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LLA-Gregory Group, Inc-11725, 11718 Ridge Creek Rd-APNs: 366-04-074, 366-04-075 P19 14 8Pr GE 1 30 I 20553 % 3 Recorded at the Request of RED FEE First American Title Guaranty Co. RECORDING REQUESTED BY: City of Cupertino R-7 r= a „ �,R® AUG 18 1993 8:OOi , 'TCF 1 AA. RETURN TO: City of Cupertino �_ 10300 Torre Avenue LIEN LAURIE KANE,Recorder Cupertino, CA 950149 Santa Cl2�a Cou+�# ,4,4#t i2iecot 'FG POOR IDT LINE ADJUSTMENT PROPERTY OWNER(S) : GREGORY GROUP, INC. , A California Corporation (Lots 379 & 380) 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 Lots 379 and 380, as designated on the attached plat and descriptions marked Exhibit "A” and attached hereto, has been submitted by the record owner(s) of the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18-1.202.3C of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from that 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 ‘9 day of , 1993.),ACA4, BERT VISKOVICH CITY ENG 1 mai, CITY OF 6'ERTIN2 A , ape: BY: 41filial im ' 11/92 • M9 48 PAGE 1302 EXHIBIT " A " Ruth and Going, Inc. R-FG July 26, 1993 17095B PARCEL "A" LANDS OF THE GREGORY GROUP LEGAL DESCRIPTION FOR THE PURPOSES OF A LINE ADJUSTMENT LOT 380 BEFORE ADJUSTMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: All of Lot 380, as said lot is shown upon that certain map entitled "Tract No. 8098 Seven Springs - Unit No. 6", recorded on June 16, 1988 in Book 587 of maps, pages 22 through 29, Santa Clara County Records. ocifESSiok_ 4,���'�t C. syr, , EXP. 95 �I ' � 5 . 19 4 8 PAGE 1303 • EXHIBIT ' A ' Ruth and Going, Inc. R±G July 26, 1993 17095B PARCEL "B" LANDS OF THE GREGORY GROUP LEGAL DESCRIPTION FOR THE PURPOSES OF A LINE ADJUSTMENT LOT 379 BEFORE ADJUSTMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: All of Lot 379, as said lot is shown upon that certain map entitled "Tract No. 8098 Seven - Springs - Unit No. 6", recorded on June 16, 1988 in Book 587 of maps, pages 22 through 29, Santa Clara County Records. opFE • fi" t� z No. CO29693 2 nx+ kms- Q a , sig O m. •' of CAO.w. M9 $ PA CE 13Q4 EXHIBIT "A" RFC Ruth and Going, Inc. August 17, 1993 17095B PARCEL "A" LANDS OF THE GREGORY GROUP LEGAL DESCRIPTION FOR THE PURPOSES OF A LINE ADJUSTMENT LOT 380 AFTER ADJUSTMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: All of Lot 380 as said lot is shown upon that certain map entitled "Tract No. 8098 Seven Springs - Unit No. 6", recorded on June 16, 1988 in Book 587 of maps, pages 22 through 29, Santa Clara County Records. TOGETHER WITH that certain portion of Lot 379, as said Lot is shown upon said map of Tract No. 8098, and being described as follows: BEGINNING at the easterly corner of said Lot 379; thence along the northeasterly line of said Lot 379 North 56°47'51" West 90.01 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along said northeasterly line, northerly along a tangent curve to the right, with a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet to the northerly corner of said Lot 379; thence along the northwesterly line of said Lot 379, South 33°12'09" West 10.00 feet; thence South 56°47'51" East 10.00 feet to the said true point of beginning of this description. EXCEPTION THEREFROM that certain portion of said Lot 380 being described as follows: BEGINNING at the southerly corner of said Lot 380, thence along the southeasterly line of said Lot 380, North 33° 12'09" East 60.93 feet; thence leaving said southeasterly line, North 56°47'51" West 70.01 feet to the southwesterly line of said Lot 380; thence along said southwesterly line, South 15°45'47" East 92.81 feet to the said point of beginning of this description. vspFESSJpy4 0 z No. 0029693 teen EXP . 3-31- g, M94PPAGE ! 05 EXHIBIT "A" RFC Ruth and Going, Inc. August 17, 1993 17095B PARCEL "B" LANDS OF THE GREGORY GROUP LEGAL DESCRIPTION FOR THE PURPOSES OF A LINE ADJUSTMENT LOT 379 AFTER ADJUSTMENT All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: All of Lot 379, as said lot is shown upon that certain map entitled "Tract No. 8098 Seven Springs - Unit No. 6", recorded on June 16, 1988 in Book 587 of maps, pages 22 through 29, Santa Clara County Records. TOGETHER WITH that certain portion of Lot 380, as said Lot is shown upon said map of Tract No. 8098, and being described as follows: BEGINNING at the southerly corner of said Lot 380, thence along the southeasterly line of said Lot 380, North 33°12'09" East 60.93 feet; thence leaving said southeasterly line, North 56°47'51" West 70.01 feet to the southwesterly line of said Lot 380; thence along said southwesterly line, South 15°45'47" East 92.81 feet to the said point of beginning of this description. EXCEPTION THEREFROM that certain portion of said Lot 379 being described as follows: BEGINNING at the easterly corner of said Lot 379; thence along the northeasterly line of said Lot 379 North 56°47'51" West 90.01 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along said northeasterly line, northerly along a tangent curve to the right, with a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet to the northerly corner of said Lot 379; thence along the northwesterly line of said Lot 379, South 33°12'09" West 10.00 feet; thence South 56°47'51" East 10.00 feet to the said true point of beginning of this description. QapFESSIpk' eto v� G - gNo. �� .: ..:� Ext riV Y✓i, r CI ��� EXHIBIT " A " 239 238 N 89'32'06" E 159.03' _1V_ ti-61 LOT 380 EXISTING 13,457, sq, f t. 381 77 t co .v. 3 U; 0.30 acres `� ' LOT 380 PROPOSED ry� o � * 11,346. sq. ft. .S .' ri „ 0.26 acres ") 382 S u s6. LANDS OF LYDDON 'Qo,'i4� LOT E TO BE ADJUSTED (f) 1 = 90'00' €'' 4 R = 10.00' \, /Pip � - L = 15.71' F�, ri �' tis RF�� LOT LINE TO BE ADJUSTED o.0 e, C / �A;)04- •90 0�s' y�, SRT LOT 379 EXISITING P.O.B. - 9,145. sq. ft. P.O. 0.20 acres N LOT 379 PROPOSED Q 4 •4l 11,256, sq. f t. # V0'. �+• S�, 4t► j 025 acres 4, 441 et ‘i0 12If* t2 g No. .'A r, ti, . voo g EXP. 3-31-' 1 gt. �^) oo- S • z ^ 378 ar CAM- ��� , s se. OF Ci O' ssir , L1 S 3312'09" W 10.00' 366 L2 N 56'47'51" W 10.00' PLAT TO ACCOMPANY THE LEGAL DESCRIPTIONS FOR THE PURPOSES OF A LOT LINE ADJUSTMENT LOTS 379 AND 380 - TRACT 8098 SEVEN SPRINGS UNIT NO. 6 CUPERTINO, CALIFORNIA DRAWN: MJD RUTH AND GDING, INC, SCALE: 1"=401 CHKD.: ± Civil Engineering Land Surveying DATE: JULY 1993 DEPT.: SURVEY 1630 Zank•r Road Sun Jo.., CA 95112 (495) 452-5700 JOB # 17095B • EXHIBIT " B ' First American Title Guaranty Company PRELIMINARY REPORT co -o =ft Note: rn Before the transaction contemplated by this report can be dosed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. FIRSTAMERICAN TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 675 North First Street San Jose, CA 95112 (408) 286-6353 M948P>irr ! ' 08 EXHIBIT " B " t071293at APPLICANT: YOUR CONTACT PERSON IS : Jim Rhoden CALL : (408) 286-6353 FAX NO. : (408) 298-4437 Ruth Going Engineers ESCROW ORDER NO. : 752674 Attention: Mike Sheehy TITLE ORDER NO. : 752674 1630 Zenker Road TITLE OFFICER : Donna Kimball San Jose, CA 95112 CUSTOMER REFERENCE : None Shown PROPERTY ADDRESS : 11725 Ridge Creek Court Cupertino, CA as to Lot 379 11714 Ridge Creek Court Cupertino, CA as to Lot 380 COPIES TO: None Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Robert J. Gilardoni Title Operations Manager M948PAGE 1 309 EXHIBIT ' B ' Order No. 752674 Page No. 2 Dated as of June 22, 1993 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: GREGORY GROUP, INC., a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1993-1994, a lien not yet due or payable. 2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions, terms, liens or charges, but deleting restrictions, if any, based on race, color, religion or national origin contained in the document recorded May 16, 1984 in Book 1546, page 83, Official Records. Reference is hereby made to the record for further particulars. 4. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions, terms, liens or charges, but deleting restrictions, if any, based on race, color, religion or national origin Contained in the document recorded May 16, 1984 in Book 1546, page 96, Official Records. CONTAINS mortgagee protection clause. 5. EASEMENT for the purposes stated herein and incidents thereto Purpose : Maintenance and repair of a fence Granted to : Dorothy Anne Lyddon Recorded : February 27, 1987 in Book K054, page 32, Official Records Affects : Northwesterly 5 feet and Southwesterly 5 feet • X99 4 8PAGE 13 I 0 EXHIBIT " B " Order No. 752674 Page No. 3 6. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount : $2,550,000.00 Dated : March 3, 1988 Trustor : Gregory Group, Inc., a California corporation Trustee : Central Valley Security Company, a California corporation Beneficiary : Sacramento Savings & Loan Association, a corporation Address : 434 L Street - P.O. Box 872, Sacramento, CA 95604 Loan No. : 070144423 Recorded : March 8, 1988, under Series No. 9622450 in Book K465, page 857, Official Records. Said matter affects this and other property. AN AGREEMENT which states that this document was subordinated To : Deed of Trust recorded February 18, 1993, Book M631, page 1231, Official Records By Agreement recorded : February 18, 1993 in Book M631, page 1239, Official Records. 7. Easements as shown on said Map of Tract No. 8098 as follows: Emergency Access Easement Public Utility Easement Private Storm Drainage Easement Sanitary Sewer Easement Storm Drainage Easement Public Service Easement Affects : Common Area and private drives 8. EASEMENT shown on filed map, and incidents thereto Purpose : Public Utility Easement Affects : Northeasterly 6 feet 9. EASEMENT shown on filed map, and incidents thereto Purpose : Private Storm Drainage Easement Affects : Northwesterly 10 feet 10. Note as shown on said Map of Tract No. 8098 as follows: 'This property is subject to conditions contained in the approved use permit 9-U-83'. 11. EASEMENT for the purposes stated herein and incidents thereto Purpose : The right from time to time to construct, install, inspect, maintain, replace, remove, and use communication facilities, together with a right of way therefore, and also ingress thereto and egress therefrom Granted to : Pacific Bell Recorded : September 9, 1988 in Book K675, page 100, Official Records Affects : P.U.E. (Public Utility Easement) and Common Area X19 4 8 PA GE 1 3 I EXHIBIT ' B " Order No. 752674 Page No. 4 12. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions, terms, liens or charges, but deleting restrictions, if any, based on race, color, religion or national origin contained in the document recorded January 20, 1988 in Book K423, page 235, Official Records. CONTAINS mortgagee protection clause. DECLARATION of Annexation thereunder Recorded : September 15, 1992 in Book M376, page 1193, Official Records. 13. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount : $2,146,000.00 Dated : February 4, 1993 Trustor : Gregory Group, Inc., a California corporation Trustee : Central Valley Security Company, a California corporation Beneficiary : Sacramento Savings Bank, a California corporation Address : P.O. Box 659012, Sacramento, CA 95865 Loan/Ref. No. : 070592902 Recorded : February 18, 1993, under Series No. 11779787 in Book M631, page 1231, Official Records. INFORMATIONAL NOTES A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: None B) TAX NOTE BOTH installments of taxes for the fiscal year 1992-1993 have been paid in full 1st installment : $205.34 2nd installment : $205.34 Land : $19,235.00 Improvements : $-0- Personal Property : $-0- Exemption : $-0- A.P. No. : 366-04-041 Code Area : 13-145 (Affects Lot 379) (INFORMATIONAL NOTES CONTINUED NEXT PAGE) H914 R. PAGE 1 3 12 EXHIBIT " B ' • Order No. 752674 Page No. 5 INFORMATIONAL NOTES: (Continued) C) TAX NOTE BOTH installments of taxes for the fiscal year 1992-1993 have been paid in full 1st installment : $205.37 2nd installment : $205.37 Land : $19,235.00 Improvements : $-0- Personal Property : $-0- Exemption : $-0- A.P. No. : 366-04-040 Code Area : 13-145 (Affects Lot 380) D) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. E) IN CONNECTION with the above-numbered transaction, the following address will be shown on any 116 endorsement issued to an approved lenders policy. 11725 Ridge Creek Court Cupertino, CA as to Lot 379 11714 Ridge Creek Court Cupertino, CA as to Lot 380 r 9 4 `? PAGE 1 3 1 3 EXHIBIT " B " Order No. 752674 Page No. 6 LEGAL DESCRIPTION REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Lot 379 as said Lot is shown upon that certain Map of Tract No. 8098, which Map was filed for record in the Office of the recorder of the County of Santa Clara, State of California on June 16, 1988 in Book 587 of Maps, pages 22 through 29. Reserving therefrom unto the grantors, all mineral, oil, gas and/or other hydrocarbon substances, geothermal steams, brines and material (collectively, 'minerals") which may be found on, in place under, or in migration in or under the property. The right to penetrate the surface of, or within five hundred (500') feet of the surface of, or to enter upon the property is hereby waived. PARCEL TWO: Lot 380 as said Lot is shown upon that certain Map of Tract No. 8098, which Map was filed for record in the Office of the recorder of the County of Santa Clara, State of California on June 16, 1988 in Book 587 of Maps, pages 22 through 29. Reserving therefrom unto the grantors, all mineral, oil, gas and/or other hydrocarbon substances, geothermal steams, brines and material (collectively, "minerals") which may be found on, in place under, or in migration in or under the property. The right to penetrate the surface of, or within five hundred (500') feet of the surface of, or to enter upon the property is hereby waived. APN: 366-04-040,041 EXHIBIT " B" • FIRSTAMERICAN FIRST AMERICAN TITLE IPPI"V"-.1111". GUARANTY COMPANY ' � - � 675 North First Street, San Jose, CA 95112 (408) 286-6353 TITLE GUARANTY co -v rn NOTICE In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or dosing officer. s . • OFFICE OF COUNTY ASSESSOR SANTA CLANA COUNTY. CALIFORNIA sooty • • 6 E \\ 7 366 4 S3 \ NOTE,LOTS 6•1 TO 6-2 ' O1� ARE • COMMON /INCAS - }-... / 90/ 91 • LOT 6,0: • .�r •O ao ( TRACT N5 8098 O 381 382 13831 384 i 385 1 386 387 3881 i 389 �f—`� SEVEN SPRINGS—UNIT N26 / to• I 111 1 1 sa ) p I °/ I-t I-3e i J7 1 3 6 -1 3f 3J 1 32.t'3/ �I is I /p .e u_� .I L0 T 1�= 100 / R/OGE CREEK / LOT 6.11--•., i.T sE�� 3800 (Prl.I CT. s. •O °0 .o - p ��_�� �.�0 --.1-----r—W,7<"I I jf3 �$ i �7 fB .I m \s 1 53 m 1w e °I 42 i 43 °e+f4 aI 375 I 374 I 373 13 \ �l1 X ! so_ �)(--.;(s- Q�y�'G/ a! 37:1-1.L /1 378 1 377 1 376 368 1 369 1 370 1 371,11‘,I 5CO :!-N L7,71 is,7�{sol-1 I_ 3I _ 366 367 X32 1.3/ 3t7 1I f9 "14. I 55 J — I __________,_xe-h . CO so p/HE BROOK (Pvt.) CT. 5\ — S _ CT. WOODH/L L (Pr,.) 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