LLA-James O. and Constance A. Guidotti, Geneva S. Guidotti, 22640& 22620 Ricardo Rd, APNs: 356-01-033, 356-01-001, 356-01-034,RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAILn` , IC
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014�
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 17182997 Pages: 26
Fees.... 82.00
Taxes...
111111111111111111111111 07Copies . .
AMT PAID 82.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Old Republic Title Companv
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
RDE # 011
7/15/2003
8:00 AM
LOT LINE ADJUSTMENT, JAMES O. GUIDOTTI AND CONSTANCE A. GUIDOTTI,
TRUSTEES OF THE GUIDOTTI FAMILY 1991 LIVING TRUST, AS COMMUNITY
PROPERTY, AS TO PARCEL ONE; (LOT 67, APN 356-01-033, LOT A, APN 356-01-001),
22640 RICARDO ROAD AND GENEVA S. GUIDOTTI, TRUSTEE OF THE
GUIDOTTI FAMILY 1987 TRUST (LOT 66, APN 356-01-034), 22620 RICARDO ROAD
69
KOriginal
For Fast Endorsement
LOT LINE ADJUSTMENT
Property Owners: Lot Line Adjustment, James O. Guidotti and Constance A. Guidotti,
Trustees of the Guidotti Family 1991 Living Trust, As Community
Property, as to Parcel One; (Lot 67, APN 356-01-033, Lot A,
APN 356-01-001), 22640 Ricardo Road and Geneva S. Guidotti,
Trustee of the Guidotti Family 1987 Trust (Lot 66, APN 356-01-034),
22620 Ricardo Road
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN
TWO OR MORE ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between Lots 66 and 67, as designated on the attached plat
and descriptions marked Exhibit "A", and attached hereto, has been submitted by the record owners of
the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with the request that
an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a
greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.0101-1 of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is
not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that
any change in title interest of ownership (including lien holder interest) from the specified on the
preliminary title report designated on Exhibit "B" and attached hereto, occurs prior to the recordation
of the grant deed conveying the real property in conformity to Exhibit "A".
Approved this 22°d day of May, 2003.
RALPH A. QUALLS, JR
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
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Existing Configuration: APN 356-01-034
The land referred to is situated in the State of California, County of Santa Clara, City
of Cupertino and is described as follows:
Lot 66 of the 9"' Monta Vista Addition as recorded in Book P of Maps at Page 16,
Santa Clara County Records and described as follows:
BEGINNING at the Northwesterly corner of said Lot 66; thence along the Northerly
line of said Lot East 100.00 feet; thence along the Easterly line of said Lot
S01032'00"E 148.62 feet to a point in the Northerly line of the S.W.1/4 of Section 22,
T7S, R2W, MDB&M as shown on the Record of Survey recorded in Book 237 of Maps
at Page 9, Santa Clara County Records; thence along said line N89045'57"W 100.00
feet to the Southwesterly corner of the above mentioned Lot 66; thence along the
Westerly line of said Lot N01 032'00"W 146.21 feet to the Point of BEGINNING and as
described in the Lot Line Adjustment recorded April 7, 1994 in Book N385, Page 0463
of Official records, Santa Clara County.
Adjusted Configuration: APN 356-01-034
All of that certain property situate in Cupertino, California described as follows:
Beginning at the Southwesterly corner of Section 66 as shown on the Map of the Ninth
Addition, Monta Vista as recorded in Book P of Maps at page 16, Santa Clara County
records; thence along the Southerly line of said Section N88015'42"E 19.83 feet to the
TRUE POINT OF BEGINNING; thence along a line that is parallel to the Westerly line
of said Section and Easterly 19.83 feet as measured at right angles N01 °57'01 "W»
147.90 feet to a point in the Northerly line of said Section, thence along the Northerly
line of said Section 66 N88008'35"E 80.18 feet to the Northeast corner of said Section
66; thence along the Easterly line of said Section S01 °57'39"E 148.07 feet to the
Southeast corner of said Section; thence along the Southerly line of said Section
S88015'42"W 80.21 feet to the TRUE POINT OF BEGINNING.
Containing 11,867 square feet more or less and consisting of a portion of the above
mentioned Section 66 as shown on the above mentioned Map.
j: ljobstguidottilexhibit-a-34
Rev. 5-21-03
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Adjusted Configuration: APN 356-01-001 and -033
PARCEL ONE:
'e d
The land referred to is situated in the State of California, County of Santa Clara, City
of Cupertino and is described as follows:
BEGINNING at the Northwesterly corner of Lot 67 of the 9th Monta Vista Addition as
recorded April 11, 1917 in Book P of Maps at Page 16, Santa Clara County Records;
thence along the Northerly line of said Lot N88000'14"E 103.83 feet; thence
N88°08'35"E 19.83 feet; thence along a line parallel to the Easterly line of said Lot
S01°57'01"E 147.90 feet to a point in the Northerly line of the S.W.1/4 of Section 22,
T7S, R2W, MDB&M as shown on the Record of Survey recorded in Book 237 of Maps
at Page 9, Santa Clara County Records; thence along said line S88015'42"W 19.83
feet; thence S88019'20"W 161.60 feet to the Southwesterly corner of the above
mentioned Lot 67; thence along the Westerly line of said Lot N01 032'00nW 84.97 feet
to a point in the Southeasterly line of Stevens Canyon Road, 40 feet wide; thence
along said line of Stevens Canyon Road 11,1140042'OO'E 84.35 feet to the Pont of
BEGINNING of this description.
Containing 24,914 square feet more or less and consisting of all of the above
mentioned Lot 67 and a portion of Lot 66 as shown on the above mentioned Map.
PARCEL TWO:
The land referred to is situated in the State of California, County of Santa Clara, City
of Cupertino and is described as follows.
BEGINNING at the Southwesterly corner of Lot A of the 9"' Monta Vista Addition as
recorded April 11, 1917 in Book P of Maps at Page 16, Santa Clara County Records;
said point being on the Southeasterly line of Stevens Canyon Road, 40 feet wide;
thence along said line of Stevens Canyon Road N31 "18'38"E 55.75 feet; thence
continuing along said Southeasterly boundary of Stevens Canyon Road N40042'00"E
51.72 feet; thence leaving said Southeasterly boundary of Stevens Canyon Road
S1 °32'00" E 84.97 feet to a point in the Northerly line of the S.W.114 of Section 22,
US, R2W, MDB&M as shown on the Record of Survey recorded in Book 237 of Maps
at Page 9, Santa Clara County Records; thence along said line S88019'20"W 65.00
feet to the Point of BEGINNING of this description.
Containing 2,997 square feet more or less and consisting of all of Lot A as shown on
the above mentioned Map.
j: ljobslguidottilexhibit-a-33. doc QROF ES�
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EXHIBIT A
Existing Configuration: APN 356-01-001 and -033
PARCEL ONE:
The land referred to is situated in the State of California, County of Santa Clara, City
of Cupertino and is de-scribe`u as f611 oMiis:
Lot 67 of the 9th Monta Vista Addition as recorded April 11, 1917 in Book P of Maps at
Page 16, Santa Clara County Records and described as follows:
BEGINNING at the Northwesterly corner of said Lot 67; thence along the Northerly
line of said Lot East 91.00 feet; thence along the Easterly line of said Lot S01 °32'00"E
148.21 feet to a point in the Northerly line of the S.W.1/4 of Section 22, T7S, R2W,
MDB&M as shown on the Record of Survey recorded in Book 237 of Maps at Page 9,
Santa Clara County Records; thence along said line N89045'57"W 162.74 feet to the
Southwesterly corner of the above mentioned Lot 67; thence along the Westerly line
of said Lot N01 032'00"W 78.68 feet to a point in the Southeasterly line of Stevens
Canyon Road, 40 feet wide; thence along said line of Stevens Canyon Road N450
26'E 98.10 feet to the Point of BEGINNING and as described in the Certificate of Lot
Line Adjustment recorded April 7, 1994 under Recorder's serial Number 12437367
Santa Clara County.
PARCEL TWO:
Lot A of the 9th Monta Vista Addition as recorded April 11, 1917 in Book P of Maps at
Page 16, Santa Clara County Records.
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** OLD REPUBLIC TITLE COMPANY
* 2105 S. BASCOM AVENUE, STE 120 • CAMPBELL, CA • 95008 • (408) 371-9950 • Fax: (408) 371-3166
PRELIMINARY REPORT
Issued for the sole use of:
James Guidotti
22640 Richardo Road
Cupertino, California 95014
Attention: Jim Guidotti
Property Address: 22620 Ricardo Road, Cupertino, CA
Our Order No. 0631001335-JP
Reference
When Replying Please Contact:
Jean Peixotto
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which
issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of April 21st , 2003 , at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of 5 Pages
3157-A (Rev.
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001335-JP
The form of policy of title insurance contemplated by this report is:
a Homeowner's Policy of Title Insurance (1998); AND an ALTA Loan Policy. A specific
request should be made if another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
GENEVA S. GUIDOTTI, Trustee of the Guidotti Family 1987 Trust
Page 2 of 5 Pages
1 (Rev 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001335-JP
The land referred to in this Report is situated in the County of Santa Clara, City of Cupertino,
State of California, and is described as follows:
Lot 66 of the 9th Monta Vista Addition as recorded in Book P of Maps at Page 16,
Santa Clara County Records and described as follows:
BEGINNING at the Northwesterly corner of said Lot 66 thence along the Northerly
line of said Lot East 100.00 feet; thence along the Easterly line of said Lot
South 01* 32' 00" East 148.62 feet to a point in the Northerly line of the S.W.
1/4 of Section 22, T7S, R2W, MDB&M as shown on the Record of Survey recorded in
Book 237 of Maps at Page 9, Santa Clara County Records; thence along said line
North 89` 45' 57" West 100.00 feet to the Southwesterly corner of the above
mentioned Lot 66; thence along the Westerly line of said Lot North 01' 32, 00"
West 148.21 feet to the Point of Beginning, and as described in Lot Line
Adjustment recorded April 7, 1994 in Book N385 Page 0463 Official Records.
356-01-034
13 090
CR/CO/JA/AD
A356-01-003
Page 3 of 5 Pages
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001335-JP
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes and assessments, general and special, for the fiscal year 2003-2004 a
lien, but not yet due or payable.
2. The requirement that a Certificate of Trustee be furnished in accordance with
Probate Code Section 18100.5
3. The requirement that this company be provided with a suitable Owner's
Affidavit from the Seller (form ORT 174) or a copy of the Real Estate Transfer
Disclosure Statement "TDS" (California Civil Code Section 1102, et seq.). The
Company reserves the right to make additional exceptions and/or requirements upon
review of the Owner's Affidavit and/or the "TDS".
4. NOTE: The Homeowner's Policy applies only if each insured named in Schedule A
is a Natural Person (as Natural Person is defined in said policy). If each
insured to be named in Schedule A is not such a Natural Person, contact the Title
Dept. immediately.
-------------------- Informational Notes---------------
1. Taxes, general and Special, for the fiscal year 2002-2003 as follows:
Assessor's Parcel No. : 256-01-034
Code No. : 13090
1st Installment $393.40, Marked Paid
2nd Installment $393.40, Marked Paid
The above installments include a property tax exemption of $7,000.00.
2. The last recorded instrument(s) conveying record title to the premises is/are:
A deed executed by Ella Garassino, a widow to Otellio Guidotti and Geneva
Guidotti, his wife in joint tenants, recorded November 10th, 1942 in Book 1115 of
Official Records, Page 279
A deed executed by Otellio Guidotti and Geneva S. Guidotti to The Guidotti Family
1987 Trust, Otellio Guidotti and Geneva S. Guidotti, Trustors and Trustees under
Revocbale Trust Agreement dated September 21, 1987 and Successor Trustees,
recorded May 2nd, 1991 in Book L698 of Official Records, Page 505
Page 4 of 5 Pages
3157-D
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001335-JP
That certain Affidavit- Death of Trustee of Geneva S. Guidotti, the decedent
recorded September 6, 1991 in Book L850 of Official Records, page 819.
The last conveyance affecting said land recorded within the last two years, prior
to the date of this Report are: NONE
3. County recorder will charge an additional $ 10.00 "Monument User Fee" to
record a Grant Deed using the legal description in this report.
4. The mailing address of the vestee as shown in the records is: 22620 Ricardo Rd
Cupertino, CA 95014
5. In addition to existing requirements pertaining to sellers who are
non-residents of California, as a result of recent changes to Section 18662 of the
Revenue and Taxation Code, in transactions closing after January 1, 2003 the buyer
may then be responsible to withhold 3 1/3% of the sales price (as defined therein)
from any seller, if this property is not the seller's principal residence. The
statute, as modified, also provides for certain exemptions to the buyer's
responsibility to withhold, which may apply.
6. The applicable rate(s) for the policy(s) being offered by this report or
commitment appears to be section(s) 3.1.
7. Short Term Rate ("STR") does not apply.
Page 5 of 5 Pages
ORT 3157-E
Exhibit A
HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations
concerning:
a. building
b. zoning
C. _ land use
d. improvements on the land
e. land division
f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public
Records at the Policy Date.
This exclusion does not limitthe coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does
not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for your title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
Exhibit A
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (1-17-92)
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over
the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the
insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
I Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General
Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
L Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
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.
a. 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.
s. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
MAY 7, 2001
OLD REPUBLIC TITLE COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Old
Republic Title Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from [our affiliates or] others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements.
Financial service providers such as companies engaged in banking, consumer finance, securities
and insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
ORT 287-C 5/07/01
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* OLD REPUBLIC TITLE COMPANY
III* * * * 2105 S. BASCOM AVENUE, STE 120 • CAMPBELL, CA • 95008 • (408) 371-9950 • Fax: (408) 371-3166
PRELIMINARY REPORT
Issued for the sole use of:
James Guidotti
22640 Ricardo Road
Cupertino, California 95014
Property Address: 22640 Richardo Road, Cupertino, CA
Amended-2
Our Order No. 0631001333-JP
Reference
When Replying Please Contact:
Jean Peixotto
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which
issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to .provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dazed as of April 18th
12 0 0 3 , at 7:30 A.M.
Lei f►]Ra2,11J"1I[GRIIII9061 ALMOVA
For Exceptions Shown or Referred to, See Attached
Page 1 of 5 Pages
3157-A (Rev.
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001333-JP
Amended-2
The form of policy of title insurance contemplated by this report is:
a Homeowner's Policy of Title Insurance (1998); AND an ALTA Loan Policy. A specific
request should be made if another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
JAMES 0. GUIDOTTI and CONSTANCE A. GUIDOTTI, Trustees of the Guidotti Family 1991 Li`v'i:g
Trust, as community property, as to Parcel One; James 0. Guidotti and Constance A.
Guidotti, as Joint Tenants, as to Parcel Two
g ---- f 5 Pages
-
ORT 3157-Ai (Rev 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001333-JP
Amended-2
The land referred to in this Report is situated in the County of Santa Clara, City of Cupertino,
State of California, and is described as follows:
PARCEL ONE:
Lot 67 of the 9th Monta Vista Addition as recorded on April 11, 1917 in Book P
of Maps at page 16, Santa Clara County Records and described as follows:
Beginning at the Northwesterly corner of said Lot 67 thence along the Northerly
line of said Lot East 91.00 feet; thence along the Easterly line of said Lot S.
01 deg 32' 00" E. 148.21 feet to a point in the Northerly line of the S.W. 1/4
of Section 22, T7S, R2W, MDB & M as shown on the Record of Survey recorded in
Book 237 of Maps at page 9, Santa Clara County Records; thence along said line
N. 89' deg. 45' 57" W. 162.74 feet to the Southwesterly corner of the above
mentioned Lot 67; thence along the Westerly line of said Lot N. 01 deg. 32' 00"
W. 78.68 feet to a point in the Southeasterly line of Stevens Canyon Road, 40
feet wide; thence along said line of Stevens Canyon Road N. 45 deg. 26' E. 98.10
feet to the point of beginning, as described in that Certificate of Lot Line
Adjustment recorded April 7, 1994 under Recorder's Serial Number 12437367.
PARCEL TWO:
Lot A of the 9th Monta Vista Addition as recorded on April 11, 1917 in Book P of
Maps at Page 16, Santa Clara County Records.
356-01-033; 001
13090
KG/CO/AG
A 356-01-002; 003.01; 001
Amd/AD/04-28-03
Amd/AD/05-20-03
Page 3 of 5 Pages
ORT 3157-C
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001333-JP
Amended-2
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes and assessments, general and special, for the fiscal year 2003-2004 a
lien, but not yet due or payable.
2. The requirement that a Certification of Trustee be furnished in accordance
with Probate Code Section 18100.5
3. The requirement that this company be provided with a suitable Owner's
Affidavit from the Seller (form ORT 174) or a copy of the Real Estate Transfer
Disclosure Statement "TDS" (California Civil Code Section 1102, et seq.). The
Company reserves the right to make additional exceptions and/or requirements upon
review of the Owner's Affidavit and/or the "TDS".
4. NOTE: The Homeowner's Policy applies only if each insured named in Schedule A
is a Natural Person (as Natural Person is defined in said policy). If each
insured to be named in Schedule A is not such a Natural Person, contact the Title
Dept. immediately.
-------------------- Informational Notes---------------------
1. Taxes, general and Special, for the fiscal year 2002-2003 as follows:
Assessor's Parcel No. : 356-01-001
Code No. : 13 090
1st Installment $30.38, Marked Paid
2nd Installment $30.38, Marked Paid
The above installments include a property tax exemption of NONE.
(Affects Parcel Two)
2. Taxes, general and Special, for the fiscal year 2002-2003 as follows:
Assessor's Parcel No. : 356-01-033
Code No. : 13090
1st Installment $431.22, Marked Paid
2nd Installment $431.22, Marked Paid
The above installments include a property tax exemption of $7,000.00
(Affects Parcel One)
Page 4 of 5 Pages
31 57-D
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0631001333-JP
Amended-2
3. The last recorded instrument(s) conveying record title to the premises is/are:
A deed executed by James 0. Guidotti, et ux to James 0. Guidotti and Constance A.
Guidotti, Trustees of the Guidotti Family 1991 Living Trust, as Community
Property, recorded April llth, 1991 in Book L672 of Official Records, Page 1168.
(Affects Parcel One).
A deed executed by Geneva S. Guidotti, Trustee of the Guidotti Family 1987 Trust
to James 0. Guidotti and Constance A. Guidotti, Trustees of the Guidotti Family
1991 Living Trust, recorded May 16th, 1994 in Book N441 of Official Records, Page
1975
(Affects parcel One).
A deed executed by Roy P. Emerson to James 0. Guidotti and Constance A. Guidotti,
as Joint Tenants, recorded October 7th, 1960 in Book 4943 of Official Records,
Page 629
(Affects Parcel Two).
The last conveyance affecting said land recorded within the last two years, prior
to the date of this Report are: NONE
4. County recorder will charge an additional $ 10.00 "Monument User Fee" to
record a Grant Deed using the legal description in this report.
5. The mailing address of the vestee as shown in the records is: 22640 Ricardo
Road, Cupertino, CA 94014.
6. In addition to existing requirements pertaining to sellers who are
non-residents of California, as a result of recent changes to Section 18662 of the
Revenue and Taxation Code, in transactions closing after January 1, 2003 the buyer
may then be responsible to withhold 3 1/3% of the sales price (as defined therein)
from any seller, if this property is not the seller's principal residence. The
statute, as modified, also provides for certain exemptions to the buyer's
responsibility to withhold, which may apply.
7. The applicable rate(s) for the policy(s) being offered by this report or
commitment appears to be section(s) 3.1.
8. Short Term Rate ("STR") does not apply.
Page 5 of 5 ragLs
OR-(' 3157-E
V
Exhibit A
HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations
concerning:
a. building
b. zoning -
c. land use
d. improvements on the land
e. land division
f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public
Records atthe Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does
not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for your title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
Exhibit A
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (1-17-92)
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of.-
i. (a) Any law, ordinance or _governmental regulation (including but not limited to building and zoning laws, ordinances or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortggage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of te indebtedness, to comply with applicable doing business laws of the state in
which the land is situated.
S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over
the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the
insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the abe,
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General
Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
L Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
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.
I Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
a. 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.
s. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
1
MAY 7, 2001
OLD REPUBLIC TITLE COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Old
Republic Title Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from [our affiliates or] others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements.
Financial service providers such as companies engaged in banking, consumer finance, securities
and insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
ORT 287-C 5/07,/01
A,M3 5 6 0 01 Page 1
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