LLA- L.L.M. Investments, Inc., 11837 &11841 Upland Way APNs: 366-03-057 & 366-03-058RECORDING REQUESTED BY
08-0/
City of Cupertino
WHEN RECORDED MAIL TO:
CITY OF CUPERTINO
10300 TOR -RE AVENUE
CUPERTINO, CA 95014
SP119179-013-MG
LOT LINE ADJUSTMENT:
SANTA CLARA LAND TITLE CG ijpArvY
HEHREBY CERTIFIES THIS rS A TRUE AN'D
CORRECC i COPY QE THE ORIGINAL
REC014DED #D ,i IR IS
SERIES €40_ _Ala#5�i
AD
( SPACE ABOVE THIS LINE FOR RECORDER'S USE)
L.L.M. Investments, Inc., 11837 and 11841 Upland Way
APN 366-03-057 and 366-03-058 \
DOCUMENT TITLE
NO FEE IN ACCORDANCE
WITH 60V CODIE 6103
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY: City of Cupertino
RETURN TO: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
LOT LINE ADJUSTMENT
PROPERTY OWNERS: L.L.M. INVESTMENTS, INC., a Delaware Corporation
(Parcels 2 & 3)
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR _YfORE
ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between Parcels 2 and 3, 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 966412d 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 1997.
BERT VISKOVICH
CITY ENGINEER
CITY OF CUPERTINO
By:
1997
EXHIBIT
OLD LOT LINE CONFIGURATION, PARCEL 2
All of Parcel 2 as shown on that certain Parcel Map recorded in Book 650 of Maps, page(s) 27
and 28, Santa Clara County Records and described as follows:
BEGINNING at a 3/a" Iron Pipe at the most Easterly corner of Parcel 2 as shown on the above
mentioned Parcel Map, said point of beginning lying on the Westerly boundary of Upland
Way; thence leaving said Westerly boundary of Upland Way S81 °22'04"W 41.56 feet; thence
S27° 14' 11 "W 322.08 feet; thence S89°57'00"W 282.31 feet; thence N03016'00"W 166.69
feet; thence N58°38' 12"E 257.20 feet; thence S48°21'38"E 108.36 feet to a point of tangency;
thence along a curve to the left with a radius of 50.00 feet, an internal angle of 111°46'32"
and a length of 97.54 feet to a point of tangency; thence N19°51'50"E 21.52 feet to a point of
tangency; thence along a curve with a radius of 50.00 feet, an internal angle of 65°02'07" and
a length of 56.75 feet to a point of tangency; thence N81°22'04"E 41.56 feet to a point of
cusp; thence along a non -tangent curve to the left with an initial tangent of S28059' 13"E with
a radius of 205.00 feet, an internal angle of 04°06'40" and a length o 14.71 feet to the POINT
OF BEGINNING.
Containing 85,972 sq. ft. and being all of the above mentioned Parcel 2, and lying within the
limits of incorporation of the City of Cupertino, California.
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EXHIBITA
EXHIBIT B
NEW LOT LINE CONFIGURATION, PARCEL 2
A portion of Parcel 2 as shown on that certain Parcel Map recorded in Book 650 of Maps,
page(s) 27 and 28, Santa Clara County Records and described as follows:
BEGINNING at a'/4" Iron Pipe at the most Easterly corner of Parcel 2 as shown on the above
mentioned Parcel Map, said point of beginning lying on the Westerly boundary of Upland
Way; thence leaving said Westerly boundary of Upland Way S81 °22'04"W 41.56 feet; thence
S27014' l I "W 322.08 feet; thence S89°57'00"W 232.33 feet; thence N17'28' 16"E 262.85
feet; thence N58°38' 12"E 95.13 feet; thence S48°21'38"E 108.36 feet to a point of tangency;
thence along a curve to the left with a radius of 50.00 feet, an internal angle of 111'46'32"
and a length of 97.54 feet to a point of tangency; thence N19°51'50"E 21.52 feet to a point of
tangency; thence along a curve with a radius of 50.00 feet, an internal angle of 65002'07" and
a length of 56.75 feet to a point of tangency; thence N81 °22'04"E 41.56 feet to a point of
cusp; thence along a non -tangent curve to the left with an initial tangent of S28°59' 13"E with
a radius of 205.00 feet, an internal angle of 04°06'40" and a length o 14.71 feet to the POINT
OF BEGINNING.
Containing 67,792 sq. ft. and being a portion of the above mentioned Parcel 2, and lying
within the limits of incorporation of the City of Cupertino, California.
QROF ESSlp4,A
Uj No, 2069Z
MCP_
��9r_ CIVIL a�Q'/
EXHIBIT C EXHIBIT A
OLD LOT LINE CONFIGURATION, PARCEL 3
All of Parcel 3 as shown on that certain Parcel Map recorded in Book 650 of Maps, page(s) 27
and 28, Santa Clara County Records and described as follows:
BEGINNING at a 3/4" Iron Pipe at the most Easterly corner of Parcel 2 as shown on that
certain Parcel map recorded in Book 650 of Maps, page(s) 27 and 28, Santa Clara County
Records, said point of beginning lying on the Westerly boundary of Upland Way; thence along
said Westerly boundary of Upland Way a non -tangent curve to the right with an initial tangent
of N33°05'53"W, with a radius of 205.00 feet, an internal angle of 04°06'40" and a length of
14.71 feet to the TRUE POINT of BEGINNING.
Thence from said TRUE POINT OF BEGINNING leaving said Westerly Boundary of Upland
Way S84°53'58"W 37.09 feet to a point of tangency; thence along a curve to the left with a
radius of 50.00 feet, an internal angle of 65°02'07" and a length of 56.75 feet to a point of
tangency; thence S19°51'50"W 21.52 feet to a point of tangency; thence along a curve to the
right with a radius of 50.00 feet, an internal angle of 111'46'32" and a length of 97.54 feet to
a point of tangency; thence N48°21'38"W 108.36 feet; thence S58°38' l2"W 257.20 feet;
thence NO3°16'00"W 150.91 feet; thence N54°36'00"E 251.47 feet; thence S35°24'00"E
277.73 feet to a point of cusp; thence along a non -tangent curve to the left with an initial
tangent of N51 ° 19'49"E with a radius of 37.50 feet, an internal angle of 31 °27'59" and a
length of 20.59 feet to a point of tangency; thence N19°51'50"E 21.52 feet to a point of
tangency; thence along a curve to the right with a radius of 62.50 feet, an internal angle of
65°02'07" and a length of 70.94 feet to a point of tangency; thence N84°53'58"E 42.14 feet to
a point of cusp; thence along a non -tangent curve to the left with an initial tangent of
S25°13'0IE with a radius of 205.00 feet, an internal angle of 03°46'12" and a length of 13.49
feet to the TRUE POINT OF BEGINNING.
Containing 50,961 sq. ft. and being all of the above mentioned Parcel 3, and lying within the
limits of incorporation of the City of Cupertino, California.
Q 0� EESSIp q
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EXHIBIT A
EXHIBIT D
NEW LOT LINE CONFIGURATION, PARCEL 3
All of Parcel 3 and a portion of Parcel 2 as shown on that certain Parcel Map recorded in
Book 650 of Maps, page(s) 27 and 28, Santa Clara County Records and described as follows:
BEGINNING at a 3/4" Iron Pipe at the most Easterly corner of Parcel 2 as shown on that
certain Parcel map recorded in Book 650 of Maps, page(s) 27 and 28, Santa Clara County
Records, said point of beginning lying on the Westerly boundary of Upland Way; thence along
said Westerly boundary of Upland Way a non -tangent curve to the right with an initial tangent
of N33°05'53"W, with a radius of 205.00 feet, an internal angle of 04°06'40" and a length of
14.71 feet to the TRUE POINT of BEGINNING.
Thence from said TRUE POINT OF BEGINNING leaving said Westerly Boundary of Upland
Way S84°53'58"W 37.09 feet to a point of tangency; thence along a curve to the left with a
radius of 50.00 feet, an internal angle of 65°02'07" and a length of 56.75 feet to a point of
tangency; thence S19'51'50"W 21.52 feet to a point of tangency; thence along a curve to the
right with a radius of 50.00 feet, an internal angle of 111'46'32" and a length of 97.54 feet to
a point of tangency; thence N48°21'38"W 108.36 feet; thence S58°38' 12"W 95.13 feet;
thence S 17°28' 16"W 262.85 feet; thence S89°57'00"W 49.98 feet; thence NO3°16'00"W
317.60 feet; thence N54°36'00"E 251.47 feet; thence S35°24'00"E 277.73 feet to a point of
cusp; thence along a non -tangent curve to the left with an initial tangent of N51 ° 19'49"E with
a radius of 37.50 feet, an internal angle of 31°27'59" and a length of 20.59 feet to a point of
tangency; thence N19'51'50"E 21.52 feet to a point of tangency; thence along a curve to the
right with a radius of 62.50 feet, an internal angle of 65°02'07" and a length of 70.94 feet to a
point of tangency; thence N84°53'58"E 42.14 feet to a point of cusp; thence along a non -
tangent curve to the left with an initial tangent of S25°13'01E with a radius of 205.00 feet, an
internal angle of 03°46' 12" and a length of 13.49 feet to the TRUE POINT OF
BEGINNING.
Containing 69,141 sq. ft. and being all of the above mentioned Parcel 3 and a portion of Parcel
2, and lying within the limits of incorporation of the City of Cupertino, California.
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901 CAMPISI WAY, SUITS 100
CA24PBELL, CA 95008
z A (408) 559-3424
All -Cal Title Company ' : E3
PRELIMINARY REPORT ,h w �
Issued for the sole use of: AMENDED
Century 21 Alpha Our Order No.: 01092858
2150 S. Bascom Ave.
Campbell, CA 95008
ATTN: Fred Martin WHEN RSPLYING PLEASE* CONTACT:
Escrow Officer: PHYLLIS COTTA
Title Officer: MARION MILLS
PROPERTY ADDRESS:!11837 Upland Way
Cupertino, CA
in response to the above referenced application for a policy of title insurance, All -Cal Title
Company hereby reports that Is prepared to issue, or cause to be issued, as of the date
hereof a Policy or Policies of Title Insurance describing the land at the estate or 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 in Schedule B 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 the attached list. Copies of the Policy forms should be read. They are available from
the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit A of this report carefully, The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
Insurance policy and should be carefully considered.
It is Important to note that this preliminary report is not written representation as to the
condition of title and may not list all liens, defects, and encumbrances affecting title to
the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED 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.
CITA PRELIMINARY REPORT (EftcVve 1-1-95)
EXHIBIT "A" (Rev. 1-19-91)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1990 �����
EXCLUSIONS FROM COVERAGE
'he h*+lowlnQ matters an expressly excluded from the coverage of this policy and the company will not pay loss or damage, cab,
Jttoi I fees or expenses which arise by reason of:
1. (a, ny law, ordinance or governmental regulations (including but not limited to building or zoning taws, ordinances or regutatlons)
rastricUng, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (It) the character, dimensions or location pf
any Improvement now or hereafter eracted on the land; (tit) a separation in ownership or a change in the dimensions or area of the land or
arty parcel of which the land is or was a part; or (tv) environmental protection, or the effect of any vlolation of these laws, ordlnsncos
or governmental regulations, except to the extent that a notice of the enforcement there-J or a notice of a defect, lien or oncurntwSne"
r*sutUng from a violation or alleged violation affecting the land has been recorded In the public records at date of policy, above,(b) Any
.;ovemmental police power not excluded by (a) except to the extent that a notice of the exercise thereof or a notice of a defect ifen
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of poncy.
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 data of policy which would be binding on the rights of a purchaser for value
•vtthout knowledge.
3. Defects, hens 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 know to the Company, not recorded In the public records at data of policy, but known to the Insured claimant and not dlsclosed In
•.-MUng to the Company by the Insured claimant prior to the data the Insured claimant became an Insured under this poticy.
;c) resulting In no loss or damage to the Insured claimant:
'd) attaching or created subsequent to date of policy; or
'a) resulting in loss or damage which would not have been sustained If the Insured claimant has paid value for the insured mortgage or fOr
+he estate or interest Insured by this policy.
i. Unenforcaability of the lien of the Insured mortgage because of the Inability or failure of the insured at data of policy or the Inability or
failure of any subsequent owner of the Indebtedness, to comply with the applicable doing business laws of the state In which the land Is
Atusted.
a. Invalidity or unenforceabllity 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.
3. Any claim, which arises out of the transaction vesting In the Insured the estate of interest insured by this policy or the transacth}n
:,rsating the Interest of the insured tender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditor's rights taws.
EXCEPTIONS FROM COVERAGE -SCHEDULE 8, PART I
;his Policy does not Insure against loss or damage ( and the company will not pay costa, attomey's fees or expenses) which arts* by
eas f:
PART)
1. Taxes or assessments which are not shown as existing liens by records of any taxing authority that levies taxes or assessments on tell
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 tale
'acords of such agency or by the public records.
?, Any facts, Rights Interests or claims which art not shown by the public records but which could be ascertained by an lnspectioni Of,
he land 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, conf lcts In boundary tines, shortage In area, encroachments, or any other facts which a correct survey would disclose,
.Ind which are not shown by the public records.
;. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights,
lsims or title to water, whether or not the matters excapted under (a), 9b) or (e) are shown by the public records,
AMERiCAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
'n addition to the Exceptions in Schedule 8, you are not Insured against loss, costs, attorney's fees, and expenses resulting from:
+
1. Governmental police power, and the existence or violation of any taw or government regulation, this Includes building and zontno
Ndlnances and also laws and regulations concern:
land use land division
. improvements on the land environmental protection
his exclusion does not apply to violations or the enforcement of these matters which appear In the public records at policy date.
:hls exclusion does not limit the zoning Coverage described in Items 12 and 13 of Covered Title Risks.
(List of Printed Exceptions and Exclusions Continued on next Page)
Page 1
EXHIBIT A (CONTINUED)
EXHIBIT B
2. The right to take the land by condemning It, unless:
a notice of exercising the rights appears to the public records on the policy date
the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking
3. 'Title Risks:
`%at are created, allowed, or agreed to by you
At are known to you, not to us, on the Policy Date unless they appeared In the public records
that result in no loss to you
that first affect your title after the Policy Date - - this does not limit the labor and material lien coverage In Item 8 Covered Title Risks
a. Failure to pay value for y our title.
S. Lack of a right:
to any land outside the area specifically described and referred to In item 3 of Schedule A
or
In streets, alleys, or waterways that touch you land
Thts exclusion does not limit the access coverage In Item d of covered Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, atto"Wvis
toes or expenses which arlse by reason of:
1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning taws, ordinances, or reguladorbs)
restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; 01) the character, dimensions or location of
any Improvements now or hereafter erected on the land; (111) 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 protections, or the effect of any violation of these laws, ordlMncis
or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrances
resulting Prom a violation or alleged violation affecting the land has been recorded In the public records at date of policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the oxarclse thereof or a notice of a
lien or encumbrance resulting from a violation or alleged violation affecting the land has boon 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 rapt
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
w tho,A knowiedge.
3. r -lets, liens, encumbrances, adverse claims or other matters:
( ,sated, 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 Ilen for services, labor or material or to the extent insurance is afforded herein as to assessment for street ,
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 has paid value for the Insured mortgage.
4. Unenforceabiiity of the lion 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 ifs
situated.
6. Invalidity or unenforceabiiity 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 11en for services, labor or materials (or the claim of priority of any statutory Ilan for services, labor or materials over lien of
the Insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to dab of
policy and Is not financed in whole or in part by proceeds of the Indebtedness secured by the insured which at date of policy the Insured has
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 3h: operation or
federal bankruptcy, state Insolvency, or similar creditors' rights laws. ,
The above policy forms may be Issued to afford either Standard Covsrage or Extended Coverage. In addition to the above Exclusions from
Coverage the Exceptions from Coverage In a Standard Coverage Policy will also Include the following General Exceptions.
(List of Printed Exceptions and Exclusions Continued on Next page)
Pago 2
SCHEDULE "B" CONTINUED:
Order No. 01.092858
Recorded: July 24, 1996
In Book P 431,of Official Records
Page 1352
Loan No.: RHLO6960463
Address : 650 El Camino Real, Suite G, Redwood City,
CA 94063-1394
AFFECTS SAID LAND AND OTHER PROPERTY
The beneficial interest of REDWOOD MORTGAGE INVESTORS V1, a
California Limited Partnership under said deed of trust was
assigned by assignment
To: BANK HAPOALIM H.M., all of its undivided $382,250.00/
$764,500.00
By Assignment Dated: August 19, 1996
Recorded: August 28, 1996
An Instrument No.: 13422902 of Official Records
NOTE:
1. The last recorded instrument(s) conveying record title to the
premises is/are:
GRANT DEED executed by LARRY L. MILLER, an unmarried span,
Grantor(s), to L.L.M. INVESTMENTS, INC., a Delaware
Corporation, Grantee(s), recorded October 14, 1993 in Book N
064 of official Records, at page 1207.
STR
ARB: 366-03-012.01.02 a 013.01.02
mm/km (02/04/97 mm/km) (04/03/97 tm/on)
PROOFED: km
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EXHIBIT
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EXCEPTIONS FROM COVERAGE EXHIBIT B.
This policy does not Insure against loss or damage (and the Company will not pay cost, attomey's foes or expenses which arise by
roof " of: '
taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessment;
on rb_. 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 bj 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 whlch could be ascertained by an Inspection of 6,e
:and or by making Inquiry of persona 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 discto*s,
and which are not shown by the public records.
S. (a) Unpatented mining claims; (b) reservations or exceptions In patents or to Acts authorizing the Issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY 10-17-92)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attomwe
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or nequlsdorls)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; 01) the character, dimension* or bwdon bf
any Improvements now or hereafter erected on the land; (ill) 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 protections, or the effect of any violation of these lays, ordinances
or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Ilan or encumbrances
resulting from a violation or alleged violation affecting the land has been recorded In the public records at date of policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of f
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at date of poJtCy.
2. Rights of eminent domain unless notice of the exorcise 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
wtttwut knowledge.
3. Defects. liens, encumbrances, adverse claims or other matters:
I coated, suffered, assumed or agreed to by the Insured claimant;
t, of 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
(a) resulting In loss or damage which would not have been sustained If the Insured claimant has paid value for the estate or Interest
Insured by this policy.
The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage the Exceptions from Coverage In a Standard Coverage Policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against ios3 or damage (and the Company will not pay cost, attorney's foes or expenses which arise by
reason of: i
i. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes w ossessmonio
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 Irrspecdon of the
land or by making Inquiry of persons in possession thereof.
3. Easements, liens or ancumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancles, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would dlsclpse,
and which are not shown by the public records.
d. (a) Unpotbnted mining claims; (b) reservations or exceptions In patents or In Acts authorizing Me Issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (C) are shown by the public records.
Page 3
i A,
Santa
Clara
Land
Title
yompany
PRELIMINARY REPORT
ORDER NO. 001 19179-A
Century 21 Alpha
2160 S. Bascom Ave.
Campbell, CA 95008
Attn: Fred Martin
E5cru* Branch.
701 Miller Street ������"'�'
Sari Jose, CA 95110 d !
(408) 288-7800 Fax (408) 275-0824
Escrow Officer Linda TUPAdt
Title & Administrative Services:
701 Miller Street, San Jose, CA 951 10
(408)288-7800 Fax (408) 993-1070
Title Officer: Greg Ball/nial
Ref. No:
Property Address:
11841 Upland Way
Cupertino, CA
In response to the above referenced application for a policy of title insurivi", this CoinpLmy reports that it is prepared to issue, or cause to be issued,
as of the dote hereof, a Policy or Policies of Title Insurance describing the laird and the estate ur interest therein hercinaficr sct forth, insuring dgntnst
loss which may be sustaincd by reason of any defect, lien or cncutnbraacc nQi shown or rcfcrrcd to as an Exception herein or nut excluded tiom
toveNe pursuant to the printed Schedules, Conditions and Stipulations of said Policy tnnns. The printcd Exceptions and Exclusions from the
covugc of said Policy or Policies are set forth in Exhibit A attached.
rtegs read this exceptions shown or reftrred 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 coveted under the terms of the (lilt insurance
policy and should be carefully considered.
It is ltaportant to note that this preliminary report is not a written representation as to the condition of title acid taay not lht all liens,
defef ts, and eneumbrances affecting title to the land. This report (and any supplcntcnts hereto) is issued sciely for the purpose of facilitating the
issu*o 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 �ksurancd, a Binder or Commitment should be requested.
t
The (OrM of policy of title Insurance contemplated by this report is:
i
CLTA OwrAes, ALTA Lendces
Oated u of January 1 Sth, 1997 at 7:30 a.m. Title Officer.
The prate or Interest in the land hereinafter described or referred to covcrcd by this Report is:
A F191 as to rorcel Numbers) 009
ItAS MINT as to Parcel Numbers) Two
Title I Ito said estate or Interest at the date hereof is vested in.
L.L M. Investments, Inc., a Delaware corporation
5
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on ^1_ following pages.
La-� L.as
rage i+u..:
f File No. 00119179-A
EXHIBIT" 6
1. TAXES for the fiscal year 1996-97, a lien, shown as follows:
Ist Installment $2,453.44 Delinquent, Penalty $245.34
2nd Installment $2,453.44 Open
Assessor's Parcel No. 366-03-058 Code Area 13-202
Land $450,178.00 IMP NONE PP NONE Exemp NONE
2. The lien of supplemental taxes, if any, assessed pursuant to the provisians of Chapter 3.5,
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
3. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes as shown or dedicated by the map filed fur record March 22, 1948 in Book 18 of Maps, at
Page 4 and 5.
For: Building Setback Line
Affects: most Easterly 25 feet of said land _
4. An Agreement, affecting said land, for the purposes stated herein and subject to the terms,
covenants, conditions, restrictions, and easements, if any, contained therein
For: To Supply Water
Dated: None shown
Executed by: Melvin E. Hewins, et al and The San Jose Water Works
Recorded: April 15, 1948 in Book 1598, Page 544, Official Records.
5, An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes, shown or dedicated by the map herein referred to:
(A) For: 18' Private Storm Drainage Easement, Private Sanitary Sewer Easement,
Emergency Vehicle Access Easement, Private ingress and Egress Easement and
Public Utility Easement
Affects: as shown on recorded map
(B) For: 10' Private Storm Drainage Easement
Affects: as shown on recorded map
6. An Agreement, affecting said land, for the purposes stated herein and subject to the terms,
covenants, conditions, restrictions, and easements, if any, contained therein
For: Covenant for Compliance with Conditions
Dated: September 14, 1993
Executed by: Larry L. Miller
Recorded: September 21, 1993 in Book N 018, Page 0733, Official Records.
I
E-10d LOS
Page No. 3
F,1c No. 00119179-A
EXHIBIT B
7. Matters in an instrument which among other things, pruvides for the reciprocal exchange of rights
and easements, limitations, covenants, conditions and restrictions,
Executed by: Larry L. Miller
For: Road Maintenance Agreement
Recorded: September 21, 1993 in Book N 018, Page 0735, Official Records.
S. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of. Pacific Gas and Electric Company, a Califurnia corporation
For: underground and abuveground facilities
Recorded: March 14, 1995 in Book N 787, Page 1628, Official Records
Affects: the strip of land which is shown as Strip 2 upon second party's map SJL 13266
attached thereto
9. A deed of trust to secure an indebtedness in the original amount shown below,
Dated :
July 8, 1996
Amount:
$764,500.00
Trustor :
L.L.M. Investments, inc., a Delaware corporation
Trustee :
GYMNO Corporation, a California corporation -
Beneficiary :
Redwood Mortgage Investors VI, a California limited partnership, as to an
undivided 50% interest and Redwood Mortgage Investor V11, a California
limited partnership, as to an undivided 50% interest
Recorded :
July 24, 1996, in Book P 431, Page 1352, Official Records
Address :
650 El Camino Real, Suite G, Redwood City, CA 94063-1394
Loan No.:
RHL06960463
(Affects herein
described and other property)
The beneficial interest of Redwood Mortgage Investors V1, a California limited partnership
Was assigned to:Bank Hapoalim B.M. by instrument
Dated: August 19, 1996
Recorded: August 28, 1996, under Recorder's Series No. 13422902, Official Records
Address: 250 Montgomery Street, Suite #700, San Francisco, CA 94014
10. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if
any.
NOTES.
a. Date last insured: 10/29/1992
b0d LSS
7 i
rage ivo.
Fdc No 00119179-A
SCHEDULE C � e
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
Parcel 2, as shown on that Parcel Map filed for record in the office of the Recorder of the County of
Santa Clara, State of California on September 21, 1993 in Book: 650 of Maps, page(s) 27 and 28.
Reserving therefrom an easement for the benefit of Parcel 3, tier Private Ingress and Egress, Private
Sanitary Sewers, Emergency Vehicle Access, Private Storm Drainage and Public Lltilities over that
portion shown as PSDE, PSSE, EVAE, PIEF, and PUE on the Map tiled for record on September 21,
1993 in Book 650 of Maps, pages 27 and 28.
PARCEL TWO:
An easement for private ingress and egress, private sanitary sewers, emergency vehicle access, private
t storm drainage and public utilities over a portion of Parcel 3, 9 feet in width the Southerly line of which
is described as follows:
Beginning at the Northeasterly corner of Parcel A, as shown on that cettain Parcel Map recorded in
Book 492 of Maps, at page 2, Santa Clara County Records, said point of beginning lying on the
Westerly boundary of Upland Way; thence along said Westerly boundary of Upland Way and along a
curve to the left with an initial tangent of S. 7 degrees. 34' 30" W. an internal angle of 4 degrees. W, UO"
a radius of 430.00 feet and a length of 30.39 feet to a point of tangency; thence S. 3 degrees 3 P 30" W.
85.93 feet to a point of curvature; thence along a tangent curve to the left with an internal angle of 32
degrees. 30' 30" a radius of 205.00 feet and a length of 116.31 feet to a point of curvature and the true
point of beginning; thence leaving said Westerly boundary of Upland Way and continuing S. 84 degrees.
53' 58" W. 42.14 feet to a point of curvature; thence along a tangent curve to the left with an internal
angle of 65 degrees. 02' 07" a radius of 50.00 feet and it length of 56-75 feet to a point of tangency;
thence S. 19 degrees. 51' 50" W. 21.52 feet to a point of curvature; thence along a tangent curve to the
right with an internal angle of 122 degrees. 01' 32" a radius of 50.00 fret and a length of 106.49 fret to a
point of tangency; thence N. 38 degrees. 06' 38" W. 53.22 feet to a point of curvature-, thence along a
tangent curve to the left with an intemal angle of 24 degrees. 15' 5 1 " a radius of 35.00 feet and a length
of 14, 82 feet to a point of tangency; thence N. 62 degrees. 22' 28"''. 32.80 feet to the end of tlic
centerline of this easement.
ARB No: 366-012.01.01, 013.01.01
OId L,aS
EXHIBIT "A" "," I BIT B
LIST OF PRINTED FXCEPTIONS ANT) EXCLUSIONS
t -
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 I Coverage. If the iSSuant;e of any other type of policy IS
anticipated, the escrow officer should he conlactcd to determine the applicable cxcltuions and cxccpttvns.
1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY
WITH ALTA ENDORSEMENT - MUM I COVERAGE
EXCLUSIONS FROM COVERAGE
1. Sa) Any law, ordinance or g(ivemmerlral 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 of
locations of any improvcment now or hereafter erected on the land; i iii) a separation im 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) cav trorimcnial protection, or the effccl of any violation of thcsc laws,
ordinances or governmental regulations, except to the extent that a notice of the cnforccmcnt thcrcof 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 govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a liolice of a
defect, lien or encumbrance resulting from a violation or alleged violation affccung the land has been fccorded in the public records at
date of policy.
2. Rights of eminent domain unless notice of the exercise thereof h:,s been recorded III the public record.> at date of policy, but not
oxeluding from coverage any tatting which has occurred prior to Date ut policy wht,.h would be binding tin the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumheanccs, adverse Maims or other matters:
a) created, suffered, assumed or agreed to by the insured claimant;
not known to the Company, not recorded in the public rccr,rds at date of poll,.)', but known to the iu,ured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insurcd claimant became an insurcd under this policy;
(C} resuhing in no loss or damage to the insured claimant,
(d) attaching or created subsequent to date of policy (,.kept to the extent that this pi,licy Insures [tie priority of the lien of the insured
mortgage over any statutory liens for services, I;,bor or materials, or to the extent Insurance a of tordcd herein as to assessments for sirect
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 Claunaru had paid value for the Insured mongage.
1
4, Unenfoteeabilily of the lien of the insured mortgage because of the inability of 4ilurc of [he Insured at date of policy. or the inability or
failure of any subsequent owner of the indehtedness, to comply with applicable doing buylncss laws of the state in which the land is
sitytatted.
S. Invalidity or unenforeeability of the lien of the insured mortgage, or claim thcrcof, which arises out of the transaction cvideticed by the
insured mortgage and is bascd upon usury or any consumer crcdit protection or trudi-in-lending law.
6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for %crviccs, labor or materials over the
lien of the insured mortgage) arising Gum the improvcment or work related to the land which is contracted tar and
commencedsubsequent to data of policy and Is not IinanCPd in wim;e yr ill pale by p(JCCCd!, of the lndChiCdnCSS ; Ct1fC1 b) [Ire insured
mortgage which art dillc of policy the insurcd hat ldvaiiced ur Is obligated it) 3dvamCe.
7, Any claim, which arises out of the transaction creating the interest of the murtgagce insured by tills policy, by reason of tlnc`operalton of
federal bankruptcy, state insolvency or silnllar,.rcditors' rights taws that is based on
(17 the transaction creating the interest of the in5l,rcd mortgagee hcing deemed a fraudulent convc)anCc or [raudulCnl iransfcr, or
(it) subordination of the interest of the insured mortgagee as the result of [he application of the doctrine of cquit iblc )ubordtnatioii; or
(ill) the transaction creating the interest of the insured mortgagee being dccmcd a preferential tianstcr accept where the preferential Ifansfcr
results from the failure:
(4) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to purchaser for value of ajudgmem or lien creditor.
ITd LSS
EXHIBIT "A" • continued `yl " "` ,.n1
'� H Y iJi".iCT i j 4�i�
CALIFORNIA LAND TITLE ASSOCIATION STANDARD C'OVFkkGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
I
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and coning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (11) tilt ihardctcr, dimensions or
locations of any improvement now or herctifter erected on the hnd, (ii) a separation 1n 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 thercof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged �lolation affecting the land had bccn recorded in the public records at date of policy.
(b) Any governmental police power not excluded by (a) above, cxcept to the extent that a notice of the cxcrcisc thereof or a notice of a
defect, lien or cricumbrance resulting from a violation or Alcged violation affcctirg the land has been recorded in the public rccords at
date of policy.
2. Rights of eminent domain unless notice of the exercise thcrcuf has been recorded in the Public rnLurds at date of policy, but not excluding
from coverage any taking which has occurred prior to Jaic of policy which vveurld be binding on the rights of a purchaser for value
i without knowledge.
i
3. Defects, liens, encumbrances, adverse claim, or other mancrs:
(a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or ag.ccd to by the insured claimant;
not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and nut disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insurcd under this policy.;
(e) 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 str.•tatncd 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 mongage hecausc of the ;nubility or failure of the insurcd tit date of policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply w fill 1pplicahlC doing business laws of the state in which the land is situated.
S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thcrcuf, 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 tine estate or inrcrest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal banktuptc) ,state in,oivency or under crcdituri 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 aSsesarnents on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessments, ur nvtices of such
proceedings, whether or not shown by the records pf such .lgcncy or by the public rccords.
2. Any facts, rights, interests or claims which arc 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 thercof.
3. Easements, liens or encumbrances, or claims thereof, which .trc not shown by the public records.
d. Discrepancies, conflicts in boundary lines, shortage in area. ;ncroachments, or :in) other fact$ which a correct ur,,cy would disclose, and
which are not shown by the public records.
S. (►) Unpatented mining claims;
(b) reservations or exceptions in patents or tit Acts authorizing the issuance thereof,
(e) water rights, claims or title to water, whether or nut the matcrs cxccptcd under (a), (b) or (c) arc shown by the public records
_jTd LSS