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Address Lettere roll CITY OF CUPEkTINO :0 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3228 FAX: (408) 777-3333 BUILDING DEPARTMENT OFFICIAL NOTIFICATION OF NEW ADDRESS ASSIGNMENT TO: All Agencies FROM: City of Cupertino DATE: July 07, 2004 RE: Address assignment (APN #316-20-084) Please note the following address assignments. Four new addresses have been assigned to Stevens Creek Blvd. The new addresses are as follows: 19501 Stevens Creek Blvd. Building "B" Retail Suite #101,102,103,104,105,106 19503 Stevens Creek Blvd. Building "B" Condos See attached for suite #'s (3 floors) 19505 Stevens Creek Blvd. Building "A" Retail Suite #101,102,103,104 19507 Stevens Creek Blvd. Building "A" Condos See attached for suite #'s (2 floors) The new addresses will take effect thirty days from the date of this letter. Please refer to the attached sheet for the suite numbers. If you have any questions, please call me at (408)777-3246. Sincerely, Susan Winslow Administrative clerk Printed on Recycled Paper Building B Retail: 19501 Stevens Creek Boulevard i Suite 101_ 102 103 104 105 106 Building B Condo: 19503 Stevens Creek Boulevard Unit .101 201 .301 .102 -202 302 .103 203 303 .105 208 308 .107 209 309 .108 211 311 111 212 312 112 215 317 115 _217 315 117 .218 318 118 219 319 120 220 320 121 •221 .321 •123 223 323 .125 225 .325 126 226 326 127 227 .327 128 228 328 • 129 229 329 130 230 330 131 231 331 •133 233 333 135 .235 335 .136 .236 336 137 237 337 138 238 338 139 239 339 .151 251 351 153 257 357 155 .258 358 157 .259 359 158 .261 159 .263 265 .267 Building A Retail: 19505 Stevens Creek Boulevard Suite 101 102 103 104 Building A Condo: 19507 Stevens Creek Boulevard Unit 101 201 102 202 103 203 105 205 a 0 e p � Ib _, p--- J 650+326+9333 MENLO EQUITIES LLC Menlo Equities JUNA2.9004 2:55PM 9258372543 DAHLIN GROUP CUPEkTINO • 0 DATE: 6-24-a NEW ADDRESS ASSIGNMENT FORM 05:13:53 p.m. 06-22-2004 N0.4076 P. 2/2 Conummity Development Dcperenern City of C%mt1m0 10300 Tom Avenue Telephone: (408) 777.3228 Fm (408) 777-3333 NAME(please print): CNPerflnn Finahc>aj potkf ev< GLC TELEPHONE NUMBER (b"! -a 3 a 6- 93 0 0 AFN; 316 - 2o- 0 8 NEWADDRESS: /9503 S --evens Cre.e,: Boa(evaji,� The new address will be assigned using the following criteria: 1. The new address will not create confusion. 2. The odd/even addressing system will be maintained. 3. The new address will not result in a public safety hazard, 4. PROOF OF OWNERSMP IS REQUIRED. (Ex. property tax bill) The new address will be in effect thirty (30) dans following assignment. aevindIO/16/02 PMW on Rayded ARW 212 Building B Retail: 19501 Stevens Creek Boulevard • Suite 101 102 103 104 105 106 Unit 101 201 301 102 202 302 103 203 303 105 208 308 107 209 309 108 211 311 111 212 312 112 215 317 115 217 315 117 218 318 118 219 319 120 220 320 121 221 321 123 223 323 125 225 325 126 226 326 127 227 327 128 228 328 • 129 229 329 130 230 330 131 231 331 133 233 333 135 235 335 136 236 336 137 237 337 138 238 338 139 239 339 151 251 351 153 257 357 155 258 358 157 259 359 158 261 159 263 265 - 267 Building A Retail: 19505 Stevens Creek Boulevard Suite 101 102 103 104 BuildinE A Condo: 19507 Stevens Creek Boulevard Unit 101 201 • 102 202 103 203 105 205 650+326+9333 MENLO EQUITIES LLC JUN. -22.2004 2:55PM 9258312543 • 10 • X DATE: 6 - 2 `f - 0 Menlo Equities DAHLIN GROUP NEW ADDRESS ASSIGNMENT FORM 05:13:53 p.m. 06-22-2004 N0.4076 P. 2/2 Comm ratty Development Dq=tm= City of 10300 Tame Avenue Telephone-. (408) 777-3228 Fu: (408) 777-3333 NAMS(plemprint):_ Culper4inp Fimetmoal PowA v< L[C TELEPHONE NUMBER: ('CS`O ) 3 z 6- 93 0 0 APN: 316 - 2v- c J-4 NEWADDRESS: l SCS" Siievetis C'reele B3 lde-vctvci The new address will be assigned using the following criteria: 1. The new address will not create confusion. 2. The odd/even addressing system will be maintained 1 The new address will not result in a public safety hazard. 4. PROOF OF OWNERSHIP IS REQUIRED. (Ex. property tax bill) The new will be in effect thirty (30) days following assigncnenL aevleed 10/16/O2 vPoded on ceded Paper 212 Building B Retail: 19501 Stevens Creek Boulevard Suite 101 102 103 104 105 106 Building B Condo: 19503 Stevens Creek Boulevard Unit 101 201 301 102 202 302 103 203 303 105 208 308 107 209 309 108 211 311 111 212 312 112 215 317 115 217 315 117 218 318 118 219 319 120 220 320 121 221 321 123 223 323 125 225 325 126 226 326 127 227 327 128 228 328 • 129 229 329 130 230 330 131 231 331 133 233 333 135 235 335 136 236 336 137 237 337 138 238 338 139 239 339 151 251 351 153 257 357 155 258 358 157 259 359 158 261 159 263 265 267 Buildin A Retail: 19505 Stevens Creek Boulevard_ _ 'Suite 101 102 103 104' Building A Condo: 19507 Stevens Creek Boulevard Unit 101 201 102 202 103 203 105 205 650+326+9333 MENLO EQUITIES LLC JUN.22.2004 2:55PM , CUPEI�TINO- DATE: Menlo Equities 9258372543 DAHLIN GROUP 6-24--0 NEW ADDRESS ASSIGNMENT )FORM 05:13:53 p.m. 06-22-2004 N0.4076 P. 2/2 Comity Development Dgwbneot City of Cwwtfzbo 10300 Tanta Avenue Telephone: (408)777-3228 Pax: (408)777-3333 NAME(please print): Cu r i Finaxclaj RowL[.0 TELEPHONE NUMBER Z& -a 3 2 6- 93 0 0 APN: 3/ 6- 20- OJ -4 NEW 8-4- NEW ADDRESS: l %5 07 S-�evems cvee k Bo wleyaml The new address will be assigned using the following criteria; 1. The new address will not create confusion. 2. The odd/even addressing system will be maintained. 3. The new address will not result in a public safety hazard. 4. PROOF OF OWNERSHIP IS REQUIRED. (Ex. property tax bill) The new address will be in effect thirtv (30) days following assignment. Revised 10/16/02 P6n#aao,1ApocW Akp., 212 m Building B Retail: 19501 Stevens Creek Boulevard Suite 101 102 103 104 105 106 Building B Condo: 19503 Stevens Creek Boulevard Unit 101 201 301 102 202 302 103 203 303 105 208 308 107 209 309 108 211 311 111 212 312 112 215 317 115 217 315 117 218 318 118 219 319 120 220 320 121 221 321 123 223 323 125 225 325 126 226 326 127 227 327 128 228 328 • 129 229 329 130 230 330 131 231 331 133 233 333 135 235 335 136 236 336 137 237 337 138 238 338 139 239 339 151 251 351 153 257 357 155 258 358 157 259 359 158 261 159 263 265 267 Building A Retail: 19505 Stevens Creek Boulevard Suite 101 102 103 104 Unit 101 201 • 102 202 103 203 105 205 F51 Order Number: NCS -33776 -SC Page Number: 1 First American Title 1737 North First Street, Suite 100 San Jose, CA 95112 lane Vaughan Menlo Equites LLC 490 California Avenue 4th Floor Palo Alto, CA 94306 Phone: (650) 326-9300 Escrow Officer: Dian Blair Phone: (408) 451-7800 Owner: CUPERTINO FINANCIAL CENTER PARTNERS, LLC, a 110 California limited liability company Property: 10050 N. Wolfe Rd. Cupertino, California 95014 In response to the above referenced application for a policy of btle insurance, this 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 below 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) 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. First American Title Order Number: NCS -33776 -SC Page Number: 2 Dated as of June 09, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Owners Extended 1992 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: CUPERTINO FINANCIAL CENTER PARTNERS, LLC, a California limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: a fee The Land referred to herein is described as follows: (See attached Legal Description) • At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. EASEMENTS for the purposes stated herein and incidents thereto Purpose : Public utilities Granted to : City of Cupertino Recorded : December 7, 1966 in Book 7582, page 612, Official Records Affects : said land 4. EASEMENT for the purposes stated herein and incidents thereto Purpose : Sewage pipe line or lines Granted to : Cupertino Sanitary District of Santa Clara County Recorded : May 19, 1972 in Book 9842, page 428, Official Records Affects : said land 5. EASEMENTS for the purposes stated herein and incidents thereto Purpose : Underground conduits, pipes, manholes, service boxes, wires, cables, and other • conductors of electricity, etc. Granted to : Pacific Gas and Electric Company Recorded : March 1, 1973 in Book 0259, page 406, Official Records Affects : said land FirstAmerican Title Order Number: NCS -33776 -SC Page Number: 3 . 6. EASEMENT for the purposes stated herein and incidents thereto Purpose : Underground communication facilities Granted to : Pacific Bell Recorded : March 9, 1984 in Book I365, page 426, Official Records Affects : said land THE EFFECT, IF ANY, OF THE FOLLOWING: ASSIGNMENT AND CONSENT TO USE OF DEVELOPMENT RIGHTS on the terms and conditions contained therein, made as of January 21, 1986, by and between Vallco Park, Ltd., et al, recorded January 21, 1986 in Book 3580, page 470, Official Records. ASSIGNMENT AND CONSENT TO USE OF DEVELOPMENT RIGHTS on the terms and conditions contained therein, made as of December 18, 1989, by and between Vallco Park, Ltd. and Tandem Computers Incorporated, recorded December 18, 1989 in Book L199, page 1979, Official Records. ASSIGNMENT AND CONSENT TO USE OF DEVELOPMENT RIGHTS on the terms and conditions contained therein, made as of March 19, 1990, by and between Vallco Park, Ltd. and Tandem Computers Incorporated, recorded March 19, 1990 in Book L292, page 625, Official Records. Reference is hereby made to the record for further particulars. 8. "GRANT OF EASEMENTS" executed by Compaq Computer Corporation, on the terms and • conditions contained therein, Recorded : August 18, 1999, Document No. 14945855, Official Records. Reference is hereby made to the record for further particulars. 9. MATTERS contained in the document entitled, "Assignment of Development Rights" Dated : September 28, 2000 Executed by : Cupertino Financial Center Partners LLC, a California limited liability company, Assignor and Compaq Computer Corporation, a Delaware corporation, Assignee Recorded : September 29, 2000 as Document No. 15406800, Official Records 10. A deed of trust to secure an original indebtedness of $24,000,000.00 recorded December 14, 2002 as Document No. 15494831 of Official Records. Dated : December 11, 2000 Trustor : Cupertino Financial Center Partners LLC, a California Limited Liability Company Trustee : Unionbankcal Mortgage Corporation, a California Corporation Beneficiary : Union Bank of California, N.A. 11. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 12. Rights of parties in possession. • First American Title • Order Number: NCS -33776 -SC Page Number: 4 INFORMATIONAL NOTES 1. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 2. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. 3. SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. 4. General and special taxes and assessments for the fiscal year 2002-2003 First Installment: $159,861.60, PAID Penalty: $0.00 Second Installment: $159,861.60, PAID • Penalty: $0.00 Tax Rate Area: 13 003 A. P. No.: 316-20-084 Short term rate applies. 6. Prior to the issuance of any policy of title insurance, the Company will require: With respect to CUPERTINO FINANCIAL CENTER PARTNERS, LLC, a California limited liability company, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (1-1-C-2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager First American Title Order Number: NCS -33776 -SC Page Number: 5 . if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. LI 11 The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmerican Tithe Order Number: NCS -33776 -SC Page Number: 6 LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: All that certain real property, being a portion of Parcel 1, as shown on that certain Parcel Map filed for record on August 3, 1987 in Book 576 of Maps, at pages 31 and 32, Records of Santa Clara County and being a portion of Parcel 4 as shown on that certain Parcel Map filed for record on June 19, 1973 in Book 325 of Maps, at page 12, Records of Santa Clara County, situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: That portion of said Parcel 1 and that portion of said Parcel 4, lying Westerly of the following described line: Beginning at the Southeast corner of said Parcel 4, said point being on the Northerly right-of-way line of Stevens Creek Boulevard, as shown on said Parcel Map filed in Book 325 of Maps, at page 12; thence Westerly along said Northerly right-of-way and along the Southerly line of said Parcel 4, South 890 36' 00" West 215.00 feet to a point on a line being a parallel with and Westerly 215.00 feet, measured at right angles from the Easterly boundary line of said Parcel 4, said point also being the True Point of Beginning; thence Northerly along said parallel line and its prolongation thereof North 000 24' 00" West 527.78 feet to a point on the Northwesterly line of • said Parcel 1, shown as "N. 880 54' 46" E. 835.00" on said Parcel Map filed in Book 576 of Maps, at pages 31 and 32, distant Westerly 195.49 feet from the Easterly terminus of said Northwesterly line, as measured along said Northwesterly line. U EXCEPTING THEREFROM the underground water with no right of surface entry as granted to California Water Company, by Deed recorded December 7, 1987 in Book K381 of Official Records, page 1279. APN: 316-20-084 ARB: 316-19-034.04, 038.03, 039.08, 036.01, 037 FirstAmerican Title • Order Number: NCS -33776 -SC Page Number: 7 NOTICEI Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. rZ11200Y41 i As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a parry to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. 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 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold 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: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the 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 rase -by -case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812-0651 (916) 845-4900 • First American Title • Order Number: NCS -33776 -SC Page Number: 8 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or • governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. • 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Order Number: NCS -33776 -SC Page Number: 9 • created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following; Part One I. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or • prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Order Number: NCS -33776 -SC Page Number: 10 •' 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE 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 alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or 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. 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 of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. • 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure againsiloss 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public • records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FirstAmer%can Tide Order Number: NCS -33776 -SC Page Number: 11 •' 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, attomeys' 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 alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. is 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • * land use * land division * improvements on the land * environmental protection This • exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title Order Number: NCS -33776 -SC Page Number: 12 w . 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. IS. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability f3ZaT[fF9irl:k7 In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning • c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, SA, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. Is 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED 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: First American Title 0 0 S m c 0 L F• �� 133 MENLO EQUITIES LLC Menlo Eyoities 05'.13:53 P.M. 00-22-2004 212 N. 22.2004 2:55PM 9258372543 DAHLIN GROUP NO.4076 P. 2/2 f), Community Development Deparmrem city ofGuperUm / 10300 Tone Avenue I � 5 r3;7 �K2 W5Telcphone: (408) 777.3228 Fax: (408) 777-3333 NEW ADDRESS ASSIGNMENT FORM DATE: 6 - 24 -0 NAME(please print): CuP2r47no F;nahclat t"-f,t vc G[.0 TELEPHONE NUMBER: (Cd o) 3 26 -9300 AFN; 316 - 2o - o 8 NEWADDRESS: 1950/ Stevens CVeek Bou/evergl The new address will be assigned using the following criteria: 1. The new address will not create confusion. 2. The odd/even addressing system will be maintained. 3. The new address will not result in a public safety hazard. 4. PROOF OF OWNERSHIP IS REQUIRED. (Ex. property tax bill) The new address will be in effect thirty (30) days following assigsnnent. Reviaedl0/16/02 PMibd on AaovW Paper