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99-058 Stocklmeir property sale, 22120 Stevens Creek Blvd., Reso 99-187 (x-ref 04-114)
RECORDING REQUESTED BY: Fidelity National Title Company - Cupertino Escrow No. 311100 -DP Title Order No. 0031110011)%� When Recorded Mail Document and Tax Statement To: CITY OF CUPERTINO- PUBLIC WORKS DIRECTOR 10300 TORRE AVE CUPERTINO, CA 95014 DOCUMENT: 14879616 111111111111111111111111I Titles:l / Pages Fees....* No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Fidelity National Title Ins. RDE # 004 7/01/1999 3:08 PM GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) Documentary transfer tax is [ X ) computed on full value of property conveyed, or [ I computed on full value less value of liens or encurnbrances remaining at time of sale, [ I Unincorporated Area City of Cupertino FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alan L. Stocklineir and JANET STOCKLMEIR TRANKLE, and PAMELA T. STOCKLMEIR, and KURT M. STOCKLMEIR, and ALAN L. STOCKLMEIR, TRUSTEE OF THE ALAN STOCKLMEIR REVOCABLE TRUST, DATED FEBRUARY 25, 1998. hereby GRANT(S) to CITY OF CUPERTINO, a California Municipal Corporation the following described real property in the City of Cupertino County of Santa Clara, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: June 29, 1999 STATE OF CALIFORNI COUNTY nF ON 2.9 9 before me, G personally appeared lelLAi L. Smcki-ME) P— `IA1�1ET SioGkc,iid)2 il�ftnrlcL� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execut the instrument. Witness m hand d I seal. Signature Alan L. Stockklll�Imeir J ET STOCKLMEIR TRANKLE PAMELA T. STOCKKLM R KURT M. STOCKLMEIR ALAN L. STOCKLMEIR, TRUSTEE OF THE ALAN STOCKLMEIR REVOCABLE TRUST, DATEDFEBRUARY 25, 1998. �L By: ALAN L. STOCKLMEIR, Trustee D, PATRICK �s "� Comm. # 1194801 �• NO PUBLIC -CALIFORNIA UI \; `• MAIL TAX STATEMENTS AS DIRECTED ABOVE >1 Santa Clara County ^� .4y Comm. Expires 5f,pt. 6, 2002 i FD -213 (Rev 7/96) GRANT DEED Escrow No. 311100 -DP Title Order No. 00311 100 EXHIBIT ONE PARCEL ONE: Beginning at the point of intersection of the Southerly line of the Stevens 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 481 30' East 110.55 feet; South 590 45' East 132.00 feet; South 45° East 162.03 feet; South ° 37' East 122.10 feet; South 4° 8' West 231.66 feet; South 240 West 80.26 feet; South 36J ° West 199.32 feet; South 251 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 361, 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 41 41' West 339.24 feet to a station designated D.S.r; North 40 11' West 191.40 feet to a pipe; and North 121 1' West 448.00 feet to a pipe at the Northeasterly corner of said Inspiration Point, Monta Vista; thence North 370 42' West 13.00 feet to a pipe on said Southerly line of Stevens Creek Road; thence along said Southerly line of Stevens Creek Road, North 890 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 88. Excepting therefrom all that certain land conveyed to The City of Cupertino, a Municipal Corporation recorded September 29, 1986 as Instrument No. 8962038 in Book J861, Official Records, page 2072, more particularly 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 1 1 ° 58' 43" West 42.00 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 5.80 feet to the intersection thereof with a non -tangent curve having a radius of 988.01 feet, the radius point of which bears South 1311 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 00 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; Thence continuing Easterly on the arc of a curve having a radius f 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 1 1 ° 03' 52" East; Thence North 780 56' 08" 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 say line of Stevens Creek Boulevard, South 881 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 TWO: 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 Calfiornia on November 30, 1976, in Book 384 of Maps at pages 18 and 19. PARCEL THREE: 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: Parcel 1: 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 70 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 820 45' 00" 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 North 530 00' 28" West, 55.00 feet to beginning of a tangent curve; thence on a curve to the left having a radius of 204.00 feet, through a central angle of 231 00' 00"", for an arc length of 81.89 feet; thence North 74-0 00' 23' West, 63.75 feet to the beginning of a tangent curve,; thence on a curve to the left having a radius of 104.00 feet, through a central angle of 81 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 20.00 feet, through a central angle of 401 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 0° 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 11 ° 45' 23", for an arc length of 27.91 feet; thence South 740 00' 08" East, 63.75 feet to the beginning of tangent curve; thence on a curve to the right having a radius of 236.00 feet, through a central angle of 231 00' 00", for an arc length of 94.74 feet; thence South 51 ° 00' 20" East, 20.69 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 20.00 feet, through a central angle of 481 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 731 25' 51" for an arc length of 32.04 feet; thence North 820 45' 00" 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' 00" 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. Parcel 2 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 if filed for record in Book 110" of Maps, page 88, Santa Clara County Records, distant thereon along said Westerly line North 20 15' 00" 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, frorn 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 991 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 20.0-0 feet, through a central angle of 400 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 71 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 103.00 feet, through a central angle of 48° 30' 00", for an arc length of 87.19 feet; thence North 580 30' 28" West, 106.00 feeet to beginning of a tangent curve, thence on a curve to the right having a radius of 103.00 feet, through a central angle of 48 30' 00", for an arc length of 87.19 feet, thence North 580 30' 28" West, 19.62 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 2000 feet through a central angle of 371 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 77° 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 81 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 2083 feet; thence South 581 30' 28" East, 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 720 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 81 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 20.00 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 1060 36' 14", for an arc length of 46.51 feet; thence North 870 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 20 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 lin of Lot 31 as contained within the above described property. PARCEL 4: Lot "B" as laid down, designated and dolineated upon that certain Map antit-led "Map of Russell Hurst, Monte Vista", which Map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book "P" of Maps at Page 22. APN#357-09-053 & 326-17-004 �':'ity of Cupertino July 1, 1999 To �Nnlom It May Concern: City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS The City Council of the City of Cupertino, by Resolution No. 99-187, approved the purchase of parcels APN 357-09-053 and 326-17-004, otherwise known as the Stocklmeir property. In accordance with the agreement, the City hereby accepts the grant deed. BJV/cs ATTEST: City Clerk Printed on Recycled Paper RESOLUTION NO. 99-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT FOR PURCHASE OF PROPERTY LOCATED AT 22120 STEVENS CREEK BOULEVARD, APNs 357-09-053, 326-17-004 WHEREAS, an agreement between the City of Cupertino and between between Alan L. Stocklmeir, Janet Stocklmeir Trankle, Pamela T. Stocklmeir, and Kurt M. Stocklmeir, as tenants in common, and Alan L. Stocklmeir, Trustee of the Alan Stocklmeir Revocable Trust, Dated February 25, 1998, owners of 22120 Stevens Creek Boulevard, APN 357-09-053, 326-17-004, outlining the terms and conditions for purchase of 22120 Stevens Creek Boulevard, has been presented to the City Council; and said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April, 1999, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Dean NOES: None ABSENT: None ABSTAIN: Statton ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ Wally Dean Mayor, City of Cupertino ►►►II Fidelity National Title Company PUtiL1e WORKS r CITY OF CUPERTINO-PUBLIC WORKS DIRECTOR 10300 TORRE AVE. CUPERTINO, CA 95014 DATE: July 8, 1999 a_qA ESCROW NO: 311100 -DP PROPERTY ADDRESS: 22120 Steven Creek Boulevard and non -situs Orchard St., Cupertino, CA 95014 The above referenced escrow has closed as of this date. The following item(s) are enclosed for your records: Check 63065 in the amount of $890.00 Chech 63198 in the amount of $6,600.00(refund of Transfer Tax) Certified Copy of Closing/RESPA Settlement Statement PROPERTY TAXES ARE YOUR RESPONSIBILITY. The law does not require that Property tax statements or notices be mailed, but it places the responsibility for payment entirely upon the owner after the close of escrow. First installment is due and payable November 1 and delinquent December 10; second installment is due and payable February 1 and delinquent April 10. If you do not receive a property tax bill one month prior to delinquency, a written request, including the assessors parcel number and legal description, must be made to the County Tax Collector. However, if yours is an impounded loan, property taxes will be paid by the Lender when due. Recorded documents to which you are entitled will be mailed to you by the County Recorder. We trust that this transaction has been handled to your satisfaction and look forward to the opportunity of seeing you again in the near future. CinrPrPiv <_'4 - Diane P Escrow (408) 996-7177 DS enclosure(s) 10300 South De Anza Blvd. Suite A 0 Cupertino, CA 95014 • (408) 996-7177 • FAX (408) 252-8029 A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Fidelity National Title Company - Cupertino B. TYPE OF LOAN 1 • [ 1 FHA 2. [ 1 FmHA 3. [ 1 Conv. Unins 4. [ 1 VA 5. [ 1 Conv. Ins 6. ESCROW NUMBER: 7. LOAN NUMBER: 31 1 100 -DP 8. MORTGAGE INSURANCE NUMBER: NOTE: THIS FORM IS FURNISHED TO GIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "(P.O.C,)" WERE PAID OUTSIDE OF THE CLOSING: THEY ARE SHOWN HERE FOR INFORMATIONAL PURPOSES AND ARE NOT INCLUDED IN THE TOTALS. D. NAME OF BORROWER: THE CITY OF CUPERTINO E. NAME OF SELLER: Alan L. Stocklmeir 10240 STONYDALE DRIVE CUPERTINO, CA 95014 F. NAME OF LENDER: G. PROPERTY LOCATION: 22120 Steven Creek Boulevard and non -situs Orchard St. Cupertino, CA 95014 H. SETTLEMENT AGENT: Fidelity National Title Company - Cupertino I. SETTLEMENT DATE: 07/01/1999 PLACE OF SETTLEMENT: 10300 South De Anza Blvd. Suite A Cupertino, CA 95014 J_ SUMMARY OF BORROWER'S TRANSACTIONS ... K. SUMMARY OF SELLER'S TRANSACTIONS €(t)S:S ::::: .;:.;::,.. ::.:...:::::.::.::.::.::::::::::::::::::::.::.::<,:.;:.;:.>:.::.:..::.;:.;::.:;:.;:.;:.;:.; :.:::::» s..., .:.:....:..::..:...:..... . : 0�7...:€�•f��:aS:.,Rf�1�h.�.EU7 €7U:E;;'t'O:.:SJLLER 101. Total Consideration 6,000,000.00 401. Contract Sales Price 102. Personal Property 402. Personal Property 103. Settlement charges to borrower (line 1400) 11,512.00 403. 104. 404. 105. 405. Adjustments: Items Paid by Seller in AdvanceAdjustments: Items Paid by Seller in Advance 106. City/Town Taxes 406. City/Town Taxes 107. PPD County Taxes fr 06/30/99 to 07/01/99 4.69 407. County Taxes 108. Assessments 408. Assessments 109. 409, 110. 410. 111. 411. 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 117. 417. 118. 18. 120. GROSS AMOUNT DUE FROM BORROWER 6,01 1 ,516.69 20. GROSS AMOUNT DUE TO SELLER ". ,. >:>:::: < :::;: ::::::>: ; < ;::>:: ;:>:: Wiz::: ....:. >:::..<::::::::...:.:...;;;;:.;;;;;;;;;;;;;>;: ;2011 Ait/1t(3NTGA E(?;5::::rt.[i>1:::1r1L:F OF f.:C?,[�3:rSJ?':;;:: ::.:.. .:....; ... , .;>:::,;;; .:.; ::. ,::: ; :.;::..; :::;:: ; .:::. ..:..:.. _.::::::.::::::::::::::::::::: �.z::i1r.D1J? k(Q JS;.IN.>MQlJP3:::Q:L3E r� :: ::>i:: ,•: 201. Deposit or earnest money 6,018,1 1 6.69 301. Excess deposit (see inst.) 202. Principal amount of new loan(s) 302. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. SECURITY DEPOSIT 500.00 504. 205. 505. 206. 506. 207. 507. 208. 508. 209. 509. Adjustments: Items Unpaid by SellerAdjustments: Items Unpaid by Seller 210. City/Town taxes 510. City/Town Taxes 211. County Taxes 311. County Taxes 212. Rent fr 07/01/99 to 07/19/99 390.00 1512. Assessments 213. 13. 214. 514. 215. FICIE 1'TY N A'r)ONAL TITLE 315. 216. hereby ok,. ; � �� 16. 217. _ '6;'ii: 17. 218. 518. 219. 19. 220. TOTAL PAID BY/FOR BORROWER 6,01 9,006.69 520. TOTAL REDUCTIONS IN AMOUNT DUE SELLER ..:..::..::::.::::::..:.:::.............:::::::......... ....; ; 3'Qti ;G E. /xT:`S ETTLE '.....::.;;:..::. :.; • :.::.;:.;:.;:.;>;.............;:.;::>:: Nk[ (?1 .: RC7N1/ FtJ :$QI Fii3!N [ :............:>:«:.:> :::.;..... :;:::::.;::: OC1..:C .vc#(.;AT..S TilihilEN:::>:f tDIVI'.T:CY:::S LLE .;::.:: .... {.::.:.:.:. .. R 301. Gross amount due from borrower (line 120) 6,011,516.69 301. Gross amount due to seller (line 420) 302. Less amounts paid by/for borrower (line 220) 6,019,006.69 302. Less reduction in amount due seller (In 520) 303. CASH ( FROM) (XX TO) BORROWER 7,490.00 303. CASH ( FROM) ( TO) SELLER L. SETTLEMENT STATEMENT Escrow= 311100-DP 71.+, TiAL."s.)i^HEfK�f3.S:.CC)M.MI.551.ON:;ba:seci..on.;p:rEce:::S;60011,i10>1(3tx0OC1°lb>:j0;..........;,: PAID FROM PAID FROM :.:;•;.•.. >:>:>::::>:>:>:>:>:: ......::::.: ;:>;>:>:>:::: ;:. . BORROWER'S SELLER'S Division of Commission (line 700) as follows: FUNDS AT SETTLEMENT FUNDS AT SETTLEMENT 701. 702. 703. 704. .;..........:....::..::....:::....:.:....:.:.... :..:............;:..:....::::.; . :1BE'.:a<:QiiC:•T.::EQi:::1?»E OA: N::::':::: .... .... 801. Loan origination fee 802. Loan Discount 803. Appraisal fee 804. Credit report 805. Lender's inspection fee 806. Mortgage Insurance Application Fee 807. 808. 809. 810. 811. 812. 813. 814. »:..:......................................................... . 974a..)TFMS.:Rt 4 1REp.>) .;L: 1113E1 :<Tt :::..E:':::[13:t?L:R?VAI G.....:::::::..................:.:...:.................:::.;:.;:.;:.;:.;:.;;;>;;;:.;:.;.;.;.;.;:::..:.::.::::. ... ::::....:::::::::::::. :.:...... ............................. 901. Int @ Day from to 902. Mortgage Insurance Premium 903. 904. 905. ..:....:... ; .............. ::::::::::::::. ::.:. «.....::..:.:.: :.: S.. NDER ..... . 0£10. �f ::::: ::»::>::>::>::>::>::>::>::;: ;:.;:.::.;:.;:.;:.. : . ...... s 1001. Hazard Insurance months @ $ per month 1002. Mortgage Insurance months @ $ per month 1003. City property taxes months @ $ per month 1004. County property taxes months @ $ per month 1005. Annual assessments months @ $ per month 1006. 1007. 1008. . ::::::::. ..:............. . 1101. Settlement or closing fee to Fidelity National Title Company - Cupertino 1,500.00 1102. Abstract or Title Search 1103. Title Examination 1104. Title Insurance Binder 1105. Doc Prep Fees 300.00 1106. Notary Fees 20.00 1107. Courier Fees 35.00 1108. Title Insurance Fidelity National Title Company - Cupertino 9,625.00 1109. Lender's coverage - $ 0.00 1110. Owner's coverage CLTA Standard Policy - 1990 Form $6,000,000.00 1111. Wire Fee 20.00 1112. 1113. 1114. 1115. 1116. ,., c<3:200. Go -V.. i1/f>. :;1: C0RRfi�fC� RNQ;TRAN .: F::::HA F .:::. ::::::::::::::::::. 1201. Recording Fees: Deed $ 12.00 Mortgage $0.00 Releases $0.00 12.00 1202. City/Count tax/stamps 0.00 Mortgage $ 1203. State Tax/stamps: Deed $ 0.00 Mortgage $ 1204. 1205. ...........:.....: .. .; 1301. Survey 1302. Pest Inspection to 1303. 1304. 1305. 1306. h relov Certi ee felt r^. 1307. of the 1308. 1309. 1310. 1311, 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section K) 11,512.00 Thursday, July 8, 1999, 14:35 Escrow: 31 1 100 -DP ATTACHMENT TO RESPA BUYER SELLER SELLERS: JANET STOCKLMEIR TRANKLE CA and PAMELA T. STOCKLMEIR CA and KURT M. STOCKLMEIR CA and ALAN L. STOCKLMEIR, TRUSTEE OF THE ALAN STOCKLMEIR REVOCABLE TRUST, DATED FEBRUARY 25, 1998, 10240 STONYDALE DRIVE CUPERTINO, CA 95014 DEPOSITS TO ESCROW THE CITY OF CUPERTINO 6,018,1 16.69 FIDELITY NATIONAL TITLE horebi Cei fi'r0,�s . �a: thI I air�!� COPY �i' ahp" crlm al Fidelity National Title Company 10300 South De Anza Blvd. Suite A • Cupertino, CA 95014 (408) 996-7177 • FAX (408) 252-8029 DATE: July 8, 1999 TIME: 14:36:08 ESCROW NO: 311100 -DP ESCROW OFFICER: Diane Patrick CLOSING DATE: July 1, 1999 BUYER FINAL CLOSING STATEMENT SELLER(S): Alan L. Stocklmeir and JANET STOCKLMEIR TRANKLE and PAMELA T. STOCKLMEIR and KURT M. STOCKLMEIR and ALAN L. STOCKLMEIR, TRUSTEE OF THE ALAN STOCKLMEIR REVOCABLE TRUST, DATED FEBRUARY 25, 1998. BUYER(S): THE CITY OF CUPERTINO PROPERTY: 22120 Steven Creek Boulevard and non -situs Orchard St., Cupertino, CA 95014 S DEBITS $ CREDITS FINANCIAL: Total Consideration 6,000,000.00 Deposit - THE CITY OF CUPERTINO 6,018,1 16.69 PRORATIONS/ADJUSTMENTS: Prepaid County Taxes at $844.37 Semi -Annual from 4.69 06/30/99 to 07/01/99 Rent at $650.00 Month from 07/01/99 to 07/19/99 390.00 SECURITY DEPOSIT 500.00 TITLE CHARGES: CLTA Standard Policy - 1990 Form for 6,000,000.00 9,625.00 Recording Deed 12.00 ESCROW CHARGES Escrow Fee 1,500.00 Doc Prep Fees 300.00 Courier Fees 35.00 Notary Fees 20.00 Wire Fee 20.00 BUYERS REFUND $ 7,490.00 TOTALS $ 6,019,006.69 SAVE THIS STATEMENT FOR INCOME TAX PURPOSES FII?! 'L[7",' NP -.TIO)',' "-.i_ TITLE hereby c6riliiee, tho," tl 'Z .e a ted copy a9 iti'3 ,r:ai $ 6,019,006.69 IVV 1 S TA PROPERTY DISCLOSURE "Your #1 Source for Real Property Disclosure Reports" Mandatory Disclosure Map 22120 Stevens Creek BZ & Orchard Ct 22120 Stevens Creek B1 & Orchard Ct Cupertino, CA 95014 IS ❑ IS NOT 2 located in a Wildland Fire Area. IS ❑ IS NOT 2 located in an Alquist-Priolo Earthquake Fault Zone. ♦IS 2 IS NOT ❑ located in a FEMA Special Flood Hazard Zone. IS ❑ IS NOT 0 located in a Seismic Hazard Area. IS ❑ IS NOT 0 located in a Bates High Fire Hazard Area. *IS 2 IS NOT ❑ located in a Dam Inundation Area. Please see the FEMA Flood Certificate for detailed information Please refer to Schedule "A" for further information Copyright©1998 Vista Information Solutions, Inc. 100 North Winchester Blvd #240 Santa Clara, CA 95050 (408) 261-6450 Map Legend Wlldland Fire Area AP Fault Zones ® FEMA Flood Zones ® Seismic Hazard Areas i r Bates Fire Hazard Area Dam Inundation Hazard Zones ® Bodies of Water and Rivers City Regions 23 -Jun -99 APN: Multiple parcels PRN: 061799-204 Report Page 1 of 8 iov V 1 S TA PROPERTY DISCLOSURE "Your #1 Source for Real Property Disclosure Reports" Expanded Disclosure Map 22120 Stevens Creek Bl & Orchard Ct Cupertino, CA 95014 01 ¢ t f ir 4 \ \\ I `M\ I ¢ I ¢ I 1 \ k \\\ I 7-7 \- 11 CUPERTINO,�. r \ u __', \k'', DROP 1 l „, , JUP 7= O� 11 I I w.. I —1 \\ \ \ 1111 \ \/ V Z'`�— L I 1 I . f I I AV I `��. I ORCHARD CT /--�— __T I z' 11 I%``l /\ / I $0 I Y 1 f _ �,, , l— i' SILVip CW WV I k \/ \ I W \ I iXJQYII--�C_�PEF�INO RD I i I --I I Y T 1 111!_ _ I IACP m (D 1 I 11 O 1 2D _ J_ ��. ! T 1 aTEVENS CREEK F2LVD 99 I L— 1 1 \ 11 1 —1 D I 1 I r0 I?\ r o < Z z : c� 66 1AV I l < 11 f Tr -1 t \ \\\\ rn DUpONq,VIr 11 o ' O 1 z CO 1 n w mLo l >I I� ' I L \_ A VASA\ ✓ ` p ( 11 1AM I VOSS AV F 1 z JI ¢ 1 . �Y'r ._ — 1 -; 1 ' \ I, g \\\\ / I I 01 < 1 154h I�1 7--�-- --�_ —1 % I \\\\M r LL 1 3 PALMIAV IS I V}1� \_ I Z 1 I k/ \\\\h O~ m ►-- — — —.-1I ��2, I y -.I. Z r--- > T-- NTA PAULA AV 1 p `� _ 1 t l I- `- 1 1 \p� Mr a FI i \x\90 A'. 22120 Stevens Creek B1 & Orchard Ct Cupertino. CA 95014 IS ❑ IS NOT [1 in an Expanded Fault Special Studies Zone. IS ❑ IS NOT Q located in a City/County Flood Hazard Area. *IS [J(. IS NOT ❑ in an Expanded Seismic/Geologic Hazard Area. IS ❑ IS NOT [1 in a City/County High Fire Hazard Zone. Please refer to Schedule "A" for further information Map Legend ® Fault Zones ® Flood Hazard Zones Seismic Hazard Areas r� High Fire Hazard Area Bodles of Water and Rivers City Regions 23 -Jun -99 APN: Multiple parcels ERN: 061799-204 This map shows natural hazards obtained from maps which are either: 1) in official use by a local government or, 2) "readily available" at a local government agency. They are not mandated disclosures according to AB 1195 because they are not extrapolated from "officially -adopted" State of California maps. The fact that they do exist and are often in use by local government planning and building departments, implies a significant civil liability if not disclosed. Copyright© 1998 Vista Information Solutions, Inc. 100 North Winchester Blvd #240 Santa Clara, CA 95050 (408) 261-6450 Report Page 2 of 8 Much of what you need to know today regarding natural hazards, if you are a buyer or seller of real property in California is contained in this VISTA Property Disclosure Report This VISTA PROPERTY DISCLOSURE Report includes information required to be disclosed to any buyer of real property in California. This disclosure is intended to assist the buyer in ascertaining whether or not the Property is located within certain zones (or areas) that could have adverse impacts (perceived or otherwise) on the Property. An explanation of these zones is as follows State Mandated Natural Hazards Disclosure Statement The completed NHDS form is included at the end of this report. This is the new hazard disclosure form required by the State of California to accompany Real Property sales transactions. All you will need to do is sign the form, and present it to the buyer. VISTA Property Disclosure has researched governments for the availability of the official maps pertaining to the required hazard disclosures. Where no official maps were found, or are not available for the area, VISTA Property Disclosure has checked the disclosure item as "NO". Where official maps are available, and the Property is determined to be within the hazard zone, VISTA Property Disclosure has checked the item "YES". Where official maps have not been acquired; by law, VISTA Property Disclosure has checked the item "YES". The "NOT AVAILABLE" box will be checked for Dam Inundation disclosures unless official map determinations have been made. Occasionally, VISTA Property Disclosure will indicate that the property is "near" a zone boundary, and recommend that the Map Authority (such as the government who has adopted the map) make the final determination. In some cases, it might be necessary to change the status box on the NHDS form to reflect the final determination made by the Map Authority. State Fire Responsibility Area A State Responsibility Area (SRA) is a zone where the state (as opposed to city or county fire departments) has the responsibility for wildland fire suppression. Property owners in SRA areas are responsible for organizing structural fire protection services. If no such fire service exists, there may be significantly added risks associated with fires. Additionally, governmental institutions may force new or additional constraints in an SRA. The source of this data is the official "State Responsibility for Fire Protection Maps" that the State of California publishes. Hish or Very High Fire Hazard Area These are zones where the physical conditions of the area, including such factors as fuel, slope, and weather could cause fires that are more severe, more difficult to put out, and, as a result, could cause more damage. In most cases, if the property is in one of these areas, a Class "A" roof will be necessary for new construction or roof replacement. Other fire defense improvements including minimum clearances around structures may be required to be maintained. Sources of this data are the Bates fire zone maps, and government agencies or their appointed research contractors. Alquist-Priolo or Other Designated Earthquake Fault Zones Alquist-Priolo Earthquake Fault Zones (AP) are areas designated by the State of California where earthquake fault zones have been mapped, and are referred to as the Alquist-Priolo Special Studies Zones. These zones can be as narrow as 600 feet, or as wide as about 1500 feet, extending to either side of a known or suspected fault. In these areas, the ground may be more likely to fracture during an earthquake along the particular fault for which the zone is designated. Some cities and/or counties have created their own fault zone maps that add to or change boundaries of fault zones when compared to the Alquist-Priolo zones. Where reasonably available, in addition to the AP maps, VISTA Property Disclosure uses local city or county agency maps. If a property is located within a designated geologic fault zone, a geologic study may be required prior to any new or additional construction, and construction requirements may be more expensive. In addition, the availability of insurance and its relative costs could be impacted. This zoning information is derived from the official "Earthquake Fault Zone Maps" as maintained and published by the California Division of Mines and Geology, and from available City and/or County maps. Geologic and Seismic Hazard Zones The Department of Mines and Geology (DMG) is in the process of performing a study to identify areas of California that are more susceptible to landslides, liquefaction, and ground failure. These maps will be released over approximately a 10 - year period beginning in 1996. Upon their release, Cities and Counties affected by the maps must require that sellers of properties located within the various zones must disclose this hazard to any buyer of the property. Some counties and cities have published their own maps of areas that have been designated as zones of geologic or seismic hazards. These zones, as with the DMG maps, are areas susceptible to landslides, liquefaction, and/or areas of potentially heavy shaking or ground failure during an earthquake, possibly resulting in structural damage. Where data is reasonably available, the VISTA Property Disclosure report will identify these geologic hazard zones. If the property is within one of these zones, a geologic study may be required prior to any new or additional construction. There may be special permitting requirements or restrictions, and construction requirements may be more expensive. This zoning information is obtained from reasonably available official and unofficial maps published by applicable City, County or Regional governments. Mello -Roos Community Facilities Districts: Mello -Roos Community Facilities Districts are special taxation districts, legislated by local governments, and formed in order to finance certain public services. School district expansions, police and fire services, parks, emergency services, Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 3 of 8 100 N Winchester Blvd #240 + Santa Clara + CA + 95050 + (888) 261-6450 ERN: 061799-204 libraries, etc. are examples of public services funded through Mello -Roos Districts. Areas effected by Mello -Roos are taxed in the form of continuing liens against property owners within the service areas. taxes on properties in these areas may be greater than what normally be the case. Special Flood Hazard Areas These zones include "Special Flood Hazard Areas" where, in any given year, there is a 1% chance that a portion or all of the property is likely to be inundated floods, as determined by the Federal Emergency Management Agency Federal Insurance Administration (FEMA). Some Cities and/or Counties publish their own maps which designate local flood hazards that might vary from the FEMA maps. If the property is partially or wholly located within a "Special Flood Hazard Area", the lending institution will likely require flood insurance. The cost of such insurance will be much greater than what would normally be the case. Additionally, governmental restrictions may impact new or additional construction in such a zone. The source of the FEMA data is the "Q3 Flood Data Maps" as produced by FEMA. Dam Inundation Areas These zones are areas where, in the event one or more nearby dam(s) or dike(s) fail or overspill, the property could be subject to flooding and/or damages associated with flash flooding caused by the dam or dike failure(s). There are more than 1400 dams in California - about 75% of which are earthen or rock constructed. Dam failures can be caused by severe earthquakes, or by heavy rainfall resulting in flooding, and overfilling of the reservoir. Some Cities and/or Counties publish their own maps which designate local flood hazards and dam inundation areas that might vary from the FEMA maps. Where reasonably available, these maps are also used in the VISTA Property Disclosure Reports. If the property is located within a Dam Inundation Area, there is currently no requirement for the lending institution to demand flood insurance (as would be the case if the Property were within a FEMA Special Flood Hazard Area). As such, insurance rates will not likely be effected. The map sources include reasonably available official and unofficial maps published by applicable City, County or Regional governments, and the Office of Emergency Services (OES) Dam Inundation Maps. If the Property is located close to, or within a designated zone, a Schedule "A" is attached to this report" Schedule "A" contains explanations of identified potential impacts. Whenever possible, VISTA Property Disclosure attempts to utilize the most recent maps indicating geologic conditions which are officially used by governmental entities in determination of the various zones which are disclosed All legally required disclosure maps for the particular zones in question are always represented If a City has adopted a set of their own seismic hazard maps, for each reported seismic hazard zone, VISTA Property Disclosure will base the disclosures on the available City maps. If not, we defer to the next highest authority (county), and if the county has no adopted maps, we defer to the State or federal government agencies. For example, VISTA Property Disclosure will not report the county seismic hazard maps IF the city has adopted maps FOR THE PARTICULAR HAZARD ZONES IN QUESTION. If the city has no maps for a particular hazard (example; landslides), but the county does, VISTA Property Disclosure will use the county maps for that particular hazard disclosure. State and federal agency maps (unless they are part of a mandated disclosure,) are used as a last resort. There are occasions when hazard maps are not available to the public, are not officially adopted for use by the applicable governmental entity. In such cases, these maps have not been utilized in preparation of this limited VISTA Property Disclosure report, because they were not "reasonably available': VISTA Property Disclosure uses a more sophisticated map reconnaissance technique than that of most of our competitors. As a result, VISTA Property Disclosure may disclose hazard zone data that cannot be interpreted by competitors, and therefore is not disclosed in competitor's reports. VISTA Property Disclosure Disclosure Reports, therefore, often contain information that appears to contradict that of competitor's reports. This only demonstrates the superior nature of VISTA Property Disclosure's reporting capabilities. This VISTA Property Disclosure Report has been issued, and the Recipient of this Report agrees to read, utilize and act upon the information contained in this Report subject to the Terms, Conditions and Limitations of this VISTA Property Disclosure Report as specified in Schedule `B" Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 4 of 8 100 N Winchester Blvd #240 4 Santa Clara 4 CA 4 95050 4 (888) 261-6450 ERN: 061799-204 Schedule "A.. Explanation of Identified Potential Impacts If the Subject Property has been mapped within or near a designated hazard "zone'; The following is an explanation of the potential impacts. If additional information or explanation is needed, please feel free to call the E/Risk toll-free 'Hot -Line' at (888) 261-6450. Descriptions for Mandatory Disclosure: In an Office of Emergency Services (OES) Designated Flood Inundation Area from a Dam Failure The Property at 22120 Stevens Creek Bl & Orchard Ct Cupertino, CA 95014 is located in an area of potential flooding that could be caused as a result of an instantaneous dam failure, as identified by the Office of Emergency Services (OES). These zones are areas where the Property could be subject to flooding and/or damages associated with flash -flooding caused by instantaneous failure of a local area dam. Although VISTA Property Disclosure does disclose these State Mandated Hazard zones, they are notart of the "official" flood hazard zones as designated by the Federal Emergency Management Agency (FEMA) . As such, it is unlikely that insurance rates would be affected, or that there would be any significant consequences with respect to permitting and building requirements. If further clarification is desired, VISTA Property Disclosure suggests that the buyer contact his/her insurance company, and the local building and planning departments, and inquire about the significance (if any) of being in this zone. If known, the following are the dams potentially impacting this site: (Damil:Dami-OES) Site is located within a Special Flood Hazard Area The Property at 22120 Stevens Creek Bl & Orchard Ct Cupertino, CA 95014 is positioned on the map within a "Special Flood Hazard Area" as determined by the Federal Emergency Management Agency Federal Insurance Administration (FEMA). These are areas where a portion or all of the property has a I% chance each year of being inundated by flood waters. If the property is partially or wholly located within a "Special Flood Hazard Area", the lending institution may require flood insurance. The cost of such insurance may be much greater than the norm. The source of this data is the "Q3 Flood Data Maps" as produced by FEMA. PLEASE NOTE THAT IN SOME CASES, CITIES OR COUNTIES MAY HAVE TAKEN CORRECTIVE ACTION SINCE THE PUBLICATION OF THE CURRENTLY -USED FEMA MAPS. In these cases, the Property may NOT be located in the FEMA designated zone. VISTA Property Disclosure recommends that the buyer; 1) contact the city and/or county planning and building departments to ascertain if, in fact, the Property is still considered in a "100 year" flood zone; 2) contact his lending institution to ascertain the requirements for flood insurance, and; 3) contact his insurance company to ascertain the availability and cost of flood insurance. Descriptions for Expanded Disclosure: In a City of Cupertino Geologic hazard zone The Property at 22120 Stevens Creek Bl & Orchard Ct Cupertino, CA 95014 is located in a Ground Shaking, Ground Failure, and/or Ground Rupture hazard zone as designated by the City of Cupertino. These areas are described as having apotential for moderate to severe ground shaking during an earthquake, moderate to high landslide potential and moderate -high potential lateral spreading in certain areas of Stevens Creek canyon walls, with liquefaction potential low -moderate in certain areas. This zone includes areas with significant landslide potential. This zone also includes areas with moderate to high potential for ground rupture. The City usually requires special geologic studies for permitting construction or renovation in these designated zone. Some types of construction may be restricted. For clarification, VISTA Property Disclosure recommends that the buyer contact the local city building and planning departments to verify what impact being in this designated zone may have on future construction permitting. (Cup7:Cup-Land2) Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 5 of 8 100 N Winchester Blvd #240 + Santa Clara + CA T. 95050 4.(888) 261-6450 2ERN: 061799-204 Near a City of Cupertino Ground Shaking and Liquefaction hazard zone The Property at 22120 Stevens Creek Bl & Orchard Ct Cupertino, CA 95014 is positioned on the map within 500 feet of a Ground Shaking and Liquefaction hazard zone as designated by the City of Cupertino. These areas are described as having a potential for moderate to severe ground shaking during an earthquake, and perhaps subject to liquefaction in some locations. While the Property is NOT actually positioned on the map within the designated area, because of the inherent possibility of error between maps, and interpretation(s) of those maps, VISTA Property Disclosure recommends that the buyer contact the City planning and building departments with the address of the Property to verify that the Property is not considered to be within the designated zone. If the Property IS considered by the City to be with the designated zone, additional requirements for permitting construction or renovation should be evaluated by the buyer. (CUP2:Cup-Ligl) Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 6 of 8 100 N Winchester Blvd #240 + Santa Clara + CA + 95050 + (888) 261-6450 ERN: 061799-204 Schedule «B,, Terms, Conditions, and Limitations This report is issued to the Recipient as of the date specified on the map herein, subject to the provisions of this Schedule "B". VISTA Property Disclosure Division of VISTA Information Solutions, Inc. (hereinafter referred to as VISTA) has no obligation to advise any persons, including the Recipient, of any changes in relevant facts, conditions, or circumstances that occur after the date of the report. VISTA has no accountability, obligation, or liability to any third party. The VISTA Report (hereinafter referred to as "Report") is not a substitute for a physical inspection of the subject Property, examination of its physical conditions, and/or its surroundings by the Recipient and its consultants. This Report has been issued, and the Recipient of this Report agrees to read, utilize and act upon the information contained in the Report subject to the Terms, Conditions and Limitations of this Report as specified in this Schedule "B". VISTA has not made any physical inspections of the Property. VISTA relies on publicly available information and maps provided by private and public Government sources ("Records"), and assumes their accuracy, without any independent investigation. Conditions do change, however, and recent changes may not be reflected on the `official" maps, Government databases, or the Records. VISTA makes no representations or claims as to the accuracy of the Records. Some of the sources from which the records were created have made their data available in electronic format. In cases where the data is not available in electronic format, VISTA has performed the processes necessary to transpose the data. Copying maps, however, by using copy machines, blueprinting, or electronic transposition is potentially imperfect, whether performed by Government, or by VISTA. In addition, the pencil or pen lines on a particular map could range in width up to more than 250 feet. As such, the exact boundaries of the hazard zones are undeterminable without consulting the map authority. In some cases, therefore, VISTA will report that the property appears to be in "close proximity" to a designated zone, and in these cases, recommends that the interested party perform further research to confirm the actual disposition. VISTA is not responsible for errors or omissions in the official Records, files, maps or databases, and no warranty or guarantee is expressed or implied thereon. No opinion is given, no responsibility assumed, and no representation is made concerning the condition of the Property, whether structural, mechanical, or architectural. VISTA makes no claim concerning, and has no responsibility for: soil conditions, potential for flooding, drainage, settlement, subsidence, fire, compliance with applicable laws and zoning regulations, or any other occurrences that might be associated with zones, areas, or occurrences discussed in the Report. The Report does not represent or guarantee the condition of the Property. VISTA shall not be responsible for conditions or consequences arising from facts and information that were withheld or concealed, or not fully disclosed at the time this evaluation was performed. Recommendations made in the Report for this Property are based upon the data obtained and made available to VISTA. This report is not intended to be the only analysis of the Property by the Recipient and its consultants. The report was prepared to assist in decisions regarding this Property and its possible relation to the respective zones. No responsibility is assumed for the accuracy of the address or APN provided to VISTA by the ordering party of this report. Whether or not to purchase, and/or to insure the Property and its improvements is a personal decision by the owner for which VISTA assumes no responsibility for any costs or consequences arising from the purchase or non -purchase, and the necessity, lack of necessity, or desirability for any such insurance, including earthquake, flood, casualty, and/or liability insurance. The decision to insure or not should be made in consultation with the Recipient's insurance advisor, real estate broker/agent, and, if appropriate, an agent for the Federal Flood Insurance Program. As a result of having issued this Report, VISTA will provide reasonable consultation to the Recipient concerning the report and its contents. VISTA, however, will not be obligated to: (i) provide testimony or evidence of any nature in any contested proceeding; or (ii) involve itself in any consultation with Recipient, its attorneys, or any other third parties except under a separate contractual arrangement in its sole and absolute discretion. This Report is intended only to include information pertaining to various zones affirmatively discussed herein, and it does not in any manner whatsoever provide any other information concerning the Property not affirmatively discussed, including without limitation: a) state of title of the Property, including without limitation any exceptions to title, liens, encroachments, or other adverse matters which would be revealed by a real estate title examination and survey of the Property; b) status of the Property in relation to any California laws, including but not limited to the California Subdivision Map Acts; c) impact upon the Property of any federal, state, local laws, ordinances and regulations; d) conformance of the Property and any improvements with any applicable health, zoning and building codes; e) the physical condition of the Property and any improvements located thereon; ) property taxes, assessments of any nature including without limitation Mello -Roos District assessments; g) tax liens or forfeitures, legal proceedings, exceptions to title, easements, encumbrances, adverse claims of any nature, covenants, conditions or restrictions; h) regulations affecting the Property by any special state, local or federal political agency, including but not limited to flood control districts, California Coastal Commission, any joint powers district, water district or agency, or school district, and; i) any permits or any nature which may be required for the current or anticipated use of the Property by the Recipient. This Report shall be governed by and construed in accordance with the laws of the State of California. ACCEPTANCE OF THIS REPORT BY THE RECIPIENT, OR BY ANY THIRD PARTY CONSTITUTES ACCEPTANCE OF THE ABOVE TERMS, CONDITIONS, AND LIMITATIONS. LIABILITY BY THE COMPANY EXTENDS ONLY TO THE ORIGINAL INTENDED RECIPIENT, AND ALL PERSONS ASSOCIATED WITH THE TRANSFER OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO REAL ESTATE PROFESSIONALS. (Last modified on 2/27/99) Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 7 of 8 100 N Winchester Blvd #240 + Santa Clara + CA + 95050 + (888) 261-6450 ERN: 061799-204 NATURAL HAZARD DISCLOSURE STATEMENT This statement applies to the following property: 22120 Stevens Creek Blvd and Orchard Ct, Cupertino, CA 95014. APN: 357-09-053 The seller and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller and his or her agent(s) based on their knowledge and maps drawn by the state. This information is a disclosure and is not intended to be part of any contract between the buyer and seller. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V") designated by the Federal Emergency Management Agency. Yes _X _ No Do not know and information not available from local jurisdiction _ AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes X No Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone) Yes (Liquefaction Zone) No Map not yet released by state ---X — THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. [NHDS Supplement: The representations made in this NHDS form and report are based upon information provided by an independent third party as a substitute disclosure pursuant to California Civil Code 1102.4. Neither the seller nor seller's agent; 1) has independently verified the information contained herein; or 2) is personally aware of any errors or inaccuracies in the information contained on the form.] Seller represents that the information herein is true and correct to the best of the seller's knowledge as of the date signed by the seller. ,-;7 l p Signature of Seller 4 �C Date Agent represents that the information herein is true and correct to the best of the agent's knowledge as of the date signed by the agent. Signature of Agent Signature of Agent Buyer represents th Signature of Buyer Date this document. Date Professionally Certified Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 8a of 8 100 N Winchester Blvd #240 4 Santa Clara + CA + 95050 + (888) 261-6450 ERN: 061799-204 NATURAL HAZARD DISCLOSURE STATEMENT This statement applies to the following property: 22120 Stevens Creek Blvd and Orchard Ct, Cupertino, CA 95014. APN: 326-17-004 The seller and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller and his or her agent(s) based on their knowledge and maps drawn by the state. This information is a disclosure and is not intended to be part of any contract between the buyer and seller. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V") designated by the Federal Emergency Management Agency. Yes-- No Do not know and infonnation not available from local jurisdiction _X AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes X No Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone) Yes (Liquefaction Zone) No Map not yet released by state _X THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER. THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. [NHDS Supplement: The representations made in this NHDS form and report are based upon information provided by an independent third party as a substitute disclosure pursuant to California Civil Code 1102.4. Neither the seller nor seller's agent; 1) has independently verified the information contained herein; or 2) is personally aware of any errors or inaccuracies in the information contained on the form.] Seller represents that the information herein is true and correct to the best of the seller's knowledge as of the date signed by the seller. Signature of Seller Date g s Agent represents that the information herein is true and correct to the best of the agent's knowledge as of the date signed by the agent. Signature of Agei Signature of Age Buyer represents Signature of Buy( Professionally Certified Copyright © 1998 VISTA Information Solutions, Inc. All Rights Reserved Report Page: 8b of 8 100 N Winchester Blvd #240 + Santa Clara 4 CA 4. 95050 * (888) 261-6450 ERN: 061799-204 FEDERAL EMERGENCY MANAGEMENT AGENCY see the Attached O.M.B No. 3067-0264 STANDARD FLOOD HAZARD DETERMINATION Instructions Expires April 30, 1998 SECTION I - LOAN INFORMATION 1. LENDER NAME AND ADDRESS 2. COLLATERAL (Building/Mobile Home/Personal Property) PROPERTY ADDRESS (Legal Description may be attached) VISTA Property Disclosure Division Submitted: VISTA Information Solutions, Inc. 22120 Stevens Creek B1 & Orchard Ct 100 N Winchester Blvd Suite 240 Cupertino, CA 95014 Santa Clara, CA 95050 APN: Multiple parcels 3. LENDER ID. NO. 4. LOAN IDENTIFIER 5. AMOUNT OF FLOOD INSURANCE REOIRED 1061799-204 SECTION II A. NATIONAL FLOOD INSURANCE PROGRAM NFIP COMMUNITY JURISDICTION NFIP Community County(ies) State NFIP Community Name Number Cupertino SANTA CLARA CA 060339 B. NATIONAL FLOOD INSURANCE PROGRAM NFIP DATA AFFECTING BUILDING/MOBILE HOME NFIP Map Number or Community -Panel Number NFIP Map Panel Effective/ Flood No NFIP (Community name, if not the same as "A") Revised Date LOMA/LOMR Zone/Elevation Map 060339-0003C 5/1/80 ❑ A13/ C. FEDERAL FLOOD INSURANCE AVAILABILITY Check all that apply) QFederal ❑ Regular Program Q Emergency Program of NFIP Flood Insurance is available (community participates in NFIP). ❑ Federal Flood Insurance is not available because community does not participate in the NFIP. ❑ Building/Mobile Home is in a Coastal Barrier Resources Area (CBRA), Federal Flood Insurance may not be available. CBRA designation date: D. DETERMINATION IS BUILDING/MOBILE HOME IN A SPECIAL FLOOD HAZARD AREA (ZONES BEGINNING WITH LETTERS "A" OR "V")? Q YES ❑ NO If yes, flood insurance is required by the Flood Disaster Protection Act of 1973. If no, flood insurance is not required by the Flood Disaster Protection Act of 1973. E. COMMENTS (Optional): an area inundated by 100 -year flooding where flood elevations and flood hazard factors have been determined. ******************** This is a Standard Certificate ******************** This certificate represents a one-time determination of flood hazard. Life -of -Loan tracking service is not in force. This determination is based on examining the NFIP map, any Federal Emergency Management Agency revisions to it, and any other information needed to locate the building/mobile home on the NFIP map. F. PREPARER'S INFORMATION NAME, ADDRESS, TELEPHONE NUMBER (If other than Lender) DATE OF DETERMINATION Fidelity National Flood Inc. Phone: (800) 756-5043 6/18/99 P.O. Box 162094 Fax: (800) 756-5053 Austin, TX 78716-2094 ID#: 99-1281688 FEMA Form 81-93, JUN 95 Fidelity National Title Company 10300 South De Anza Blvd. Suite A • Cupertino, CA 95014 (408) 996-7177 • FAX (408) 252-8029 DATE: June 28, 1999 ESCROW NO: 311100 -DP CERTIFICATION OF TRUST PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 I (We), ALAN L. STOCKLMEIR, trustee(s) of the ALAN STOCKLMEIR REVOCABLE confirm the following facts: 1. The /"!/Qr� t�i/r//' �[/��'G2 / ✓' ame of I rust is currently in existence and was created on (Dateo st 2. The settlor(s) f the trust are as follows: 17 L , �5 3. The currently cting trustee(s) of t e trusJts (are): 4. The power of the trustee(s) includes: (a) The powers to sell, convey and exchange [vJ Yes [ I No (check one) (b) The power to borrow money and encumber the trust property with a deed of trust or mortgage [t-�Yes [ I No (check one) 5. The trust is [ revocable; [ I irrevocable (check one) and the following party(ies) if any, is (are) identified as having the power of to revoke the trust: 6. The trust [ ] does; [ Prdoes not have multiple trustees (check one). If the trust has multiple trustees, the signatures of all the trustees or of any of the trustees is required to exercise the powers of the trust. FIDELITY NATIONAL TITLE hereby car(flee th:ezt tWA Is a true copy CE -149 (Rev, 2/95) Page [. nate; June 28, 1999 10 Ec,ow No: 311100 -DP The trust identification number is as follows: .S' y- IV" �Z- 5-7 G / (Social Security number/Employee Identification number) 8. Title to trust assets shall be taken in the following fashion: The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect, This certification is being signed by all of the currently acting trustees and is being executed in conformity with the provisions of California Probate Code Section 18100.5, Chapter 530, Statutes of 1993. Dated: W/, L TRUSTEE TRUSTEE STATE OF9qCA IFORN COUNTY 9 TRUSTEE TRUSTEE before me, personally appeared L,g LL .S TC G LM C personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, Witness A. hand an Signature CE -149 (Rev. 2/95) eal. rrff `3 W NOfAkY PUBLIC, %;t,;{liy.ya,if 54ni.a Clain County Er.pucs SejiL G''2002 �W'1"is'V^�PK:`OMY'q'�N�1'•Vv.�y'pi' I'S'G^�ll'�N'°F'Wro`w'MW'O"n^'Y'�Y'. RECOR-nVNG REQUESTED BY: Fidelity "National Title Company - Cupertino Escrow No. 311100 -DP Title Order No. 00311100 When Recorded Mail Document To: MR. KURT M. STOCKLMEIR FIDci frY MA _ [IhAI TITLE hereby Ceti fIQs tha his is a trot copy Of thrY final. SPACE ABOVE THIS LINE FOR RECORDER'S USE POWER OF ATTORNEY - SPECIAL KNOW ALL MEN BY THESE PRESENTS that KURT M. STOCKLMEIR has (have) made, constituted and appointed, and by these presents does(do) hereby make, constitute and appoint ALAN L. STOCKLMEIR, my(our) true and lawful Attorney(ies) for me(us) and in my(our) name, place and stead to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities, and demands whatsoever as are now or shall hereafter become due, owing, payable, or belonging to the undersigned; and have, use, and take all lawful ways and means in the name of the undersigned, or otherwise, for the recovery thereof, by legal process, and to compromise and agree for the same, and grant acquittance or other sufficient discharges for the same, for the undersigned, and in the name of the undersigned to make, seal, and deliver the same; to compromise any and all debts owing by the undersigned, and to convey, transfer, and/or assign any property of any kind or character belonging to the undersigned in satisfaction of any debt owing by us or either of us; to bargain, contract, agree for, purchase, receive, and take lands, tenements, hereditaments, and accept the seisin and possession of all lands, and all deeds, and other assurances in the law therefor; and to lease, let, demise, bargain, sell, remise, release, convey, mortgage, convey in trust, and hypothecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants as said attorney shall think fit; to exchange real or personal property for other real or personal property, and to execute and deliver the necessary instruments of transfer or conveyance to consummate such exchange; to execute and deliver subordination agreements subordinating any lien, encumbrance or other right in real or personal property to any other lien, encumbrance, or other right therein; also to bargain and agree for, buy, sell, mortgage, hypothecate, convey in trust or otherwise, and in any and every way and manner deal in and with goods, wares and merchandise, choses in action, and other property in possession or in action, including authority to utilize my eligibility for V A Guaranty; also to transfer, assign, and deliver stock and the certificate or certificates evidencing the ownership of the same; and to make, do, and transact all and every kind of business of what nature and kind soever; and, also, for the undersigned and in the name(s) and as the act and deed of the undersigned, to sign, seal, execute, deliver, and acknowledge such deeds, covenants, leases, indentures, agreements, mortgages, deeds of trust, hypothecations, assignments, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, evidences of debts, releases, and satisfactions of mortgage, judgement and other debts, and such other instruments in writing, of whatever kind of nature, as may be reasonable, advisable, necessary or proper in the premises. Each and all of the powers herein granted shall be exercised by said Attorney as to the following described property only: (Commonly known as 22120 Steven Creek Boulevard and non -situs Orchard St., Cupertino, CA 95014) SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF UD -34B (Rev. 9/94) POWER OF ATTORNEY -SPECIAL INITIAL I\ APN: 357-09-053 GIVING AND GRANTING unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as the undersigned might or could do if personally present, the undersigned hereby expressly ratifying and confirming all that said Attorney shall lawfully door cause to be done by virtue of these presents. Dated: June 9, 1999 KURT M. STOCKLMEIR STATE OF C RitA 01R6 I I'J I CC OF t-> _I0 ON (b - 14 -art before me,_ i<L) Cz(2, Personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I RS l cxa r i 2M UD -34B (Rev. 9/94) POWER OF ATTORNEY -SPECIAL 0 Fidelity National Title Company 10300 South De Anza Blvd. Suite A • Cupertino, CA 95014 (408) 996-7177 • FAX (408) 252-8029 DATE: June 9, 1999 ESCROW NO: 311100 -DP PROPERTY ADDRESS: 22120 Steven Creek Boulevard and non -situs Orchard St., Cupertino, CA 95014 POWER OF ATTORNEY INSTRUCTIONS The undersigned hand you herewith a SPECIAL Power of Attorney, executed by the undersigned and naming ALAN L. STOCKLMEIR Attorney in Fact. You are hereby authorized and instructed to accept the instructions of said Attorney in Fact in this escrow and to act upon same as though given by me personally. You are further instructed to accept his/her signature on my behalf as approval of all documents and instructions in this escrow, with my full approval and acceptance of same. You are instructed to record the original Power of Attorney at the close of escrow and all charges for this procedure are to be charged to my account and paid in this escrow. The undersigned fully understands the ramifications of this document and acknowledges that Fidelity National Title Company - Cupertino has advised that the undersigned should seek the advise of counsel prior to the execution of this document. Mail the recorded document to: .,,van 10& subscribed before me, in my presence r1is day of SUNC , -[S—qj. A Virginia notaryPublic. In and or W*MI t'iI Cour� Notary Public. L�Jtizdrl��iifiK, r�i�'� b�� t;i� � � ,✓!. r.) (Rev. 4/95) 13ECORDING REQUESTED BY: Fidelity National Title Company - Cupertino Escrow No. 311100 -DP Title Order No. 00311100 When Recorded Mail Document To: PAMELA T. STOCKLMEIR W LITY •NATI RL TrAt hereby certifigs that s •s a true cosy of the SPACE ABOVE THIS LINE FOR RECORDER'S USE POWER OF ATTORNEY - SPECIAL KNOW ALL MEN BY THESE PRESENTS that PAMELA T. STOCKLMEIR has (have) made, constituted and appointed, and by these presents does(do) hereby make, constitute and appoint ALAN L. STOCKLMEIR, my(our) true and lawful Attorney(ies) for me(us) and in my(our) name, place and stead to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities, and demands whatsoever as are now or shall hereafter become due, owing, payable, or belonging to the undersigned; and have, use, and take all lawful ways and means in the name of the undersigned, or otherwise, for the recovery thereof,by legal process, and to compromise and agree for the same, and grant acquittance or other sufficient discharges for the same, for the undersigned, and in the name of the undersigned to make, seal, and deliver the same; to compromise any and all debts owing by the undersigned, and to convey, transfer, and/or assign any property of any kind or character belonging to the undersigned in satisfaction of any debt owing by us or either of us; to bargain, contract, agree for, purchase, receive, and take lands, tenements, hereditaments, and accept the seisin and possession of all lands, and all deeds, and other assurances in the law therefor; and to lease, let, demise, bargain, sell, remise, release, convey, mortgage, convey in trust, and hypothecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants as said attorney shall think fit; to exchange real or personal property for other real or personal property, and to execute and deliver the necessary instruments of transfer or conveyance to consummate such exchange; to execute and deliver subordination agreements subordinating any lien, encumbrance or other right in real or personal property to any other lien, encumbrance, or other right therein; also to bargain and agree for, buy, sell, mortgage, hypothecate, convey in trust or otherwise, and in any and every way and manner deal in and with goods, wares and merchandise, choses in action, and other property in possession or in action, including authority to utilize my eligibility for V A Guaranty; also to transfer, assign, and deliver stock and the certificate or certificates evidencing the ownership of the same; and to make, do, and transact all and every kind of business of what nature and kind soever; and, also, for the undersigned and in the name(s) and as the act and deed of the undersigned, to sign, seal, execute, deliver, and acknowledge such deeds, covenants, leases, indentures, agreements, mortgages, deeds of trust, hypothecations, assignments, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, evidences of debts, releases, and satisfactions of mortgage, judgement and other debts, and such other instruments in writing, of whatever kind of nature, as may be reasonable, advisable, necessary or proper in the premises. Each and all of the powers herein granted shall be exercised by said Attorney as to the following described property only: (Commonly known as 22120 Steven Creek Boulevard and non -situs Orchard St., Cupertino, CA 95014) SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF J UD -34B (Rev. 9/94) POWER OF ATTORNEY -SPECIAL INITIAL APN: 357-09-053, GIVING AND GRANTING unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as the undersigned might or could do if personally present, the undersigned hereby expressly ratifying and confirming all that said Attorney shall lawfully do or cause to be done by virtue of these presents. Dated: June 9, 1999 PAMELA T. STOCKLMEIR C7 RE(00 tJ STATE OFXCAt r0ftMM COUNTY OF C,VCt_(_KCLnACL-, ON �SI 1 �q q "1 before me, 0' f 1 Cl ck— \\ \ G me 1 G 'C- . CA<I�e c ✓ personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s i3 are subscribed to the within instrument and acknowledged to me that he%o/they executed the same in his her their authorized capacity(ies), and that by his/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Signature UD -34B (Rev. 9/94) OFFICIAL SEAL CHRISTY MCLEOD NOTARY PUBLIC -OREGON COMMISSION NO. 321125 MY COMMISSION EXPIRES FEB. 28, 2003 POWER OF ATTORNEY -SPECIAL Escrow No. 31 1100 -DP Title Order No. 0031 1100 EXHIBIT ONE PARCEL ONE: Beginning at the point of intersection of the Southerly line of the Stevens 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 481 30' East 110.55 feet; South 590 45' East 132.00 feet; South 450 East 162.03 feet; South ° 37' East 122.10 feet; South 4° 8' West 231.66 feet; South 240 West 80.26 feet; South 36J ° West 199.32 feet; South 250 West 54.12 feet; and South 360 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 40 41' West 339.24 feet to a station designated D.S.r; North 40 11' West 191.40 feet to a pipe; and North 12° 1' West 448.00 feet to a pipe at the Northeasterly corner of said Inspiration Point, Monta Vista; thence North 37 ° 42' West 13.00 feet to a pipe on said Southerly line of Stevens Creek Road; thence along said Southerly line of Stevens Creek Road, North 890 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 88. Excepting therefrom all that certain land conveyed to The City of Cupertino, a Municipal Corporation recorded September 29, 1986 as Instrument No. 8962038 in Book J861, Official Records, page 2072, more particularly 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 1 1 ° 58' 43" West 42.00 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 37° 55' 03" West 5.80 feet to the intersection thereof with a non -tangent curve having a radius of 988.01 feet, the radius point of which bears South 130 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 00 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; Thence continuing Easterly on the arc of a curve having a radius f 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 11 ° 03' 52" East; Thence North 780 56' 08" East 6.62 feet; Thence North 821 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 say line of Stevens Creek Boulevard, South 881 46' 38" West 81.76 feet; Thence leaving said Southerly right of way line of Stevens Creek Boulevard, South 370 55' 03" East 6.57 feet to the True Point of Beginning. PARCEL TWO: 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 Calfiornia on November 30, 1976, in Book 384 of Maps at pages 18 and 19. PARCEL THREE: 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 20, 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: Parcel 1 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 71 15' 00" West, 87.54 feet from the most Southerly corner of said 4.851 acre parcel marked on said Map as DSS, thence leaving said Westerly line of 4.851 acre parcel, South 82° 45' 00" West, 26.53 feet to the intersection thereof with a curve whose radial bears South 73 ° 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 1121 39' 51 ", for an arc length of 49.16 feet; thence North 53 ° 00' 28" West, 55.00 feet to beginning of a tangent curve; thence on a curve to the left having a radius of 204.00 feet, through a central angle of 231 00' 00"", for an arc length of 81.89 feet; thence North 741 00' 28' West, 63.75 feet to the beginning of a tangent curve,; thence on a curve to the left having a radius of 104.00 feet, through a central angle of 81 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 20.00 feet, through a central angle of 400 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 0° 08' 54" East, 38.94 feet to the intersection thereof with a curve whose radial bears South 33° 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 291 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 11 ° 45' 23", for an arc length of 27.91 feet; thence South 741 00' 08" East, 63.75 feet to the beginning of tangent curve; thence on a curve to the right having a radius of 236.00 feet, through a central angle of 231 00' 00", for an arc length of 94.74 feet; thence South 51 ° 00' 20" East, 20.69 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 20.00 feet, through a central angle of 48° 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 731 25' 51" for an arc length of 32.04 feet; thence North 821 45' 00" East, 26.53 feet to the intersection thereof with said Westerly line of said 4.851 acre parcel; thence along said Westerly line, South 70 15' 00" 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. Parcel 2 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 if filed for record in Book "0" of Maps, page 88, Santa Clara County Records, distant thereon along said Westerly line North 20 15' 00" 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 681 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 991 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 20.0-0 feet, through a central angle of 401 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 70 29' 34" for an arc length of 27.33 feet; thence South 720 59' 32" West, 106.00 feet to beginning of a tangent curve; thence on a curve to the right having a radius of 103.00 feet, through a central angle of 481 30' 00", for an arc length of 87.19 feet; thence North 580 30' 28" West, 106.00 feeet to beginning of a tangent curve, thence on a curve to the right having a radius of 103.00 feet, through a central angle of 48 30' 00", for an arc length of 87.19 feet, thence North 580 30' 28" West, 19.62 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 2000 feet through a central angle of 371 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 77° 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 821 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 81 06' 18", for an arc length of 2083 feet; thence South 581 30' 28" East, 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 720 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 81 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 20.00 feet, through a central angle of 331 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 1060 36' 14", for an arc length of 46.51 feet; thence North 871, 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 21 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 lin of Lot 31 as contained within the above described property. PARCEL 4: Lot "B" as laid down, designated and delineated upon that certain Map entitled "Map of Russell Hurst, Monte Vista", which Map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book "P" of Maps at Page 22. = 0 Fidelity National Title Company 10300 South De Anza Blvd. Suite A • Cupertino, CA 95014 (408) 996-7177 • FAX (408) 252-8029 DATE: June 9, 1999 ESCROW NO: 311100 -DP PROPERTY ADDRESS: 22120 Steven Creek Boulevard and non -situs Orchard St., Cupertino, CA 95014 POWER OF ATTORNEY INSTRUCTIONS The undersigned hand you herewith a SPECIAL Power of Attorney, executed by the undersigned and naming ALAN L. STOCKLMEIR Attorney in Fact. You are hereby authorized and instructed to accept the instructions of said Attorney in Fact in this escrow and to act upon same as though given by 1-ne personally. You are further instructed to accept his/her signature on my behalf as approval of all documents and instructions in this escrow, with my full approval and acceptance of same. You are instructed to record the original Power of Attorney at the close of escrow and all charges for this procedure are to be charged to my account and paid in this escrow. The undersigned fully understands the ramifications of this document and acknowledges that Fidelity National Title Company - Cupertino has advised that the undersigned should seek the advise of counsel prior to the execution of this document. Mail the recorded document to: (Rev. 4/95)