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LLA-Richard E & Nellie Gracia AND Donald H. & Alma E. Diehl-Alcalde Rd & Cordova Rd-APNs:342-44-28, 342-44-29, 342-44-10RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 CERTIFIED TRUE COPY OF THE ORIGINAL REPRDED IN THE OFFICIAL RECORDS OF ' M- d �'%``� COUNTY INSTRUMENT NO. /5'13i -Z-1-3 NORM AMERICWTITIE COMPANY (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT, RICHARD E. GRACIA AND NELLIE J. GRACIA, HIS WIFE, AS JOINT TENANTS (PARCELS A & B), APN 342-44-28(A), 342-44-29(B) AND DONALD H. DIEHL AND ALMA E. DIEHL, HIS WIFE AS JOINT TENANTS (PARCEL C), APN 342-44-10 O Original For Fast Endorsement LOT LINE ADJUSTMENT PROPERTY OWNERS: Richard E. Gracia and Nellie J. Gracia, His Wife, as Joint Tenants (Parcels A & B), APN 342-44-28(A), 342-44-29(B) AND Donald H. Diehl and Alma E. Diehl, His Wife as Joint Tenants (Parcel C), APN 342-44-10 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 A, B, and C 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 �_ day of LAI. 2000. BERT VISKOVICH CITY ENGINEER 1998 LEGAL DESCRIPTION PARCEL A BEFORE LOT LINE ADJUSTMENT The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: Beginning at the northwest corner of Lot 219 as shown upon that certain map entitled "Map of Inspiration Heights, Monta Vista", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume "P" of Maps, at Page 13; thence South 89 Degrees 40 Minutes 00 Seconds East a distance of 184.72 feet; thence South 27 Degrees 15 Minutes 27 Seconds West a distance of 80.46 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 51.99 feet; thence North 89 Degrees 40 Minutes 00 Seconds West a distance of 111.38 feet; thence North 00 Degrees 00 Minutes 00 Seconds East a distance of 109.00 feet to the Point of Beginning of this description. Together with Lot 209 per Notice of Merger recorded Dec. 20, 1991 in Book L976, Page 0700 of Official Records of Santa Clara County, California. Containing 20,765 square feet gross, and 16,760 square feet net (not counting area of Lot 209). Sip LAND8-4 SUS * No' 4953 _ n_ EnIms 12,31-01 _ i EXHI't-, LEGAL DESCRIPTION PARCEL A AFTER LOT LINE ADJUSTMENT The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: Beginning at the northwest corner of Lot 219 as shown upon that certain map entitled "Map of Inspiration Heights, Monta Vista", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume "P" of Maps, at Page 13; thence South 89 Degrees 40 Minutes 00 Seconds East a distance of 139.72 feet; thence North 00 Degrees 00 Minutes 00 Seconds East a distance of 89.00 feet; thence South 89 Degrees 40 Minutes 00 Seconds East a distance of 45.00 feet; thence South 00 Degrees 00 Minutes 00 Seconds West a distance of 89.00 feet; thence South 27 Degrees 15 Minutes 27 Seconds West a distance of 80.46 feet; thence North 88 Degrees 35 Minutes 46 Seconds West a distance of 41.11 feet; thence South 69 Degrees 31 Minutes 09 Seconds West a distance of 45.10 feet; thence South 58 Degrees 44 Minutes 30 Seconds West a distance of 28.63 feet; thence South 00 Degrees 20 Minutes 00 Seconds West a distance of 7.00 feet; thence North 89 Degrees 40 Minutes 00 Seconds West a distance of 40.00 feet; thence North 00 Degrees 00 Minutes 00 Seconds East a distance of 109.00 feet to the Point of Beginning of this description. Containing 18,274 square feet gross, and 14,269 square feet net (not counting area of Lot 209). LAND * No.4953 Expires 12,31-01 0 CAIiF�� EXHIBIT A LEGAL DESCRIPTION PARCEL B BEFORE LOT LINE ADJUSTMENT The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: Lot 204 as shown upon that certain map entitled "Map of Inspiration Heights, Monta Vista", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume "P" of Maps, at Page 13, and more particularly descibed as follows: Beginning at the most easterly corner of Lot 204 as referenced above; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 100.12 feet; thence North 45 Degrees 26 Minutes 19 Seconds West a distance of 87.10 feet; thence North 44 Degrees 33 Minutes 41 Seconds East a distance of 100.12 feet; thence South 45 Degrees 26 Minutes 19 Seconds East a distance of 87.10 feet to the Point of Beginning of this description. Containing 8,720.5 square feet, more or less. /p LAND s�� \�QP� BAe�o G�c v= q * N�19-ni Expir �SF C wl1 EXHIBIT A LEGAL DESCRIPTION PARCEL B AFTER LOT LINE ADJUSTMENT The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: Beginning at the most easterly corner of Lot 204 as shown upon that certain map entitled "Map of Inspiration Heights, Monta Vista", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume "P" of Maps, at Page 13; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 100.12 feet; thence North 45 Degrees 26 Minutes 19 Seconds West a distance of 87.10 feet; thence North 44 Degrees 33 Minutes 41 Seconds East a distance of 57.89 feet; thence North 89 Degrees 40 Minutes 00 Seconds West a distance of 78.20 feet; thence North 58 Degrees 44 Minutes 30 Seconds East a distance of 28.63 feet; thence North 69 Degrees 31 Minutes 09 Seconds East a distance of 45.10 feet; thence South 88 Degrees 35 Minutes 46 Seconds East a distance of 41.11 feet; thence South 45 Degrees 26 Minutes 19 Seconds East a distance of 87.10 feet to the Point of Beginning of this description. Containing 10,687 square feet, more or less. /p IAND `F< * No.4953 Expires 12-31-01 0 F C A1- EXHIBIT A LEGAL DESCRIPTION PARCEL C BEFORE LOT LINE ADJUSTMENT The Land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: Parcel of land per Lot Line Adjustment recorded June 18, 1999, Instrument No. 14862447, Official Records, more particularly described as follows: Beginning at the southwesterly corner of Lot 219 as shown upon that certain map entitled "Map of Inspiration Heights, Monta Vista", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume "P" of Maps, at Page 13; thence South 89 Degrees 40 Minutes 00 Seconds East a distance of 111.38 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 48.13 feet; thence South 45 Degrees 26 Minutes 19 Seconds East a distance of 87.10 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 85.08 feet; thence North 55 Degrees 25 Minutes 40 Seconds West a distance of 88.82 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 3.86 feet; thence North 89 Degrees 40 Minutes 00 Seconds West a distance of 10.86 feet; thence North 04 Degrees 36 Minutes 54 Seconds West a distance of 29.56 feet; thence North 06 Degrees 32 Minutes 14 Seconds East a distance of 80.01 feet to the Point of Beginning of this description. Containing 14,996 square feet, more or less. LAND SUS BAe�o G�c * No.4953 Expires 12-31-01 \Q �9TF OF C EXHIBIT A LEGAL DESCRIPTION PARCEL C AFTER LOT LINE ADJUSTMENT The Land referred to herein 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 219 as shown upon that certain map entitled "Map of Inspiration Heights, Monta Vista", which map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume "P" of Maps, at Page 13; thence South 89 Degrees 40 Minutes 00 Seconds East a distance of 40.00 feet; thence North 00 Degrees 20 Minutes 00 Seconds East a distance of 7.00 feet; thence South 89 Degrees 40 Minutes 00 Seconds East a distance of 78.20 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 57.89 feet; thence South 45 Degrees 26 Minutes 19 Seconds East a distance of 87.10 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 85.08 feet; thence North 55 Degrees 25 Minutes 40 Seconds West a distance of 88.82 feet; thence South 44 Degrees 33 Minutes 41 Seconds West a distance of 3.86 feet; thence North 89 Degrees 40 Minutes 00 Seconds West a distance of 10.86 feet; thence North 04 Degrees 36 Minutes 54 Seconds West a distance of 29.56 feet; thence North 06 Degrees 32 Minutes 14 Seconds East a distance of 80.01 feet to the Point of Beginning of this description. Containing 15,520 square feet, more or less. C LAND S�� GF< v= y * No.4953 �. Expires 12-31-01 _ OF C NOw I i✓O'00 'E ^�i a /s o•zo'w a � ,4 1 N a EXHIBIT A CIS 20" 30' n �j al E"v-- 1,1 5� - 111,14 ii;�7 I �■ NORTH AMERICAN TITLE COMPANY September 16, 1999 WESTFALL ENGINEERS 14583 BIG BASIN WAY SARATOGA, CALIFORNIA 95070 ATTN: HARRY BALICKA PROPERTY ADDRESS 10545 CORDOVA ROAD CUPERTINO, CALIFORNIA UPDATE & AMEND Preliminary Report DIRECT ALL INQUIRES TO: Escrow Officer: BETTY SORENSEN Telephone No. 408-973-9565 Our No.: 99141102 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. 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 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 EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, 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 THERETO) 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 POLICY TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of SEPTEMBER 10, 1999 at 7:30 A.M. PAM THOMPSON/KF Title Officer 10121 Miller Avenue, Suite #101, Cupertino, California 95014, (408) 973-9565 Fax No. (408) 973-9568 .g The form of policy of title insurance contemplated by this report is: ALTA Loan Policy - Form 1 (10-17-92) and/or CLTA Standard Coverage Policy - 1990 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: RICHARD E. GRACIA AND NELLIE J. GRACIA, HIS WIFE, AS JOINT TENANTS Page 2 of 7 Order No. 99141102 Description: The land referred to herein is situated in the State of California, County of SANTA CLARA, CITY OF CUPERTINO, and is described as follows: PARCEL ONE: LOT 204 AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF INSPIRATION HEIGHTS, MONTA VISTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN BOOK "P" OF MAPS, AT PAGE 13. PARCEL TWO: LOT 209 AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF INSPIRATION HEIGHTS, MONTA VISTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN BOOK "P" OF MAPS, AT PAGE 13. PARCEL THREE: LOT 219 AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF INSPIRATION HEIGHTS, MONTA VISTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN BOOK "P" OF MAPS, AT PAGE 13. EXCEPTING THEREFROM SAID LOT 219 THAT PORTION DESCRIBED IN THE DEED RECORDED OCTOBER 9, 1996, INSTRUMENT NO. 13477988, OFFICIAL RECORDS OF SANTA CLARA COUNTY. EXCEPTING FROM PARCELS ONE, TWO AND THREE THE UNDERGROUND WATER RIGHTS AS CONVEYED TO CITY OF CUPERTINO, BY DEED RECORDED FEBRUARY 7, 1997, INSTRUMENT NO. 13606630, OFFICIAL RECORDS OF SANTA CLARA COUNTY. ASSESSOR'S PARCEL NO.: 342-44-028 Page 3 of 7 Order No. 99141102 EXHIil B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: General and special property taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 1999/2000. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement affecting the portion of said land and for the purpose stated herein, and incidental purposes. In favor of: SANTA CLARA VALLEY LAND CO. No representation is made as to the present ownership of said easement. For: INGRESS AND EGRESS Recorded: MAY 13, 1922 Book: 556 Page: 30 Affects: SAID LAND REFERENCE IS HEREBY MADE TO THE RECORD FOR FULL PARTICULARS. Page 4 of 7 Order No. 99141102 G� EXHII1 A) THE EFFECT OF: LOT LINE ADJUSTMENT FOR GRACIA ON CORDOVA ROAD EXECUTED BY: BERT VISKOVICH, CITY ENGINEER, CITY OF CUPERTINO, RECORDED: AUGUST 19, 1996 INSTRUMENT NO.: 13411825 B) LOT LINE ADJUSTMENT FOR GRACIA ON CORDOVA ROAD EXECUTED BY: BERT VISKOVICH, CITY ENGINEER, CITY OF CUPERTINO RECORDED: OCTOBER 9, 1996 INSTRUMENT NO.: 13477987 NOTE: GRANT DEEDS WERE REQUIRED TO RECORD WITHIN 12 MONTHS FROM THE APPROVED DATE, WHICH DID NOT GET RECORDED. END OF EXCEPTIONS Page 5 of 7 Order No. 99141102 INFORMATIONAL NOTES: EXHIB11 Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 1 16/1 16.2. There are no conveyances affecting said land recorded within 24 months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. General and special property taxes for the fiscal year shown below have been paid. Fiscal Year: 1998-1999 Total Amount: $1,204.24 First Installment: $602.12 PAID Second Installment: $602.12 PAID Land: $37,692.00 Improvements $68,863.00 Exemptions: $7,000.00 Code Area: 13-089 Parcel Number: 342-44-028 9/13/99 HL CC: RICHARD E. GRACIA 9/16/99 (UPDATE & AMEND) WH Page 6 of 7 Order No. 99141102 GOOD FUNDS LAW CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES: SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. " NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING WITH A CHECK AGAINST A FDIC INSURED BANK). " 2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES A "HOLD" ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989.) NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES. PRELIMINARY CHANGE OF OWNERSHIP REPORT NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. IRS FORM 1099 BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099, OR ITS EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF THE INTERNAL REVENUE SERVICE. NOTICE OF A WITHHOLDING REQUIREMENT THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18862) ON SALES OF REAL PROPERTY. IN ACCORDANCE WITH SECTION 18662 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO 3 1 /3 PERCENT OF THE SALES PRICE, IN THE CASE OF A DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: ' A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR ' A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR FOR FAILURE TO WITHHOLD, THE BUYER MAY BECOME SUBJECT TO A PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: ' THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR ' THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA OR THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS. IN THE EVENT THE BUYER REQUIRES WITHHOLDING OF THE 3 1/3 PERCENT OF SALES PRICE FROM THE SELLERS PROCEEDS, THE BUYER IS REQUIRED TO FILE A COPY OF FORM FTB597 WITH THE FRANCHISE TAX BOARD ALONG WITH THE WITHHOLDING AMOUNT DUE NO LATER THAN THE 20TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE WITHHOLDING OCCURRED, UNLESS THE SELLER HAS REQUESTED A WAIVER. IF THE SELLER HAS REQUESTED A WAIVER, THE FRANCHISE TAX BOARD, WITHIN 45 DAYS, WILL EITHER AUTHORIZE A REDUCED AMOUNT, OR NO AMOUNT, OR DENY THE REQUEST, AT WHICH TIME THE AMOUNT WITHHELD ALONG WITH COPY A OF FORM FTB 597 MUST BE SENT TO THE FRANCHISE TAX BOARD, AT THE FOLLOWING ADDRESS: FRANCHISE TAX BOARD WITHHOLDING AT SOURCE UNIT, P.O. BOX 651, SACRAMENTO, CALIFORNIA 95812-0651 (916) 845-4900. Page 7 of 7 Order No. 99141102 i ON •ao _ OOOMH3OI x tll�lll x 2 O tt 0 p N \ U � + a \ob WE N EXHIBil B 4 -8y m ag SMONI 4J to I.L. ]- = C L'.l Z z Ltl OQ[`.. F- C= ti z zv = fl Cl�r—a+L+ar V ZG.7Q F- ` i Z tQ V CDUWF- �` CL U T Z W U J O>- 3 OOC7� Z Q p CC: L�-~U Qw: Zwwmcn ZT Q U CL in F- F- ~CLQF-OU)C'3 Q OCT-25-1999 MON 11:31 AM NATCO-PLEASANTON PLANT FAX NO. 925 4630617 P. 02108 14987720 Page 1 RECORDING REQUESTED BY Nof -American Title Company Order No. 99140659 Escrow No. 99140659 i WHEN RECORDED MAIL TO: Mr. and Mrs. Diehl 10555 Cordova Road Cupertino. CA 95014 �fli�i��o����niNi�u Titlee:l / Pages' 7 Fees.... 45.00• Taxes , . Copies„ AMT PAID 45.00 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of North American Title Company RDE a 102 7/09/1999 8100 AM SPACE ABOVE TM S LINE FOR RECK's Usa MAIL TAX STATEMENTS TO: The undersigned grentor(s) declare(s): CITY TRANSFER TAX $ None Due —DOCUMENTARY TRANSFER TAX$ None Due" SURVEY MONUMENT FEE $ Computed on the consideration or value of property conveyed; OR _ Computed on the consideration or value less liens nc m i In t t m. AI APN 343-44-010 GRANT DEED "LOT LINE ADJUSTMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DONALD H. DIEHL and ALMA E. DIEHL, his wife Do hereby GRANT to DONALD H. DIEHL and ALMA E. DIEHL, his wife as joint tenants The real property in the City of Cupertino County of Santa Clara State of California, described as FOR LtGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THE PURPOSE OF THIS DEED IS TO ESTABLISH OF RECORD THE LOT LINE ADJUSTMENT RECORDED JUNE 18, 1999, INSTRUMENT NO. 14862447, OFFICIAL RECORDS. Dated: rl STATE OF CALIFORNIA ) COUNTY OFR—hajj— 0-1�_ ) ss afore me, the u do i nod. personally ap are a Ohl Personally known to ma (or to b on the bails of satisfactory evldonca) to be the peraon(a ame(s) Is/are subscribed to dm within instrument and ackn edge me t heJsheJthey executed the same in histherltheIr a capad ), and that by his/her/their slpnature(a) on the In a pe (s) or the entity upon behalf of WhIch the person a eartod a instrument. WITNESS my)t nd a cial se D6 d H. Diehl Alma E. Diehl r Q �CIMIIRIISIINI NEDIKR 119480e Notary Public - California Sonia CIS County My Comm.E6orm Sep 3. 2�X OCT-25-1999 11:35 925 4630617 95': P.02 OCT-25-1999 MON 14CS7720 Paco 2' 11:32 AM NATCO-PLEASANTON PLANT FAX N0, 925 4630617 P. 03/08 PROPOSED PARCEL, "A„ LEGAL DESCRIPTION EXHIB11, B All that certain real property situate in the City of Cupertino, County of Santa Clary. State of California described as follows: Beginning at the northwesterly corner of Section 220 as shown on that certain Record Ol' Survey filed for record in Book 713 of Maps at page 43, Santa Clara County Records; thence along the northerly line ofsaid Section 220 S 89040'00" E 100.65 feet; thence leaving said northerly line S 06°32' 14" W 80.01 feet; thence S 04°36'54" E 29.56 feet to the northerly line of Section 202 as shown on said Map; thence along said northerly line N 89040'00" W 35.83 feet; thence leaving said northerly line S 01 *11'09" W 94.14 feet to the northerly line of Mercedes Road as shown on said Map; thence along said northerly line of Mercedes Road N 83124'35" W 25.11 feet; thence leaving said northerly line of Mercedes Road N 01*11'09" E 102.07 feet; thence N 87031'05" W 33.34 feet to the westerly line of said Section 220; thence along said westerly line NORTH 97.09 feet to the POINT OF BEOINNING. Said parcel of land containing 10,000 square feet (net) and 12,319 square feet (gross). Prepared by: Marvin D. Kirkeby R.C-E No. 14001 Expires 3/31/2001 j OCT-25-1999 1i=35 925 4630617 95% P.03 OCT-25-1999 MON 11:32 AM NATCO-PLEASANTON PLANT 4887721 Page 3 FAX NO. 925 4630617 P. 04/08 Par if No. EXIS11 Propoiid A 17 238, SY, 10,000 S F El 5,720S 14,915 S C 9,203 S F 9 203 S.F. p 3 F EXri1Of I .b ( NET) (12,319 5,F.-09o55) I j N es•�000• W . I ,. zi�ei 220 PARCEL A S \ 9 y z \ 2013 Nip .�'� PARCEL B .W, S 33,3 • ' 60,63 .. , i H 61140'22 W 4 ' \ 3�b3'` ,y `r 7~a�i �`"'�'-1 � ee.00 N 59,osoo- W ,�� • ' 1 Wa'ro• 200. �.,�SF 1 0 202 w - PARCEL D — PARCEL C MER ee ES ' EXHIBIT A " s I i KIRKESY ENGINEERING' PLAT TO ACCOMPANY DESCRIPTION SGAL , r • ao' 2397 FOREST AVENUE PROPOSED PARCEL A DATE, AEML 1999 .AN .LOSE, CA 95128 (408) 984.0331 JOB NO. 96044� to . ....-------------------------------------------- - OCT-25-1999 11:35 925 4630617 95% OCT-25-1999 MON 11:32 AM NATCO-PLEASANTON PLANT 14827720 Page 4 FAX NO, 925 4630617 P. 05/08 PROPOSED PARCEL "B" LEGAL DESCRIPTION EXHIBIT B All that certain real property situate in the City of Cupenino. Count;- of Santa Clara. State of California described as follows: Beginning at the northeasterly comer of Section 220 as shown on that certair. Record Of Survey filed for record in Book 713 of Maps at page 43, Santa Clara County Records: thence along the northerly line of said Section 220 N 89°40'00" W 110.84 feet; thence leaving said northerly line S 06°32'14" W 80.01 feet; thence S 04°?6'64" E 29.56 feet to the northerly line of Section 202 as shown on said Map; thence alone said northerly line S 89040'00" E 10.86 feet and N 44133'41" E 3.86 to the northeasterly corner of Section 202 as shovm on said Map; thence S 55°25'40" E 89.44 feet the northwesterly line of Cordova Road as shown on said Map; thence along said northwesterly line of Cordova Road N 44033'41" E 84.78 feet: thence leaving said nortliwesterly line N 45°26' 19" W 87.10 feet to the southeasterly line of Section 230 as shown on said Map; thence alone said southeasterly Iine N 44033'41" E 48.13 feet to the POINT OF BEGINNING. Prepared by: Mandn D. Kirkeby R.C.E No. 14001 Expires 3/31/2001 1 OCT-25-1999 11:35 925 4630617 96: P.05 'oCT=26-1999 MON 11'32 AM NATCO-PLEASANTON PLANT FAX NO. 925 4630617 L9"81120 Page S -- P. 06i06 11 &�S %i ■ ! Y--/ ■ 4 - r Par el No. Exlslfna Pr9posid A 17 23B. 10,000 S.F. ( NET ) E IT A -8,720sF. 14,915 SFL C 9,203 S F 9 203 S. I 3 F I � i I N a9•40100" w i 2101 •_-� v r 100.63 I10.li 220 PARCEL A n 20;3\ • 6 .ti�� ' PARCE\ B 04 $3 vi .a.6:,6• 13J2 [6.00 HouN 09.40,090 w 200. IM•��y0• SE NJ 202 w PARCEL D X PARCEL C 44._ W i07.o7 = 0%404 x MEN' C'FD,E'S R0.4D - a�/ EXHIBIT A KIRKEBY ENGINEERING' PLAT TO ACCOMPANY DESCRIPTION SCALE: r , 5o, 2397 FOREST AVENUE PROPOSED PARCEL B DATE-_AML 1299 SAN.JOSE, CA 95128 108) 984-0331 JOB No. 94044 --I I OCT-25-1999 11:35 925 4630617 95% P.06 OCT-25-1999 MON 11:32 AM NATCO-PLEASANTON PLANT 4887720 Yaga 6 FAX N0. 925 4630617 PROPOSED PARCEL"C" LEGAL DESCRIPTION P. 07/08 EXHIBIT B EXT A All that certain real property situate in the City of Cupertino, Countyof Santa Clara. State of California described as follows: Beginning at the northeasterly corner of Section 202 as shown on that certain Record Of Survey filed for record in Book 713 of Maps at page 43, Santa Clara County Records: thence along the northerly line of said Section 202 S 44°33'41" W 3.86 feet and N 89040'00'' W 46.69 feet; thence leayina said northerly line S 010l V09" W 94.14 feet to the northerly line of Mercedes Road as shown on said Map; thence along said northerly line of Mercedes Road S 83°24'35" E 70.91 to the northwesterly line of Cordova Road as shown on said Map; thence along said northwesterly line of Cordova Road N 44033'41" E 76.57 feet; thence leaving said northwesterly line of Cordova Road N 55025'40" W 98.44 feet to the POINT OF BEGINNING. Prepared by; Marvin D. Kirkeby R.C.E No. 14001 Expires 3/31/2001 OCT-25-1999 MON 11:32 AM NATCO-PLEASANTON PLANT .'887720 Page 7 1 AT A I FAX NO, 925 4630617 Pr 08/08 Por el No, Exlsllng Propo36d�� A 17 238 10 000 S Fl. f NET EX 8 720 14 915 S C 9,203 S.F., 9,203 S.F. I D a533 S_F. 19.5.9A 4 F• I . I SClLL r . Do, I' / N Ds'40row W — 21L�1 / 110.96 2h20 y 1"ARCEL A ` +J` w *a. ' -W, a. PA DEL B N'63'4_O'oo- w 33.34 iPO, B. 7512 = , 25,00 46.69 �• O N e9.40VO, W 200 .E o 202 w PARCEL 0 PARCEL C- W JP IO�A2 � i O �N e3'243n, w 231, 3 1 20J.OsJ M � � C c- D R of CI►l� "EXHIBIT A" - KIRKEBY ENGINEERING' PLAT TO ACCOMPANY DESCRIPTION SCALE: r:5o, 2397 FOREST AVENUE PROPOSED PARCEL C bATE:_AML 1999 SAN NOSE, CA 95128 (408) 984-0331 JOB No. 98044 OCT-25-1999 11:35 925 4630617 951. P.09