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LLA: William M. Hidaka & Chieko Hidaka, (Parcel A) USPS (Parcel B), 21701 Stevens Creek Blvd, 10237 Adriana Ave, APNs: 326-20-053, 326-20-054NO97PAGE 1857 12181713 FEE RECORDING REQUESTED BY: City of Cupert �,� —I-�-� RETURN TO: City of Cupertino `ITG 10300 Torre Avenue H.E0 _! u,te Cupertino, CA 95014 "r =,C �J Icls� ?I Recordedatthe Request6- Firg American title Guaranty Co. OCT 28 IS f�.f1t1. �.M�, � � LAURIE KANE, Recorder Santa Clara County, OffWl Retards OCT 2 8 1993 PROPERTY OWNERS: William M. Hidaka and Chieko Hidaka, his wife (Parcel A) United States Postal Service (Parcel B) ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSIMIIV'T' 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 and B, as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been sulxnitted 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 18-1.202.3C 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 49 day of k� V 1992. aI • � •► I1WH: 0 11/92 No9]PAGE 1 858 Exhibit A ADJUSTED PARCEL A: Commencing at a point on the northerly line of Adriana Avenue at the most easterly corner of Lot 11, as said Avenue and Lot are shown on that certain Map entitled "Tract No. 651, Knoll Vista Subdivision", which Map was recorded in the office of the Recorder of the County of Santa Clara on October 31, 1949 in Book 24 of Maps, at Page 39; thence easterly along the northerly and northeasterly line of Adriana Avenue on a curve to the right with a radius of 40 feet through an angle of 68*26110" for a distance of 47.48 feet to the TRUE POINT OF BEGINNING; thence North 15*40115" East, 70.00 feet; thence North 10*30129" West, 56.92 feet; thence North 76*15126" East, 90.00 feet, to the southwesterly right of way of Southern Pacific Railroad Company; thence southeasterly along said right of way on a curve to the right with a radial bearing of South 65` 52123" West, having a radius of 3819.75 feet, through an angle of 2'43128" a distance of 181.64 feet; thence North 89*56100" West, 50.91 feet; thence North 89'54145" West, 108.43 feet to said northeasterly line of Adriana Avenue; thence northwesterly along said last named line on a curve to the left with a radius of 40 feet, from a tangent which bears due North, through an angle of 34'13105" for a distance of 23.89 feet to the TRUE POINT OF BEGINNING. 5/08/92 DBH 083-6 ZF N097PAGE 1 859 Parcel B: All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: BEGINNING at the point of intersection of the centerline of Stevens Creek Boulevard with the centerline of Pasadena Avenue; thence along the easterly line of that certain 2.91 acre parcel of land shown on "Tract No. 651, Knoll Vista Subdivision", filed in the Office of the Recorder of Santa Clara County in Book 24 of Maps, Page 39, North 0' 04' East, 1055.00 feet; thence South 89*56100" East 50.91 feet to the southwesterly line of the Southern Pacific Railroad Company's right of way; thence southeasterly along said southwesterly right of way line along a curve to the right with a radial bearing of South 68`35152" West, with a radius of 3819.75 feet, an arc length of 154.71 feet; thence South 19'04154' East 963.22 feet, to the centerline of said Stevens Creek Boulevard; thence along said centerline, North 89'56100" West, 420.58 feet to the POINT OF BEGINNING. 4-/12/92 DBH 083-6 F�c N 1131 , A NO97PAGE 1860 ORIGINAL HIDAKA PARCEL Commencing at a point on the northerly line of Adriana Avenue at the most easterly corner of Lot 11, as said Avenue and Lot are shown on that certain Map entitled "Tract No. 651, Knoll Vista Subdivision", which Map was recorded in the office of the Recorder of the County of Santa Clara on October 31, 1949 in Book 24 of Maps, at Page 39; thence easterly along the northerly and northeasterly line of Adriana Avenue on a curve to the right with a radius of 40 feet through an angle of 68026110" for a distance of 47.48 feet to the TRUE POINT OF BEGINNING; thence North 15*40'15" East, 70.00 feet; thence North 10*30129" West, 56.92 feet; thence North 76015126" East, 90.00 feet, to the southwesterly right of way of Southern Pacific Railroad Company; thence southeasterly along said right of way on a curve to the right with a radial bearing of South 65° 52123" West, having a radius of 3819.75 feet, through an angle of 0*43135" a distance of 48.42 feet; thence South 0'04100" West, 123.10 feet; thence North 89'54145" West, 108.43 feet to said northeasterly line of Adriana Avenue; thence northwesterly along said last named line on a curve to the left with a radius of 40 feet, from a tangent which bears North 00*05115" East, through an angle of 34'13105" for a distance of 23.89 feet to the TRUE POINT OF BEGINNING. 5/08/92 DBH 083-6 i Aj err, 27 7J 93 Ex A/5(T A NO97PAGE f 86 1 MPO - Original Parcel All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: BEGINNING at the point of intersection of the centerline of Stevens Creek Boulevard with the centerline of Pasadena Avenue; thence North 0' 04' East along the easterly line of that certain 2.91 acre parcel of land shown on "Tract No. 651, Knoll Vista Subdivision", filed in the Office of the Recorder of Santa Clara County in Book 24 of Maps, Page 39, 1178.10 feet to the southwesterly line of the Southern Pacific Railroad Company's 80 foot right of way; thence southeasterly along said southwesterly right of way line along a curve to the right with a radial bearing of South 66*35158" West, with a radius of 3819.75 feet, an arc length of 287.93 feet; thence South 19'04154' East 963.22 feet, to the centerline of said Stevens Creek Boulevard; thence along said centerline, North 89'56100" West, 420.58 feet to the to the POINT OF BEGINNING. 4/12/92 DBH 083-6 6x 141 F3IT A SCALE 1" = 100' CURVE RADIUS LENGTH DELTA C1 3.819.75' 133.22' 01'59'54" C2 381 9.75' 154.71 ' 02' 1 9' 1 4" C3 381`),15 161.64, 02043'z8" riU*-' 11-0Ut 1 001 (�1 G F � 63.22 P ' O v POST OFFICE T S � Vy - CURB 6so r- s �C2 �PARCEL B $1. 253,473 S.F. BEFORE / 250,287 S.F. AFTER �- �C1 } N 89'56'00" W NEW PROPERTY LINE�- h2 ��$' 123.10' z N 00'04'00" E 1G55.00' .; ^ 01_D PROPERTY LINEr,(j" 16,254 S.F. BEFORE 19,43q S.F. AFTERCENTERLINE 10'. SSE PARCEL A IC) �) 56.92 70 - — — 34-113'05 L= 23.69 A D R I A N A A V E N U E \Q N 10°30'29" W P,O,C. R= 40.00' PARCE\- A p= (050 2(0' 10'' - // N f5°40' 1 5" E I'm I � MZ �< LR rn 1 ' � cn z0 0 N O ,\,. P. D . a . Far ccl R) ECHOT A �(Jj N 1110 p FG-1 z 0 0 m zm 00 0LLJ n :2 a ( r) F-- z U% o J ` U \® O z < �- Y LL w < Z_ J � z� 0 SHEET 1 OF , SHEET al[ 6-13-21 im 003-6 N097PAGE 1 864 EkX/HIPf)fT E3 First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be dosed, the seller must furnish a correct 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 Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 675 North First Street San Jose, CA 95112 (408) 266-6353 N097P�GE ! 865 APPLICANT: William Hidaka and Chieko Hidaka 10237 Adriana Ave. Cupertino, CA 95014 COPIES TO: None YOUR CONTACT PERSON CALL FAX NO. ESCROW ORDER NO. TITLE ORDER NO. TITLE OFFICER CUSTOMER REFERENCE PROPERTY ADDRESS IS Jim Rhoden (408) 286-6353 (408) 298-4437 752549 752549 Donna Kimball None Shown t0901921w Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, 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 form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 a policy of title insurance, a Binder of Commitment should be requested. Robert J. Gilardoni Title Operations Manager 111 EXHIB7 ff�) P-097Ph,GE 1 866 Dated as of July 14, 1992 at 7.30 am. Title to said estate or interest at the date hereof is vested in: Order No. 752549 Page No. 2 Photographic image may bra poor due to condition of original document. O UNITED STATES 1!~ ' Alt e and WILLIAM M. HIDAKA AND CHIEKO HIDAKA, HIS WIFE, as to Parcel Two The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCEL(S) ONE AND TWO, AN EASEMENT AS TO PARCEL(S) THREE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 2. 3. 4. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1992- 1993, a lien not yet due or payable. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. EASEMENT for the purposes stated herein and incidents thereto Purpose Ingress, egress and public utilities Granted to Charles Rifredi and Adriana Rifredi, his wife as joint tenants as to an undivided 1/3 interest; Angelo Quinterno and Linda Quinterno, his wife as joint tenants as to an undivided 1/3 interest; and Paul Quinterno, an unmarried man as to an undivided 1/3 interest Recorded : February 26, 1947 in Book 1433, page 439, Official Records Affects A strip of land 35.00 feet in width the Westerly line of which is described as follows: Beginning at a point in the center line of Stevens Creek Road, at the Southwesterly corner of the above described 3.94 acre tract of land, and running thence along the Westerly line of said 3.94 acre tract of land North 00 04' East 1161.04 feet to a point in the Southwesterly line of the Southern Pacific Railroad right of way. Said easement was also granted in the following deeds of record: June 14, 1966 in Book 7410, page 210, May 2, 1988 in Book K520, page 1134, both of Official Records. Said matter affects Parcel Two. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions or terms, but deleting restrictions, if any, based on race, color, religion or national origin contained in the document recorded October 23, 1950 in Book 2080, page 133, Official Records. O<H (BIT E3 H097PAGE 1 867 Order No. 752549 Page No. 3 4. (continued) CONTAINS mortgagee protection clause. Said matter affects Parcel Two. 5. EASEMENT for the purposes stated herein and incidents thereto Purpose Sewage pipe line and other purposes Granted to Cupertino Sanitary District of Santa Clara County Recorded September 18, 1957 In Book 3892, page 345, Official Records Affects : A strip of land ten (10) feet wide, the Southerly line of which Is more particularly described as follows: Beginning at the Southeasterly comer of that certain tract of land conveyed to Melvin G. Jacobs, et ux, by Deed recorded in Book 3447, Official Records, page 385, Santa Clara County Records, on the Easterly line of Tract No. 651, Knoll Vista Subdivision, a Map of which is filed for record in Book 24 of Maps, Page 39, Santa Clara County Records, said corner being distant thereon 75 feet Northerly along said Easterly line of Tract No. 651 from the Easterly line of Lot 10 of said Tract No. 651; thence Easterly along the Easterly prolongation of the Southerly line of the said tract of land conveyed to Melvin G. Jacobs, et ux, to the intersection thereof with Southwesterly line of Southern Pacific Company right of way, 80 feet wide. The terms conditions and provisions contained in said document. Reference is hereby made to the record for further particulars. Said matter affects Parcel One. 6. EASEMENT for the purposes stated herein and incidents thereto Purpose : Sewage pipeline and other purposes Granted to : Cupertino Sanitary District of Santa Clara County Recorded : October 4, 1957 in Book 3905, page 624, Official Records Affects Southerly 10 feet of Parcel Two The terms, conditions and provisions contained in said document. Reference is hereby made to the record for further particulars. Said matter affects Parcel Two. 7. EASEMENT for the purposes stated herein and incidents thereto Purpose : Sewage pipeline and other purposes Granted to Cupertino Sanitary District of Santa Clara County Recorded April 28, 1966 in Book 7363, page 114, Official Records Affects A strip of land ten (10) feet wide, the centerline of which Is more particularly described as follows: EX H f [3 (T T3 H097PAGE 1 868 Order No. 752549 Page No. 4 7. (continued) Beginning at a point which is S. 890 56' E. 126.16 feet and N. 0° 04' E. 165.80 feet from the Southwesterly corner of lands of Charles Rifredi and Adriana Rifredi, his wife, as described in the Deed recorded in Book 1314, Official Records, page 210, Santa Clara County Records, said Southwesterly corner also being the intersection of the center lines of Stevens Creek Boulevard and Pasadena Avenue; thence N. 00 04' E. 505.00, and N. 280 38' E. 69.70, more or less to a point which Is five feet Southwesterly, measured at right angles from the Northeasterly boundary of said lands of Charles Rifredi and Adriana Rifredi, his wife; thence, running parallel to and five feet Southwesterly, measured at right angles, from said Northeasterly boundary, 345 feet, more or less, Northwesterly to the intersection with the existing ten feet sanitary sewer easement conveyed to Cupertino Sanitary District by Grant of Easement, recorded In Book 3892 of official Records, page 345, Santa Clara County Records. The terms, conditions and provisions contained in said document. Reference is hereby made to the record for further particulars. The right title and interest of Charles Rifredi and Adriana Rifredl in and to that certain sewage system disclosed in a Grant of Easement recorded in Book 7363, page 114, Official Records in hereby transferred and conveyed to Cupertino Sanitary District by that certain document recorded August 31, 1966 in Book 7492, page 288, Official Records. The right title and interest of Cupertino Sanitary District in and to that certain sewage system disclosed in a Grant of Easement recorded in Book 7363, page 114, Official Records is hereby transferred and conveyed to The United States Postal Service by that certain document recorded March 4, 1992 in Book M73, page 1857, Official Records. Said matter affects Parcel One. 8. EASEMENT for the purposes stated herein and incidents thereto Purpose Roadway and other purposes Granted to : City of Cupertino Recorded July 11, 1979 in Book E631, page 199, Official Records Affects : As follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: A portion of that certain parcel of land deeded to Angelo R. Ouinterno on November 25, 1958 in Book 4241 page 508-509, of Official Records, Santa Clara County. Beginning at the point of intersection of the center line of Stevens Creek Boulevard with the Southwesterly line of the Southern Pacific Railroad Company's right of way; thence from said point of beginning along the centerline of Stevens Creek Boulevard, N. 890 56' W., 97.76 feet; thence N. 00 04' E., 37.00 feet; thence S. 890 56' E., 84.97 feet to a point on the Southwesterly line of the lands of the Southern Pacific Railroad Company; thence S. 190 E., 39.15 feet along said Southwesterly line to the point of beginning. Said matter affects Parcel One. �H I SIT NO97PAGE 1 869 Order No. 752549 Page No. 5 g. EASEMENT for the purposes stated herein and incidents thereto Purpose Roadway and other purposes Granted to City of Cupertino Recorded November 30, 1979 in Book E984, page 478, Official Records Affects As follows: All that certain real property situate In the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: A portion of that certain parcel of land deeded to Paul Quinterno on July 8, 1969 in Book 8597, page 478 of Official Records, Santa Clara County. Commencing at the point of intersection of the centerline of Stevens Creek Boulevard with the Southwesterly line of the Southern Pacific Railroad Company's right of way; thence N. 890 56' W., 97.76 feet to the true point beginning; thence from said true point of beginning continuing along said centerline of Stevens Creek Boulevard N. 890 56' W., 104.0 feet; thence leaving said centerline and running at right angles thereto N. 00 04' E., 37.0 feet; thence S. 890 56' E., 104.0 feet; thence S. 0° 04' W., 37.0 feet to the true point of beginning. Said matter affects Parcel One. 10. EASEMENT for the purposes stated herein and incidents thereto Purpose : Roadway and other purposes Granted to : City of Cupertino Recorded : August 14, 1981 in book G331, page 598, Official Records Affects : As follows: A strip of land 37 feet wide, the Southerly line being the centerline of Stevens Creek Boulevard, more particularly described as follows: C-�XN(al T 1�!) H097PGE 1 870 Order No. 752549 Page No. 6 10. (continued) Affects: continued Beginning at a point in the centerline of Stevens Creek Boulevard, at the Southwesterly comer of that parcel of land described In the deed from Hurl O. Gagilasso at at, to Charles Refredi et ux, dated August 25,1941 and recorded August 28, 1941 In Book 1051 r v� of official Records, at page 531, Santa Clara County Records; Thence S. 890 56' E., 125.00 feet along the centerline of Stevens Creek Boulevard to the ,r Southeasterly corner of that parcel of land described in the deed from Fiurl O. Gagliasso r at al to Charles Refredi, et ux, dated January 5, 1931 and recorded January 8, 1931 In r- 7 ook 546 of Official Records at page 429. r] co 0 id matter affects Parcel One. c a � �o i11: � THE EFFECT of a Homestead Declaration By William M. Hidaka and Chieko Hidaka Q� J Date Executed June 18, 1982 Recorded June 22, 1982 in Book G857, page 740�Official Records Said matter affects Parcel Two. Q7i� �`12. CLAIM OF LIEN for labor and/or materials furnished jC > J pal - Claimant HSR, Inc. n . h- Amount $21,500.00, plus interest cr. Recorded February 11, 1992 in Book M043, page 0930, Official Records. Said matter affects Parcel One. 13. ANY CLAIMS OF LIEN that may be recorded against said land by reason of construction of an . improvement thereon 114. Disclosed by Claim of Uen Recorded February 11, 1992 In Book M043, page 0930, Official Records. The fact, as disclosed by that certain Claim of Uen, recorded February 11, 1992, Book M43, page 930, Official Records, that some violation of the Environmental Protection Laws may have C occured, which may affect the land. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any 0'`� options to purchase or rights of first refusal contained therein. Any rights of tenants in possession as disclosed by off -record information. J6. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. L� EXH 1 'P::51 T T� N097PAGE 1871 Order No. 752549 Page No. 7 17. Information in possession of this company indicates that this may be a division of land, as defined in Government Code Section 66424. Such a division of land would appear to fall within the purview of the Subdivision Map Act (commencing with Government Code Section 66410). As a prerequisite to the issuance of any Policy of Title Insurance, evidence of at least one of the following requirements must be accomplished to this Company's satisfaction: 1) That a Final (Tract) Map has been recorded in compliance with the Subdivision Map Act and related ordinances; 2) That a Parcel Map has been recorded in compliance with the Subdivision Map Act and related ordinances; or 3) That a Certificate of Compliance as provided for in the Subdivision Map Act (Government Code 66499.35) has been recorded; or that other satisfactory evidence indicating compliance or non -violation be furnished. 18. RIGHTS OF THE PUBLIC over that portion of said land lying within Stevens Creek Blvd. as it now exists. INFORMATIONAL NOTES A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: None B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years. C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. D) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. �X H I BIT N097PMGE 1 872 Order No. 752549 Page No. 8 LEGAL DESCRIPTION REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: All that portion of the N.W. 1/4 of Section 14, T. 7 S., R 1W., M.D.B. & M, described as follows: Beginning at the Northeasterly comer of that certain 2.91 acre parcel of land shown on 'Tract N. 651, Knoll Vista Subdivision", the Official Plat of which is filed in the Office of the Recorder of Santa Clara County in Book 24 of Maps, page 39, said point of beginning being further described as a point on the Westerly right of way line of the Southern Pacific Railroad Company's 80 foot right of way; thence from said point of beginning, along the Westerly line of said Southern Pacific Co. right of way the following two courses; (1) Curving to the right of an arc of 3819.75 feet radius, said arc being subtended by a chord bearing South 210 14' 52" East 287.86 feet, and (2) South 190 04' 54" East 963.22 feet to a point on the centerline of Stevens Creek Boulevard, thence along the centerline of said Stevens Creek Boulevard North 890 56' 00" West 420.58 feet; thence along the East line of said Tract No. 651 and the Southerly production thereof North 00° 04' 00" East 1178.10 feet to the point of beginning. PARCEL TWO: Beginning at a 2" x 2" stake on the Northerly line of Adriana Avenue, at the Easternmost corner of Lot 11, as said Avenue and Lot are shown upon that certain Map entitled, "Tract No. 561 Knoll Vista Subdivision`, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on October 31, 1949 in Book 24 of Maps, at page 39; thence Easterly along the Northerly and Northeasterly line of Adriana Avenue on a curve to the right with a radius of 40.00 feet through an angle of 680 26' 10" for a distance of 47.78 feet to a 2" x 2" stake at the true point of beginning of this description; thence North 150 35' East 70.00 feet; thence North 100 35' 44" West 374.14 feet to a 2" x 2" stake on the Southwesterly line of the lands and right of way of the Southern Pacific Railroad Company; thence Southeasterly along said last named line on a curve to the right with a radius of 3819.75 feet from a tangent which bears South 29° 05' 17" East through an angle of 50 36' for a distance of 373.34 feet to an Iron pipe set on the prolongation Northerly of the Easterly line of said Tract No. 651; thence South 00 01' 15" East, along said prolonged line, 123.10 feet to a 2" x 2" stake at the Northeasterly comer of that certain parcel of land described in the Deed from E. M. Stapp, et al, to Edward A. Kirkish et ux, dated April 9, 1952 and recorded April 23, 1952 in book 2407 Official Records, page 219, Santa Clara County Records; thence West along the Northerly line of the land so described in the Deed to said Kirkish, 108.43 feet to a 2' x 2" stake at the Northwesterly corner thereof on the said Northeasterly line of Adriana Avenue; thence Northwesterly along said last named line on a curve to the left with a radius of 40.00 feet from a tangent which bears due North through an angle of 340 13' 05" for a distance of 23.89 feet to the true point of beginning, and being a portion of the Northwest 1/4 of Section 14, Township 7 South, Range 1 West, M.D.B. & M. (LEGAL DESCRIPTION CONTINUED NEXT PAGE) Dc �A I EY T � H097PAGE 1873 LEGAL DESCRIPTION: (Continued) Excepting therefrom the following: Order No. 752549 Page No. 9 Beginning at a point on the Southwesterly line of the lands and right of way of the Southern Pacific Railroad Company at the most Northerly comer of lands of William M. Hidaka and Chieko Hidaka, his wife; thence along the Northeasterly line of Hidaka being the Southwesterly line of the aforesaid right of way of the Southern Pacific Company on a curve to the right from a tangent with a bearing of S. 291, 05' 17" E., an arc length of 324.71 feet through a central angle of 40 52' 14" to an iron pipe; thence S. 760 10' 11 " W. 89.93 feet to a 3/4 inch diameter iron pipe set on the Westerly line of said property of Hidaka; thence along said Westerly line of lands of Hidaka N. 100 35' 44" W., 317.22 feet to the point of beginning containing approximately 14980 square feet and being a portion of the Northwest 1/4 of Section 14 Township 7 South Range 1 West. PARCEL THREE: An easement appurtenant to Parcel One above, for ingress and egress and for public utilities over strips of land 35 feet wide, the Easterly lines of which are described as follows: Beginning at a point in the centerline of Stevens Creek Road at the Southwesterly corner of the 3.94 acre tract hereinabove described as Parcel One; thence along the Westerly line of said tract, North 00 04' East 230 feet, and being a part of the Northwest 1/4 of Section 14, Township 7 South, Range 2 West, M.D.B. & M. APN: 326-20-035, 050 ARB: 326-20-035, 038 �Hl51T i i 1 Photographic imago may be poor due to condition of ;,- original document, y. t. 1 y r i•% r O �O P -!ram i S� \ ► b itM" r R�'Q' � 7 � ,► Na C' R n is s a _Jf1K_ M s ra I ry ►ja'"' IE t f MCw 40 _ n.u� S rn —'-STEVENS—CRED NO97PAGE 1 874 R. 0. S. 469 / d/ r1jMU tD y� L� O N097PhGE1864 First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be dosed, the seller must furnish a correct 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 Code and the seller may be subject to civil or criminal penalties for failing to fumish a correct Taxpayer Identification Number. F i'.R--sTAMER--1CAN TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 675 North First Street San Jose, CA 95112 (408) 286-6353 ,,fir. N097PGE 1 865 APPLICANT: William Hidaka and Chieko Hidaka 10237 Adriana Ave. Cupertino, CA 95014 COPIES TO: None YOUR CONTACT PERSON CALL FAX NO. ESCROW ORDER NO. TITLE ORDER NO. TITLE OFFICER CUSTOMER REFERENCE PROPERTY ADDRESS IS Jim Rhoden (408) 286-6353 (408) 298-4437 752549 752549 Donna Kimball None Shown t0901921w Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, 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 form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 a policy of title insurance, a Binder of Commitment should be requested. Robert J. Gilardoni Title Operations Manager N097PhGE 1 866 Dated as of July 14, 1992 at 7:30 am. Title to said estate or interest at the date hereof is vested in: Order No. 752549 Page No. 2 Photographic image may bb poor due to condition of original document. UNITED STATES .') ' i$ find WILUAM M. HIDAKA AND CH{EKO HIDAKA, HIS WIFE, as to Parcel Tyro The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCEL(S) ONE AND TWO, AN EASEMENT AS TO PARCEL(S) THREE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 2. 3. 4. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1992- 1993, a lien not yet due or payable. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the Califomia Revenue and Taxation Code. EASEMENT for the purposes stated herein and incidents thereto Purpose Ingress, egress and public utilities Granted to Charles Rifredi and Adriana Rifredi, his wife as joint tenants as to an undivided 1/3 interest; Angelo Quinterno and Unda Quinterno, his wife as joint tenants as to an undivided 1/3 II ItCI CAI, a11U r17U1 %A IIIlC111V, all 11111llall ICU Illall 4S to all undivided 1/3 interest Recorded : February 26, 1947 in Book 1433, page 439, Official Records Affects A strip of land 35.00 feet in width the Westerly line of which is described as follows: Beginning at a point in the center line of Stevens Creek Road, at the Southwesterly corner of the above described 3.94 acre tract of land, and running thence along the Westerly line of said 3.94 acre tract of land North 00 04' East 1161.04 feet to a point in the Southwesterly line of the Southern Pacific Railroad right of way. Said easement was also granted In the following deeds of record: June 14, 1966 In Book 7410, page 210, May 2, 1988 in Book K520, page 1134, both of Official Records. Said matter affects Parcel Two. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions or terms, but deleting restrictions, if any, based on race, color, religion or national origin contained in the document recorded October 23, 1950 in Book 2080, page 133, Official Records, CxH(BIT E3 H097PAGE 1 867 Order No. 752549 Page No. 3 4. (continued) CONTAINS mortgagee protection clause. Said matter affects Parcel Two. 6. EASEMENT for the purposes stated herein and incidents thereto Purpose : Sewage pipe line and other purposes Granted to Cupertino Sanitary District of Santa Clara County Recorded : September 18, 1957 In Book 3892, page 345, Official Records Affects : A strip of land ten (10) feet wide, the Southerly line of which is more particularly described as follows: Beginning at the Southeasterly corner of that certain tract of land conveyed to Melvin G. Jacobs, et ux, by Deed recorded in Book 3447, Official Records, page 385, Santa Clara County Records, on the Easterly line of Tract No. 651, Knoll Vista Subdivision, a Map of which is filed for record in Book 24 of Maps, Page 39, Santa Clara County Records, said corner being distant thereon 75 feet Northerly along said Easterly line of Tract No. 651 from the Easterly line of Lot 10 of said Tract No. 651; thence Easterly along the Easterly prolongation of the Southerly line of the said tract of land conveyed to Melvin G. Jacobs, et ux, to the intersection thereof with Southwesterly line of Southern Pacific Company right of way, 80 feet wide. The terms conditions and provisions contained in said document. Reference is hereby made to the record for further particulars. Said matter affects Parcel One. 6. EASEMENT for the purposes stated herein and incidents thereto Purpose : Sewage pipeline and other purposes Granted to : Cupertino Sanitary District of Santa Clara County Recorded : October 4, 1957 In Book 3905, page 624, Official Records Affects Southerly 10 feet of Parcel Two The terms, conditions and provisions contained in said document. Reference is hereby made to the record for further particulars. Said matter affects Parcel Two. 7. EASEMENT for the purposes stated herein and incidents thereto Purpose : Sewage pipeline and other purposes Granted to Cupertino Sanitary District of Santa Clara County Recorded April 28, 1966 in Book 7363, page 114, Official Records Affects A strip of land ten (10) feet wide, the centerline of which is more particularly described as follows: Ex H I P3(T 13 H097PAGE f 868 7. (continued) Order No. 752549 Page No. 4 Beginning at a point which is S. 89' 56' E. 126.16 feet and N. 0° 04' E. 165.80 feet from the Southwesterly corner of lands of Charles Rifredi and Adriana Rifredi, his wife, as described in the Deed recorded in Book 1314, Official Records, page 210, Santa Clara County Records, said Southwesterly comer also being the Intersection of the center lines of Stevens Creek Boulevard and Pasadena Avenue; thence N. 0° 04' E. 505.00, and N. 28" 38' E. 69.70, more or less to a point which is five feet Southwesterly, measured at right angles from the Northeasterly boundary of said lands of Charles Rifredi and Adriana Rifredi, his wife; thence, running parallel to and five feet Southwesterly, measured at right angles, from said Northeasterly boundary, 345 feet, more or less, Northwesterly to the intersection with the existing ten feet sanitary sewer easement conveyed to Cupertino Sanitary District by Grant of Easement, recorded In Book 3892 of official Records, page 345, Santa Clara County Records. The terms, conditions and provisions contained in said document. Reference Is hereby made to the record for further particulars. The right title and interest of Charles Rifredi and Adriana Rifredi in and to that certain sewage system disclosed in a Grant of Easement recorded in Book 7363, page 114, Official Records in hereby transferred and conveyed to Cupertino Sanitary District by that certain document recorded August 31, 1966 in Book 7492, page 288, Official Records. The right title and interest of Cupertino Sanitary District in and to that certain sewage system disclosed In a Grant of Easement recorded in Book 7363, page 114, Official Records is hereby transferred and conveyed to The United States Postal Service by that certain document recorded March 4, 1992 in Book M73, page 1857, Official Records. Said matter affects Parcel One. 8. EASEMENT for the purposes stated herein and incidents thereto Purpose : Roadway and other purposes Granted to : City of Cupertino Recorded July 11, 1979 in Book E631, page 199, Official Records Affects : As follows: All that certain real property situate In the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: A portion of that certain parcel of land deeded to Angelo R. Ouinterno on November 25, 1958 in Book 4241 page 508-509, of Official Records, Santa Clara County. Beginning at the point of intersection of the center line of Stevens Creek Boulevard with the Southwesterly line of the Southern Pacific Railroad Company's right of way; thence from said point of beginning along the centerline of Stevens Creek Boulevard, N. 890 56' W., 97.76 feet; thence N. 00 04' E., 37.00 feet; thence S. 89° 56' E., 84.97 feet to a point on the Southwesterly line of the lands of the Southern Pacific Railroad Company; thence S. 190 E., 39.15 feet along said Southwesterly line to the point of beginning. Said matter affects Parcel One. NO97PAGE 1 8G9 Order No. 752549 Page No. 5 9. EASEMENT for the purposes stated herein and incidents thereto Purpose Roadway and other purposes Granted to City of Cupertino Recorded November 30, 1979 In Book E984, page 478, Official Records Affects As follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: A portion of that certain parcel of land deeded to Paul Quinterno on July 8, 1969 in Book 8597, page 478 of Official Records, Santa Clara County. Commencing at the point of intersection of the centerline of Stevens Creek Boulevard with the Southwesterly line of the Southern Pacific Railroad Company's right of way; thence N. 890 56' W., 97.76 feet to the true point beginning; thence from said true point of beginning continuing along said centerline of Stevens Creek Boulevard N. no 56' W., 104.0 feet; thence leaving said centerline and running at right angles thereto N. 00 04' E., 37.0 feet; thence S. 890 56' E., 104.0 feet; thence S. 0° 04' W., 37.0 feet to the true point of beginning. Said matter affects Parcel One. 10. EASEMENT for the purposes stated herein and incidents thereto Purpose : Roadway and other purposes Granted to : City of Cupertino Recorded : August 14, 1981 in book G331, page 598, Official Records Affects : As follows: A strip of land 37 feet wide, the Southerly line being the centerline of Stevens Creek Boulevard, more particularly described as follows: C-�xN(B�T 1�!) N097PAGE 1 870 Order No. 752549 Page No. 6 10. (continued) Affects: continued Beginning at a point In the centerline of Stevens Creek Boulevard, at the Southwesterly comer of that parcel of land described in the deed from Furl O. Gagliasso at al, to Charles Refredi et ux, dated August 25, 1941 and recorded August 28, 1941 in Book 1051 of official Records, at page 531, Santa Clara County Records; Thence S. 89" 56' E., 125.00 feet along the centerline of Stevens Creek Boulevard to the ,r Southeasterly corner of that parcel of land described in the deed from Furl O. Gagliasso r et al to Charles Refredi, et ux, dated January 5, 1931 and recorded January 8, 1931 In 7 c�800k 546 of Official Records at page 429. 6r, Q _b4id matter affects Parcel One. G °y J1I. THE EFFECT of a Homestead Declaration By William M. Hidaka and Chieko Hidaka Date Executed June 18, 1982 Recorded June 22, 1982 in Book G857, page 740�Off icial Records Said matter affects Parcel Two. �7 jy` 12. CLAIM OF UEN for labor and/or materials furnished Claimant HSR, Inc. , 3 Amount $21,500.00, plus Interest Recorded February 11, 1992 in Book M043, page 0930, Official Records. Said matter affects Parcel One. 13. ANY CLAIMS OF LIEN that may be recorded aq_ainst said land by reason of construction of an . improvement thereon Disclosed by Claim of Lien Recorded February 11, 1992 In Book M043, page 0930, Official Records. 14. The fact, as disclosed by that certain Claim of Lien, recorded February 11, 1992, Book M43, page 930, Official Records, that some violation of the Environmental Protection Laws may have occured, which may affect the land. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options to purchase or rights of first refusal contained therein. s s-1 Any rights of tenants in possession as disclosed by off -record information. 6. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. �r P E,'<H 1131 T F�S N097PAGE 1 871 Order No. 752549 Page No. 7 17. Information in possession of this company indicates that this may be a division of land, as defined in Government Code Section 66424. Such a division of land would appear to fall within the purview of the Subdivision Map Act (commencing with Government Code Section 66410). As a prerequisite to the issuance of any Policy of Title Insurance, evidence of at least one of the following requirements must be accomplished to this Comparry's satisfaction: 1) That a Final (Tract) Map has been recorded in compliance with the Subdivision Map Act and related ordinances; 2) That a Parcel Map has been recorded in compliance with the Subdivision Map Act and related ordinances; or 3) That a Certificate of Compliance as provided for in the Subdivision Map Act (Government Code 66499.35) has been recorded; or that other satisfactory evidence indicating compliance or non -violation be furnished. 18. RIGHTS OF THE PUBLIC over that portion of said land lying within Stevens Creek Blvd. as it now exists. INFORMATIONAL NOTES A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: on a B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years. C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. D) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. � XH I BIT 13 14097PMGE {872 Order No. 752549 Page No. 8 LEGAL DESCRIPTION REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: All that portion of the N.W. 1/4 of Section 14, T. 7 S., R 1W., M.D.B. & M, described as follows: Beginning at the Northeasterly corner of that certain 2.91 acre parcel of land shown on 'Tract N. 651, Knoll Vista Subdivision', the Official Plat of which is filed in the Office of the Recorder of Santa Gara County in Book 24 of Maps, page 39, said point of beginning being further described as a point on the Westerly right of way line of the Southern Pacific Railroad Company's 80 foot right of way; thence from said point of beginning, along the Westerly line of said Southern Pacific Co. right of way the following two courses; (1) Curving to the right of an arc of 3819.75 feet radius, said arc being subtended by a chord bearing South 210 14' 52' East 287.86 feet, and (2) South 190 04' 54" East 963.22 feet to a point on the centerline of Stevens Creek Boulevard, thence along the centerline of said Stevens Creek Boulevard North 89' 56' 00" West 420.58 feet; thence along the East line of said Tract No. 651 and the Southerly production thereof North 000 04' 00" East 1178.10 feet to the point of beginning. PARCEL TWO: Beginning at a 2" x 2" stake on the Northerly line of Adriana Avenue, at the Easternmost corner of Lot 11, as said Avenue and Lot are shown upon that certain Map entitled, "Tract No. 561 Knoll Vista Subdivision", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on October 31, 1949 in Book 24 of Maps, at page 39; thence Easterly along the Northerly and Northeasterly line of Adriana Avenue on a curve to the right with a radius of 40.00 feet through an angle of 680 26' 10" for a distance of 47.78 feet to a 2" x 2" stake at the true point of beginning of this description; thence North 15° 35' East 70.00 feet; thence North 10' 35' 44" West 374.14 feet to a 2" x 2' stake on the Southwesterly line of the lands and right of way of the Southern Pacific Railroad Company; thence Southeasterly along said last named line on a curve to the right with a radius of 3819.75 feet from a tangent which bears South 290 05' 17" East through an angle of 5" 36' for a distance of 373.34 feet to an Iron pipe set on the prolongation Northerly of the Easterly line of said Tract No. 651; thence South 00 01' 15" East, along said prolonged line, 123.10 feet to a 2" x 2" stake at the Northeasterly comer of that certain parcel of land described in the Deed from E. M. Stapp, et al, to Edward A. K irkish et ux, dated April 9, 1952 and recorded April 23, 1952 in book 2407 Official Records, page 219, Santa Clara County Records; thence West along the Northerly line of the land so described in the Deed to said Kirkish, 108.43 feet to a 2" x 2" stake at the Northwesterly corner thereof on the said Northeasterly line of Adriana Avenue; thence Northwesterly along said last named line on a curve to the left with a radius of 40.00 feet from a tangent which bears due North through an angle of 340 13' 05" for a distance of 23.89 feet to the true point of beginning, and being a portion of the Northwest 1/4 of Section 14, Township 7 South, Range 1 West, M.D.B. & M. (LEGAL DESCRIPTION CONTINUED NEXT PAGE) Dc P I EY T 3 097PAGE1873 LEGAL DESCRIPTION: (Continued) Excepting therefrom the following: Order No. 752549 Page No. 9 Beginning at a point on the Southwesterly line of the lands and right of way of the Southern Pacific Railroad Company at the most Northerly comer of lands of William M. Hidaka and Chieko Hidaka, his wife; thence along the Northeasterly line of Hidaka being the Southwesterly line of the aforesaid right of way of the Southern Pacific Company on a curve to the right from a tangent with a bearing of S. 29" 05' 174 E., an arc length of 324.71 feet through a central angle of 40 52' 14' to an iron pipe; thence S. 760 10' 11' W. 89.93 feet to a 3/4 inch diameter iron pipe set on the Westerly line of said property of Hidaka; thence along said Westerly line of lands of Hidaka N. 100 35' 440 W., 317.22 feet to the point of beginning containing approximately 14980 square feet and being a portion of the Northwest 1/4 of Section 14 Township 7 South Range 1 West. PARCEL THREE: An easement appurtenant to Parcel One above, for ingress and egress and for public utilities over strips of land 35 feet wide, the Easterly lines of which are described as follows: Beginning at a point in the centerline of Stevens Creek Road at the Southwesterly comer of the 3.94 acre tract hereinabove described as Parcel One; thence along the Westerly line of said tract, North 00 04' East 230 feet, and being a part of the Northwest 1/4 of Section 14, Township 7 South, Range 2 West, M.D.B. & M. APN: 326-20-035, 050 ARB: 326-20-035, 038 xH151T Photographic imago may be poor due to condition of original document. y c 'cY ✓, ��, � i GAYS'' ► %+ ?/ \'l Ji Y s ^r �� GO �� G•� IT ti 4. R _ ---- Oa O � CCi v:- ii Z mt r ­7 —'STEVENS—CREE N097PAGE 1 874 O / R C. `^ DLYD.— — F4LT. $T[V[Mt Ceua It ) �+IB/T B