in the Office of the
Recorder of the County of Santa Clara, State of California on
April 17~, 1917 in Book "P" of Maps, at Page(s) 18.
l~~ ~~ ~~ N~,y~
a~ ;i
w~. '"' 410. G13316
~ ~~~ tiz~ r
of
EXHIBIT A
EXISTING P~9-RCEL TWQ
All of Lot 66, as shown on that certain Map entitled, "Map of
Inspiration Point-Monts Vista", which Map was filed for record in
the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Hook "P" of Maps at Page(s) 18.
~~~ ~~ ~~
a ~n ~
~~
:~
~r~ ~?v. C793i8 ~ ~
~xp• 3-31-
%~'- x,.111_ ..Q
~' C
EXHIBIT A
EXISTING PAI~.CEL THREE
All of Lot 58, as shown on that certain Map entitled, "Map of
Inspiration Point - Monta Vista", which Map was filed for record
in the Office of the Recorder of the County of Santa Clara, State
of California, on April 11, 1917 in Book "P" of Maps, at Page(s)
18.
'? r.~ s
sf 4•.: ~~. Ct3318~
~~ ~: 3-3` ~
4 Iv
PROPOSED P~~RCEL 1
EXHIBIT "A"-DF;SCRIPTION
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the easterly
60 feet of the westerly 80 feet of Lots 57 and 67 of "Map of
Inspiration Point, Monta Vista", filed on April 17, 1917 in Book
"P" of Maps at Page 18, Santa Clara County Records, described as
follows:
Beginning at a point on the northerly line of Janice Avenue,
distant thereon N89°51'47"E 20.00 feet from the southwest corner
of said Lot 67;
Thence parallel wth the westerly line of Lots 57 and 67,
NO°16'40"E 200.24 feet to the northerly line of Lot 57;
Thence along said line N89°51'47"E 60.10 feet;
Thence parallel with the centerline of Carmen Road, SO°16'17'W
200.24 feet to the northerly line of Janice Avenue;
Thence along said line S89°51'47"W 60.12 feet to the point of
beginning.
Containing 12,035.9 square feet or 0.2758 an acre, more or less.
Refer to EXHIBIT "B",Plat, which is :hereby made a part of this
description.
Date: Oct. 21, 2002
APN: 357-01-17 (portion)
a ~
W 4~0. c~3s~a:
l Ex P: 3-31-~5
C1Y~
.....,..
cf c~
PRQP4SED PP.-RCEL 2
EXHIBIT "A"- D]ESCRIPTI~N
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the easterly 40
feet of Lots 58 and 66 and the westerly 20 feet of Lots 57 and 67
of "Map of Inspiration Heights, Monte Vista", filed on April 17,
1917 in Book "P" of Maps at Page 18, Santa Clara County Records,
described as follows:
Beginning at a point on the northerl:~ line of Janice Avenue,
distance thereon N89°51'47"E 20.00 f.=et from the southwest corner
of Lot 67;
Thence parallel with the westerly li~Ze of Lots 58 and 66,
NO°16'40"E 200.24 feet to the northerly line of said Lot 57;
Thence along said line and the north~:rly line of Lot 57 and 58,
S89°51'47"W 60.00 feet;
Thence parallel with said westerly of Lots 57 and 67, SO°16'40"W
200.24 feet to the northerly line of Janice Avenue;
Thence along said line, N89°51'47"E 150.00 feet to the point of
beginning.
Containing 12,014.1 square feet or 0.2758 of an acre, more or
less.
Refer to EXHIBIT "B", Plat, which is hereby made a part of this
description.
Date: Oct. 21, 2002
APN: 357-01-17 (portion)
357-10-18 (portion) '
~r 4 ~. Nay ~~
rp
w quo. 613318
Gf
PROPOSED PARCEL 3
EXHIBIT "A"-DESCRIPTION
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the westerly 60
feet of Lots 58 and 66 of "Map of Inspiration Point, Monta
Vista", filed on April 17, 1917 in Book "P" of Maps at Page 18,
Santa Clara County Records, described as follows:
Beginning at the southwesterly corner of said Lot 66 on the
northerly line of Janice Avenue;
Thence along the westerly line of said Lots 58 and 66, NO°16'40'E
200.24 feet to the northwest corner of said lot 58;
Thence along the northerly line thereof, N89°51'47"E 60.00 feet;
Thence parallel with said westerly line of Lots 58 and 66,
SO°16'40"W 200.24 ft to the northerly line of Janice Avenue;
Thence along said line, S89°51'47"W 60.00 feet to the point of
beginning.
Containing 12,014.1 square feet of 0.2758 of an acre, more or
less.
Refer to EXHIBIT "B", Plat, which is hereby made a part of this
description.
Date: Oct. 21, 2002
APN: 357-01-18 (portion)
N ~ 9' 5l' t~7" E
~-
Q
N
;~
.~
b
e
- ~-~ - E~CiST • ~o~ Line
-- -('r~roSeUl LUf
l.. n e•
~.._, E~is~'. Lot -Jur~-ber
Ens s~ b~c~(d~n9 ~
to be rerno~ed
64•DO C~0.4p ~ `~ 6p.~o '
~X15T, P~:L. 3
~ N ~
;... ~ N ~ N M.; -,
~ ~ ~~ PTN
J
~
~ J
~.,.......
~
v ~
o -- -
~
~ ~ w ~
~
~ J ¢
5 Q ~
~
-5
. ~ I L1/ ~ • ~.U
1 1-
~ ~
Q. ~~
~ PTN
I
~ .I
~~ci5t. PCI. 2 ~I
600® ~o. 00
_ a ~l $ 9°51'7"F
N
PaB ~c~ I-1 ~ I J'~~ NI cE AVM
_..~:! =
I$v. i2
N Q
O
N ~-
~. 1
~~
v
2~4 •~4-
r- -~~~ --
P4B PCB 2~3
~~ ~~
~~,&. Iqy,~ I
~~
~:,~~9 '#.. ~~; P~. AT 0~ LOT LIME AD1uSTM~NT
~~ '~ ~ ~ LU T5 5 $ ~ ~~~ ~ p0 f~-f I Cl N S O ~ LO TS S~ & 6~
~, w tic. C1331S~
' Exp: 3-31-4 Q~,~ Map o~ ~IVs~iRA~T-o~ HEIGHTS -,
ti •,
,.~ ~ ~ . ,
_~_-~_~-~ 5A ~l TA CL A ~ZA C a u N 7 ~ 12 ~a R r~ s
CITY aF CCJ(~ERT[N0, CAL1~'OIZI~IIA
SCALE: I''= 40~ Q~T2L_,2oo2
EXHIBIT C
Fidelity National Titae Company
10300 South DeAnza Blvd., #~~ • Cupertino, CA 95014-3010
(408) 996-7177 • f~AX (408) 252-8029
PRELIMINARY REPORT
ESCROW OFFICER: Lori/Ifredericks@fnf.com ORDER NO.: 4011229
TITLE OFFICER: Amy Rubino
LOAN NO.:
T0: CUPERTINO CONSTRUCTION
10079 SAICH WAY
CUPERTINO, CA 95014
ATTN: TERESA WANG
SHORT TERM RATE: yes
PROPERTY ADDRESS: 22291 ~ANICE AVENUE, Cupertino, California
EFFECTIVE DATE: September 10, 2002, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
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:
SEE EXHIBIT "TWO" ATTACHED HERETO AND MADE A PART HEREOF
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF
CUPERTINO, IN THE COUNTY OF SAf~ITA CLARA, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERE i O AND MADE A PART HEREOF
CC\CC 09/20/2002
1
Order No. 401 1229
EXHIBIT "TWO"
Roger Low and Jing-Ling Low, husband and wife, as joint tenants as to an
undivided 1 /3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as
joint tenants as to an undivided 1 /3 interest, and Sheng Hwa Ho and Wei Tai-Fen
Ho, husband and wife, as joint tenants as to an undivided 1 /3 interest, as tenants in
common
2
Order No. 4011229
EXHIBIT' "ONE"
Parcel One:
The Westerly 80 feet, front and rear measurei~nents of lots 57 and 67, as shown on that
certain Map entitled, "Map of Inspiration Poirn:, Monta Vista", which Map was filed for
record in the Office of the Recorder of the County of Santa Clara, State of California on
April 17, 1917 in Book "P" of Maps, at Page(r) 18.
Parcel Two:
All of Lot 66, as shown on that certain Map entitled, "Map of Inspiration Point-Monta
vista", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California on April 1 1, 1917 in Book "P" of Maps, at Page(s) 18.
Parcel Three:
All of Lot 58, as shown on that certain Map entitled, "Map of Inspiration Point - Monta
Vista", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on April 1 1, 1917 iri Book "P" of Maps, at Page(s) 18.
Assessor's Parcel No: 357-01-017 and 018
Order No. 4011229
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.
2.
3.
4
Property taxes, including any persona'I property taxes and any assessments collected
with taxes, for the fiscal year 2002-2003, Assessor's Parcel Number 357-01-017.
Code Area Number:
1st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
Personal Property:
13 107
5210.81 open
5210.81 open
531,892.00
50.00
S
5
Said matter affects Parcel One
Property taxes, including any personal) property taxes and any assessments collected
with taxes, for the fiscal year 2002-2003, Assessor's Parcel Number 357-01-018.
Code Area Number:
1st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
Personal Property:
13 107
5445.62 open
5445.62 open
563,794.00
53,494.00
S
5
Said matter affects Parcels Two and l"hree
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.
A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount: 5910,000.00 -
Dated: August 13, 200:?
Trustor: Roger Low and Jing-Ling Low, husband and wife, as joint tenants
as to an undivided 1 /3 interest, and Sherman Tuan and Yun
Zheng, husband and wife, as joint tenants as to an undivided 1 /3
interest, and Sheng Hwa Ho and Wei Tai-Fen Ho, husband and
wife, as joint tenants as to an undivided 1 /3 interest, as tenants in
common
Trustee: Greater Bay Bancorp
Beneficiary: Cupertino National Bank and Trust
Loan No.: 301099537
Recorded: August 22, 200:?, Instrument No. 16433564, of Official Records
END OF ITEMS
4~
ITEMS: (Continued) Order No. 4011229
Note 1. The only deeds affecting said land, which recorded within twenty-four 124) months of
the date of this report, as are follows:
Grantor: Joanne Holman Stine, Administrator of the Estate of Cristoforo
Ennio Migliori al;;o known as Cristoforo Migliori, Probate Case
Number 109265
Grantee: Roger Low and .ling-Ling Low, husband and wife, as joint tenants
as to an undivid~:d 1 /3 interest, and Sherman Tuan and Yun
Zheng, husband and wife, as joint tenants as to an undivided 1 /3
interest, and ShE~ng Hwa Ho and Wei Tai-Fen Ho, husband and
wife, as joint tenants as to an undivided 1 /3 interest, as tenants in
common
Recorded: August 22, 200:2, Instrument No. 16433563, of Official Records
Note 2. The County of Santa Clara imposes a Monument Preservation fee of 510.00 for the
recording of any Deed with a legal description other than an entire lot as shown on
recorded final map.
Note 3. Your application for title insurance w~is placed by reference to a street address only.
Based on our records, we believe that the description in this report covers the parcel
that you requested.
To prevent errors and to be certain that the proper parcel of land will appear on the
documents and on the policy of title insurance, we require written approval of the
legal description in this report be sent to this Company, signed by the parties to the
transaction.
Note 4. NOTE: The ALTA Homeowner's Policy of Title Insurance (10-17-98) contains specific
deductible amounts and specific liability maximums for Covered Risk numbers 14, 15,
16 and 18 of said policy that have been filed and approved by the various Departments
of Insurance where the forms have been filed. Please consult with your escrow or title
officer if you questions regarding the policy.
Note 5. Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets
the fee for the processing and record~ition of the reconveyance of each Deed of Trust
being paid off through this transaction at 545.00. The reconveyance must be clearly
set forth in the Beneficiary's Payoff Demand Statement ("Demand"1. In addition, an
assignment or authorized release of tFiat fee, from the Beneficiary to the Trustee of
record, must be included.
Note 6. Section 12413.1, California Insurances 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. TF~e law requires that all funds be deposited and
collected by the title entity's escrow rind/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 7. The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of tl~e Company is proper compensation for the
services rendered or the purpose for vvhich 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 that permitted by law.
ITEMS: (Continued)
Order No. 401 1229
Note 8. California Revenue and Taxation Code Section 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 previsions of the law as therein contained.
E~
EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY I6-1-871 EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, coats, attorneys' fees, and
expenses resulting from:
1. Governmental pdice power, and the existence a vitiation of any law or government regulation. Tftis
indudes building and zorvng ordinances eM also laws and regulations concerrwng:
• land use
• imgovementa on the land
• land division
• environmental gotec[ion
Tftie ezdueion does not apply to vitiations or the enforcement of these matters wNch appear in the
pudic records at Pdicy date.
This exdusion dose not limit the zoNrg coverage described in Items 12 end 13 of Covered Title Risks.
2. The right to take the lend by condemNng it, uNess:
• e notice of exerdsing the right appears in [he public records on the Pdicy Date
• the taking happened gior to the Pdicy Date and ie binding on you if you bought the land without
knowledge of the taking
3.Title Risks:
• that are created, ellowed, or agreed to by you
• that ere known to you, but not to us, on the Policy Dale-uNese they appeaed in the public
records
• that result in no lose to you
• that first affect your title aher the Policy Date - tNs does not limit the labor and material lien
coverage in Item 8 of Covered Title Risks
4. Failure to pay vaue for your title.
5. lack of a right:
• to any land outside the area spedficelly described and referred to in Item 3 of Schedule A
or
• in streets, alleys, or Waterways that [ouch your lard
Tfvs exdusion does not limit [he access coverage in Item 5 of Covered Title Risks.
SCHEDULE B
EXCEPTIONS
In addition to the Exduelons, you are not iruerred agelnct lose, costs, attorneys' fees, end the expenses
resultirg from:
1. Any rights, interests, s delms of parties in possession of the land not shown by the public records.
2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item
8 of Covered Title Risks.
3. Any fade about the lard which a correct survey would disdose and which are rwt shown by the public
records. This does no[ limit the forced removel coverage in item 12 of Covered Title Risks.
4. Any water rights or daims or title to water in or under the land, whether a not shown by the public
records.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The fdlowing matters are exgesely exduded from the coverage of this policy end the Company will not
pay loss s damage, costs, attorneys' fees or expenses which wise by reason of:
1. (al Any law, ordinance a governmental regulation (induding but not limited to building and zoning laws,
ordinances, or regdelionsl restricting, regulatirg, gofvbiting or relating (il the occupancy, use, a
enjoyment of the land; (ii) the character, dimenaiorts or location of any imgovement now or hereeher
erected on the land; (in) a separation in ownership or a change in the dimertsiorre or area of the IoM or
any parcel of wftich the land is or was a part; or (iv) environmemel gotection, or the effect of any
videtion of these laws, ordinances or governmentel regulatioro, except to the extent that a ratite of
the enforcement thereof or e notice of a defect, lien or encumbrance resulting from a vitiation or alleged
vitiation affecting the IoM has been recorded in the public records at Date of Pdicy.
(b) Any governmental pdice power not excluded by (a) above, except to the extent that a notice of the
exerdse thereof or a notice of a defect, lien s encumbrarce resulting from a videtion or aleged
videtion effecting the IoM hoe been recorded in the public records at Date of Pdicy.
2. Rights of eminent domain uNese notice of the exerdse thereof has been recorded in the pudic records
at Date of Pdicy, but not excluding from coverage any taking wNch hoe occurred gior to Date of Pdicy
which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbarxxae, adverse chime, s other matters:
(al whether or not recorded in the public records at Dale of Pdicy, but seated, suffered, assumed or
agreed to by the insured delment;
(bl not known to the Company, not recorded in the public records a[ Date of Pdicy, but known to the
insured claimant and rat disclosed in writing to the Company by the insured delmant prix to the date
the insured delmant became an insured under this Pdicy;
Icl resulting in ra lose s damage to the insured delmanC
Id) attacfvng or seated subsequent to Date of Pdicy; s
(e) resulting in lose or damage which would not have been sustained if the insured deimant had paid
vaue for the irwured mortgage or for the estate or interest insured by this Pdicy.
Unenforceability of the lien of tfa insured mortgage because of the inability or feiWre of the insured at
Date of Pdicy, or the inability or failure of any subsequent owner of the indebtedness, to comply with
the applicable ddng business laws of the state in which the IoM is situated.
Invalidity or unenforceabikty of the lien of the insured mortgage, or delm thereof, which arises cut of
the transaction evidenced by the insured mortgage aM is based upon usury or any consumer sedit
gotection s truth in IeMing law.
Any delm, which arises out of the transaction vesting in the insured the estate of interest insured by
this Pdicy s the Vansadion seating the interest of the insured IeMer, by reason of the operation of
federal bankruptcy, state irtsdvency s simile seditors' rights laws.
SCHEDULE. B, PART I
EXCEPTIONS FROM COVERAGE
This Pdicy does not insure against loss or damage (aM the Company will not pay costs, attorneys' fees or expenses) which wise by reason of:
PART 1
1. Taxes s assessments which ore not shown as existing Ilene by the records of any taxing authority that 3. Easements, liars or encumbaraes, or delms thereof, which ore rat shown by the public records.
levies taxes or assessments on real goperty or by the public records. Proceedings by a public agency 4. Disseparaies, conflicts in bouMery lines, shortage in sea, erx~oachmenta, or any other facts which
which may rewlt in taxes or assessments, s noricea of such goceedings, whether or not shown by a correct survey world disdoae, eM which are rat shown by the public records.
the records of such agency s by the public records. 5. lal Unpatented miring delms; (b) reserv atione or exceptions in patents or in Ads eutfxxizing the
2. Any facts, rights, interests or dams which ore not ehovm by the public records but which could be issuance thereof; (cl water rights, claims or title to water, whether s not the matters excepted uMer
ascertained by an inspection of the IoM or which may be asserted by persons in possession thereof. (al, Ibl, s Icl ore shown by the public records.
EXHIIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMEPJT-FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY 110-17-92)
WITH A.L.T.A. ENDORSER9ENT-FORM 1 COVERAGE
EXCLUSIONS FP,OM COVERAGE
The fdlowing mattes ae expresdy excluded from the coverage of this pdicy and the Company wiN not
pay lose « damage, costa, att«roys' fees « expenses which arise by reason of:
1. (al Any law, adinance «governmentd regulation linduding but not limited to building aM zoring laws,
«dinancee, « regulations) restricting, regulating, prohibiting « relating to (il the ocwpancy, use, «
enjoyment of the land; (iil the character, dimensions «location of any improvement now « hereaher
erected on the land; (iii) a separation in ownestup or a change in the dimensions « sea of the IoM «
any parcel of which the land is « wee a part; « (iv) environmentd protection, « the effect of any
vitiation of these laws, «dinances or govenmentd regulations, except to the extent that a notice of
the enf«cement thereof « a notice of a defect, lien « enwmbrance resuhirg from a vidaUOn « dleged
vitiation affecting the IoM has been retailed in the public retails at Date of Pdicy.
(b) Any govenmentd pdicy power not excluded by (al above, except to the extent that a rarice of the
exedse thereof « a notice of a defect, lien « enwmbrance resulting hom a vitiation « dleged
vitiation affecting the IoM has been retailed in the public retails at Date of Pdicy.
2. Rights of eminent domdn uNess notice of [he exedra thereof has been retailed in [he public retails
at Date of Pdicy, but not excluding from cov«age any taking wNch hoe occurred pri« to Date of Pdicy
which would be binding on the rights of a purchaser f« vdue vuithout knowledge.
3. Defects, liens, encumbrances, adv«se ddms, « other matters:
lal «eeted, suffered, assumed « agreed to by the insured ddmant;
(bl not krawn to the Company, not retailed in the public retails at Dete of Pdicy, but known to the
insured ddmant aM rat diadosed in writirg to the Company by the irarured ddmant pri« to the date
the insured ddmant became an insured under this pdicy;
Id resulting in no lose « damage to the insured ddmant;
Idl attaching ««eated subsequent to Date of Pdicy lexcept to the extent that tfvs pdicy insures tfa
pri«ity of the Tien of the insured mortgage over any statut«y lien f« services, labor « meteid « to
the extent insurance ie off«ded herein ae to essesamen[e f« street impovements under cormtrucdon
« completed at Date of Pdicyl; «
(e) resulting in loss « damage which would rat have been sus[dned if the insured ddmant had pdd
vdue f« the insured mortgage.
4. Uronf«ceebility of the lien of the insured mortgage because of the inability «fdlure of the insured at
Date of Pdicy, « the inability «fdlure of any subsequent owrxr of the indebtedness, to comply vvith
applicable ddng badness laws of the state in which the land is situated.
5. Inv didity « uronf«ceebility of the lien of the insured mortgage, «ddm thereof, which arises out of
the transaction evidenced by the insured mortgage and ie based upon usury « any consumer «edit
protedion « truth in lending law.
6. Any statut«y lien f« services, lab« « mateide (« the ddm of pri«ity of any statut«y lien f«
services, lab« « msterids over the lien of the insured mortgage) siting from an improvement « w«k
rdatM to the IoM wNch ie contracted f« and commenced subsequent to Date of Pdicy and is not
financed in while « in Dan by proceeds of the indebtedness secured by the insured mortgage which
at Date of Pdicy the insured has advanced « is obligated to advance.
7. Any ddm, which arises out of the transaction «eating the interest of the mortgagee insured by tNa
pdicy, by reason of the operation of tad«d bankruptcy, state irodvency, « simile «edit«s' rights
laws, that ie based on:
(il the transaction «eating the interest of the insured mortgagee being deemed a fraudulent conveyance
«fraudulent transfer; «
(ii) the pub«dination of the interest of the insured mortgagee ae a result of the application of the
doctrine of equitable sub«dina[ion; «
(iii) the transaction «eating the interest of the insured mortgagee bring deemed a prefeentid transfer
except where the preferentid transfer results from the fdlure:
lal to timely rec«d the instrument of transfer; «
Ibl of such rec«dation to impart notice to a purchaser f« vdue « a judgement «Iien credit«.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND
AMERICAN LAND TITLE ASSOCIATION LIASEHOLD OWNER'S POLICY 110-17-92)
EXCLUSIONS FROM COVERAGE
The fdlowing matters ere expresdy excluded from the coverage of the pdicy end the Company will not
pay loss « damage, costa, att«roys' fees « expenses wftich wise by reason of:
1. lal Any law, «dinance «gov«nmentd regulation (including but rat limited to building and zorvng laws,
«dinences, « regulations) restricting, regulating, prohibiting « rdadrg to (il the occuperaY, use, «
enjoyment of the land; (ii) the character, dimensioro « location of any improvement now « hereaher
erected on the land; (iii) a sepeation in owners)ip « a change in the dimensioro « sea of the land «
any parcel of wfvch the land ie « wm a part; « (iv) environmentd protection, « the effect of any
vitiation of these laws, «dinances « govenmentd regulations, except to the extent that a notice of
the enf«cement thereof « a notice of a defect, lien « encumbrance resulting from a vitiation « dleged
vitiation affecting the land hoe been retailed in the pudic retails a Date of Pdicy.
Ibl Any gov«nmentd pdicy power not excluded by Ia) above, except to the extent that a rotice of the
exedee thereof « a ratite of a defect, lien « encumbrance resuhirg from a vitiation « dleged
vitiation affectng the land has been retailed in the public retails at Date of Pdicy.
2. fights of eminent domdn uNees notice of the exedee thereof has been recorded in the public records
at Date of Pdicy, but not excluding from coverage any taking which has ocwrred pri« to Date of Pdicy
wNch would be binding on the rights of a purchas« f« vdue without knowledge.
3. Defects, liero, encumbrances, adverse ddms, « other matters:
(al «eated, suffered, assumed or agreed to by the insured ddmant;
Ibl not known to the Company, not retailed in the public records at Date of Pdicy, but known to the
insured ddmant aM rat disclosed in writing to the Company by the insured ddmant pri« to the date
the insured ddmant became en irreured under tfJs pdicy;
(cl resulting in no loss « damage to the insured ddmant;
(d) attaching « «eated subsequent to Date of Pdicy, «
(el resulting in loss « damage wNch would not have been sustdned if the insured ddmant had pdd
vdue f« the estate « interest insured by tNs pdicy.
Any ddm, which rises out of the transaction vesting in the insured the estate « interest insured by
the pdicy, by reason of the operation of federd bankruptcy, state insolvency, « dmile «edit«s'
rights laws, that is based on:
li) the transaction «eating the estate « imeest insured by tfvs pdicy bring deemed a fraudulent
conveyance « fraudulent transfer; «
(ii) the varoac[ion «eeting the estate « interest insured by this pdicy bring deemed a prateentid
transfer except where the preferential vanefer results from the fdlure:
(al to timely record the instrument of transfer; «
(bl of such recordation to impart ratite to a purchaser f« vdue « a judgement «Iien credit«.
The above ALTA pdicy fame may be issued to off«d either Standard Coverage « Extended Coverage. In addition to the
above Exdudoro from Coverage, the Exceprioro from Coveagein a Blended Coverage pdicy will tiro include the fdlovving
Generd Exceprione:
EXCEPTIONS FROM COVERAGE
Tfvs pdicy dose not insure sgdrxrt loss « damage (and the Company will not Day costs, ett«roys' fees « experoes) wNch wise by reason of:
1. Taxes « assessments wNch ee not shown ae existing liens 6y the retails of any taxing auth«iry that 3. Eaaemente, liero « encumbrances, « claims thereof, which are rat shown by the public records.
levies taxes « assessments on red property « by the public retails. Proceedings by a public agency 4. pis«epandes, conflicts in bouMey lines, shortage in area, erxaoachmems, « any other facts which
which may result in taxes « essessmente, « notices of such proceedings, whether « not shown by a c«rect survey would diedose, and wfvch ee no[ shown by the public records.
the retails of such agency « by the public retails. 5. (al Unpe[ented miNng ddms; (bl reservations « exceptioro in petenta « in Acts auth«izing the
2. Any facts, rights, interests « dams which se not shown by the public records but which could be issuance thereof; Ic) water rights, ddms « title to water, whether « rat the mattes excepted under
ascertdned by an inspection of the IoM « by making inquiry of persona in possession thereof. (al, Ibl « Icl se shown by the public retails.
EXHIIBIT A
ICONT'INUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE I6-2-98)
ALTA HOMEOWNER'S POLICY C1F TITLE INSURANCE (10-17-98)
EXCLUSIONS
In addition to the Excep[iore in Schedule 6, You are not irx~red against lose, costa, attorneys' fees, and expentes resulting from:
1. Governmental pdice power, and the existence or vitiation of any law a government regulation. This
irx~udes ordinances, laws and regulations concerning:
a, building
b. goring
c. Land use
d. improvements on Land
e. Land division
f. environmental protection
The Exduaion does rat aDMY to vitiations or the enforcement of these matters if notice of the vitiation
or enforcement appears in the Pudic Records at the Pdicy Date.
This Exduaion dose not limit the coverage described in Covered Riak 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with
applicable building codes. Tttia Exduaion does rat apdY to vitiations of building codes if notice of the
vitiation appears in the Public Records at the Pdicy Date.
3. The right to take the Lard by condemrrng it, uNeas:
a. notice of exercising the right appears in the Public Records at the Pdicy Date; a
b. the takirg happened before the Pdicy Date and is binding on You if You bought the Land without
Knowing of the taking.
4. Rieke:
a. that ae created, allowed, a agreed to by Vou, whether or not they appear in the Public Records;
b. that se Known to You at the Pdicy Oete, but not to Us, uNeas they epees in the Public Records
at the Pdicy Date;
c. that result in no lose to You; or
d. that first occur ohs the Pdicy Date -this does not limit the coverage described in Covered Risk
7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Vour Title.
6. Lack of a right:
a. to any Land outside the area specifically described erd referred to in paegraDh 3 of Schedule A;
and
b. in streets, alleys, or waterways that touch the land.
Tltia Exdusion does not limit the coverage described in Covered Risk 11 or 18.
RESIDENTIAL TITLE INSURANCE POLICY
ONE-TO-FOUR FAMILY RESIDENCE
ENHANCED VERSION (1997)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not irtatrred against lose, coats, attorneYS" fees, and expenses resulting from:
1. Governmental edits power, and the existence or vitiation of any law or government regulation. This
irtdudes building and zoring ordinances and also laws and regulations concerting:
a. land use;
b. improvements on the land;
c. land divisions; or
d. environmental protection.
This exdusion dose rat apply to videtiorr or the enforcement of these matters which appes in the public
records at Pdicy Dace.
Tftie exdusion does not limit the coverage described in Rem 12c and~d, 13 end 18 of Covered Title Risks.
2. The right to take the lend by concemring it, uNess:
a. a ratite of exedsing the right sepses in the public records on the Pdicy Date; a
b. the taking happened prior to the Pdicy Date end is binding on you if you bought the land without
knowing of the taking.
3. T'iUe (Yaks:
a. that are created, allowed, or spread to by you;
b. that ae known to you, but not to us, on the Pdicy Date • uNesa they eppesed in the public
records;
c. that result in ra lose to you; a
d. that first affect yotx riUe eke the Pdicy Date -this does not kmit the coverage described in Items
3b, 8, 17 and 19 of Covered Title Risks. _
4. Failure to pay value for your title.
5. lack of a right: (al to any land outside the sea spea'fically described end referred to in hem 3 of
Schedule A or Ibl in streets, dleye, or wateways that touch your land.
This exduaion does not limit the coveage described in Items 5 and 12a of the Cowed Title Risks.
Fidelity National Financial Group ~f Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to
time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Inform~ition about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates, or others;
• From our internet web sites;
• From the public records maintained by governmental entities that we either obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access
or intrusion. We limit access to the Personal Information only [o those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We also may disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party contractors or service providers who provide services or perform marketing or other functions on
our behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you
may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law
to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising
out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, ceiYain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable
fee to cover the costs incurred in responding to such requests. _
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We
apologize for any inconvenience this may cause you.
ur rlvt OF cuunlr na~ea~un SANTA CLARA COUNTY, CALIFORNIA
_~ - --- ~ - 2- 3 9 0 0 N P A G E
~CDMiR.eO IN Oa1i0RNWCe WRII SEG ]21' ~ W
OF n1E RE'/ENUE ~ TA1wTION cox 3 5 7 ~._J
` ErroeTN[onre•IUR6N 1,.1993 BK
ALFRED E. CARLSDN-ASSESSOR INSPIRATION POINT, MONTE VISTA 326 ~
' R. O. S- 469 / 5/ TNRU 59
-"--STEVEN S - - CREEK ~ - BLVD. -~ 93 v4 y .! ^IS~ 93 O
R.O.S. 226-M- 368 ~"' ~ .TRACT N° 5857 \~.~,--„_ ~ ..-_ ~~ ..•---- B ~ ~.j~ ~ r PTN. l0T H^
129.95 is 75 7s sail A I 29 ~~i ~ L - 10 •3~.6+
0 1 1 1 87.15 14 \ I 4 I I7 56 ~- - - - -- - - ~ s9.R
-~ o - ~ I ~ ~ Z o SO 24 rl \~B >~T ~I 3B ~I ,°, 7 I 36.1 4~s ~ 1
m B5 ~ S 1 , Si N o Q N N ~ r, \,s a,l ~: s - O-
~ _ - 90 dd B9 ~~ BB 'i B7 a ~ -L7_~ - ~h 12 • ~ I 35 ~. 1 117.31
1 \ 99p5 0 ~
,~ PCI. I ~ ~^ I i w ~ ~B p139 b f~ 6~ a 36.95 4O I In 41 °r '
_ 99.88 ; 9 ; ' „ 1 \ $ ~. 49 23 NI ^e m ~7 1so.lz ~~_-- 137. n $ B I"= loo
or ~_.: ,~4t -- I L~-_$___ •. m ; iq raee 'j1. ~50 - ~ +- - - - ~2
y2 lzos less zzita R ` 94.53 p q09 45 44 I 43 1
' `Zip ~ 4 ~---- ~~ 163.74 U
97-0! „ ~ 56.95 I ~ 126.64 i~_106. 17 - ~ A•o9 e I ~
PcL.2 N ~ ~ g 3 c.lo ~! 8 n I~ 13 ^ Sq '~' 34 6 m:8 /2 ~ //
~ 33 59 ~ } cB 32 ~~ 2 5 N~ q n' N C 9 N - C
N ~ - ~ f~ ml~ 5/ v ~^, '~ z2 ~I~ ~ . ~ nes ioe.n _ I /O ~ o
d
6K ~ o 0 26 - --'07.40__ R 107.70 L _ 117.59- ~ 6p7 119_28 I _ uyo6 __~- ~ 100.12 I 137.11 I r 1148.75 `
342 I .n _ - -- - --~ °yo ~ -- _ er f---
' ° ,0.,2` 34 0 ~ U °~ I o ~ ~ m ~ 47 Ig 14 : ~ 4 r 33 7 ~ ° ..~BELLEVUE '8 AV.
60 ., R 57 31 l0 26 52 r. ~ ~ 21 °IN ~ R ° 100.09 - r w 76 zzzas
J - ~ h ti N h .~ Q - - i eP 112 , 210.'14
_J - I 107.20 _ R v - a~ - 11 9.41 ^I- - 113 - - -1 e - I ~ 3r,. 119.71 1 I
= e`= 9/ ---- , -----~ o z i N d a° 32 6 I~ P7 ~I se.a~ $o ~ rsc
~ ° 8 - 3s 6/ o & 8 3o I 27 ~3 ~ 8 C ~ ~ Is 4/ o u I- of ° 9_4 , 95
~ N 46 20 0l 100.07
O 139 ~ ~ Q "a ~6 I ~ h ~ • - - -i z '°I 1 ~ sa ~ s7 I ss °' ~ i
~ _.. __. _ - J72O - Z -10720- 10772 -'^ g I -
_~-- 110_15 ~-~-- I 75 I 100.24 J- IA q7„7q -- 9
_ wo a ~ ~ e - --o oo ~ .r no.19 ,... T-----r + X10.:.- ~
~ '+ 60 0 ,- 3 I I 9
°IN r~ 3G 62 $$ Q ~ 55 25n1m28 ~q ,ws. ^~ a-~ 45 19+A~16 912 ~,o -108 _-ll `ro »1 I ~ _m I O
u. I ~ 4 m • ,...'
(n u "' = o I 106.90 -,°~ 1 7 77 58.05 46 S\ \ MO„ ° y6~ ~ 6a9j 1a"-zz3ls- Icy I - R ~
:h PCl 8 t7 / J~ i~% !g ~ 61.63 q~ O 3O q 84.12 g 58 ( 57 y w56 u w
~vsc~TE1~-~,n ~ ro~ RAMONA C.T. ~ 94 / 17 - -T- -+- °: _a--11o.z+ __ ~
r.R~+olm R~ B2 a + ~ -~ ~ a o Yn 109 65 66 67 8 I 68
L~ 75J 37 / ~m zt3s+ PI37I 713sa Zt35 Md FO / 43 H (f7 ~ - _ - N I I ~" ~.
wl PGl A ~ dIPEL ~ ~ 92.19 A291 70 165.74 ',yl 77.53 1Y ~^ ~~ o @~ ~ 78.9 /~. U o ~ P9 3 ~~ ~= /9 I lB I l !~ ~ Ig /D/ ^o U
cAp l ~ ~I ~I NI a/ + '~o z~ 2i:13 n I I \~/ r
~ ~ 84 T ~q I ~I 8B '^~ '° 67.86 I w.t+
.q
I of ~ iN 3 ~ ~ B 9 ~ ~ °I G7 °I 1 I~''Be ~ 6 rtmr~ zzzsr1 Bo
• e $I,. 1 40 `~ v I 4z / rlw S` ~ --A - ... JANICE--y- - R AV. - - - • ---
1 r~!: + BB yl I 70 63.33 69 Nlo ~ 70 n~
..__.--ip~~_...~~,15 I 77. 13 ~ 77 N M
~ w I ~ 2 I 3 I 4 i 5 1 6 ~ 44 Q .. TR. N0. 5550
°' I ~ ,°,~ I I ~i 43 (_ - 11$ ~ ~ MONTEBELLO WEST
45 ~ 79 SI 78 bl 77 $I 76 3~ 1 82_2z J - - ---
I I I ~I 75 uP,i ~ 47 ~ 45 7/ o A NOTE - RAMONA AV. B THOSE PORT/ONS
65.95 I 64.16 43.10 4•, I ~ ~ 1
heat IP46J zzE64 ~ 82•>> j r1 74 °c _ tt5 - r ~ I 2 OF PALO V/STA ROi BfLLEV/EW AV
esr 1 m L3 ~- - Q
RANCHO---VENT~Rq~'J ,v- I :,e Nl,o ~ F EAST AND VENTURA AV WEST WERE
' \ r s,T I m `n ^I~ ~ 72 so N VACATED BY DEED NO. 48/4070 .
9 I
RANCHO 'VENTURA PROS ~I 63.30 °° 4793 3654 66.Og ~ $ ~
TR. N0. 4058 rises zuss '~ J
O ST. " ~aQ
Plp>R F~ORMATiUhI piVF_Y /~iVD
IyAT A rAR'f OF T~ FaULiCY
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Pages 3
Fees.... + No Fees
Taxes...
Copies.. _
AMT PAID
BRE~'DA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 005
3/15/2005
i0~53 AM
,,,,rr .~,
`~ r t.~~
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
CERTIFICATE O F COMPLETION
AI\"D
NOTICE OF ACCEPTAPICE OF COMPLETION
ROGER LOW & JINGLING LW, SHERMAN TUAN & YUN ZHENG, SHENG HWA HO &
WEI-TAI FEN HO, 22279-22299 JANICE AVENUE
Original
D For Fast Endorsement
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF' COMPLETION
AND
NOTICE OF ACCEPTAI\fCE OF COMPLETION
NOTICE IS HEREBY GNEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that certain municipal
improvements in conjunction with the following project:
ROGER LOW & JING-LING LW, SIHERMAN TUAN & YUN ZHENG,
SHENG HWA HO & WEI-TAI FEN ISO, 22279-22299 JANICE AVENUE
have been completed in accordance with the aI-proved improvement plans and acceptance of
completion was ordered by the City Council on Janu~uy 18, 2005.
~--Q C.,~ C.c C,ls
Director of Public Works and
(:ity Engineer of the City of Cupertino
Date: January 20, 2005
`-~Z.~~-
Printed on Recycled Paper
VERIFI(~ATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, the information contained herein is true and
complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 10`'' of March, 2005 at Cupertino, California.
~~~~ ~~~~
Administrative Clerk
City of Cupertino