LLA-Charles H. Reynolds (Parcels A and B)-21795 & 21793 Olive Ave- APNs: 357-18-038, 357-18-029N562P�GE0349
12618139
RECORDING REQUESTED BY: CITY OF CUPERTINO
RETURN TO: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
LOT LINE ADJUSTMENT
1TF
L.•
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?z Plr R
PROPERTY OWNERS: CHARLES H. REYNOLDS (PARCELS A AND B)
Recorded at the request of
Notih American Title Company, Inc.
AU 1 7 1994 a:OC
AM
6RFNDA DAVIS, Recorder
Santa Clara County, Official Records
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 Parcels A and B, 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 18-1.202.3C
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 day of , 1994.
�;r, 6?pAcr0350
EXHIBIT A
EXISTING PARCEL A
THE LAND REFERRED TO HERECI�I50FSITUATED
CUPERTINO�ANDTAIS ODESCRIHED IAS
COUNTY OF SANTA CLAR.A,
FOLLOWS:
MAP
LOT J,
IN BLOCK 9, AS SHOW14 UPON THAT CERTAIN
MAP MONTATITLED,,"WHICH
OF RESUBDIVISION OF SUBDIVISION NO. 1,
TOWN OFMAP WAS FILED FOR RECORD F CIALIFORNIAOFFICE
ON APRIL RECORDER O, 1917IN VOLUMETHE �TY
OF SANTA CLARA, STATE O
P OF MAPS, AT PAGE 24.
ASSESSOR'S PARCEL NUMBER: 357-18-030
5 6 2PACr335 1
EXHIBIT A
EXISTING PARCEL B
/ THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, UNINCORPORATED AREA, AND IS DESCRIBED AS
FOLLOWS:
LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "RECORD -OF SURVEY
FOR W. GARCIA OF RESUBDIVISION OF LOTS K AND L, BLOCK 9, AS SAID
LOTS ARE SHOWN AND DELINEATED ON MAP ENTITLED, 'RESUBDIVISION OF
SUBDIVISION NO. 1, TOWN OF MONTA VISTA', FILED FOR RECORD APRIL 11,
1917 IN BOOK "P" OF MAPS, AT PAGE 24, RECORDS OF SANTA CLARA COUNTY",
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 4, 1961 IN
BOOK 136 OF MAPS, PAGE 8.
ASSESSOR'S PARCEL NUMBER: 357-18-029
Lu
EXHIBIT A Ns s 2PAcE0552
LEGAL DESCRIPTIONS FOR LOT LINE ADJUSTMENT
NE CORNER ORANGE AVENUE AND OLIVE STREET, CUPERTINO, CA
94582
THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
PARCEL A
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BEING A, POINT ON THE
NORTHERLY LINE OF OLIVE STREET (50.00 FEET WIDE), AS SHOWN ON THE
RECORD OF SURVEY FILED AUGUST 4, 1961 IN BOOK 136 OF MAPS AT PAGE
8, SANTA CLARA COUNTY RECORDS;
THENCE ALONG SAID LINE OF OLIVE STREET NORTH 890 56' 30" WEST,
35.00 FEET TO THE EASTERLY LINE OF ORANGE AVENUE (30.00 FEET
WIDE) ;
THENCE ALONG SAID EASTERLY LINE, NORTH 97.70 FEET;
THENCE LEAVING SAID LINE SOUTH 890 56' 30" EAST, 40.00 FEET;
THENCE SOUTH 97.70 FEET TO SAID NORTHERLY LINE OF OLIVE STREET;
THENCE ALONG SAID LINE NORTH 890 56' 30" WEST, 5.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 0.0897 ACRES, MORE OR LESS.
APN: 357-18-030
PARCEL B
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BEING A POINT ON THE
NORTHERLY LINE OF OLIVE STREET (50.00 FEET WIDE), AS SHOWN ON THE
RECORD OF SURVEY FILED AUGUST 4, 1961 IN BOOK 136 OF MAPS AT PAGE
8, SANTA CLARA COUNTY RECORDS;
THENCE ALONG SAID LINE OF OLIVE STREET SOUTH 890 56' 30" EAST,
5.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 890 56' 30" EAST, 61.66 FEET TO THE
SOUTHWEST CORNER OF LOT 2 OF SAID TRACT;
THENCE LEAVING SAID LINE OF OLIVE STREET NORTH 97.70 FEET TO THE
NORTHWEST CORNER OF SAID LOT 2;
THENCE NORTH 890 56' 30" WEST, 61.66 FEET;
THENCE SOUTH 97.70 FEET TO SAID TRUE POINT OF BEGINNING.
CONTAINING 0.1383 ACRES, MORE OR LESS,
APN: 357-18-029
5; 6 2PAGc0353
EXHIBIT A
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MEEVIN R. HILL, INC.
142 KENNEDY AVENUE
CAMPBELL, CA 95008
408-866-1546
goo/i
North American Title CompanyM
DATE JUNE 23, 1994
MANZANITA MORTGAGE
2601 D 41ST STREET
SOQUEL, CA 95073
ATTN: FRED GRIENTER
CHUCK REYNOLDS
4362 VANDERBILT DRIVE
SAN JOSE, CA. 95130
7777 WREN AVENUE EXHIBIT B
GILROY, CALIFORNIA 95020
(408) 842-7175
ORDER NO. 1501308
PROPERTY ADDRESS:
NO SITUS SHOWN
-----------PRELIMINARY REPORT ------------
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 FROM COMMONWEALTH LAND TITLE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION,
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 SET FORTH IN EXHIBIT "A"
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 1S 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 7:30 A.M. JUNE 6, 1994
KAY PENNINGTON
(ESCROW OFFICER)
North American Title Company
EXHIBIT B
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS
REPORT IS:
California Land Title Association Standard Coverage Policy - 1990
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE SIMPLE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CHARLES H. REYNOLDS
Page 2 of 9 1501308
North American '606 & pany
EXHIBIT
0
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 J, IN BLOCK 9, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP
OF RESUBDIVISION OF SUBDIVISION NO. 1, TOWN OF 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 24.
ASSESSOR'S PARCEL NUMBER: 357-18-030
Page 3 of 9 1501308
i
North American 11"R e 61`616111�avy
EXHIBIT B
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS
FOLLOWS:
1. Property taxes, including any assessments collected with taxes,
to be levied for the fiscal year 1994-1995 which are a lien not
yet payable.
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. The interest of the Spouse of the Vestee herein in said land.
NOTE:
In order to insure a conveyance or encumbrance of a married
person's separate property, this Company will require:
1) A current deed or written consent executed by the spouse,
or
2) An affidavit, executed by the Grantor therein, in the form
provided, or
3) Pursuant to the provisions of California Civil Code Section
412.21 in the event a dissolution of marriage action filed after
July 1, 1990 is pending, a current deed, or the spouse's written
consent, or a final court order lifting the restraining order,
or
4) In the event of a pending dissolution of marriage action
filed prior to July 1, 1990, a copy of the summons issued in
said proceeding.
4. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED
BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF
DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH
DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO
EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES
THEREON. TITLE WILL BE UNABLE TO RECORD WITHOUT THIS STATEMENT.
PARTIES VESTEE
Page 4 of 9 1501308
North American Title Company 5 6 9 PA GE 3 3 S 8
EXHIBIT B
There are no conveyances affecting said land recorded within SIX
MONTHS of the date of this report.
NOTES:
CALIFORNIA ASSEMBLY BILL 512 (11AB512") IS EFFECTIVE ON JANUARY 1,
1990. UNDER AB 512, NORTH AMERICAN TITLE COMPANY, INC. ("NATC") MAY
ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH
THE FOLLOWING RULES:
1. SAME DAY AVAILABILITY - DISBURSEMENT ON THAT DATE OF DEPOSIT
IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE
COMPANY ("NATC") 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.
2. NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NATC 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 DRAWN AGAINST AN FDIC INSURED BANK).
3. 3-7 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 3-7 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.
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.
Page 5 of 9 1501308
5 6- 2 PA GIE0 3 5 9
North American Title Company
EXHIBIT B
IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PRELIMINARY REPORT SECURES
A REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING
THAT:
(A) THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE
LOAN FROM FURTHER DISBURSEMENTS AND THAT WE BE PROVIDED WITH
PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND THE EFFECTIVE DATE
OF THE FREEZE; AND,
(B) THERE ARE NO OUTSTANDING CHECKS UNPAID; AND,
(C) SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF
THE ABOVE HAVE NOT BEEN COMPLIED WITH, WE WILL WITHHOLD FROM THE
PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBLIGATION UNTIL SUCH
TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFFICIENT TO OBTAIN
A FULL RECONVEYANCE.
THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AND OR MINIMUM CHARGE
AS REQUIRED BY SECTIONS 12404, ET. SEQ., OF THE INSURANCE CODE OF
THE STATE OF CALIFORNIA AND RULE NO. 2 OF DEPARTMENT OF INSURANCE
BULLETIN NO. NS. 35 E.
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE
AND TAXATION CODE SECTIONS 18805 & 26131) ON SALES OF REAL PROPERTY.
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.
IN ACCORDANCE WITH SECTIONS 18805 AND 26131 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:
1. 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
2. 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:
1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES
NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR
Page 6 of 9 1501308
0
North American Title Company ' 5 6 2PAGE0360
EXHIBIT
2. 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
3. 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 STATUTES REFERENCE ABOVE INCLUDE PROVISIONS WHICH
AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND
WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS.
Page 7 of 9 1501308
North American Title Company N 5 6 2 PA GE 0 3 6 1
EXHIBIT B
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 COPY A 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, CA 95812-0651
(916)369-4900
THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS
TITLE ORDER WILL BE BASED ON THE BASIC (NOT SHORT TERM) TITLE
INSURANCE RATE.
Property taxes for the fiscal year shown below are paid. For proration
purposes the amounts are:
Fiscal year
1st Installment
2nd Installment
Land
Assessment No.
Code Area
1993-1994
$72.38
$72.38
$9,853.00
357-18-030
13198
Page 8 of 9 1501308
5 6 2 PACEO 362 t /
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North American Title Company N s 6 2 r�k ce J 36 4'
7777 WREN AVENUE �������
GILROY, CALIFORNIA 95020
(408) 842-7175
DATE JUNE 20, 1994 ORDER NO. 1501291
MANZANITA MORTGAGE
2601 D 41ST AVE.
SOQUEL, CA 95073 PROPERTY ADDRESS:
ATTN: CRYSTAL 21791 OLIVE AVENUE
UNINCORPORATED (CUPERTINO, CA)
AMEND
-----------PRELIMINARY REPORT ------------
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE COMPANY,
INC. HEREBY REPORTS THAT 1T IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR
POLICIES OF TITLE INSURANCE FROM COMMONWEALTH LAND TITLE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION,
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 SET FORTH IN EXHIBIT "A"
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 OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF 7:30 A.M. MAY 13,1994
KAY PENNINGTON
(ESCROW OFFICER)
North American Title Company h S 6 2 eg GE U 3 b 5
EXHIBIT B
THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS
REPORT IS:
American Land Title Association Loan Policy - 1992
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE SIMPLE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CHARLES H. REYNOLDS, AN UNMARRIED MAN
Page 2 of 10 1501291
North American Title Company N 5 5 214 GE 0 316 5
EXHIBIT B
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA, UNINCORPORATED AREA, AND IS DESCRIBED AS
FOLLOWS:
LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "RECORD OF SURVEY
FOR W. GARCIA OF RESUBDIVISION OF LOTS K AND L, BLOCK 9, AS SAID
LOTS ARE SHOWN AND DELINEATED ON MAP ENTITLED, 'RESUBDIVISION OF
SUBDIVISION NO. 1, TOWN OF MONTA VISTA', FILED FOR RECORD APRIL 11,
1917 IN BOOK "P" OF MAPS, AT PAGE 24, RECORDS OF SANTA CLARA COUNTY",
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 4, 1961 IN
BOOK 136 OF MAPS, PAGE 8.
ASSESSOR'S PARCEL NUMBER: 357-18-029
Page 3 of 10 1501291
North American Title Company � s rF 3 0 7
EXHIBIT B
ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS
FOLLOWS:
1. Property taxes, including any assessments collected with taxes,
to be levied for the fiscal year 1994-1995 which are a lien not
yet payable.
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. Deed of Trust for the original amount shown below, and any other
amounts payable under the terms thereof.
Original Amount : $133,200.00
Dated OCTOBER 28, 1988
Recorded, Official Records : NOVEMBER 17, 1988
Book K759
Page 23
Instrument No. 9916497
Trustor CHRLES H. REYNOLDS, AN UNMARRIED MAN
Trustee CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA
CORPORATION
Beneficiary GREAT WESTERN BANK, A FEDERAL SAVINGS BANK
Loan No. 06770004
4. The interest of the Spouse of the Vestee herein in said land.
NOTE:
In order to insure a conveyance or encumbrance of a married
person's separate property, this Company will require:
1) A current deed or written consent executed by the spouse,
or
2) An affidavit, executed by the Grantor therein, in the form
provided, or.
3) Pursuant to the provisions of California Civil Code Section
412.21 in the event a dissolution of marriage action filed after
July 1, 1990 is pending, a current deed, or the spouse's written
consent, or a final court order lifting the restraining order,
or
4) In the event of a pending dissolution of marriage action
filed prior to July 1, 1990, a copy of the summons issued in
said proceeding.
Page 4 of 10 1501291
North American Title Company EXH
IBIT
IV
5. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED
BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF
DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH
DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO
EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES
THEREON. TITLE WILL BE UNABLE TO RECORD WITHOUT THIS STATEMENT.
PARTIES VESTEE
6. ANY AND ALL SUBSISTING LEASES AND RIGHTS OF PARTIES IN POSSESSION
OF PORTIONS OF SAID PREMISES, UNDER THE TERMS THEREOF.
Page 5 of 10 1501291
North American Title Company
EXHIBIT B
There are no conveyances affecting said land recorded within SIX
MONTHS of the date of this report.
NOTES:
CALIFORNIA ASSEMBLY BILL 512 ("AB51211) IS EFFECTIVE ON JANUARY 1,
1990. UNDER AB 512, NORTH AMERICAN TITLE COMPANY, INC. ("NATC") MAY `n
ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH
THE FOLLOWING RULES:
1. SAME DAY AVAILABILITY - DISBURSEMENT ON THAT DATE OF DEPOSIT
IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE
COMPANY ("NATC") IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR W
IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL rn
CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT. LD
2. NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NATC 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 DRAWN AGAINST AN FDIC INSURED BANK).
3. 3-7 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 3-7 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.
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.
THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS
TITLE ORDER WILL BE BASED ON THE BASIC (NOT SHORT TERM) TITLE
INSURANCE RATE.
Page 6 of 10 1501291
North American Title Company
EXHIBIT B
IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PRELIMINARY REPORT SECURES
A REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING
THAT:
(A) THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE
LOAN FROM FURTHER DISBURSEMENTS AND THAT WE BE PROVIDED WITH
PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND THE EFFECTIVE DATE
CJ1
OF THE FREEZE; AND,
cry.n
(B) THERE ARE NO OUTSTANDING CHECKS UNPAID; AND,
(C) SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF
rri
THE ABOVE HAVE NOT BEEN COMPLIED WITH, WE WILL WITHHOLD FROM THE
PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBLIGATION UNTIL SUCH
-J
TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFFICIENT TO OBTAIN
CD
A FULL RECONVEYANCE.
THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AND OR MINIMUM CHARGE
AS REQUIRED BY SECTIONS 12404, ET. SEQ., OF THE INSURANCE CODE OF
THE STATE OF CALIFORNIA AND RULE NO. 2 OF DEPARTMENT OF INSURANCE
BULLETIN NO. NS. 35 E.
THIS IS A NOTICE OF A WITHHOLDING REQUIREMENT (CALIFORNIA REVENUE
AND TAXATION CODE SECTIONS 18805 & 26131) ON SALES OF REAL PROPERTY.
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.
IN ACCORDANCE WITH SECTIONS 18805 AND 26131 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:
1. 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
2. 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:
1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES
NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR
Page 7 of 10 1501291
North American Title Company N s 5 2 PACE037 I
EXHIBIT B
2. 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
3. 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 STATUTES REFERENCE ABOVE INCLUDE PROVISIONS WHICH
AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND
WAIVERS FROM WITHHOLDING ON A CASE -BY -CASE BASIS.
Page 8 of 10 1501291
North American Title Company 115 6 2 PN GE 0 3 7 2
EXHIBIT B
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 COPY A 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, CA 95812-0651
(916)369-4900
Property taxes for the fiscal year shown below are paid. For proration
purposes the amounts are:
Fiscal year
1st Installment
2nd Installment
Land
Improvements
Assessment No.
Code Area
1993-1994
$268.21
$268.21
$14,117.00
$26,780.00
357-18-029
63-079
An additional tax bill to the above property taxes
1st Installment : $198.00 PAID
2nd Installment : $198.00 PAID
Assessment No. 357-18-029-99
LENDERS SUPPLEMENTAL REPORT
THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS
THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT
THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN
LAND TITLE ASSOCIATION LOAN FORM POLICY AS FOLLOWS:
A PHYSICAL INSPECTION HAS BEEN MADE AND NO SURVEY WILL BE REQUIRED.
[OUR ALTA POLICY WHEN ISSUED WILL INCLUDE ENDORSEMENT NOS. 100 AND
116 OR 116.21.
SAID LAND IS ALSO KNOWN AS 21791 OLIVE AVENUE, UNINCORPORATED
(CUPERTINO, CA), COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
Page 9 of 10 1501291
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