90-045a - Blackberry Farm Recreation Center - Deed of Reconveyance6183
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1ZFQ1'FSTFD BY
t,A coo j .. Amer�cti�n Tit 1+Sur�nc
WELLS FARGO BANK �`"' ' . OR 6 1993 8.00t}A
MORTGAGE LOAN CENTER
404 CAMINO DEL RIO SOUTH ' — --- LAiJRANE,FlecG'der
SAN DIEGO, CA 92108 Santacoun.i,Ck,
AND WHEN RECORDED MAIL TO L---
BTACKBERRY FAR14 RECREATION CETETER
ATTN: JUDY LOMAS
21975 SAN FERNANDO AVENUE
CUPE•:RTINO, CA 95014
DEED OF RECONVEYANCE
(CORPORATE TRUSTEE)
The undersigned corporation, as Trustee, or substitute Trustee, under
that certain Deed of Trust executed by BLACKBERRY FARM RECREATION
CENTER, INC., A CORPORATION as Trustor, dated AUGUST 11, 1969, and
recorded on AUGUST 29, 1969, in the office of the Recorder of the County
of SANTA CLARA, State of California, in Book 8655 of Official Records,
at Page 322, pursuant to the written request of the beneficiary, does
hereby grant and reconvey, without warranty express or implied as to
t4.tle, possession or encumbrance, to the person or persons legally
entitled thereto, all the right, title and interest derived by the
undersigned corporation, pursuant to said Deed of Trust, in and to the
real property described therein, to which reference is made for a
description of the same.
IN WITNESS WHEREOF, the undersigned corporation, as such Trustee, has
executed this Deed of Reconveyance by its duly authorized Officer on
this date, March 09, 1991.
AMERICAN SECURITIES COMPANY
TRUSTEE
By—
STEPHEN L. NILES
VICE PRESIDENT
STATE OF CALIFORNIA
County of San Diego
By �✓1� «k- l.6-�71 '�_
MILDRED COOPER �—
ASSISTANT SECRETARY
(CORPORATION ACKNOWLEDGEMENT)
On March 09, 1991, before me, the undersigned, a Notary Public in and
for said state, personally appeared STEPHEN L. NILES, and MILDRED COOPER
personally }mown to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instrument as the
VICE PRESIDFNT, and ASSISTANT SECRETARY, respectively, 'of the
Corporation that executed the within instrument and acknowledged to me
that such Corporation executed the within instrument pursuant to its by-
laws or resolution of its Board of Directors.
WITIJESS my hand and official seal."
Y A , � , i ^ `�� �� ���.�:4.{r"s 'S'ii 44.•�C�s_i %i-1. �►����Xi/
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Order Nuihber. NCS-1671D4-SC
Page Number: 1
First American Title
1737 North First Street, Suite 100
San Jose, CA 95112
Ryan Amaya .
Kier & Wright
3350 Scott Boulevard, Bldg. #22
Santa Clara, CA 950.50
Escrow Officer: Laura Denton
Phone: (408) 451-7BOD
Title Officer: Mike D. Hickey
Phone: (408) 451-7800
Property: Assessors Parcel Numbers: 357-10-001,007,D08;357-13-
035, D36; 3 57-06-010, 011, 014; 357-07-029; 357-D9-D53; 357-12-
001;357-08-020, aka Blackberry Farm, Cupertino, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title 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 Tide 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 Insurance Company
i
Order Number: NCS-167104-SC
Page Number: 2
Dated as of August 11, 2D05 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Owners Extended 1970
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:
Santa Clara County Flood Control and Water District, State of California, as to Parcels One and
Three; the City of Cupertino, a municipal corporation, as to Parcel Two, Four, Five, Six, Seven,
Eight, Nine and Ten
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcels One, Two, Three, Four, Five, Six, Seven, Eight, Nine and Ten; an
Easement as to Parcel Ten A
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 2D05-20D6, 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. ANY EASEMENT for water course over that portion of land lying within Stevens Creek and any
changes in the boundary lines of the premises that have occurred or may hereafter occur from
natural causes and by imperceptible degrees, together with any rights and easements for
navigation and fishery which may exist over that portion of said land lying beneath the waters.
F..G
4. Rights of the public in and to that portion of the land lying within Stevens Creek Boulevard.
*'5. Water Rights, claims or title to the waters of Stevens Creek, including percolating and standing
waters, riparian rights, and the right to take all proper means to develop, obtain, secure and
control said waters, as conveyed to S. F. Leib by indenture recorded January 29, 1894 in Book
166 of Deeds, Page 410, Santa Clara County Records.
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 3
6. An easement for gas, water or other mains, conduits for electricity, wires and cables, street,
railroads and incidental purposes in the document recorded August 29, 1925 as Book 176, Page
474 of Official Records.
Affects Parcel Seven.
7. An easement for a single line of poles, a right of way along said line of poles, the right to trim
any trees along said line of poles and incidental purposes in the document recorded December 6,
1934 as Book 715, Page B1 of Official Records.
Affects Parcel Three.
B. An easement for a line of wires and crossarms for the transmission and distribution of electricity,
a right of way along the line of wires, the right to trim any trees along said line of wires and
incidental purposes in the document recorded June 27, 1936 as Book 777, Page 247 of Official
Records.
Affects Parcel Seven.
9. Building setback line 25 feet from San Fernando Avenue as shown on the Map filed for record in
the Office of the Recorder of the County of Santa Clara on September 8, 1941 in Book 7 of Maps,
Ly
at Page 14, and on the Map filed for record in the Office of the Recorder of the County of Santa
Clara on April 6, 1942 in Book 7 of Maps, at Page 31.
Affects a portion of Parcel One.
10. Covenants, conditions, restrictions and easements in the document recorded September 17, 1941
�E as Book 1D59, Page 184 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 36D4(c), of the United States Codes or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Document(s) declaring modifications thereof recorded January 3, 1949 as Book 1727, Page 33 of
Official Records.
Affects a portion of Parcel One.
11. An easement for water pipeline and incidental purposes in the document recorded July 8, 1942
as Book 1103�age 313 of Official Records.
Affects Pa,t`cels 8& Eight°�
First American Title Insurance Company
Order Number: NCS-167104-SC
Page Number: 4
s -zaY" 12. The right to the dam, the diversion works and the pipelines for the purpose of diverting waters
u from Stevens Creek, as contained in the Deed to John F. Alves and Mary Alves, recorded
February 19, 1946 in Book 1323, Page 568, Official Records.
13. The terms and provisions contained in the document entitled "Agreement" recorded September
`- 7, 1951 as Book 2279, Page 507 of Official Records.
Document(s) declaring modifications thereof recorded November 1, 1956 as Book 3647, Page
216 of Official Records.
Affects Parcel Two.
14. The terms and provisions contained in the document entitled "Boundary Line Agreement"
recorded October 7, 1957 as Book 3907, Page 35 of Official. Records.
15. Water Production, Distribution Properties and Facilities and all Properties, Franchises, Water
Rights, Operative Rights and Assets of every kind comprising the water system conveyed to the
City of Cupertino, a municipal corporation, by Deed and Bill of Sale recorded March 1, 1960 in
Book 4713, Page 506, Official Records.
Affects Parcel Four.
16. An easement for ingress, egress public utilities and incidental purposes in the document
recorded July 2, 1962 as Book 5631, Page 220 of Official Records.
Affects Parcel Two.
And as conveyed to N. Sigfrid Nelson, et ux, by Grant Deed recorded July 2, 1962 in Book 5631,
Page 221, Official Records.
Judgment issued in the Superior Court of the State of California in and for the County of Santa
Clara, Case No. 106155, establishing the right of Lauri Maki and Ruby Maki to use "said Riviera
Avenue" as a private easement for road purposes, recorded April 8, 1968 in Book 8081, Page
739, Official Records.
17. An easement for sanitary sewer facilities and incidental purposes in the document
recorded March 22, 1963 as Book 5954, Page 31 of Official Records.
Affects Parcel Two.
18. An easement for sewer pipe lines and the right of access for maintenance and repair and
incidental purposes in the document recorded June 7, 1963 as Book 6055, Page 73 of Official
Records.
Affects Parcel Eight.
19. An easement for sewer pipe lines and the right of access for maintenance and repair and
incidental purposes in the document recorded August 12, 1963 as Book 6144, Page 539 of
Official Records.
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 5
Affects Parcel Eight.
20. An easement for sewer pipe lines and the right of access for maintenance and repair and
incidental purposes in the document recorded December 9, 1963 as Book 6300, Page 419 of
Official Records.
Affects Parcel Eight.
21. An easement for public utilities and incidental purposes in the document recorded June 23, 1965
as Book 7004, Page 729 of Official Records.
Affects Parcel Three.
22. Intentionally omitted
23. An easement for flood control and/or storm water drainage and incidental purposes in the
document recorded October 5, 1972 as Book 0054, Page 12 of Official Records.
Affects Parcel Six,
24. The terms and provisions contained in the document entitled "Declaration Of Restriction Relating
To Real Property" recorded November 14, 1977 as Book 0113, Page 124 of Official Records.
Affects Parcel Six.
N 25. An easement shown or dedicated on the map filed or recorded May 23, 1973 as Book 323, Pages
k 40&41ofMaps
{ For: 10' Access Easement to Lot "Z" & Bicycle Path and incidental
purposes.
Affects Parcels Three & Five.
26. An easement for surface drainage and incidental purposes in the document recorded May 23,
1973 as Book 0389, Page 726 of Official Records.
Affects Parcel Three.
And as reserved by Kaiser Aetna, a California general partnership, in deed recorded May 23, 1973
in Book 0389, Page 730, Official Records.
First American Ttie Insurance Company
Order Number: NCS-167104-SC
Page Number: 6
K 27. Covenants, conditions, restrictions and easements in the document recorded May 25, 1973
as Book 0393, Page 121 of Official Records, which provide that a violation thereof shall not
defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for
value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability, to the extent such covenants,
conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section
12955-of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
Affects Parcels Three & Five.
28. An easement for sewer pipe lines and the right of access for maintenance and repair and
incidental purposes in the document recorded July 5, 1974 as Book 0978, Page 393 of Official
Records.
Affects Parcel Six.
29. An easement shown or dedicated on the map filed or recorded November 22, 1976 as Book 383,
Pages 51 & 52 of Maps
For: storm drainage (10' S.D.E.) and incidental purposes.
Affects Parcel Eight.
30. An easement for sewer pipe lines and the right of access for maintenance and repair and
incidental purposes in the document recorded November 22, 1976 as Book C426, Page 496 of
Official Records.
Affects Parcel Seven.
31. Future R/W line as shown on the Map of Tract No. 5915 filed for record on November 30, 1976 in
Book 384 of Maps at Pages 18 and 19, Santa Clara County Records.
Affects Parcel Ten.
32. An easement for public utility, sanitary sewer, pedestrian, bikeway and incidental purposes in the
document 'recorded July 6, 1979 as Book E619, Page 711 of Official Records.
Affects Parcels One & Two.
33. An easement for slope and incidental purposes in the document recorded September 29, 1966
as Book J861, Page 2080 of Official Records.
34. THE EFFECT OF THE 'NOTES as shown on the Parcel Map of said land filed for record in the
Office of the Recorder of the County of Santa Clara on February 27, 199D in Book 611 of Maps,
Pages 23 & 24.
Affects Parcel Seven.
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 7
35. The terms and provisions contained in the document entitled "Easement Agreement"
recorded April 3, 1991 as Book L663, Page 152 of Official Records.
An easement as contained in the above document.
For: ingress, egress, sanitary sewer, utilities and incidental purposes.
Affects Parcel Two.
Assignment and Assumption of Easement Agreement recorded April 3, 1991 in Book L663, Page
182, Official Records.
Jz- 36. The terms and provisions contained in the document entitled "Agreement" recorded July 15,
1992 as Book M282, Page 298 of Official Records.
Affects Parcel Two.
37. Discrepancies or conflicts in the boundaries common to Parcels Six, Seven and Eight , as
disclosed by Assessors Maps depicting said land.
38. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey.
39. Rights of parties in possession.
j 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. The property in question is currently not assessed for county property taxes; the current owner
being a public agency, taxes may become due upon transfer.
3. Basic rate applies.
4. SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand
based on equity transferred.
5. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation
Fund.
6. This company will require sufficient evidence that any documents executed on behalf of the
vestees herein are duly authorized and executed in compliance with applicable statutes,
ordinances, and charters.
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 8
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.
First American Title Insurance Company
Order Number: NCS-167104-SC
Page Number: 9
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
fo I lows :
PARCEL ONE:
BEING A PORTION OF THE LANDS OF NOORUDIN A. BILLAWALA AS DESCRIBED IN THE DEED
RECORDED IN BOOK 5963 OF OFFICIAL RECORDS AT PAGE 746 IN THE OFFICE OF THE
RECORDER, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, TO WIT:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LANDS; THENCE ALONG THE
NORTHERLY LINE OF SAID LANDS ALSO BEING THE CENTERLINE OF STEVENS CREEK ROAD, N
88°56'DO"E 90.74 FEET; THENCE AT RIGHT ANGLES S 01004'00"E 84.93 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF SAID LANDS; THENCE ALONG SAID LINE N 47°57'40"W 124.29
FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND, INCLUDING
ROAD AND CREEK AREA CONTAINS 0.088 ACRES OR 3853 SQUARE FEET OF LAND MORE OR
LESS.
PARCEL TWO:
ALL THAT REAL PROPERTY SITUATE IN SECTION 15, TOWNSHIP 7 SOUTH, RANGE 2 WEST OF
THE MOUNT DIABLO BASE LINE AND MERIDIAN, CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STEVENS CREEK
BOULEVARD AS ESTABLISHED BY RECORD OF SURVEY RECORDED IN BOOK 469 OF MAPS, AT
PAGE 57, OFFICIAL RECORDS, OF SANTA CLARA COUNTY AND AS SHOWN ON PLAN LINE MAP
RECORDED IN BOOK 7 OF PLAN LINE MAPS, PAGES 113 TO 121, SANTA CLARA COUNTY
RECORDS WHICH BEARS SOUTH B9" 48' 00" WEST A DISTANCE OF 260.77 FEET AND NORTH
120 30' 23" EAST A DISTANCE OF 5.19 FEET FROM THE INTERSECTION OF BYRNE AVENUE AND
OLD STEVENS CREEK BOULEVARD AS SHOWN ON THE MAP OF TRACT N0. 150, "STEVENS
CREEK SUBDMSION MAP NO. 2", RECORDED IN BOOK 5 OF MAPS, PAGES 4 AND 5, SANTA
CLARA COUNTY RECORDS; THENCE SOUTH 121 30' 23" WEST, ON THE -WESTERLY LINE OF
'TRACT NO. 6574", RECORDED IN BOOK 443 OF MAPS, PAGES 34 AND 35, SANTA CLARA
COUNTY RECORDS, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 302.26 FEET
TO THE SOUTHWEST CORNER THEREOF AND THE NORTHWEST CORNER OF SAID TRACT NO,
150; THENCE ON THE WESTERLY LINE OF SAID TRACT NO. 150 THE FOLLOWING 11 COURSES;
1. SOUTH 03° 02' 58" EAST A DISTANCE OF 101.84 FEET; 2. SOUTH 06° 43' 32" WEST A
DISTANCE OF 126.15 FEET; 3. SOUTH 151 03' 52" EAST A DISTANCE OF 95.55 FEET; 4. SOUTH
01° 32' 17" EAST A DISTANCE OF 92.26 FEET; 5. SOUTH 061 17' S3" EAST A DISTANCE OF
48.91 FEET; 6. SOUTH 281 55' 53" EAST A DISTANCE OF 141.02 FEET; 7. SOUTH 04° 26' 48"
EAST A DISTANCE OF 139.85 FEET; 8. SOUTH 03' 13' 56" WEST A DISTANCE OF 109.72 FEET;
9. SOUTH 08" 29' 30" EAST A DISTANCE OF 101.56 FEET; 10. SOUTH 461115' 30" EAST A
DISTANCE OF 48.95 FEET; 11. SOUTH 001 00' 00" EAST A DISTANCE OF 473.35 FEET TO A
POINT ON THE NORTHERLY LINE OF SAN FERNANDO AVENUE; THENCE SOUTH 570 30' 00"
WEST, ON SAID NORTHERLY LINE, A DISTANCE OF 165.89 FEET TO THE NORTHEAST CORNER
OF LOT 59 OF. TRACT NO. 211, "STEVENS CREEK SUBDIVISION MAP NO. 4" AS RECORDED IN
VOLUME 7 OF MAPS, PAGE 31, SANTA CLARA COUNTY RECORDS; THENCE SOUTH 000 10' S8"
First American Title Insurance Company
Order Number: NCS-1671D4-SC .
Page Number: 1D
WEST, ON THE EAST LINE OF SAID LOT 59, A DISTANCE OF 30.DO FEET; THENCE SOUTH 69'
09' 51" WEST A DISTANCE OF 124.89 FEET TO THE NORTHWEST CORNER OF SAID LOT 59;
THENCE SOUTH 83" 09' 00" WEST, ON THE NORTHERLY LINE OF SAID TRACT NO. 211, A
DISTANCE OF 239.D8 FEET TO THE MOST EASTERLY CORNER OF PARCEL "B" AS SHOWN ON
THAT RECORD OF SURVEY RECORDED IN BOOK 146 OF MAPS, PAGE 56, SANTA CLARA
COUNTY RECORDS; THENCE ON THE NORTHERLY, WESTERLY AND SOUTHERLY LINES OF SAID
PARCEL "B" THE FOLLOWING 7 COURSES: 1. NORTH 76' 49' 03" WEST A DISTANCE OF 86.30
FEET; 2. SOUTH 79 14 51 WEST A DISTANCE OF 30.17 FEET; 3. SOUTH 600 29' 51" WEST A
DISTANCE OF 60.00 FEET; 4. SOUTH 401 44' 21" WEST A DISTANCE OF 19.99 FEET; 5. SOUTH
120 19' 43" EAST A DISTANCE O,F 50.82 FEET; 6. SOUTH 390 06 DO EAST A DISTANCE OF
72.31 FEET; 7. NORTH 55' 54' DD" EAST A DISTANCE OF 43.18 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF LOT 48 OF SAID TRACT NO. 211; THENCE ON THE
SOUTHWESTERLY LINE OF SAID TRACT NO. 211 THE FOLLOWING 4 COURSES; 1. SOUTH 36D
42' 00" EAST A DISTANCE OF 34.45 FEET; 2. SOUTH 330 31' 00" EAST A DISTANCE OF 93.06
FEET; 3. SOUTH 30D 31' DO" EAST A DISTANCE OF 79.45 FEET; 4. SOUTH 450 33' OD" EAST A
DISTANCE OF 189.70 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND
DESCRIBED IN BOOK K982 OF OFFICIAL RECORDS, PAGE 1197, RECORDS OF SANTA CLARA
COUNTY; THENCE SOUTH 111 38' D8" EAST, ON THE WESTERLY LINE OF SAID PARCEL, A
DISTANCE OF 61.20 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND
DESCRIBED IN BOOK 2366 OF OFFICIAL RECORDS, PAGE 499, RECORDS OF SANTA CLARA
COUNTY; THENCE SOUTH 241 04' 30" EAST, ON THE WESTERLY LINE OF SAID PARCEL, A
DISTANCE OF 92.58 FEET; THENCE SOUTH 121 51' 30" WEST, CONTINUING ON SAID
WESTERLY LINE, A DISTANCE OF 172.35 FEET TO A POINT ON THE NORTH LINE OF TRACT NO.
5362 AS RECORDED IN BOOK 323 OF MAPS, PAGE 41, SANTA CLARA COUNTY RECORDS;
THENCE NORTH 90" OD' DO" WEST, ON THE NORTH LINE OF SAID TRACT NO. 5362 AND ON
THE NORTH LINE OF LOT Z OF THE MAP OF COLONY TRACT MONTA VISTA" AS RECORDED
IN BOOK T" OF MAPS, PAGE 21, SANTA CLARA COUNTY RECORDS, A DISTANCE OF 328.67
FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "A" OF TRACT NO. 5873, "THE
SYCAMORES AS RECORDED IN BOOK 383 OF MAPS, PAGES 51 AND 52, SANTA CLARA COUNTY
RECORDS; THENCE ON THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL "A" THE
FOLLOWING 3 COURSES: 1. NORTH 021 44' 11" EAST A DISTANCE OF 2D6.97 FEET; 2. NORTH
2D° 25' 11" EAST A DISTANCE OF 153.50 FEET; 3. NORTH 580 17' 31" WEST A DISTANCE OF
708.51 FEET TO A POINT ON THE WESTERLY LINE OF LOT "C" OF THE "MAP OF MONTA VISTA
PARK" AS RECORDED IN BOOK "P" OF MAPS, PAGE 19, RECORDS OF SANTA CLARA COUNTY;
THENCE ON THE WESTERLY AND NORTHERLY LINES OF SAID LOT "C" THE FOLLOWING 7
COURSES: 1. NORTH 000 10' 31" WEST A DISTANCE OF 31.54 FEET; 2, NORTH 180 18' 25"
FAST A DISTANCE OF 124.23 FEET; 3. NORTH 440 48' 25" EAST A DISTANCE OF 123.86 FEET;
4. NORTH 380 03' 25" EAST A DISTANCE OF 79.23 FEET; S. NORTH 08° 03' 25" EAST A
DISTANCE OF 137.94 FEET; 6. NORTH 131 11' 35" WEST A DISTANCE OF 82.00 FEET; 7. NORTH
76° 48' 25" EAST A DISTANCE OF ID.DD FEET TO A POINT ON THE EASTERLY LINE OF SAID
MONTA VISTA PARK; THENCE NORTH 131 11' 35" WEST, ON SAID EASTERLY LINE, A DISTANCE
OF 70.56 FEET; THENCE NORTH 461 48' DO" EAST, CONTINUING ON SAID EASTERLY LINE, A
DISTANCE OF 206.74 FEET TO THE MOST SOUTHERLY SOUTHEAST CORNER OF TRACT NO.
5915, 'THE MEADOWS OF CUPERTINO" AS RECORDED IN BOOK 384 OF MAPS, PAGES 18 AND
19, SANTA CLARA COUNTY RECORDS; THENCE NORTH 491 03' 05" EAST, ON THE
SOUTHEASTERLY LINE OF SAID TRACT NO. 5915, A DISTANCE OF 178.14 FEET; THENCE
NORTH 52° 45' 45" EAST, CONTINUING ON SAID SOUTHEASTERLY LINE, A DISTANCE OF
139.19 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN
BOOK 'I 410 OF OFFICIAL RECORDS, PAGE 635, SANTA CLARA COUNTY RECORDS; THENCE
ON THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING 7 COURSES: 1. NORTH 370 07' 43"
EAST A DISTANCE OF 107.38 FEET; 2. NORTH 251 37' 43" EAST A DISTANCE OF 54.12 FEET; 3.
NORTH 360 37' 43" EAST A DISTANCE OF 199.32 FEET; 4. NORTH 240 37' 43" EAST A
First American Title Insurance Company
Order Number: NCS-167104-SC
Page Number: 11
DISTANCE OF 80.26 FEET; 5. NORTH 0411 45' 43" EAST A DISTANCE OF 231.66 FEET; 6. NORTH
020 59' 17" WEST A DISTANCE OF 122.10 FEET; 7. NORTH 4411 22' 17' WEST A DISTANCE OF
136.68 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN
BOOK G295 OF OFFICIAL RECORDS, PAGE 548, RECORDS OF SANTA CLARA COUNTY; THENCE
ON THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING 3 COURSES: 1. NORTH 640 50' 30"
EAST A DISTANCE OF 77.87 FEET; 2. NORTH 0711 2B' 30" EAST A DISTANCE OF 119.78 FEET; 3.
NORTH 00" 11' 00" WEST A DISTANCE OF 32.97 FEET TO THE AFOREMENTIONED SOUTHERLY
RIGHT-OF-WAY LINE OF STEVENS CREEK BOULEVARD; THENCE NORTH 890 49' 00" EAST, ON
SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 261.54 FEET; THENCE NORTH 860 53'
46" EAST, CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 40.58
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
EXCEPTING THEREFROM: PARCEL "A" AS SHOWN ON THAT RECORD OF SURVEY RECORDED IN
BOOK 148 OF MAPS, PAGE 58, RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH BEARS NORTH 83D 09' OD" EAST A DISTANCE OF 28.12 FEET
AND NORTH D60 51' 00" WEST A DISTANCE OF 37.16 FEET FROM THE NORTHWEST CORNER
OF LOT 49 OF TRACT NO. 211, "STEVENS CREEK SUBDIVISION MAP NO. 4" AS RECORDED IN
VOLUME 7 OF MAPS, PAGE 31, RECORDS OF SANTA CLARA COUNTY; THENCE NORTH 1D° 04'
DO" WEST A DISTANCE OF 97.98 FEET; THENCE NORTH 610 48' 00" EAST A DISTANCE OF 77.12
FEET; THENCE SOUTH 70D 14' DO" EAST A DISTANCE OF 71.22 FEET; THENCE SOUTH 031, 13'
DO" EAST A DISTANCE OF 94.18 FEET; THENCE SOUTH 831 09' 00" WEST A DISTANCE OF
124.03 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
PARCEL THREE:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT Z AS, SAID LOT IS SHOWN ON THE
"MAP OF THE COLONY TRACT MDNTA VISTA", FILED ON APRIL 11, 1917 IN BOOK P OF MAPS,
AT PAGE 21, SANTA CLARA COUNTY RECORDS; THENCE SOUTHERLY ALONG THE EASTERLY
LINE OF SAID LOT Z DUE SOUTH 221.13 FEET TO A POINT IN THE GENERAL WESTERLY LINE
OF SAID COLONY TRACT; THENCE ALONG SAID GENERAL WESTERLY LINE AS FOLLOWS: S
56°25'OD"E 25.30 FEET, S 38°15'DO"W 118.80 FEET, S 68°29'22"W 88.99 FEET, AND S
07"25'33"E 246.12 FEET; THENCE LEAVING SAID GENERAL WESTERLY LINE N 32137'41"E
173.47 FEET; THENCE N 64112'27" E 150.00 FEET; THENCE N 34°15'DO" E 186.DO FEET;
THENCE DUE NORTH 240.00 FEET TO A POINT IN THE NORTHERLY LINE OF SAID COLONY
TRACT; THENCE WESTERLY ALONG SAID NORTHERLY LINE DUE WEST 229.82 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, WITH NO RIGHTS OF SURFACE
ENTRY, AS CONVEYED TO THE CITY OF CUPERTINO, A MUNICIPAL CORPORATION BY
INSTRUMENT RECORDED 3UNE 29, 1973 IN BOOK 0449, PAGE 374, SANTA CLARA COUNTY
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF
CUPERTINO, A MUNICIPAL CORPORATION, BY GRANT DEED RECORDED FEBRUARY 21, 1975 IN
BOOK B288, PAGE 492, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE MARKING A NORTHWEST CORNER OF THAT CERTAIN MAP
ENTITLED 'TRACT NO. 5362", FILED IN BOOK 323, PAGES 40 AND 41, IN THE OFFICE OF THE
COUNTY RECORDER, COUNTY OF SANTA•CLARA. SAID POINT IS ALSO THE NORTHEAST
CORNER OF LOT "Z" OF THAT CERTAIN MAP ENTITLED "COLONY TRACT", FILED IN BOOK
FirstAmerican Title Insurance Company
Order Number: NCS-167104-SC
Page Number: 12
4718, PAGE 506, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SANTA CLARA;
COMMENCING FROM SAID POINT SOUTH, A DISTANCE OF 63.10 FEET TO THE TRUE POINT OF
BEGINNING; THENCE AROUND THE FOLLOWING FOUR COURSES: S 45110D'00"E 16.83 FEET;
SOUTH 24.25 FEET; S 45"DO'00"W 16.83 FEET; AND NORTH 48.05 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL FOUR:
ALL OF LOT Z AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF COLONY TRACT
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 21.
PARCEL FIVE:
BEGINNING AT AN IRON PIPE MARKING A NORTHWEST CORNER OF THAT CERTAIN MAP
ENTITLED "TRACT NO. 5362", FILED IN BOOK 323, PAGES 40 AND 41, IN THE OFFICE OF THE
COUNTY RECORDER, COUNTY OF SANTA CLARA. SAID POINT IS ALSO THE NORTHEAST
CORNER OF LOT 'Z OF THAT CERTAIN MAP ENTITLED "COLONY TRACT", FILED IN BOOK
4718, PAGE 506, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SANTA CLARA;
COMMENCING FROM SAID POINT SOUTH, A DISTANCE OF 63.10 FEET TO THE TRUE POINT OF
BEGINNING; THENCE AROUND THE FOLLOWING FOUR COURSES: S 45°00'00"E 16.83 FEET;
SOUTH 24.25 FEET; S 45100'00"W 16.83 FEET; AND NORTH 48.05 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL SIX:
ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF SECTION 22, T. 7 S., R. 2 W.,
M.D.B. & M. AND INCLUDING THEREIN PORTIONS OF LOTS 96, 85, 86, 87, 88, 89, 90, 91, 92,
95, 96 AND 99, AND A PORTION OF VALLECITO ROAD AS SAID LOTS AND ROAD ARE SHOWN
ON THE MAP OF MONTA VISTA PARK, WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF SANTA CLARA COUNTY ON APRIL 11, 1917 IN BOOK "P" OF MAPS, PAGE 19,
DESCRIBED AS FOLLOWS:
BEGINNING AT A ONE INCH IRON PIPE AT THE INTERSECTION THEREOF THE CENTERLINE OF
MCCLELLAN ROAD AND THE WESTERLY BOUNDARY LINE OF THE COLONY TRACT, THE MAP OF
WHICH IS ON FILE IN THE OFFICE OF THE RECORDER OF THE SAID COUNTY IN BOOK "P" OF
MAPS, PAGE 21; THENCE ALONG SAID CENTERLINE OF MCCLELLAN ROAD S. 640 31' 12" W.
103.80 FEET TO A 3/4" I.P.; THENCE S. 780 57' 47" W. 196.60 FEET TO A 3/4" IRON PIPE;
THENCE S. 61° 49' 47" W. 296.20 FEET TO A 3/4" I.P. SANTA CLARA COUNTY STATION
17+7694; THENCE S. 80° 27' 54" W. 145.54 FEET TO A 3/4" I.P.; THENCE N. 54D 03' D6" W.
113.46 FEET TO THE INTERSECTION OF THE CENTERLINE OF MCCLELLAN ROAD WITH THE
SOUTHWESTERLY LINE OF THAT CERTAIN 15.25 ACRE TRACT OF LAND DESCRIBED IN THE
DEED FROM CLIFFORD J. SIMMS, ET UX, TO HIROSUKE INOUYE, ET UX, RECORDED DULY 22,
1955 IN BOOK 3232 OF OFFICIAL RECORDS, PAGE 86, SANTA CLARA COUNTY RECORDS;
THENCE LEAVING SAID CENTERLINE AND RUNNING THE SOUTHWESTERLY LINE OF SAID 15.25
ACRE TRACT N. 250 07' W. 41.33 FEET TO THE NORTHEASTERLY LINE OF MCCLELLAN ROAD;
THENCE ALONG SAID NORTHEASTERLY LINE S. 54" 03' 06" E. 44.85 FEET TO THE
SOUTHEASTERLY TERMINUS OF THE AGREED BOUNDARY LINE, AS DESCRIBED IN THE
AGREEMENT EXECUTED BY AND BETWEEN CLIFFORD J. SIMMS, ET UX AND HIROSUKE INOUYE,
First American Title Insurance Company
Order Number: NCS-167104-SC
Page Number: 13
RECORDED OCTOBER 7, 1957 IN BOOK 3907 OF OFFICIAL RECORDS, PAGE 35, RECORDS OF
SAID COUNTY, SAID AGREED BOUNDARY LINE ALSO SHOWN ON THE MAP OF RECORD OF
SURVEY ON FILE IN BOOK 67 OF MAPS, PAGE 36; THENCE LEAVING THE NORTHEASTERLY LINE
OF MCCLELLAN ROAD ALONG SAID AGREED LINE BEING THE CENTERLINE STEVENS CREEK, AS
THE SAME EXISTED AT THE DATE OF AGREEMENT THE FOLLOWING COURSES AND
DISTANCES: N. 120 03' 33" W. 75.91 FEET; THENCE N. 541 02' 36" W. 82.13 FEET; THENCE N.
190 24' 36" W. 330.00 FEET; THENCE N. 611 23' 24" E. 124.55 FEET; THENCE N. 53" 06' 59" E.
219.56 FEET; THENCE N. 301 17' 17" E. 159.80 FEET; THENCE N. 51" 34' 47" E. 154.46 FEET;
THENCE N. 88" 09' 50" E. 177.37 FEET; THENCE S. 61' 46' 55" E. 153.27 FEET; THENCE S. 450
24' DO" E. 114.77 FEET; THENCE S. 16' 02'.E. 100.58 FEET; THENCE S. 6811 40' 00" E. 121.93
FEET TO THE INTERSECTION THEREOF WITH THE WESTERLY LINE OF THE COLONY TRACT
HEREIN ABOVE REFERRED TO; THENCE LEAVING SAID CENTERLINE OF STEVENS CREEK AND
AGREED BOUNDARY LINE AND RUNNING ALONG THE WESTERLY LINE OF SAID COLONY TRACT
AND THE EASTERLY LINE OF MONTA VISTA PARK S. 47" 15' DO" W. 47.64 FEET TO THE
SOUTHERLY CORNER OF LOT 99 SAID MONTA VISTA PARK MARKED BY A FENCE POST;
THENCE LEAVING SAID MONTA VISTA PARK AND CONTINUING ALONG THE WESTERLY LINE OF
SAID COLONY TRACT S. 8° D6' 48" E. 438.93 FEET TO THE POINT OF BEGINNING AND
CONTAINING APPROXIMATELY 15.37 ACRES.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO SANTA CLARA COUNTY
FLOOD CONTROL AND WATER DISTRICT, A PUBLIC CORPORATION BY GRANT DEED
RECORDED OCTOBER 5, 1972 IN BOOK D054, PAGE 9, OFFICIAL RECORDS, DESCRIBED
THEREIN AS FOLLOWS:
"BEING A PORTION OF THE LANDS OF THE CITY OF CUPERTINO AS DESCRIBED IN THE DEED
RECORDED IN BOOK 3232 OF OFFICIAL RECORDS AT PAGE 86 ET SEQ., SANTA CLARA COUNTY
RECORDS, TO WIT:
ALL OF SAID LANDS LYING WITHIN A STRIP OF LAND 120 FEET IN WIDTH, THE CENTER LINE
OF SAID STRIP BEING THE NOW EXISTING CENTER LINE OF STEVENS CREEK AS SAID STRIP IS
SHOWN ON 'EXHIBIT AZATTACHED HERETO AND MADE A PART HEREOF."
PARCEL SEVEN:
PARCEL 2 AS SHOWN UPON THAT CERTAIN PARCEL MAP RECORDED FEBRUARY 27, 1990 IN
BOOK 611 OF MAPS, PAGES 23 AND 24, SANTA CLARA COUNTY RECORDS.
AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED MARCH 23, 1990 IN BOOK L298,
PAGE 534, OFFICIAL RECORDS.
PARCEL EIGHT:
ALL OF THAT PROPERTY DESCRIBED AS "PARCEL A" ON THAT CERTAIN TRACT MAP NO. 5873
ENTITLED "THE SYCAMORES" FILED FOR RECORD WITH THE SANTA CLARA RECORDER ON
NOVEMBER 22, 1976 IN BOOK 383 OF MAPS, PAGES 51 AND 52.
PARCEL NINE:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE STEVENS
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 14
CREEK ROAD, AS IT FORMERLY EXISTED 40 FEET WIDE, WITH THE CENTER LINE OF STEVENS
CREEK; THENCE IN A GENERAL SOUTHERLY DIRECTION ALONG THE CENTER LINE OF STEVENS
CREEK THE FOLLOWING COURSES AND DISTANCES: SOUTH 48' 30' EAST 110.55 FEET; SOUTH
590 45' EAST 132.00 FEET; SOUTH 4511 EAST 162.03 FEET; SOUTH ° 37' EAST 122.10 FEET;
SOUTH 4° 8' WEST 231.66 FEET; SOUTH 240 WEST 80.26 FEET; SOUTH 3630 WEST 199.32
FEET; SOUTH 25' WEST 54.12 FEET; AND SOUTH 361 30' WEST 107.38 FEET TO A STATION
DESIGNATED D.S.5 FROM WHICH A SYCAMORE 14 INCHES IN DIAMETER MARKED B.T.D.S.5
BEARS SOUTH 360 45' EAST 17.82 FEET; THENCE LEAVING THE CENTER LINE OF STEVENS
CREEK AND RUNNING ALONG THE EASTERLY LINE OF MONTA VISTA PARK, THE MAP OF
WHICH IS OF RECORD IN BOOK "P" OF MAPS, PAGE 19, SANTA CLARA COUNTY RECORDS, AND
ALONG THE EASTERLY LINE OF INSPIRATION POINT, MONTA VISTA, THE MAP OF WHICH IS OF
RECORD IN BOOK "P" OF MAPS, PAGE 18, SANTA CLARA COUNTY RECORDS, THE FOLLOWING
COURSES AND DISTANCES: NORTH 411 41' WEST 339.24 FEET TO A STATION DESIGNATED
D.S.r; NORTH 4° ll' WEST 191.40 FEET TO A PIPE; AND NORTH 1211 V WEST 448.00 FEET TO A
PIPE AT THE NORTHEASTERLY CORNER OF SAID INSPIRATION POINT, MONTA VISTA; THENCE
NORTH 370 42' WEST 13.DD FEET TO A PIPE ON SAID SOUTHERLY LINE OF STEVENS CREEK
ROAD; THENCE ALONG SAID SOUTHERLY LINE OF STEVENS CREEK ROAD, NORTH 69D EAST
84.48 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF THE SAN ANTONIO RANCHO,
AND BEING SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF A SURVEY MADE FOR
ADELHEID M. STOCKLMEIR IN THE SAN ANTONIO RANCHO", WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON DECEMBER 29, 1915, IN BOOK "0" OF MAPS, PAGE 8B.
EXCEPTING THEREFROM ALL THAT CERTAIN LAND CONVEYED TO THE CITY OF CUPERTINO, A
MUNICIPAL CORPORATION RECORDED SEPTEMBER 29, 1986 AS INSTRUMENT NO. B96203B IN
BOOK 3861, OFFICIAL RECORDS, PAGE 2072, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SAN ANTONIO RANCHO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF "TRACT NO. 5915" RECORDED IN
BOOK 384 OF MAPS AT PAGES 18 AND 19, SANTA CLARA COUNTY RECORDS, SAID POINT
BEING THE NORTHEASTERLY BOUNDARY CORNER OF "LOT 30" AS SHOWN UPON SAID MAP;
THENCE FROM SAID POINT OF BEGINNING, ALONG SAID EASTERLY BOUNDARY LINE OF
'TRACT NO. 5915", NORTH 11° 58' 43" WEST 42.DD FEET TO THE NORTHEASTERLY BOUNDARY
CORNER OF THE "MAP OF INSPIRATION POINT, MONTA VISTA", AS RECORDED IN BOOK "P" OF
MAPS AT PAGE 18, SANTA CLARA COUNTY RECORDS, SAID POINT ALSO BEING THE "TRACT
NO. 5915" AND DESIGNATED AS "STEVENS CREEK BLVD.";
THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF "TRACT NO. 5915", NORTH 370 55' 03"
WEST 5.8D FEET TO THE INTERSECTION THEREOF WITH A NON -TANGENT CURVE HAVING A
RADIUS OF 988.01 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 13° 18' 30" EAST, SAID
POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE FROM SAID TRUE POINT OF BEGINNING, EASTERLY ON THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 01) 12' 43", FOR AN ARC LENGTH OF 3.66 FEET TO A POINT
OF COMPOUND CURVATURE;
THENCE CONTINUING EASTERLY ON THE ARC OF A CURVE HAVING A RADIUS OF 35.00 FEET;
THROUGH A CENTRAL ANGLE OF 270 21' 15", FOR AN ARC LENGTH OF 16.71 FEET TO A POINT
OF REVERSE CURVATURE;
First American Ttle Insurance Company
Order Number: NCS-167104-SC
Page Number: 15
THENCE CONTINUING EASTERLY ON THE ARC OF A CURVE HAVING A RADIUS OF 20.00 FEET;
THROUGH A CENTRAL ANGLE OF 25" 19' 20", FOR AN ARC LENGTH OF 8.84 FEET, A RADIAL AT
SAID POINT BEARS SOUTH 1111 03' 52" EAST;
THENCE NORTH 780 56' DS" EAST 6.62 FEET;
THENCE NORTH 820 57' 52" EAST, 42.66 FEET TO A POINT IN THE CENTERLINE OF STEVENS
CREEK, SAID POINT BEING IN THE SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK
BOULEVARD (40.00 FEET WIDE AS IT FORMERLY EXISTED);
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD,
SOUTH S8° 46' 38" WEST 81.76 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD,
SOUTH 37" 55' 03" EAST 6.57 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL TEN:
ALL OF LOTS 30 AND 31, SHOWN ON THE MAP ENTITLED, "TRACT NO. 5915 THE MEADOWS OF
CUPERTINO', WHICH MAP WAS FILED FOR RECORD IN THE.OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON NOVEMBER 30, 1976, IN BOOK 384 OF
MAPS AT PAGES 18 AND 19.
PARCEL TEN A:
THE EXCLUSIVE RIGHT TO TRAVEL OVER THE HEREINAFTER DESCRIBED PARCELS OF LAND
FOR AGRICULTURAL PURPOSES AS ARE INTERPRETED AND PROVIDED FOR UNDER "A
(AGRICULTURAL) ZONE" USE INCLUDING USE FOR HABITATIONAL ACCOMMODATIONS NOW A
PART OF OR TO BE PROVIDED FOR UNDER "A (AGRICULTURAL) ZONE" ACTIVITIES TO AND
FROM THE LANDS OF THE GRANTEE HEREIN TO SCENIC BOULEVARD:
ALL THAT PORTION OF LOT 29, SHOWN ON THE MAP ENTITLED, "TRACT NO. 5915 THE
MEADOWS OF CUPERTINO", WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON NOVEMBER 30,
1976 IN BOOK 384 OF MAPS, AT PAGES 18 AND 19, DESCRIBED AS FOLLOWS:
AREA 1 (STOCKLMEIR COURT):
BEGINNING AT A POINT ON THE WESTERLY LINE OF THAT CERTAIN 4.851 ACRE PARCEL AS
SAID PARCEL IS SHOWN UPON THE MAP OF A SURVEY MADE FOR ADELHEID M. STOCKLMEIR
IN THE SAN ANTONIO RANCHO, A MAP OF WHICH IS FILED FOR RECORD IN BOOK "0" OF
MAPS, PAGE 88, SANTA CLARA COUNTY RECORDS, DISTANT THEREON ALONG SAID WESTERLY
LINE NORTH 2" 15' 00" WEST, 339.24 FEET AND NORTH 7° 15' 00" WEST, 87.54 FEET FROM
THE MOST SOUTHERLY CORNER OF SAID 4.851 ACRE PARCEL MARKED ON SAID MAP AS DS5,
THENCE LEAVING SAID WESTERLY LINE OF 4.851 ACRE PARCEL, SOUTH 82° 45' DO" WEST,
26.53 FEET TO THE INTERSECTION THEREOF WITH A CURVE WHOSE RADIAL BEARS SOUTH
730 40' 19" EAST, FROM THE CENTER OF THE CURVE THROUGH THE SAID POINT OF
INTERSECTION; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 25 FEET,
THROUGH A CENTRAL ANGLE OF 1120 39' 51", FOR AN ARC LENGTH OF 49.16 FEET; THENCE
FirstAmerican Ttle Insurance Company
Drder Number: NCS-167104-SC
Page Number: 16
NORTH 53" 00' 28" WEST, 55.D0 FEET TO BEGINNING OF A TANGENT CURVE; THENCE ON A
CURVE TO THE LEFT HAVING A RADIUS OF 204.DO FEET, THROUGH A CENTRAL ANGLE OF 230
DO' DO", FOR AN ARC LENGTH OF 81.89 FEET; THENCE NORTH 7411 OD' 28" WEST, 63.75 FEET
TO THE BEGINNING OF A TANGENT CURVE; THENCE ON A CURVE TO THE LEFT HAVING A
RADIUS OF 104.D0 FEET, THROUGH A CENTRAL ANGLE OF 8° 14' 13", FOR AN ARC LENGTH OF
14.95 FEET TO A POINT OF COMPOUND CURVE; THENCE ON A COMPOUND CURVE TO THE
LEFT, LEAVING A RADIUS OF 20.DD FEET, THROUGH A CENTRAL ANGLE OF 4D° 59' 26", FOR AN
ARC LENGTH OF 14.31 FEET TO THE INTERSECTION OF THE EASTERLY LINE OF SCENIC
BOULEVARD; THENCE ALONG SAID EASTERLY LINE, NORTH D° 08' 54" EAST, 38.94 FEET TO
THE INTERSECTION THEREOF WITH A CURVE WHOSE RADIAL BEARS SOUTH 330 30' 56" WEST
FROM THE CENTER OF A CURVE THROUGH THE SAID POINT OF INTERSECTION; THENCE ON A
CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 29°
16' 47", FOR AN ARC LENGTH OF 10.22 FEET TO A POINT OF REVERSE CURVE; THENCE ON
REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 136 FEET, THROUGH CENTRAL ANGLE
OF 110 45' 23", FOR AN ARC LENGTH OF 27.91 FEET; THENCE SOUTH 7411 DO' 08" EAST, 63.75
FEET TO THE BEGINNING OF TANGENT CURVE; THENCE ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 236.DO FEET, THROUGH A CENTRAL ANGLE OF 23° 00' DD", FOR AN ARC LENGTH
OF 94.74 FEET; THENCE SOUTH 51D DO' 20" EAST, 20.69 FEET TO THE BEGINNING OF A
TANGENT CURVE; THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 2D.DO FEET,
THROUGH A CENTRAL ANGLE OF 480 15' 05", FOR AN ARC LENGTH OF 16.88 FEET TO A POINT
OF REVERSE CURVE; THENCE ON A REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF
25.00 FEET, THROUGH A CENTRAL ANGLE OF 73° 2551" FOR AN ARC LENGTH OF 32.04 FEET;
THENCE NORTH 820 45' DO" EAST, 26.53 FEET TO THE INTERSECTION THEREOF WITH SAID
WESTERLY LINE OF SAID 4.851 ACRE PARCEL; THENCE ALONG SAID WESTERLY LINE, SOUTH
7° 15' DO" EAST, 20.00 FEET TO THE POINT OF BEGINNING, AND BEING ALL THAT PORTION OF
SAID LOT 29 LYING WITHIN STOCKLMEIR COURT, AS SAID COURT IS SHOWN ON SAID
RECORDED MAP AND THAT PORTION OF SAID LOT 29 LYING BETWEEN THE LINE OF SAID LOT
29 AS CONTAINED WITHIN THE ABOVE DESCRIBED PROPERTY.
AREA 2 (DEAN COURT):
BEGINNING AT A POINT ON THE WESTERLY LINE OF THAT CERTAIN 4.651 ACRE PARCEL AS
SAID PARCEL IS SHOWN UPON THE MAP OF A SURVEY MADE FOR ADELHEID M. SOCKLMEIR
IN THE SAN ANTONIO RANCHO, A MAP OF WHICH IF FILED FOR RECORD IN BOOK "0" OF
MAPS, PAGE 88, SANTA CLARA COUNTY RECORDS, DISTANT THEREON ALONG SAID WESTERLY
LINE NORTH 20 15'DO" WEST, 205.67 FEET FROM THE MOST SOUTHERLY CORNER OF SAID
4.51 ACRE PARCEL MARKED ON SAID MAP BY DS5; THENCE LEAVING SAID WESTERLY LINE OF
4.851 ACRE PARCEL SOUTH 870 59' 32" WEST, 6.45 FEET TO THE INTERSECTION WITH A
CURVE WHOSE RADIAL BEARS SOUTH 68° 25' 46" EAST, FROM THE CENTER OF THE CURVE
THROUGH THE SAID POINT OF INTERSECTION; THENCE ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 25 FEET, THROUGH A CENTRAL ANGLE OF 99° 42' 06", FOR AN ARC LENGTH OF
43.50 FEET TO A POINT OF REVERSE CURVE, THENCE ON A REVERSE CURVE TO THE LEFT,
HAVING A RADIUS OF 20.DO FEET, THROUGH A CENTRAL ANGLE OF 40° 47' 14", FOR AN ARC
LENGTH OF 14.24 FEET TO A POINT OF COMPOUND CURVE; THENCE ON COMPOUND CURVE
TO THE LEFT, HAVING A RADIUS OF 209.00 FEET THROUGH A CENTRAL ANGLE OF 7° 29' 34"
FOR AN ARC LENGTH OF 27.33 FEET; THENCE SOUTH 721 59' 32" WEST, 106.00 FEET TO
BEGINNING OF A TANGENT CURVE; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF
103.DD FEET, THROUGH A CENTRAL ANGLE OF 48° 30' DO", FOR AN ARC LENGTH OF 87.19
FEET; THENCE NORTH 581 30' 28" WEST, 19.62 FEET TO THE BEGINNING OF A TANGENT
CURVE; THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 2DDO FEET THROUGH A
CENTRAL ANGLE OF 37° 54' 44", FOR AN ARC LENGTH OF 13.23 FEET TO THE INTERSECTION
THEREOF WITH A CURVE OF THE EASTERLY LINE OF SCENIC BOULEVARD BEARS SOUTH 770
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Order Number: NCS-1671M-SC
Page Number:17
13' 15" EAST, FROM THE CENTER OF THE CURVE THROUGH THE POINT OF INTERSECTION;
THENCE ALONG THE SAID CURVE OF THE EASTERLY LINE OF SCENIC BOULEVARD ON A CURVE
TO THE LEFT HAVING A RADIUS OF 415.00 FEET, THROUGH A CENTRAL ANGLE OF 8° 06' 18",
FOR AN ARC LENGTH OF 39.14 FEET TO THE INTERSECTION THEREOF WITH A CURVE WHOSE
RADIAL BEARS SOUTH 82° 37' 27" EAST, FROM THE CENTER OF CURVE THROUGH THE POINT
OF INTERSECTION, THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET,
THROUGH A CENTRAL ANGLE OF 8° 06' 18", FOR AN ARC LENGTH OF 2.83 FEET; THENCE
SOUTH 580 3D' 28" EASTi 43.37 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ON
A CURVE TO THE LEFT, HAVING A RADIUS OF 71.00 FEET; THROUGH A CENTRAL ANGLE OF
480 30' 00", FOR AN ARC LENGTH OF 61.10 FEET; THENCE NORTH 72D 59' 32" EAST, 106.00
FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ON A CURVE TO THE RIGHT,
HAVING S RADIUS OF 241 FEET, THROUGH A CENTRAL ANGLE OF 80 36' 47" FOR AN ARC
LENGTH OF 36.23 FEET TO A POINT OF REVERSE CURVE; THENCE ON A REVERSE CURVE TO
THE LEFT, HAVING A RADIUS OF 2D.00 FEET, THROUGH A CENTRAL ANGLE OF 330 47' 42",
FOR AN ARC LENGTH OF 11.80 FEET TO A POINT OF REVERSE CURVE; THENCE ON A REVERSE
CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF
106" 36' 14", FOR AN ARC LENGTH OF 46.51 FEET; THENCE NORTH 87° 59' 32" EAST, 6.37
FEET TO THE INTERSECTION THEREOF WITH THE SAID WESTERLY LINE OF THAT 4.851 ACRE
PARCEL; THENCE ALONG SAID WESTERLY LINE, SOUTH 2° 15' 11" EAST, 20.00 FEET TO THE
POINT OF BEGINNING, AND BEING ALL THAT PORTION OF SAID LOT 29 LYING WITHIN DEAN
COURT AS SAID COURT IS SHOWN ON SAID RECORDED MAP AND THOSE PORTIONS OF LOTS
29 AND 31 LYING BETWEEN THE LINE ESTABLISHING THE EASTERLY TERMINUS OF SAID
COURT AND THE EASTERLY LINE OF LOT 31 AS CONTAINED WITHIN THE ABOVE DESCRIBED
PROPERTY.
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 1B
NOTICE I
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.
NOTICE II
As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party 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 1866E 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 Califomia.
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 ($00,000), 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 case -by -case basis.
The parties to this transaction should seek an attorneys, 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 95B12-D651
(916) 845-49DO
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 19
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader
guidelines that govern our use of personal information regardless of its source. First American calls these
guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that
we may collect include:
• Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information
listed above to one or more of our affiliated companies. Such affiliated companies include financial
service providers, such as title insurers, property and casualty insurers, and trust and investment advisory
companies, or companies involved in real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that in to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled
responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values. We
First American 7-We Insurance Company
Order Number: NCS-167104-SC
Page Number: 20
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
First American Ttie Insurance Company
Order Number: NC5-167104-SC
Page Number: 21
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
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 tide 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, dimersions or location of
any improvement now or hereafter erected on the land; (W) 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 rotice 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
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, Q the effect of
any violation of any such law, ordinance or governmental regulation.
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.
Defects, liens, encumbrances, adverse datms, 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
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 22
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; 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
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 heretofore or hereafter furnished, imposed by law and not shown by the public
records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 197D
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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
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.
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 23
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.
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.LT.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, attameys' 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 (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 bemuse 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:
(1) 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 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.
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.
First American Title Insurance Company
order Number: NCS-1671D4-SC
Page Number: 24
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
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:
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, dimersions 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 whfchthe-land is -or was a-part;-er-(iv)-environmental-protection,-or-the-effect_of-any-violabon-afJiiese laws ozdinances 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 rot 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.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Tide 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, attomeys' 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:
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 25
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.
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.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 19DB
Covered Risks 14 (Subdh ision Law Violation). 15 (Building Permit). 16 (Zoning) and 1S (Encroachment of boundary vralls or fences) are subject to
Deductible Amounts and Maiimum Dollar Limits of Liability
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 ordinances, laws and
regulations concerning:
a. building b. zoning
r- 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;
cc 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, BA, 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.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
First American Title Insurance Company
Order Number: NCS-167104-SC
Page Number: 26
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. This exclusion
does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this 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. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this 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 o� Policy whidi would be binding on the rights off purchaser for value -wit t —
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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8,
16, 17, 19, 20, 21, 23, 24 and 25); 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 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:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee. insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(1) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged
thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest
is greater as a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
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:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE
13, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 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 arim by reason of:
Part One:
First American Title Insurance Company
Order Number: NCS-1671D4-SC
Page Number: 27
l . 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, clai ns or title to
water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public
records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE
First American Title Insurance Company
�i Q/F3FICE A COUNTY ASSESS
MONT�A-e VISTA, PARK
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LAWRENCE E STONE - ASSESSOR
Codoslral mop Iw ossessmenl purposes w,ly
Compiled under R 8 T Code. Sec 117
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OFFICE OF COUNTY ASSESSOR - S
LARA COUNTY, CALIFORNIA
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LAWRENCE E STONE — ASSESSOR
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Effedioe R.1 Year 2004-2005
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np for assessment purposes mly
under R k T Code, Sec 377
Roll Year 2004-2005
O F F I C E O F C O U N T Y A S S E S S O R A N T A C L A R A
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5v. li 125 I I rAda5lral mop (e msessmed purposes mly
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ENCE E STONE — ASSESSOR
el mop Im .,ms_enl pmpmes mly
led under R de T Code, Sec 327
I— R°ll Year 2004-2005
OFFICE OF COUN TY ASSESSOR N T A C L A R A COUNTY C A L I F 0 R N I A gOf PAGE
3� . A
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4B
EnnaSTONE — ASSESSOR
C6daslral lralmap fa assessllatl purpase5 mIY
Camphd under R & T Cade, Sec 327
Effectlw Roll Year 2004-2005
O F F I C E O F C O U N T Y A S 5 E S S 0 R - S AN T A C L A R A G O U N T Y, C A L I F 0 R N I A
LOTS 4, 9, 19, Z5 -
LOTS 5, B, la, 24 -
1.33
LOTS 6, 7, 14, 17, 23 • .
TYPICAL LOT DETAIL
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P A G E
13
COLONY TRACT
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LOTS 3, 10, 20, 26 7~
TRACT NO. 5562
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m LAWRENCE E STONE -ASSESSOR
/ / Cudoelrel mop V osen—i purpon only
— .e�c L — -- T---MR CLELLAN —RD.— ��� �� Compiled under R & T Cede, Sep 327
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