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D-128 CORPORATION GRANT DEED, TORRE AVE & PACIFICA DR, RES 4125 Fiscal year REQUEST FOR CANCELLATION OF AXES BY PUBLIC AGENCY BECAUSh )F 1976-1977 `ACQUISITION UNDER REVENUE & TAXATION CODE SECTION 4986 ET SEQ. Date of application April 6, 1976 TO: BOARD OF SUPERVISORS of Santa Clara County, State of California Gentlemen: The undersigned authorized agent of the---------------.......................City_of Cupertino (public agency) hereby requests that you consent to the cancellation of taxes against the following described property, specific description at- tached, because of acquisition by the said public agency pursuant to Revenue & Taxation Code Section 4986 et seq., and hereby declares under penalty of perjury on behalf of the said public agency that the information herein is true and correct. Name of Requesting Agency City of Cupertino Signature of Autho ' ed Agent, Deputy City Clerk Signed at10300 T rre Avenue Cupertino, California 95014 Date Acquired Recorder's Serial No./book&pg. Assessed to March 1=976 5242295/920, 98 Gin - inn_ cor2oration How Acquired: ❑ ASSESSMENT NO. (APN) CODE AREA O.I.P. 1 HY DEED EIFI NAL ORDER Refund by Court Order. (Please attach order for payment to public agency) LAND IMP. PERS. PROP. EXEMPT NET TOTAL OTHER 7/r r176 See Resolution No. 4125 for legal description and map. (Recorded March 17, 1976) A?_) c V d �{ 1idu ,cd Dc:l:) £y 10 ` f t (G)92 R[v 3/67 —��� FOR THE YEAR CONTROLLER'S FILE NO CoDE AREA A.P.N. CERTIFICATE OF CHANGES RECORD OF TAX COLLECTOR I hereby certify that the changes ordered NEw Tex BILL TYPED herein were made by me this date. NEW TAx BILL MAILED Deputy County Controller Dated IF ESCAPE OR SEGREGATION - ENTER NEw OwNSR's NAxa AND ADDRESS CORRECTED ASSESSED VALUATIONS LAND IMPROVEMENTS PERS. PROP. EXEMPTION NET TAXABLE SOLVENT CREDITS RESTORATION CODE ORIGINAL. AMOUNTS SHOWN ON ROLL AMOUNTS ON ROLL AS CORRECTED TAX TOTAL FIRST SECOND TOTAL FIRST SECOND CODE 40 6 7 1 2 3 4 998 999 TOTAL PETITION PUNCHED PETITION VERIFIED R 524p2295 Rr-Ct)RDING REQUESTED BY ""` B �+�0 PA6E198 Valley Title Company Recorded ©l 1he'request of CB: 369-31-28 Vallet� title Cvmpanrp CA: 13-003 Escrora 11o. 166083 'B MAR 171976 MOA;11I WHEN RECORDED MAIL TO City of Cupertino GEORGE A. MANN REGISTRAR- REC RDER 10300 Torres Avenue Santa Clara County, Offli,l R". Cupertino, CA >� PAME19g Escrow 4166083 —� No tax due MAIL TAX STATEMENT TO Corporation Grant Deed Municiyral ansfer ax transfer INDIVIDUAL $ Name ( ) Full Value Address Same As Above Equity City& State L GINA INC. , a corporation, Xy4![rX"XX does hereby GRANT TO CITY OF CUPERTINO, a municipal corporation the real property situate in the City Of Cupertino County of Santa Clara, State of California, described as follows: All of Parcel C, as shown and disclosed upon that certain Map entitled, "Parcel 14ap, being all of Lot 4, Tract 3743, City of Cupertino" , said Parcel Map being filed on March 7, 1974 in the office of the recorder of Santa Clara County, State of lifornia in Book 337 of Maps, at page 11. z J F- a i 6 Z T Q IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, this 2nd day of March 19 76 uuuuuwulumuuulnuutununuuwmwlluu�49ulgull ;lam GING,INC. corporat'on PHYLLIS J. CHAPMAN 'a`'r-•-�3" NOTARY! PUBLIC-CALIFORNIA 'es BY - t- 0.-t L- ------------------ ----- - SANTA CLARA COUNTY = ` Pre dtnt,' m - , g MY commission expires Dec,18,1976=_ ' 3111111111111111UIIIIIIIIIIHIIIIIII111111111HIIIIIIIHHHIIIHIlIIIIIIBy�C�/L? --C C -z-. J r -_---.--✓G:� <;�`.�`... �'! .<----------- 111111111111111115 Secretary STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA On this 2nd day of March 1976 before me a Notary Public in and for said County and State personally appeared Enzo Musolino known to me to be the President and Barbara J. Musolini known to me to be the Secretary of the corporation that executed the within and foregoing instrument, and also known to me to be the persons who executed the within instrument on behalf of the corporation therein named and acknow- ledged to me that such corporation executed the same. 4 otary Publi VTC 103 R1 VALLEY TITLE COMPANY MAIL TAX STATEMENTS AS DIRECTED ABOVE B '920 PACE199 RESOLUTION NO. 4125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT DEED OF REAL PROPERTY FROM GINA, INC. , A CORPORATION: PROPERTY LOCATED AT THE NORTHEAST CORNER OF TORRE AVENUE AND PACIFICA DRIVE; PARCEL"C" WHEREAS, the City Council has approved the acquisition of real property located at the northeast corner of Torre Avenue and Pacifica Drive, commonly referred to as the "Musolino Property". NOW THEREFORE, BE IT RESOLVED that the City Council accept the grant deed for said property from Gina, Inc. , a corporation to the City of Parcel "C" as shown on that certain parcel map entitled, "Parcel Map, Being All of Lot 4, Tract 3743, City of Cupertino", which parcel map was filed for record in the Office of the Recorder of Santa Clara County, State of California, on March 7, 1974, in Book 337 of Maps, Page 11. IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant of Deed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 1st day of March 1976, by the following vote: Vote Members of the City Council AYES: Frolich, Meyers, Nellis, Sparks, Jackson NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ James E. Jackson Mayor, City of Cupertino THIS IS TO' CERTIFYTHAT THE WITHIN INSTRUMENT IS A TRUE AND COORECT COPY OF THE bRIGINAL ❑N FILE IN THIS`OFFICE. ATTES' E � � 7 iC ,9 jZ CITY CLERII F.THE.CITY F -0 ERTIN❑ By /f CITY' CLERK No. SP 112297 SCHEDULE A Policy No: SJ 166083 Premium $ 414.75 Amount of Insurance $ 10 3,0 0 0.0 0 Date of Policy: March 17, 19 7 6 at 8:00 A.M. 1. Name of Insured: CITY OF CUPERTINO 2. The estate or interest in the land described herein and which is covered by this policy is: a fee 3. The estate or interest referred to herein is_at Date of Policy vested in: CITY OF CUPERTINO, a municipal corporation 4. The land referred to in this policy is situated in the State of California, County of Santa Clara, City and described as follows: of Cupertino, All of Parcel "C", as shown and disclosed upon that certain Map entitled, "Parcel Map, being all of Lot 4, Tract 37433, City of Cupertino" , said Parcel Map being filed on March 7, 1974 in the office of the Recorder of Santa Clara County, State of California in Book 337 of Maps, at page 11. P-218-A (G.S.) Rev. 11-75 California Land Title Association Standard Coverage Policy-1973 CRC©M P-218-B (G.S.) Rev. 8-73 i California Land Title Association Standard Coverage Policy-1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof., (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encum- brancer for value without knowledge. (Schedule B continued on next page of this Policy) P-218-BB (G.S.) Rev. 8-73 California Land Title Association Standard Coverage Policy-1973 PART II 1. Taxes for the fiscal year 1976-1977 a lien, but not yet due or payable. 2 . Taxes for the fiscal year 1975-1976 . Receipt No. 369-31-28. Code 13-003 . First Installment amounting to $880 . 22 plus $52. 81 penalty, delinquent. Second Installment amounting to $880. 22 , due and payable. 3. Public utilities easement over the Northerly 10 feet and wire clearance easement over the Westerly 5 feet of the Easterly 15 feet of the premises , as shown on the recorded Map. CONDITIONS AND STIPULATIONS 1. Definition of Terms any such acquisition the amount of insur- its opinion may be necessary or desir- The following terms when used in this ante hereunder, exclusive of costs, attor- able to establish the title to the estate policy mean: neys' fees and expenses which the Company or interest or the lien of the insured mort- may be obligated to pay, shall not ex- gage, as insured; and the Company may (a) "insured": the insured named in teed the least of: take any appropriate action, whether or Schedule A, and, subject to any rights or (i) the amount of insurance stated in not it shall be liable under the terms of defenses the Company may have had Schedule A; this policy, and shall not thereby con- against the named insured, those who cede liability or waive any provision of succeed to the interest of such insured by (ii) the amount of the unpaid prin- this operation of law as distinguished from cipal of the indebtedness plus interest policy. purchase including, but not limited to, thereon, as determined under paragraph (d) Whenever the Company shall have heirs, distributees, devisees, survivors, per- 6(a) (iii) hereof, expenses of foreclosure brought any action or interposed a defense sonal representatives, next of kin, or cor- and amounts advanced to protect the lien as required or permitted by the provisions porate or fiduciary successors. The term of the insured mortgage and secured by of this policy, the Company may pursue insured" also includes (i) the owner of said insured mortgage at the time of ac- any such litigation to final determination the indebtedness secured by the insured quisition of such estate or interest in the by a court of competent jurisdiction and mortgage and each successor in ownership land; or expressly reserves the right, in its sole of such indebtedness (reserving, however, (iii) the amount paid by any govern- discretion, to appeal from any adverse all rights and defenses as to any such mental agency or instrumentality, if such judgment or order. successor who acquires the indebtedness agency or instrumentality is the insured (e) In all cases where this policy per- by operation of law as described in the claimant, in acquisition of such estate or mits or requires the Company to prose- first sentence of this subparagraph (a) interest in satisfaction of its insurance cute or provide for the defense of any that the Company would have had against contract or guaranty. action or proceeding, the insured here- the successor's transferor), and further under shall secure to the Company the includes (ii) any governmental agency or (b) Continuation of Insurance right to so prosecute or provide defense in instrumentality which is an insurer or after Conveyance of Title such action or proceeding, and all appeals guarantor under an insurance contract or The coverage of this policy shall continue therein, and permit the Company to use, guaranty insuring or guaranteeing said in force as of Date of Policy, in favor of at its option, the name of such insured indebtedness, or any part thereof, whether an insured so long as such insured retains for such purpose. Whenever requested by named as an insured herein or not, and an estate or 'interest in the land, or owns the Company, such insured shall give the (iii) the parties designated in paragraph an indebtedness secured by a purchase Company, at the Company's expense, all 2(a) of these Conditions and Stipulations. money mortgage given by a purchaser reasonable aid (1) in any such action or (b) "insured claimant": an insured from such insured, or so long as such in- proceeding in effecting settlement, secur- claimin loss or damage hereunder. sured shall have liability by reason of ing evidence, obtaining witnesses, or prose covenants covenants of warranty made by such in- cuting or defending such action or pro- (c) "insured lender": the owner of an sured in any transfer or conveyance of seeding, and (2) in any other act which insured mortgage. such estate or interest; provided, however, in the opinion of the Company may be (d) "insured mortgage": a mortgage this policy shall not continue in force in necessary or desirable to establish the shown in Schedule B, the owner of which favor of any purchaser from such insured title to the estate or interest or the lien is named as an insured in Schedule A. of either said estate or interest or the in- of the insured mortgage, as insured, in- debtedness secured by a purchase money eluding but not limited to executing cor- mortgage given to such insured. rective or other documents. not constructive knowledge or notice which may be imputed to an insured by 3. Defense and Prosecution of Ac- 4. Proof of Loss or Damage - Limi- reason of any public records. tation of Action (f) "land": the land described, spe- tions-Notice of Claim to be Given cificall or b reference in Schedule A, by an Insured Claimant In addition to the notices required un- Y Y der Paragraph 3(b) of these Conditions and improvements affixed thereto which (a) The Company, at its own cost and and Stipulations, a proof of loss or dam- by law constitute real property; provided, without undue delay, shall provide for the age, signed and sworn to by the insured however, the term "land" does not include defense of an insured in litigation to the claimant shall be furnished to the Com- any area excluded by Paragraph No. 6 extent that such litigation involves an pany within 90 days after the insured of Part I „f Schedule B of this Policy. alleged defect, lien, encumbrance or other claimant shall ascertain or determine-the (g) "mortgage": mortgage, deed of matter insured against by this policy. facts giving rise to such loss or damage. trust, trust deed, or other security instru- (b) The insured shall notify the Com- Such proof of loss or damage shall de- ment. pany promptly in writing (i) in case of scribe the defect in, or lien or encum- (h) "public records": those records any litigation as set forth in (a) above, brance on the title, or other matter in- which by law impart constructive notice (ii) in case knowledge shall come to an sured against by this policy which con- of matters relating to the land. insured hereunder of any claim of title stitutes the basis of loss or damage, and, 2. (a) Continuation of Insurance or interest which is adverse to the title when appropriate, state the basis of cal- after Acquisition of Title by Insured to the estate or interest or the lien of the culating the amount of such loss or dam- Lender insured mortgage, as insured, and which age. If this policy insures the owner of the might cause loss or damage for which the Should such proof of loss or damage indebtedness secured by the insured mort- Company may be liable by virtue of this fail to state facts sufficient to enable the gage, this policy shall continue in force policy, or (iii) if title to the estate or in- Company to determine its liability here- as of Date of Policy in favor of such in- terest or the lien of the insured mortgage, under, insured claimant, at the written sured who acquires all or any part of the as insured, is rejected as unmarketable. request of Company, shall furnish such estate or interest in the land described If such prompt notice shall not be given additional information as may reasonably in Schedule A by foreclosure, trustee's to the Company, then as to such insured be necessary to make such determina.ion. sale, conveyance in lieu of foreclosure, or all liability of the Company shall cease No right of action shall accrue to in- other legal manner which discharges the and terminate in regard to the matter or sured claimant until 30 days after such lien of the insured mortgage, and if such matters for which such prompt notice proof of loss or damage shall have been insured is a corporation, its transferee of is required; provided, however, that fail- furnished. the estate or interest so acquired, provided ure to notify shall in no case prejudice Failure to furnish such proof of loss or the rights of any such insured under this the transferee is the parent or wholly policy unless the.Company shall be pre- damage shall terminate any liability of poe owned subsidiary of such insured; and in policed le such failure and then only the Company under this policy as to such favor of any governmental agency or in- judto the extent of such prejudice. loss or damage. strumentality which acquires all or any part of the estate or interest pursuant to (c) The Company shall have the right 5. Options to Pay or Otherwise a contract of insurance or guaranty in- at its own cost to institute and without Settle Claims and Options to Pur- suring or guaranteeing the indebtedness undue delay prosecute any action or pro- chase Indebtedness secured by the insured mortgage. After ceeding or to do any other act which in The Company shall have the option to (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) pay or otherwise settle for or in the name notice; (b) in the event of litigation until insured mortgage, or release any collateral of an insured claimant any claim insured there has been a final determination by security for the indebtedness, provided against, or to terminate all liability and a court of competent jurisdiction, and such act occurs prior to receipt by such obligations of the Company hereunder by disposition of all appeals therefrom, ad- insured of notice of any claim of title or paying or tendering payment of the verse to the title or to the lien of the in- interest adverse to the title to the estate amount of insurance under this policy sured mortgage, as insured, as provided or interest or the priority of the lien of together with any costs, attorneys' fees in paragraph 3 hereof; or (c) for liability the insured mortgage and does not result and expenses incurred up to the time of voluntarily admitted or assumed by an in any loss of priority of the lien of the such payment or tender of payment by the insured without prior written consent of insured mortgage. The Company shall be insured claimant and authorized by the the Company. subrogated to and be entitled to all rights Company. In case loss or damage is and remedies which such insured claimant claimed under this policy by the owner 8• Reduction of Insurance; Termin- would have had against any person or of the indebtedness secured by the insured ation of Liability property in respect to such claim had this mortgage, the Company shall have the All payments under this policy, except policy not been issued, and the Company further option to purchase such indebted- payment made for costs, attorneys' fees is hereby authorized and empowered to ness for the amount owing thereon to- and expenses, shall reduce the amount of sue, compromise or settle in its name or in gether with all costs, attorneys' fees and the insurance pro tanto; provided, how- the name of the insured to the full extent expenses which the Company is obligated ever, if the owner of the indebtedness of the loss sustained by the Company. hereunder to pay. If the Company offers secured by the insured mortgage is an in- If requested by the Company, the insured to purchase said indebtedness as herein sured hereunder, then such payments, shall execute any and all documents to provided, the owner of such indebtedness prior to the acquisition of title to said evidence the within subrogation. If the shall transfer and assign said indebtedness estate or interest as provided in paragraph payment does not cover the loss of such and the mortgage and any collateral se- 2(a) of these Conditions and Stipulations, insured claimant, the Company shall be curing the same to the Company upon shall not'reduce pro tanto the amount of subrogated to such rights and remedies payment therefor as herein provided. Upon the insurance afforded hereunder as to any in the proportion which said payment such offer being made by the Company, such insured, except to the extent that bears to the amount of said loss, but such all liability and obligations of the Com- such payments reduce the amount of the subrogation shall be in subordination to pany hereunder to the owner of the in- indebtedness secured by such mortgage. an insured mortgage. If loss should result debtedness secured by said insured mort- Payment in full by any person or vol- from any act of such insured claimant, gage, other than the obligation to pur- untary satisfaction or release of the in- such act shall not void this policy; but the chase said indebtedness pursuant to this Company, in that event, shall as to such paragraph, are terminated. ity o mortgage shall terminate all lwner insured claimant be required to pay only of the indebtedness secured by the insured part of any losses insured against 6. Determination and Payment of mortgage, except as provided in paragraph hereunder which shall exceed the amount, Loss 2(a) hereof. if any, lost to the Company by reason of (a) The liability of the Company the impairment of the right of subrogation. ,,, I. •6;. ­];. X6.11 ro — Taco oro 1 UZ 0N } J ] Wz ° LL ~ Q = U 0 Cn LL ° < a 0- z Qco W c W Z Z a W >- a<0- 2� z � o OU W Uz W LL Q U) Uz SAFECO z ftp CLTA-1973 S ` ARD COVERAGE POLICY OF TITLE INSURA4 Issued from the office of VALLEY TITLE COMPANY San Jose, California SAFECO TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Secretary President An Authorized Signature P-218-Spec. (G.S.) Rev. 8-73 7 33 a SANTA CLARA,-CO FLOOD CONTROL S WATER . ONSERVATION DIST. _ 47 — _ s �ao `-- sz� •�e' ! Ex S W C E. Nar01 w T. '— + ! I ' [x-w►ME •SOE 1 - R•�Cd & 7 e•r7-4*?0.23 Q - 1 44'OY ; f - p WHITNEY WAY G 1.037 Act 1.037 Act 1.037-Act 1.037 Act [ CURVE DATA R=siceD' L-12323' o=trto'zs' Rs Si000 L=1'9.52 6117-14'02- It-50000 117.14'02"Ra50000 L=17935' D=17.43 D2• 0.17%3' 1 i rl i R-2000� 1' l•31.40' __.NgrOO,w 0.10' 1 .{ 1 '2 ' 72.34 7o sD a 0 r^_ _ 479ISS 4 0'56 25•E _._ .—___.. TORRE AVENUE tL AM sislumea .r u..a.ft as t sgwA M Mf S.S Sssis.sls I44tssf. v I The Wm It ft Me SsAffiptes tM T _AQ berl".l of lwa ft"vim"N M two RAW ® tndMNs w.9f movement found o tsit*slw Ull,ifto pipe fousi. O YiM4M4 304• .w o",Mf M sit wow y cwms.s. $AAAI •-SUNNYVALE ROAD F,'/e Ne. ¢7/r_54F PARCEL MAP CWd�ATI CITY ENGINEER'$ CWWKATE RECORDWS CIMTIRCATS �I►S1S OF REARING tw .....w r......tat•..w...,..o..se.. ..,.+.s+....«..w....ro row,.:T 4w r�fl�4• __-_.w 7 BEING ALL CF LOT 4, TRACT . ....L—.., r 1 !,.-., 744 moving of R O.Bi'2'Y•[a4 Sflw.1 on 3743 .r+ ....1w t•....t«......•,e.MI«+..t. ae.cer....M... .• .M '.F.••.+.+,. 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