LLA-10739 Santa Lucia Rd-APN 342-17-36y8-':0 �
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
Doc#: 14506902
11/17/1998 2�18 PM
CQNFC'R E COPY: This dxciment has
n cc,mpare-d with the original.
iH CLARA COUNTY RECORCER
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Mary Pesce King, Trustee of the 1995 Mary Pesce King Revocable Trust dated January 5, 1995
as to an undivided 50% interest, and Sandra Delgado, a married woman as her sole and
separate property, as to an undivided 50% interest, as Tenants in Common
LOT LINE ADJUSTMENT
10739 Santa Lucia Road, APN 342-17-36
DOCUMENT TITLE
0 Original
For Fast Endorsement
RECORDING REQUESTED BY: City of Cupertino
RETURN TO: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
LOT LINE ADJUSTMENT
PROPERTY OWNERS: Mary Pesce King, Trustee of the 1995 Mary Pesce King
Revocable Trust dated January 5, 1995, as to an undivided 50%
interest and Sandra Delgado, a married woman as her sole and
separate property, as to an undivided 50% interest, as Tenants in
Common (Parcels A&B)
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE
ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between Parcels A & B, as designated on the attached
plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record
owners of the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with
the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or
more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel
and that a greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.010H of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino,.in the event that the change in title interest of ownership (including lien holder interest)
is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the
event that any change in title interest of ownership (including lien holder interest) from the
specified on the preliminary title report designated on Exhibit `B" and attached hereto, occurs prior
to the recordation of the grant deed conveying the real property in conformity to Exhibit "A".
Approved this day o 1998.
BERT VISKOVICH
CITY ENGINEER
CI'
By
1998
J`.!]iq qif
XP1
LEGAL DESCRIPTION
PARCEL A
(BEFORE LOT LINE ADJUSTMENT)
The Land referred to herein is situated in the State of California, County of
Santa Clara, City of Cupertino, and is described as follows:
All of Section 119 as designated on "Map of Inspiration Heights, Monta
Vista," recorded April 11, 1917 in Book "P" of Maps, at page 13, in the
office of the County Recorder of the County of Santa Clara, State of
California and being more particularly described as follows:
Beginning at the most northerly corner of that certain 0.59 acres parcel of
land, as shown on that certain Record of Survey recorded May 20, 1997 in Book
688 of Maps at page 30, Santa Clara County Records;
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 100.12 feet;
thence South 45 Degrees 02 Minutes 00 Seconds West a distance of 89.00 feet;
thence North 44 Degrees 58 Minutes 00 Seconds West a distance of 100.12 feet;
thence North 45 Degrees 02 Minutes 00 Seconds East a distance of 89.00 feet
to the Point of Beginning of this description.
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EXH1B IT A
LEGAL DESCRIPTION
PARCEL B
(BEFORE LOT LINE ADJUSTMENT)
The Land referred to herein is situated in the State of California, County of
Santa Clara, City of Cupertino, and is described as follows:
All of Section 118, and portions of Sections 117 and 149 as designated on
"Map of Inspiration Heights, Monta Vista," recorded April 11, 1917 in Book
"P" of Maps, at page 13, in the office of the County Recorder of the County
of Santa Clara, State of California and being more particularly described as
follows:
Beginning at the most southerly corner of that certain 0.59 acres parcel of
land, as shown on that certain Record of Survey recorded May 20, 1997 in Book
688 of Maps at page 30, Santa Clara County Records;
thence North 44 Degrees 58 Minutes 00 Seconds West a distance of 90.12 feet;
thence North 45 Degrees 02 Minutes 00 Seconds East a distance of 109.00 feet;
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 25.00 feet;
thence North 45 Degrees 02 Minutes 00 Seconds East a distance of 89.00 feet;
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 76.68 feet;
thence South 48 Degrees 22 Minutes 30 Seconds West a distance of 198.34 feet
to the Point of Beginning of this description.
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EXHIBITA
LEGAL DESCRIPTION
PARCEL A - AFTER LOT LINE ADJUSTMENT
The Land referred to herein is situated in the State of California, County of
Santa Clara, City of Cupertino, and is described as follows:
Beginning at the most northerly corner of that certain 0.59 acres parcel of
land, as shown on that certain Record of Survey recorded May 20, 1997 in Book
688 of Maps at page 30, Santa Clara County Records.
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 125.12 feet;
thence South 45 Degrees 02 Minutes 00 Seconds West a distance of 89.00 feet;
thence North 44 Degrees 58 Minutes 00 Seconds West a distance of 125.12 feet;
thence North 45 Degrees 02 Minutes 00 Seconds East a distance of 89.00 feet
to the Point of Beginning of this description.
Containing 11,135.68 square feet, more or less.
LAND SG�
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LEGAL DESCRIPTION
PARCEL B - AFTER LOT LINE ADJUSTMENT
The Land referred to herein is situated in the State of California, County of
Santa Clara, City of Cupertino, and is described as follows:
Beginning at the most southerly corner of that certain 0.59 acres parcel of
land, as shown on that certain Record of Survey recorded May 20, 1997 in Book
688 of Maps at page 30, Santa Clara County Records.
thence North 44 Degrees 58 Minutes 00 Seconds West a distance of 90.12 feet;
thence North 45 Degrees 02 Minutes 00 Seconds East a distance of 109.00 feet;
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 50.00 feet;
thence North 45 Degrees 02 Minutes 00 Seconds East a distance of 89.00 feet;
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 51.68 feet;
thence South 48 Degrees 22 Minutes 30 Seconds West a distance of 198.34 feet
to the Point of Beginning of this description.
Containing 14,538.45 square feet, more or less.
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FINA1�'CIAL
TITLE C O M PAN Y
PRELIMINARY REPORT
ORDER NO.00133032-014-A KLM
Mary Delgado
Escrow Branch: irM
701 Miller Street
San Jose, CA 95110
(408) 279-3800 Fax (408) 998-7249
Escrow Officer: Kay L. Marcelino/eip
Title & Administrative Services:
701 Miller Street, San Jose, CA 95110
(408) 288-7800 Fax (408) 286-6450
Ref. No:
Property Address:
10739 Santa Lucia Road
Cupertino, CA
APN: 342-17-036
ARB: 342-17-36
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 lard 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 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
)olicy 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:
ALTA Lender's Policy
Dated as of March 3. 1998 at 7:30 a.m.
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:
Mary Pesce King, Trustee of the 1995 Mary Pesce King Revocable Trust dated January 5, 1995, as to an
undivided 50% interest, and Sandra Delgado, a married woman as her sole and separate property, as to
an undivided 50% interest, as Tenants in Common
The land referred to in this Report is situated in and 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.
c;AH
Page No. 2 Ian
File No. 00133032-014-A KLM
1. TAXES for the fiscal year 1998-99, a lien not yet due or payable.
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 :
September 12, 1996
Amount:
$50,000.00
Trustor :
Mary Pesce King, Trustee of the 1995 Mary Pesce King Revocable Trust dated
January 5, 1995 and Sandra Delgado, a married woman as her sole and separate
property
Trustee :
American Securities Company, a Corporation
Beneficiary :
Wells Fargo Bank, N.A., a national banking association
Recorded :
September 26, 1996 under Recorder's Series No. 13460964, Official Records
Address :
2331 Zanker Road, San Jose, CA 95131
Loan No.:
None Shown
4. The effect of Record of Survey filed for record on May 20, 1997 in book 688 of Maps, page 30,
and any discrepancies in the legal description that may be disclosed thereby.
NOTES:
a. Date last insured: 09-26-1996
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.
Page No. 3 EXHIil
File No. 00 1 33032-014-A KLM
e. 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.
f. 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 --
Grantor: Mary Pesce King, Trustee of The 1995 Mary Pesce King Revocable Trust dated
January 5, 1995
Grantee: Mary Pesce King, Trustee of The 1995 Mary Pesce King Revocable Trust dated
January 5, 1995, as to an undivided 50% interest, and Sandra Delgado, a
married woman as her sole and separate property, as to an undivided 50%
interest as Tenants in Common
Recorded: September 26, 1996 under Recorder's Series No. 13460962, Official Records.
Grantor: Ali Haider, spouse of the grantee herein
Grantee: Sandra Delgado, a married woman as her sole and separate property
Recorded: September 26, 1996 under Recorder's Series No. 13460963, Official Records.
Page No. 4 EIBil
File No. 00133032-014-A KLM
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 of Sections 118 and 149, as designated on "Map of Inspiration Heights, Monta Vista," recorded
April 11, 1917 in Book "P" of Maps, at page 13, in the office of the County Recorder of the County of
Santa Clara, State of California and the portions of Sections 117 and 150 of the said Map lying
Northwesterly of a line more particularly described as follows: Beginning at a point on the
Southwesterly line of the said Section 150 and distant thereon N. 44 degrees 58 minutes W. 65.8 feet
from the most Southerly corner of the said Section 150 and running thence along the Northwesterly line
of land now or formerly of Francis J. Hart, N. 46 degrees 07 minutes E. 198 feet to the Southwesterly
line of Santa Lucia Road.
Excepting therefrom that portion conveyed to Glenn Junior Pack, et ux, by deed recorded July 19, 1961
in Book 5235, page 28, and being more particularly described as follows:
Beginning at the Northernmost corner of that certain tract of land described in the deed from George H.
Roach, et ux, to Glenn Junior Pack, et ux, dated May 29, 1957, recorded June 3, 1957 in Book 3812
Official Records, page 118, Santa Clara County Records, in the Southwesterly line of Santa Lucia Road,
as said Lot is shown upon the Map above referred to. thence from said point of beginning S. 46 degrees
07 minutes W. along the Northwesterly line of land so described in the deed to said Pack for a distance
of 198.00 feet to the Westernmost corner thereof, thence N. 44 degrees 58 minutes W. along the
Southwesterly line of Section 149, as said section is shown upon the Map above referred to for a
distance of 15.00 feet; thence Northeasterly to a point in the said Southwesterly line of Santa Lucia
Road, said point being distant N. 44 degrees 58 minutes W. 8.00 feet from the said point of beginning;
thence S. 44 degrees 58 minutes E. 8.00 feet to the point of beginning.
PARCEL TWO:
Section 119, as designated on "Map of Inspiration Heights, Monta Vista," recorded April 11, 1917 in
Book "P" of Maps, page 13 in the office of the County Recorder of the County of Santa Clara, State of
California.
Page No. 5
File No. 00133032-014-A KLM
Excepting from Parcels One and Two, the interest conveyed to the County of Santa Clara by deed
recorded September 20, 1950 in Book 2057, page 249, Official Records, in and to the therein described
parcel, and being more particularly described as follows:
All that strip of land 40 feet wide, delineated and designated Santa Lucia Avenue upon the Map of
Inspiration Heights Monta Vista, as recorded in Map Book P, at page 13 of the Official Records of Santa
Clara County.
ARB No: 342-17-36
APN No: 342-17-036
CORDoVA
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EXHIBIl B
EXHIBIT "A" EXHIS11
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.
b. 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
00 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 ajudgment or lien creditor.
EXHIBIT "A" - continued EX i B11 B
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.
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) 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.
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
I. 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.