Loading...
LLA-Marinko Balde & Laura M. Balde, Parcels C & 2, 10775 Stevens Canyon Rd, APN: 342-17-0925 <-C RECORDING 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 A0, LI A'11 C E TITLE CON I P ?A-t 'ay hn-mby certifies this is a vuq ana i,,orrect copy of the originai RECORDED - 4/P-If7 under 17EC0-,j'D1-=R'S SERAL ND. 17-5151-9-33) —C ihonzeG si�gaature (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT, MARINKO BALDE AND LAURA M. BALDE, HUSBAND AND WIFE AS COMMUNITY PROPERTY, PARCELS C AND 2, 10775 STEVENS CANYON ROAD, APN 342-17-092 C7 Original tl For Fast Endorsement LOT LINE ADJUSTMENT Property Owner: Lotline Adjustment, Marinko Balde and Laura M. Balde, Husband and Wife as Community Property, Parcels C and 2, 10775 Stevens Canyon Road, APN 342-17-092 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 C and 2, 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 Xd1day of _, 2003. RALPH A. QUALLS, JR CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 By: October 16, 2003 LEGAL DESCRIPTION OF THE LANDS OF BALDE BEFORE LOT LINE ADJUSTMENT PARCEL "C" (SECOND LOT LINE ADJUSTMENT) PARCEL"C" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 155 as shown on the Map of Inspiration Heights, Monta Vista, which map was filed for record in the Office of the Recorder of the County of Santa Clara, Sate of California, on April 11, 1917 in Book P of Maps, page 13, and being more particularly described as follows: BEGINNING at the east corner of said Section 155, said corner also being the eastern most corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177 and 178 of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara Clara California", filed for record on April 3, 1968 in Book 235 of Maps, at Page 40, Santa Clara County Records; thence from said point of beginning along the North line of said Section 155, South 74°30'00" West 63.60 feet to the most westerly corner of the parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 55.71 feet to the East line of said Section 155; thence along said East line, North 13°58'00" East 25.14 feet to the said point of beginning of this description. t,AND S��P 3AMFS �F M O. E660 E P.9-30-05 T OP CAI-1F v v.. 00 I I �� i Imm September 29, 2003 Job No. 00-203 LEGAL DESCRIPTION OF THE LANDS OF BALDE BEFORE LOT LINE ADJUSTMENT PARCEL 2 (SECOND LOT LINE ADJUSTMENT) All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Sections 114, 115, 151, 150 and 155 as shown on the Map of Inspiration Heights, Morita 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'17" West 172.69 feet to the Southern boundary of the land conveyed to Lewin S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81 °56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost corner of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 13058' West 23.88 feet to the northerly line of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along said Northerly line of said Sayre Parcel South 83°39'01" East 82.16 feet; thence leaving last named line, North 06°20'59" East 76.70 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence along said parallel line, North 89'36'17" East 130.58 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 16.52 feet to the said point of beginning, and containing 10,395 square feet of land, more or less. September 20, 2003 Job No. 00-203 LEGAL DESCRIPTION OF THE LANDS OF BALDE AFTER LOT LINE ADJUSTMENT PARCEL 2 (SECOND LOT LINE ADJUSTMENT) All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Sections 114, 115, 151, 150 and 155 as shown on the Map of Inspiration Heights, Morita 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'17" West 172.69 feet to the Southern boundary of the land conveyed to Lewin S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81 °56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost corner of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 74°30' West 63.30 feet to the most westerly corner of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 83°39'01" East 138.03 feet; thence leaving last named line, North 06°20'59" East 76.70 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence along said parallel line, North 89°36'17" East 130.58 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 16.52 feet to the said point of beginning, and containing 11,056 square feet of land, more or less. O LAND SG,P �AMESo L� 70 W.5660 / EXtf? 9-30-05 \OF CA FOUND 3/4-IP TAGGED LS4953 PER (C) GRAPIiIC SCALE S7 Nip ts' 2o' 2o' 1 inoh = 60 LANDS OF URED \��kro DEED #111383025 v LANDS OF BALDE N oo� r (J 529 OR 935) LANDS OF PATEL AREA: 21,423 SQ. FT. DEED #11498897 0.49 AC S 86-09'28' W 163.39' (SB6*10'23"W 163.42�) ( A 58j:56'2 5 S69-36'1 7-W 152.69 (NO 1 =-E 1727i)—(E) 7CL' 9 OR 5,19 C) 93.70 ®N 119'NV:_FL3O*511' >-- PARCEL 2 V)o s 11,056 SQ FT n d N 0 0.254 AC o Cq NOT A PART !o zw 'V30 Oo"vd co PARCEL -C- 25' (04 00 co 2 A 70 3. (EAS -E 259--36 — 7ERLY 255' !2 S a. MORE OR LESS) (E) S 83*3-9'Ol' E (E) 15' PRIVATE L 2 FOR THE BENEFIT OF PARCEL 1NT FOR THE BENEFIT OF PARCEL 2 20, OVER PARCEL 2 OVER PARCEL 1 LANDS OF SAYRE #944826 i� 10'x25' PRIVATE UTILITY EASEMENT 15' PRIVATE UTILITY EASEMENT 0. (BY SEPARATE INSTRUMENT) (BY SEPARATE INSTRUMENT) FOUND 3/4" I.P. OPEN (D) A5 POINT OF BEGINNING: A2FOUND 3/4" I.P. "RCE 20597- (D) FOUND 3/4" I.P. "RCE 33623" (D) LAND 3A FOUND 3/4- I.P. OPEN (D) - A6FOUND PK NAIL (B) 3AA4 N 46"1 0'57W, 10.63FROM ANGLE POINT FOUND 3" BRASS DISC AFOUND 3/4" I.P. OPEN (A) (B) A IN MOUNUMENT BOX (D) m N40-32'14-W, 1.520 FROM ANGLE POINT NO, 5660 LEQF.N-Q EXP. 9-30-05 @ - FOUND AS NOTED PER REFERENCE REFERENCE DOCUMENTS 0 — FOUND AS NOTED PER REFERENCE 0 - SET 3/4- I.P. WITH PLASTIC (A) RECORD OF SURVEY, BOOK 16 M PAGE 28 OF AL\� PLUG L.S. 5660 (8) RECORD OF SURVEY, BOOK 137 M PAGE 40 O — RECORD DATA PER REFERENCE (C) RECORD OF SURVEY, BOOK 688 M PAGE 30 (A) -REFERENCED DOCUMENT (D) UNRECORDED RECORD OF SURVEY BY MARIUS E. NELSEN RCE 20597 LOT LINE TO BE ADJUSTED OR REMOVED (E) STIPULATED JUDGMENT, BOOK L 908 PAGE 589, OFFICIAL RECORDS BASIS QF BEARINGS THE BEARING N13*59'30"E ALONG THE �.a%.Aj Low RIGHT OF WAY OF STEVENS CAN YONWESTERLY ROAD ASSHOWN LINE ON THE UNRECORDED UX UNTE RECORD OF SURVEY BY MARIUS E. NELSEN RCE art Or- CUPEFMI 8NIO, CCUM"vi OF '27-AWA C"9,A 20597 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. CONSISTING OF 1 SHEET EXHen ■ Escrow Branch: AllianceTiltie Ca pbelCaml, i 95 Campbell, CA 95008 (408) 559-3424 Fax (408) 377-0284 PRELIMINARY REPORT Escrow Officer: Wayne Miyahara/mal ORDER NO. 11002048-007-A WM Re: AMENDED #2 DIRE MAP FILING T S Civil Engineering Property Address: 1776 Technology Drive 10775 Stevens Canyon Road San Jose, CA 95110 Cupertino, CA 95014 Attn.: Terry Szewczyk APN: 342-17-092 ARB : 342-17-x 16 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof. a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect. lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown br 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance. a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: Dated as of November 19, 2003 at 7:30 a.m. Title Officer. _ 4u 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: Marinko Balde and Laura M. Balde, husband and wife as community property The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. NOTE: THIS REPORT IS SPECIFICALLY FOR D.R.E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED. Page No. 2 File No. 11002048-007-A WM 7 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003- 2004, a lien, shown as follows: 1 st Installment $1,965.27 Open 2nd Installment $1,965.27 Open Assessor's Parcel No. 342-17-092 Code Area 13-010 Land $206,247.00 IMP $119,617.00 PP NONE Exempt $7,000.00 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 3. A deed of trust to secure an indebtedness in the original amount shown below, Dated : July 23, 1991 Amount: $191,250.00 Trustor : Marinko Balde and Laura M. Balde, husband and wife Trustee : Countrywide Title Corporation, a California corporation Beneficiary : Countrywide Funding Corporation Recorded : - August 1, 1991 in Book L 809, Page 1118, Official Records Address : P.O. Box 7024, Pasadena, CA 91109-8974 Loan No.: 6043238 4. A deed of trust to secure an indebtedness in the original amount shown below, Dated : June 9, 1993 Amount: $203,150.00 Trustor : Marinko Balde and Laura M. Balde, husband and wife Trustee : Standard Trust Deed Service Company, a California corporation Beneficiary : Farragut Mortgage Co., Inc. Recorded : June 22, 1993 in Book M 842, Page 1453, Official Records Address : 757 Arnold Drive, Ste. 200, Martinez, CA 94553 Loan No.: 9172318 The beneficial interest of record under said deed of trust was assigned by instrument In favor of: Homeside Lending, Inc. Dated: November 5, 1998 Recorded: November 23, 1998, under Recorder's Series No. 14515489, Official Records Address: 620 S. Woodruff Avenue, Idaho Falls, ID 83401 and by other assignments of record. Page No. 3 File No. 11002048-007-A WM A deed of trust to secure an indebtedness in the original amount shown below, Dated : August 13, 1998 Amount: $200,000.00 Trustor : Marinko Balde and Laura M. Balde, who are married to each other Trustee : Equitable Deed Company Beneficiary : Bank of America, NT&SA, a national banking association Recorded : August 18, 1998 under Recorder's Series No. 14340100, Official Records Address : P.O. Box 2190, Rancho Cordova, CA 95741 Loan No.: 02500168669336998 6. The effect of the private utility easements as shown in "Exhibit A" of the Lot Line Adjustment filed for record in the office of the Recorder of the County of Santa Clara on November 19, 2003 under Recorder's Series No. 17481857, Official Records. NOTES: a. Date last insured: None shown b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the company as insurer. f. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance. g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara, this Company will require a copy of the tentative Map which is to be recorded, for examination and retention in our file. Page No. 4 File No. 11002048-007-A WM h. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. i. Title of the vestee herein was acquired by Deed -- Grantor: Clyde Sanchez, also known as Steve Sanchez, Trustee under Trust Agreement dated December 24, 1981 and Virginia O. Sanchez, a widow Grantee: Marinko Balde and Laura M. Balde, husband and wife as community property Recorded: November 25, 1985 in Book J 529, Page 935, Official Records. j. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- NONE Page No. 5 File No. 11002048-007-A WM 1 SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: All that portion of and designated and delineated as "Parcel 1" in the Lot Line Adjustment filed for record in the office of the Recorder of the County of Santa Clara on November 19, 2003 under Recorder's Series No. 17481857, Official Records and being more particularly described as follows: A portion of Sections 114, 115, 151, and 150 as shown on the Map of Inspiration Heights, Morita 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'17" West 172.69 feet to the Southern boundary of the land conveyed to Lewis S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81°56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost corner of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Morita Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 13°58' West 23.88 feet to the northerly line of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along said Northerly line of said Sayre Parcel South 83°39'01" East 82.16 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along last named line, South 83°39'01" East 117.33 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 92.86 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence leaving said along said parallel line, South 89°36'17" West 130.58 feet; thence South 06°20'59" West 76.70 feet to the said true point of beginning. Page No. 6 File No. 11002048-007-A WM I PARCEL TWO: All that portion of land designated and delineated as "Parcel 2" in the Lot Line Adjustment filed for record in the office of the Recorder of the County of Santa Clara on November 19, 2003 under Recorder's Series No. 17481857, Official Records and being more particularly described as follows: A portion of Sections 114, 115, 151, 150 and 155 as shown on the 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36' 17" West 172.69 feet to the Southern boundary of the land conveyed to Lewis S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81 °56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost corner of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 13°58' West 23.88 feet to the northerly line of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along said Northerly line of said Sayre Parcel South 83°39'01" East 82.16 feet; thence leaving last named line, North 06°20'59" East 76.70 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence along said parallel line, North 89°36'17" East 130.58 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 16.52 feet to the said point of beginning. PARCEL "C": A portion of Section 155 as shown on the 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, page 13, and being more particularly described as follows: BEGINNING at the east corner of said Section 155, said corner also being the eastern most corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177 and 178 of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of Maps, at Page 40, Santa Clara County Records; thence from said point of beginning along the North line of said Section 155, South 74°30'00" West 63.60 feet to the most Page No. 7 File No. 11002048-007-A WM westerly corner of the parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 55.71 feet to the East line of said Section 155; thence along said East line, North 13°58'00" East 25.14 feet to the said point of beginning of this description. WE NOTE BUT DO NOT INSURE: An easement for an existing water line and access thereto as disclosed by Stipulation Judgment in the Superior Court, County of Santa Clara recorded October 29, 1991 in Book L 908 Page 589, Official Records. Being a portion of Section 115 and 150 as said Sections are shown on that certain Map entitled "Map of Inspiration Heights, Monte Vista" filed for record on April 11, 1917 in Book P of Maps, Page 13, Santa Clara County Records and being more particularly described as follows: Beginning at a on -inch diameter iron pipe located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide as said intersection is shown on said map; thence Northwesterly along the Southwesterly line of Santa Lucia Road, North 44' 52' 00" West (record bearing North 44' 58' West) U.70 feet to the Southeastern corner of the parcel conveyed to Lewin S. King et al by deed recorded March 21, 1983 in Book H 412 Official Records, Page 486, Santa Clara County Records; thence along the Southern line of said King Parcel South 86' 10' 23" West (called South 840 37' West in said deed to King) 163.42 feet to a one -inch diameter iron pipe; thence leaving the Southern line of said King Parcel in an Easterly direction, North 89' 3610" East 172.72 feet to the point of beginning. EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from'a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records. AM3 4 2 017 Page 1 �a p M /,ORt a tq Gy'cG o� Sg 95 [o,s_ 1 _ --•r I a _ _ I St6 � ,K •", I ., ei " � r � I a 47'OL2 ; SS'IL t I e iZI ';ri N �n3`-r""vQC9 �6if op gaiIaIra CIO a OIL ��an Lnj p Qi 1-5 S > co r:t� . A ^ / QN a Ah i L O LL / e � � F4r °� a• 77 � � c LL N ,o1�a 63,E 1; V1 r?i I' � Y aros al rnm 4 V g } l bAouo) EMBIT A ST, q�OR q GNU S E FOUND 3/4- IP 0 ryp .9 TPER(C LS4953 G / GRAPHIC SCALE IF. P'9 s n s a \ l'O9 I 2 0 20' 1 iooh 60 R �2• LANDS OF UREDA ,; N DEED #11883025 LANDS OF BALDE $F, rovv/ z (J 529 OR 935) LANDS OF PATEL AREA: 21,428 SO. FT. DEED f11498897 0.49 AC S 86-09'28" W 163.39' (S86'10'2. 3*W 163.421 (E) 6 Z a(NW%I0'E 172721 (E) (L 9O8 ORj�89) 9370 PARCEL 2 N8936'17'E 130.58' 10,395 SQ FT n U sue. 0.239 t AC +° �� PARCEL 1 '� V � o N 8p'�• 3 TRUE POINT /�,, 10 372 SQ FT '�R o ^ Z In (J ` OF Blc81NG f IN N1�.3ps-ffARCEL 1 0.238 t AC 0,_ / N �O S13'58'00'W Z — — g Pa' U1 NOT A PART 23.88' 25' `- Ma7' 82�' in — — 2 N8339'01'W � — LANDS OF (EASSAYRE 55' MORE OR .S) (E) S 8339'01` 2 E 117.33' DEED #944826 15' PRIVATE UTILITY EASEMENT 10'x25' PRIVATE UTILITY EASEMENT FOR THE BENEFIT OF PARCEL 2 1Q 20' 20 FOR THE BENEFIT OF PARCEL 1 OVER PARCEL 1 OVER PARCEL 2 (By INSTRUMENT) (BY SEPARATE INSTRUMENT) 1A FOUND 3/4" I.P. OPEN (D) A POINT OF BEGINNING: FOUND 3/4" I.P. "RCE 33623" (D) A2 FOUND 3/4' I.P. "RCE 20597" (D) LAND 6Q FOUND PK NAIL (8) g�0 QFOUND 3/4' I.P. OPEN (D) - JAMFS N46i0'57"W, 10.63' FROM ANGLE POINT Q FOUND 3' BRASS DISC 7 Q FOUND 3/4" I.P. OPEN (A) (B) IN MOUNUMENT BOX (D) N4032'14'W, 1.52 FROM ANGLE POINT 660 a LEGEND 9-30-05 ® - FOUND AS NOTED PER REFERENCE • - FOUND AS NOTED PER REFERENCE REFERENCE DOCUMENTS T,qT� OF CALXF O — SET 3/4" I.P. WITH PLASTIC (A) RECORD OF SURVEY, BOOK 16 M PAGE 28 PLUG LS. 5660 } — RECORD DATA PER REFERENCE (8) RECORD OF SURVEY, BOOK 137 M PAGE 40 (A) — REFERENCED DOCUMENT (C) RECORD OF SURVEY, BOOK 688 M PAGE 30 LOT LINE TO BE ADJUSTED (D) UNRECORDED RECORD OF SURVEY BY MARIUS E. NELSEN RCE 20597 OR REMOVED BASIS OF BEARINGS (E) STIPULATED JUDGMENT, BOOK L 908 PAGE 589, OFFICIAL RECORDS THE BEARING N13'59'30'E ALONG THE WESTERLY RIGHT OF WAY LINE OF STEVENS LOT LINE ADJUSTMENT M CANYON ROAD AS SHOWN ON THE UNRECORDED RECORD OF SURVEY BY MARIUS E. NELSEN RCE Crry or- aipffmNo, Corm OF S C 20597 WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. CONSISTING 0 EXHIBIT A Rpr 03 03 03:38p TS Civil Engineering, Inc 4084529301 p,2 -..t141t!3/2003 09:50 5094658808 MRYEA AND ASSOC _ PAGE 02 �t l \ ' POINT BEGIN] 'w 17Z7r 1II8.33= �� rim 'JS Ys i are .ap'VI �4°�'' �►,�rr rp d- w ( � 00 a ^Y 6p LAND v G 0-30-03 r Cf- C...)- If 20' I �►� - -- , — .- -- -- _-. SEMON UNE PER MAP OF INPIRAMM MEIGW% MjONTA VISTA (P-MAPS-13) FOP sew 1Eroot ra servo a«° M0o PLAT TO ACCOUPANY DESCRU ION FOR LOT LINE ADJUSTHBNT ••• a< —ZCM ENGINEERING 107M lrMMM C'AMM MOiAD-- nt aaw�.�oetau 11® aaavIAM ip" CUPIRTM. r-ua�..m wr►i to .+....�, r ram— s RECORDING REQUESTED BY Alliance Title Company AND WHEN RECORDED MAIL TO Name Mr. & Mrs. Marinko Balde Street 10775 Stevens Canyon Road Address Cupertino CA 95014 City,State Zip order No. 11002048-007-WM fl'--At ;es °2 ss s tm'a ,and t;orrecl G I'165A ..,.� Autho nzeu o;:+�ez}.P re SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED FOR LOT LINE ADJUSTMENT PURPOSES THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Taxis $None —Lot Line Adjustment City of Cupertino 0 computed on full value of interest or property conveyed, or Conveyance Tax is $0.00 ❑ full value less value of liens or encumbrances remaining at tDParcel No. 342-17-692 the time of sale - _ Declarant or AgentDet" ter d-�-�?�1 inniing Tax FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Marinko Balde and Laura M. Balde, husband and wife as community property hereby GRANT(s) to Marinko Balde and Laura M. Balde, husband and wife as community property t the following real property in the city of Cupertino county of Santa Clara, state of California: r PURSUANT TO THAT CERTAIN LOT LINE ADJUSTMENT AS APPROVED BY THE CITY OF CUPERTINO AND '7" RECORDED CONCURRENTLY HEREWITH .N , As Described in Exhibit "A" Attached hereto and made a part hereof c� J Dated: STATE OF CALIFORNIA COUNTY OF Santa Clara } S.S. Marinko de On D o,*ee n% er 3 0, 02 o e 3 before me, ura . Balde a Not a� Public in and for said County and State, personally appeared //1QI�/n Igo %3 ^Ow— LXu i- /N. /St /'1 -e—, proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my ha d and offici- seal. Signature K. MARCELINO tft j Nota y E1:t,Iic-Cafifoinua U) Ut `'�. SANTA LyRA COUNTY a. ,4y C=rn. cxp. ,;an. 21, 2004 (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State September 20, 2003 Job No. 00-203 LEGAL DESCRIPTION. OF THE LANDS OF BALDE AFTER LOT LINE ADJUSTMENT PARCEL 2 (SECOND LOT LINE ADJUSTMENT) All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Sections 1,14, 115, 151, 150 and 155 as shown on the 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89'36'17" West 172.69 feet to the Southern boundary of the land conveyed to Lewin S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81 °56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost comer of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 74°30' West 63.30 feet to the most westerly corner of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel. South 83°39'01" East 138.03 feet; thence leaving last named line, North 06°20'59" East 76.70 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence along said parallel line, North 89°36'17" East 130.58 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 16.52 feet to the said point of beginning, and containing 11,056 square feet of land, more or less. LANI) Svc J AMFS a . 5660 E 9-30-05 \�� CALIFC ST ANDRt4S _`�.. A FOUND 3/4" IP ryp A,9 TAGGED LS4953 PER (C) �G GRAPHIC SCALE m m eo i m ,m 1 inch - 50 & 7�, C9. LANDS OF UREDA SS S�, DEED #11883025 �\�, °°� LANDS OF BALDE °°F (J 529 OR 935) LANDS OF PATEL AREA: 21,428 SO. FT. �OJ DEED f11498897 0.49 AC S 86'09'28" W 163.39' r� (586-10'23'W 163.42) (E) J Q A4 S8L6*W S89'36'17"W 17269' (N8936'10"E 17272') (E) 7 908 OR 589) ,n / v \ 93.70 PARCEL 2 ` h 89=T E 130*= _ � o S in 11,056 SQ FT z s CD 0.254 t AC / 0) " cn �. ° A f NOT A PART CO $ o Z cd Sz �w S� 4'3 0, 0 63 6� cc 1 �"..�•� a jd PARCEL -C- E 25 Q3-3g'01"255. I (EAS7ERlS8Y 255' MORE OR3LESS) (E) S 8339'01;_E 117.33' 2 v LANDS OF SAYRE #944826 10'x25' PRIVATE UTILITY EASEMENT 15' PRIVATE U11UTY EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR THE BENEFIT OF PARCEL 2 1 .2 20, OVER PARCEL 2 OVER PARCEL 1 (BY SEPARATE INSTRUMENT) (BY SEPARATE INSTRUMENT) Q FOUND 3/4" I.P. OPEN (D) POINT OF BEGINNING: Q FOUND 3/4" I.P. "RCE 20597" (D) FOUND 3/4" I.P. "RCE 33623" (D) ��0 oND QFOUNDS 3/4" I.P. OPEN (D) - 6Q FOUND PK NAIL (B) �� 3AML- L�, N46'10 57 W, 10.63 FROM ANGLE POINT �' t�,� 0 A FOUND 3" BRASS DISC 4 FOUND 3/4" I.P. OPEN (A) (B) 7 IN MOUNUMENT BOX (D) {A' 4 N40'32'14"W, 1.52' FROM ANGLE POINT > NO 5660 LEGEND f � EXP. 9-30-05 0 - FOUND AS NOTED PER REFERENCE REFERENCE DOCUMiEIdTS 's>' a -FOUND AS NOTED PER REFERENCE 0 - SET 3/4" I.P. WITH PLASTIC (A) RECORD OF SURVEY, BOOK 16 M PAGE 28 9 OF CALF PLUG L.S. 5660 (8) RECORD OF SURVEY, BOOK 137 M PAGE 40 () - RECORD DATA PER REFERENCE (A) -REFERENCED DOCUMENT (C) RECORD OF SURVEY, BOOK 688 M PAGE 30 LOT LINE TO BE ADJUSTED (D) UNRECORDED RECORD OF SURVEY BY MARIUS E NELSEN RCE 20597 OR REMOVED (E) STIPULATED JUDGMENT, BOOK L 908 PAGE 589, OFFICIAL RECORDS BASIS OF BEARINGS SECOND THE BEARING N13'59'30'E ALONG THE '�°��C NS WESTERLY ROAD AS SHOWN LONE THE UOF NRECORDED �� �'� LINE ADJU8 1 I E MAP RECORD OF SURVEY BY MARIUS E. NELSEN RCECrry CUpEFMND 20597 WAS TAKEN AS THE BASIS OF BEARINGS MY ���� �� FOR THIS MAP. CONSISTING OF 1 SHEET