LLA-Cupertino Square, LLC, APNs: 316-20-089, 316-20-096, 316-20-097, 316-20-098RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
140 FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 19798059 Pages: 37
I.Moa,D 117.00
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOTLINE ADJUSTMENT
RDE # 006
4/02/2008
8:00 AM
Cupertino Square, LLC, a Delaware limited liability company
Parcel I -A (APN 316-20-089), Parcel I-C(1) (APN 316-20-096, 316-20-097, 316-20-098)
e16 `
Kriginal
or Fast Endorsement
LOT LINE ADJUSTMENT
Property Owners: Cupertino Square, LLC, a Delaware limited liability company
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 APN 316-20-089 (Parcel I -A) and APN 316-20-096, -
097 and -098 (Parcel I-C(1)) 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 18.08.01011 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 "C".
Approved this 21 day of NlA4P, , 2008.
Ralph A. Qualls Jr.
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
B
y. S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
aYmM§
State of California
County of
e�-)anlrn C �at^a-
On A arm '9-7, 3 `09 before me, �0��n Wbi t G
Date ;� Here Insert Name and Title of the Officer
IC personally appeared aI o1 _A . DV a It S i 'i-r"
Name(s) of Signer(s)
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(' whose name;K is/3►illsubscribed to the
within instrument and acknowledged to me that
he/sbe,Wey executed the same in his/authorized
capacity(ies), and that by his/he#the+r signature( on the
instrument the person(*, or the entity upon behalf of
which the person* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my Pand and official seal.
Signature
352KZ� '
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document Title or Type of Document LC)- Lti o -e /� /" a u�-M-e��
Document Date: MGtCC.h a 1143 Der 9 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact 7�7
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
EXISTING ADJUSTED PARCEL 1-A
CUPERTINO SQUARE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, PER THAT CERTAIN LOT LINE ADJUSTMENT FOR VALLCO INTERNATIONAL SHOPPING
CENTER, LLC, RECORDED NOVEMBER 18, 2005 IN DOCUMENT NO. 18684096 OF OFFICIAL RECORDS,
SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF ADJUSTED PARCEL 1-A AS SHOWN ON SAID LOT
LINE ADJUSTMENT;
THENCE NORTH 88051'27" EAST, A DISTANCE OF 303.10 FEET (SOUTH 88051'27" EAST, 303.11 FEET
PER SAID LOT LINE ADJUSTMENT);
THENCE SOUTH 01 008'33" EAST, A DISTANCE OF 9.04 FEET PER SAID LOT LINE ADJUSTMENT;
THENCE SOUTH 88054'46" WEST, 23.42 FEET (NORTH 88054'46" EAST, 23.42 FEET PER SAID LOT LINE
ADJUSTMENT);
THENCE THE FOLLOWING COURSES AND DISTANCES PER SAID LOT LINE ADJUSTMENT:
SOUTH 0100514" EAST, 378.00 FEET;
NORTH 88054'46" EAST, 16.22 FEET;
SOUTH 46005' 14" EAST, 106.07 FEET;
SOUTH 01005'14" EAST, 215.11 FEET;
SOUTH 88054'46" WEST, 29.29 FEET;
SOUTH 43054'46" WEST, 150.58 FEET;
SOUTH 01005'14" EAST, 29.43 FEET;
SOUTH 88054'46" WEST, 115.55 FEET;
NORTH 0100514" WEST, 23.23 FEET;
SOUTH 88054'46" WEST, 86.48 FEET;
SOUTH 28054'46" WEST, 95.50 FEET;
SOUTH 01 °05' 14" EAST, 83.48 FEET;
SOUTH 88054'46" WEST, 299.55 FEET, -
NORTH 00042'30" WEST, 157.45 FEET;
THENCE NORTH 89013'29" EAST, A DISTANCE OF 299.01 FEET (NORTH 89013'29" EAST, 298.99 FEET
PER SAID LOT LINE ADJUSTMENT);
THENCE NORTH 00004'30" WEST, A DISTANCE OF 800.03 FEET (NORTH 00004'30" WEST, 800.02 FEET
PER SAID LOT LINE ADJUSTMENT) TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 302,374 SQUARE FEET OR 6.94 ACRES MORE OR LESS.
MARCH 25, 2008
SHEET I OF 4
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Admindata/Legal/205176 Adj Parcel1-A.doc
EXHIBIT "A"
LEGAL DESCRIPTION
EXISTING ADJUSTED PARCEL 1-C(1
CUPERTINO SQUARE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, PER THAT CERTAIN LOT LINE ADJUSTMENT FOR VALLCO INTERNATIONAL SHOPPING
CENTER, LLC, RECORDED NOVEMBER 18, 2005 IN DOCUMENT NO. 18684096 OF OFFICIAL RECORDS,
SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF ADJUSTED PARCEL 1-C(1) AS SHOWN ON SAID
LOT LINE ADJUSTMENT;
THENCE NORTH 01 005'14" WEST, A DISTANCE OF 1019.49 FEET PER SAID LOT LINE ADJUSTMENT;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF
36.54 FEET AND A DELTA ANGLE OF 20056'09" PER SAID LOT LINE ADJUSTMENT TO A POINT OF REVERSE
CURVATURE;
THENCE ALONG A REVERSE CURVE HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 32.26 FEET
AND A DELTA ANGLE OF 18028'53" PER SAID LOT LINE ADJUSTMENT;
THENCE NORTH 01 022'02" EAST, A DISTANCE OF 29.66 PER SAID LOT LINE ADJUSTMENT;
THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT (TO THE LEFT PER SAID LOT LINE ADJUSTMENT)
HAVING A RADIAL BEARING OF NORTH 01 045'45" EAST, A RADIUS OF 1368.73 FEET, AN ARC LENGTH OF
128.01 FEET AND A DELTA ANGLE OF 5021'31" (5021'30" PER SAID LOT LINE ADJUSTMENT);
THENCE NORTH 82052'44" WEST, A DISTANCE OF 76.01 FEET (SOUTH 82052'44" WEST, 76.01 FEET
PER SAID LOT LINE ADJUSTMENT);
THENCE NORTH 01 008'33" WEST, A DISTANCE OF 44.47 FEET PER SAID LOT LINE ADJUSTMENT;
THENCE SOUTH 88054'46" WEST, A DISTANCE OF 23.42 FEET (NORTH 88054'46" WEST, 23.41 FEET
PER SAID LOT LINE ADJUSTMENT);
THENCE THE FOLLOWING COURSES AND DISTANCES PER SAID LOT LINE ADJUSTMENT:
SOUTH 01005" 4" EAST, 378.00 FEET;
NORTH 88054'46" EAST, 16.22 FEET;
SOUTH 46005'14" EAST, 106.07 FEET;
SOUTH 01005'14" EAST, 215.11 FEET;
SOUTH 88054'46" WEST, 29.29 FEET;
SOUTH 43054'46" WEST, 150.58 FEET;
SOUTH 01005'14" EAST, 29.43 FEET;
SOUTH 88054'46" WEST, 115.55 FEET;
NORTH 01005'14" WEST, 23.23 FEET;
SOUTH 88054'46" WEST, 86.48 FEET;
SOUTH 28054'46" WEST, 95.50 FEET;
SOUTH 01005'14" EAST, 83.48 FEET;
SOUTH 88054'46" WEST, 299.55 FEET;
SHEET 2 OF 4
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THENCE SOUTH 00042'30" EAST, A DISTANCE OF 236.99 FEET (SOUTH 00042'30" EAST, 237.00 FEET
PER SAID LOT LINE ADJUSTMENT);
THENCE NORTH 88054'46" EAST, A DISTANCE OF 807.12 PER SAID LOT LINE ADJUSTMENT TO THE TRUE
POINT OF BEGINNING.
EXCEPTING FROM SAID EXISTING ADJUSTED PARCEL 1-C(1) DESCRIBED ABOVE, A PORTION OF SAID
LAND AS WAS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED OCTOBER 15,1976 IN BOOK
C348 OFFICIAL RECORDS, PAGE 714.
CONTAINING AN AREA OF 401,581 SQUARE FEET OR 9.22 ACRES MORE OR LESS
MARCH 25, 2008
SHEET 3 OF 4
Admindata/Legal/205176Adj Parcel1-C(1).doc
POB 44.47, N0108'33"W
1- A 9.04, N010833"W
303.10' S88 51'27"W R=1368.73' P OB, 1-CI(2)
L=128.01' ; N895523"W
Gr4sNi �521'31 o-82.14'
23.42; N885446"E z
LOT LINE BEING
GRAPHIC SCALE REMOVED 76.01; N825244"W
0 150 0 ^ ( 1 Rau 1
0 o R= 100.00'�� o
o LOT LINE cv o
o L=32.26 ;v
1 inch = 150 ft. I BEING REMOVED �i A 182853" Z Z POC
R= 100.00'
LEGEND ^ NEW LOT LINE �L=36.54' �� Q
ALL DISTANCES AND l BEING CREATED) d=2056'09" I w 00N I N
Q
DIMENSIONS ARE IN FEET "�� POB,1-A(2) I v � �� r, O
AND DECIMALS THEREOF. \� ! 286.10'
S88 5446 "W ssr o m d Q
NEW LOT LINE `� , 6O � Ln cn w
24.08, S010514 E �o s� o �
LOT LINE TO 16.22, N8854'461E o,,cn
�<' too z
BE REMOVED
o 040 Z IJJ
PARCEL 1-A(2) �, ofd LL
DISTINCTIVE BOUNDARY
Z w
,.. O
OR 4.58±AC 0
PARCEL LINES NI L I �
- - - - Tl D JJS T-�5D x LO z
STREET CENTERLINE PAj-?C 11 l-A w o f �
- DOC. #1D63-,1OJ6 J,R, z
TIE LINE �`i� �I
S885446"W h�D� �29.29'
�086.48' D� p� S885446"W
AMHERST DRI�E
-115.55 - --
299. 01 ' N897329 v
d �, a'I `} s
S88 54 46 W
LO �29.4J" S0105'14 "E o
23. 23; N0105'14 "W Z I " , j ; 1
" 50, S285446"W � fG .S 77.
o ! S885446 W P. 12/31/09 1l
�- 299.55' ; 0
OF CAO
w' C 0? 6( PARCEL 1-C1(2) I 3 2S%d
ADJJS7' D AREA= 504,426±S.F.
RT1ffCr l J Cfl� OR 11.58±AC
N DOC, #1163,2�OJ6 J,R, POB
1-C(1)
!_ 807.12' N885446 "E
PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A"
DATE ALE ALE 1=1U�10V 01
CIVIL ENGINEERS $CLOT LINE ADJUSTMENT SHEET
O
S A N D I S `LANE"°" LANDS OF MACY'S
PLANNERS DRAWN BY. SLK
605 Castro Street I Mountain View, CA 94041 1 P.650.969.6900 1 F.650.969.6472 1 www.sandis.n•L APPROVED BY Ldc CUPERTINO SQUAREDRAWING NO'
MOUNTAINROSEVILLE OAKLAND205176 CUPERTINO CALIFORNI of 4 SHEETS
or 25, 2008 - 11:48am 205176
\P\205176\SURVEY\PLATS\PLAT- MACYS LA.No
OCHICAGO TITLE COMPANY
Exhibit B
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of
title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss
which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations
or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or
policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the
Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.
Limitations on Covered Risks applicable to the CLTA and AL TA Homeowner's Policies of Title Insurance which
establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain co verages are also set forth
in Attachment One. Copies of the policy forms should be read. They are a vailable from the office which issued
this report.
This report (and any supplements or amendments 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 policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a
Nebraska corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set
forth in Attachment One of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title insurance
policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the land,
Chicago Title Company
BY / "] ,
�l`((/, President
ATTEST
�UI�Y/ � Secretary
CLTA Preliminary Report Form - Modified (1 U17/06)
Visit Us on our Website: www.ctic.com Exhibit B
Chicago Title Company
g p Y
ISSUING OFFICE: 675 N. First Street, Suite 400 • San Jose, CA 95112
408 271-7600 • FAX 408 295-3975
PRELIMINARY REPORT
Title Officer: Jan Nguyen C&I Title No.: 07-98005612-JN
Locate No.: CACTI7743-7743-2980-0098005612
TO: Sandis Humber Jones
605 Castro Street
Mountain View, CA 94041
ATTN: Chad Browning
SHORT TERM RATE: Yes
PROPERTY ADDRESS: N. Wolfe Road, Cupertino, California
EFFECTIVE DATE: November 29, 2007, 07:30 A.M.
The form of policy or policies of title insurance contemplated by this report is:
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY
THIS REPORT IS:
A FEE as to Parcel(s) Parcel I -A, Parcel I-C(1) and;
AN EASEMENT more fully described below as to Parcel(s) II-B, Parcel V-A, Parcel V-C, Parcel V-D,
Parcel XI, Parcel XII and Parcel XVI
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Cupertino Square, LLC, a Delaware limited liability company
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
JN\RL 12/05/2007
1
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
Title No. 07-98005612-IN
Locate No. CACTI 7743 -7743-2 980-0098005 6 12
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel I -A:
Beginning at the most Southeasterly corner of Tract No. 2860 as shown on that certain Map recorded in Book
138 of Maps, Pages 22 and 23, Santa Clara County Records; thence S. 83 deg. 47' 30" E., 42.44 feet; thence S.
00 deg. 04' 30" E. 407.03 feet to the true point of beginning; thence S. 88 deg. 51' 27" E., 303.11 feet; thence
S. 01 deg. 08' 33" E., 9.04 feet; thence N. 88 deg. 54' 46" E., 23.42 feet; thence S. 1 deg. 05' 14" E., 378.00
feet; thence N. 88 deg. 54' 46" E., 16.22 feet; thence S. 46 deg. 05' 14" E., 106.07 feet; thence S. 1 deg. 05'
14" E., 215.11 feet; thence S. 88 deg. 54' 46" W., 29.29 feet; thence S. 43 deg. 54' 46" W. 150.58 feet; thence
S. 1 deg. 05' 14" E. 29.43 feet; thence S. 88 deg. 54' 46" W., 115.55 feet; thence N. 1 deg. 05' 14" W., 23.23
feet; thence S. 88 deg. 54' 46" W., 86.48 feet; thence S. 28 deg. 54' 46" W. 95.50 feet; thence S. 1 deg. 05'
14" E., 83.48 feet; thence S. 88 deg. 54' 46" W. 299.55 feet to a point in the general Easterly line of Tract No.
2086 as shown on that certain Map recorded in Book 112 of Maps, Pages 40 and 41, Santa Clara County
Records; thence along said general Easterly line, the following courses; thence N. 0 deg. 42' 30" W. (N. 0 deg.
43' W. per said Map), 157.45 feet; thence N. 89 deg. 13' 29" E., 298.99 feet (N. 89 deg. 12' 40" E., 299.06 feet
per said Map); thence N. 0 deg. 04' 30" W., 800.02 feet to the true point of beginning.
(A) Excepting therefrom, during the term described in (C) below all buildings and improvements situated upon
the real property described below which said buildings and improvements shall constitute and remain real
property, as excepted in the Deed from Vallco Fashion Park Venture, A Partnership and Vallco Center, Inc., a
Corporation to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14, 1976 in
Book C280 Official Records Page 627, and more particularly described as follows:
Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map
recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as
shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. 05' 14" W. 445.65 feet; thence
S. 88 deg. 54' 46" W. 100.32 feet to the True Point of Beginning; thence N. 1 deg. 05' 14" W. 120.92 feet;
thence N. 88 deg. 54' 46" E., 4.71 feet; thence N. 1 deg. 05' 14" W., 134.50 feet; thence N. 46 deg. 05' 14" W.
41.85 feet; thence S. 88 deg. 54' 46" W. 55.05 feet; thence S. 43 deg. 54' 46" W. 31.51 feet; thence S. 88
deg. 54' 46" W., 16.22 feet; thence S. 43 deg. 54' 46" W. 10.91 feet; thence S. 1 deg. 05' 14" E. 12.58 feet;
thence S. 46 deg. 05' 14" E. 17.00 feet; thence S. 1 deg. 05' 14" E. 160.21 feet; thence S. 88 deg. 54' 46" W.
17.12 feet; thence S. 1 deg. 05' 14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg.
05' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W., 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet; thence N.
88 deg. 54' 46" E. 155.78 feet to the True Point of Beginning.
(C) The exception described in (A) above is only for a term which terminate upon the termination of that
certain Sub -Lease by and between Vallco Fashion Park Venture and Federated Department Stores, Inc., dated
August 31, 1976, A Memorandum of which was recorded September 14, 1976 in Book C280 Official Records,
Page 634, pursuant to the terms thereof, at which time title to the real property granted herein shall revert to
Vallco Fashion Park Venture, its successors, its successors in interest and assigns without further act of any
party thereto or their successors, successors in interest or assigns.
Parcel I-C(1):
Beginning at the intersection of the monument line of Stevens Creek Boulevard, as shown on that certain
Parcel Map recorded in Book 325 of Maps at Page 12, Santa Clara County Record, with the monument line of
Wolfe Road as shown on said Map; thence leaving said monument line of Stevens Creek Boulevard, along said
monument line of Wolfe Road, N. 1 deg. 05' 14" W., 96.38 feet; thence leaving said monument line of Wolfe
Road, S. 88 deg. 54' 46" W., 65.00 feet to a point in the Westerly line of said road; thence along the Westerly
line, N. 1 deg. 05' 14" W., 558.22 feet; thence N. 2 deg. 59' 50" W., 270.93 feet; thence S. 88 deg. 54' 46" W.,
19.97 feet to the True Point of Beginning; thence continuing along said Westerly line N. 1 deg. 05' 14" W.,
1019.49 feet; thence along a tangent curve to the right, having a radius of 100.00 feet, through a central
angle of 20 deg. 56' 09", an arc length of 36.54 feet to a point of reverse curvature; thence along a tangent
curve to the left, having a radius of 100.00 feet, through a central angle of 18' 28' 53", an arc length of 32.26
feet; thence N. 1 deg. 22' 02" E., 29.66 feet thence along a non -tangent curve to the left, having a radius of
1368.73 feet, whose center bears S. 01' 45' 46" W. through a central angle of 051 21' 30" an arc length of
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
EXHIBIT "A" (continued) Title No. 07-98005612-JN
Locate No. CACTI 7 743 -7 743 -2980-0098005 6 12
128.01 feet; thence S. 82152' 44"., 76.01 feet; thence N. 010 08' 33" W, 44.47 feet; thence N. 880 54' 46" W.,
23.41 feet; thence S. 11 05' 14" E., 378.00 feet; thence N. 880 54' 46" E., 16.22 feet; thence S. 460 05' 14" E.,
106.07 feet; thence S. 11 05' 14" E., 215.11 feet, thence S. 880 54' 46" W., 29.29 feet; thence S. 430 54' 46"
W., 150.58 feet, thence S. 10 05' 14" E., 29.43 feet; thence S. 880 54' 46" W., 115.55 feet thence N. 10 05' 14"
W., 23.23 feet; thence S. 88' 54' 46" W., 86.48 feet; thence S. 280 54' 46" W., 95.50 feet; thence S. 10 05' 14"
E. 83.48 feet; thence S. 88' 54' 46" W., 299.55 feet to a point on the general Easterly line of Tract No. 2086 as
shown on that certain Map recorded in Book 112 Maps, Pages 40 and 41, Santa Clara County Records; thence
along said general Easterly line S. 0° 42' 30" E., 237.00 feet (S.01 43" E. per said Tract) to the most
Northwesterly corner of that certain parcel described in said Book 8073 Official Records at Page 372, Santa
Clara County Records; thence along the Northerly line of said Parcel N. 880 54' 46" E. 807.11 feet to the True
Point of Beginning.
(A) Excepting therefrom during the term described in (C) below all buildings and improvements situated upon
the real property described below which said buildings and improvements shall constitute and remain real
property, as excepted in the Deed from Vallco Fashion Park Venture, A Partnership and Vallco Center, Inc., a
Corporation to Federated Department Stores, Inc., a Delaware Corporation, recorded September 14,
1976 in Book C280 Official Records Page 627, and more particularly described as follows:
Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map
recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as
shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg. 05' 14" W., 445.65 feet; thence
S. 88 deg. 54' 46" W. 100.32 feet to the True Point of Beginning; thence N. 1 deg. 05' 14" W., 120.92 feet;
thence N. 88 deg. 54' 46" E., 4.71 feet; thence N. 1 deg. 05' 14" W. 134.50 feet; thence N. 46 deg. 05' 14" W.
41.85 feet; thence S. 88 deg. 54' 46" W. 55.05 feet; thence S. 43 deg. 54' 46" W. 31.51 feet; thence S. 88
deg. 54' 46" W., 16.22 feet; thence S. 43 deg. 54' 46" W. 10.91 feet; thence S. 1 deg. 05' 14" E. 12.58 feet;
thence S. 46 deg. 05' 14" E. 17.00 feet; thence S. 1 deg. 05' 14" E. 160.21 feet; thence S. 88 deg. 54' 46" W.
17.12 feet; thence S. 1 deg. 05' 14" E. 10.88 feet; thence S. 88 deg. 54' 46" W. 12.85 feet; thence S. 1 deg.
05' 14" E. 8.27 feet; thence S. 88 deg. 54' 46" W., 11.68 feet; thence S. 1 deg. 05' 14" E. 51.06 feet; thence N.
88 deg. 54' 46" E. 155.78 feet to the True Point of Beginning.
(C) The exception described in (A) above is only for a term which terminates upon the termination of that
certain Sub -Lease by and between Vallco Fashion Park Venture and Federated Department Stores, Inc., dated
August 31, 1976, a Memorandum of which was recorded September 14, 1976 in Book C280 Official Records,
Page 634, pursuant to the terms thereof, at which time title to the real property granted herein shall revert to
Vallco Fashion Park Venture, its successors, its successors in interest and assigns without further act of any
party thereto or their successors, successors in interest or assigns.
Also excepting from said Parcel I-C(1) described above, a portion of said land as was conveyed to the City of
Cupertino by Deed recorded October 15, 1976 in Book C348 Official Records, Page 714.
Parcel II-B:
A perpetual and exclusive easement, for the construction, maintenance in place and maintenance, repair,
replacement, re -construction and use of underground footings for buildings, structures and improvements to
be located in Parcel V-A hereinafter described and other land over, in, under, along and across the following
described real property:
All that air space bounded by planes projected vertically at the parcel limits, below the horizontal plane at
elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark
BM-1 Elev. 179.40);
Beginning at the intersection of the monument Line of Vallco Parkway as shown on that certain Parcel Map
recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as
shown on said Map; thence along said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence
N. 88 deg 54' 46" E., 103.43 feet to the True Point of Beginning; thence N. 1 deg 05' 14" W., 140.00 feet;
thence N. 88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E. 140.00 feet; thence S. 88 deg 54' 46" W.,
10.00 feet to the True Point of Beginning.
Parcel V-A:
A perpetual and exclusive easement granted by the City of Cupertino, California by Agreement dated October
8, 1974, recorded October 17, 1974 in Official Records, Santa Clara County, Book B 135 at Page 370, as
amended by Supplement to Agreement between the City of Cupertino, California and Vallco Park, Ltd., dated
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
EXHIBIT "A" (continued) Title No. 07-98005612-JN
Locate No. CACT17743-7743-2980-0098005612
as of August 5, 1975, recorded on August 20, 1975 in the aforesaid Official Records in Book B571 Page 724, to
construct, maintain in place, maintain, repair, replacement re -construct and to use buildings, structures and
improvements over the following described Parcel of Land.
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being
a 140 foot wide strip, bounded by planes projected vertically at the Parcel limits, above the horizontal plane at
elevation 195.50 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark
BM-1 = Elev. 179.40) the centerline of which is described as follows:
Beginning at the monument at the centerline of Wolfe Road and Vallco Parkway, as shown on that certain
Parcel Map, recorded in Book 325 of Maps, Page 12, Santa Clara County Records; thence Northerly along the
centerline of Wolfe Road as shown on said Parcel Map N. 1 deg 05' 14" W., 496.56 feet; thence at right angles
S. 88 deg 54' 46" W., 94.00 feet to the True Point of Beginning; thence N. 88 deg 54' 46" E., 170.00 feet; The
Easterly terminus being the Easterly Right -of -Way line of Wolfe Road and the Westerly terminus being the
Westerly Right -of -Way line of Wolfe Road.
Parcel V-B:
The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair,
replacement, reconstruction and use of columns, supports, footings and foundations for buildings, structures
and improvements to be located in Parcel V-A above described, granted by The City of Cupertino, California,
by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County,
Book B135 at page 370, as amended by Supplement to Agreement between the City of Cupertino, California
and Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in the aforesaid Official
Records in Book B571 at Page 724, over, in, under, along and across the following described real property.
Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map,
recorded in Book 325 of Maps, Page 12, Santa Clara County Records, with the monument line of Wolfe Road as
shown on said Map; thence leaving said monument line of Vallco Parkway along the Northerly projection of
said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet to the True Point of Beginning; thence S.
88 deg 54' 46" W., 14.50 feet; thence N. 1 deg 05' 14" W., 140.00 feet; thence N. 88 deg 54' 46" E. 32.00 feet;
thence S. 1 deg 05' 14" E., 140.00 feet; thence S. 88 deg 54' 46" W., 17.50 feet to the True Point of Beginning.
Parcel V-C:
The perpetual and exclusive easement for the construction, maintenance in place, and maintenance, repair,
replacement, re -construction and use of columns, supports, footings and foundations for buildings, structures
and improvements to be located in Parcel V-A above described, granted by the City of Cupertino, California by
Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara County, Book
B135 at Page 370, as amended by Supplement to Agreement between the City of Cupertino, California and
Vallco Park, Ltd., dated as of August 5, 1975, recorded on August 20, 1975 in Book B571 at Page 724, Official
Records, and as amended by Second Amendment to Agreement, dated March 1, 1976 and recorded
September 14, 1976 in Book C280 at Page 236, Official Records, and as amended by Third Amendment to
Agreement, dated October 7, 1991 and recorded July 24, 1992 in Book M297 at Page 1860, Official Records,
over, in, under along and across the following described real property:
All that space bounded by planes projected vertically at the Parcel limits, below the horizontal plane at
elevation 173.00 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark
BM-1 = Elev. 179.40);
Beginning at the intersection of the monument line of Vallco Parkway as shown on that certain Parcel Map,
recorded in Book 325 of Maps at Page 12, Santa Clara County Records, with the monument line of Wolfe Road
as shown on said Map; thence leaving said monument line of Vallco Parkway along the Northeasterly
projection of said monument line of Wolfe Road, N. 1 deg 05' 14" W., 426.56 feet; thence S. 88 deg 54' 46"
W., 84.00 feet to the True Point of Beginning; thence continuing S. 88 deg 54' 46" W., 10.00 feet to the
Westerly line of Wolfe Road; thence along said line N. 1 deg 05' 14" W., 140.00 feet; thence leaving said
Westerly line, N. 88 deg 54' 46" E., 10.00 feet; thence S. 1 deg 05' 14" E., 140.00 feet to the True Point of
Beginning.
Parcel V-D:
A perpetual and exclusive easement to construct, repair, replace, reconstruct and use a vehicular tunnel and
appurtenances thereto not in excess of 70 feet in width to be constructed, granted by the City of Cupertino,
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
EXHIBIT "A" (continued) Title No. 07-98005612-JN
Locate No. CACTI 7743-7743-2980-0098005612
California by Agreement dated October 8, 1974, recorded on October 17, 1974 in Official Records, Santa Clara
County, Book B135 at Page 370, as Amended by Supplement to Agreement between the City of Cupertino,
California, and Vallco Park, Ltd., dated as of August 6, 1975, recorded on August 20, 1975 in the aforesaid
Official Records in Book B571 at Page 724, within the area described as follows:
Beginning at the monument at the intersection of the centerline of Wolfe Road and Vallco Parkway, as shown
on that certain Parcel Map, recorded in Book 325 at Page 12, Santa Clara County Records; thence along the
Westerly prolongation of the centerline of Vallco Parkway as shown on said Parcel Map, S. 88 deg 54' 46" W.
94.00 feet; thence leaving said prolongation along a line parallel to and 94.00 feet Westerly of said centerline
of Wolfe Road, N. 1 deg 05' 14" W., 924.22 feet to the True Point of Beginning; thence continuing along said
parallel line N. 1 deg 05' 14" W., 95.26 feet; thence along a tangent curve to the right whose radius of 100.00
feet; through a central angle of 20 deg 56' 09", an arc length of 36.54 feet to a point of reverse curvature;
thence along a tangent curve to the left, whose radius is 100.00 feet, through a central angle of 18 deg 28'
53" an arc length of 32.26 feet; thence tangent to said curve; N. 1 deg 22' 02" E., 71.50 feet to a point on the
Right -of -Way line of the lands of the State of California; thence leaving said Right -of -Way line N. 88 deg 54'
46" E. 171.63 feet to a second point on said Right -of -Way line; thence Southerly along said Right -of -Way line
S. 15 deg 06' 31" W., 63.83 feet; thence leaving said Right -of -Way line Southerly along a line parallel to and 76
feet Easterly of the centerline of Wolfe Road as shown on said Parcel Map, S. 1 deg 05' 14" E., 172.58 feet;
thence at right angles S. 88 deg 54' 46" W., 170.00 feet to the True Point of Beginning.
Excepting therefrom that portion of Parcel V-D as was conveyed to the City of Cupertino by Deed recorded
October 15, 1976 in Book C348, Official Records, Page 714.
Also excepting therefrom that portion of Parcel V-D as was conveyed to the City of Cupertino by Deed
recorded October 15, 1976 in Book C348, Official Records, Page 723.
Parcel XI
The reciprocal and non-exclusive easements, rights, privileges of use, ingress and egress, parking and for
utility and other purposes created and granted as an appurtenance to said land, described in that certain
Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Sears,
Roebuck and Co. and Federated Department Stores, Inc., dated as of the 19th day of February 1975,
Recorded the 7th day of March, 1975 in Book B309, Page 1, Official Records, Santa Clara County, as amended
by (1) First Amendment to Construction, Operation and Reciprocal Easement Agreement Dated as of the 1st
day of August, 1975 Recorded August 29, 1975 in Book B591 at Page 434 of said Official Records; (2) Second
Amendment to a Restatement of Construction, Operation and Reciprocal Easement Agreement between Vallco
Fashion Park Venture, Federated Department Stores, Inc., Sears Roebuck and Co., Inc., and J. C. Penney
Properties, Inc., dated as to the 1st day of December, 1975 Recorded September 14, 1976 Book C280 Official
Records, Page 296 in said Official Records as Amended by Third Amendment to Reciprocal Easement
Agreement Dated September 14, 1976, Recorded June 24, 1977 File No. 5698586; (3) the unrecorded
agreement dated as of the 19th day of February 1975, between Vallco Fashion Park Venture and Sears,
Roebuck and Co., the unrecorded Agreement of the same date between Vallco Fashion Park Venture and
Federated Department Stores, Inc. and the unrecorded Agreement dated as of March 1, 1976 between Vallco
Fashion Park Venture and J. C. Penney Properties, Inc. and (4) the undated Agreement and Consent and
Approval executed by Vallco Park, LTD., Vallco Fashion Park Venture, Federated Department Stores, Inc. and
Sears, Roebuck and Co. Recorded in aforesaid Official Records in Book B309, Page 241 as amended by a First
Amendment and Consent and Approval Dated August 1, 1975, by and among the same parties Recorded in
the aforesaid Official Records in Book B591, Page 445 as further amended by another Agreementand Consent
and Approval Dated as of December 1, 1975, by and among Vallco Center, Inc., Vallco Park Ltd., Federated
Department Stores, Inc., Sears, Roebuck and Co. and J.C. Penney Properties, Inc., Recorded September 14,
1976 Book C280 Official Records, Page 484, as amended by Agreement and Consent and Approval Dated
September 14, 1976 Recorded June 24, 1977 in Book C946 Page 001 and as amended by (5) Fourth
Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park
Venture, Federated Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney Properties, Inc. Dated
May 1, 1979, Recorded October 15, 1980 in Book F656 Official Records, Page 203, and as amended by (6) Fifth
Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco Fashion Park
Venture, Federated Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, Inc., Dated
February 15, 1984 and Recorded February 16, 1984 in Book I310 of Official Records, Page 001, (7) as further
amended by Sixth Amendment to Construction, Operation and Reciprocal Easement Agreement between Vallco
International Shopping Center, LLC, a California limited liability company; Macy's Development Stores, Inc., an
Ohio corporation; Sears, Roebuck and Company, a New York corporation and J.C. Penney Properties, Inc., a
Delaware corporation, dated July 14, 2006 and recorded August 25, 2006 as Instrument No. 18968269 of
Official Records, (said Construction, Operation and Reciprocal Easement Agreement, as amended, said
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
EXHIBIT "A" (continued) Title No. 07-98005612-JN
Locate No. CACTI7743-7743-2980-0098005612
Agreements as Amended and said Original Agreement and Consent and Approval, as amended are hereinafter
referred to collectively as "Construction, Operation and Reciprocal Easement Agreement", in, on, over, upon
and under certain adjoining real property therein, more particularly described, together with all of the rights,
powers and privileges and benefits under said Construction, Operation and Reciprocal Easement Agreement,
accruing to Vallco Fashion Park Venture, Vallco Park, Ltd., and Vallco Center, Inc., their successors, legal
representatives and assigns.
Excepting therefrom said rights, powers, privileges and benefits which are not real property or interest in real
property.
Parcel XVI:
An easement to construct, maintain, use and operate an automobile parking structure for automobile and
other vehicle parking, and rights of access, ingress and egress for automobiles and other vehicles and for
pedestrians and for utilities, landscaping and incidental uses on the following described land:
All that certain parcel of land, being a portion of Parcel IA of the sublease between Vallco Fashion Park
Venture and Federated Department Stores, Inc., Recorded March 7, 1975 in Book B308 at Page 565 through
571, Santa Clara County Records, State of California and more particularly described as follows:
Beginning at the Southeast corner of Tract 2086 as shown on that certain Map Recorded in Book 112 of Maps,
at Pages 40 and 41, Santa Clara County Records; (1) thence Northwesterly along the Easterly line of said Tract
North 0 deg. 43' West 742.60 feet to a point, said point being the southwest corner of the aforementioned
Parcel IA; (2) thence Northeasterly leaving said Easterly line of said Tract, along the Southerly boundary of the
aforementioned Parcel IA North 88 deg. 54' 46" East 69.00 feet to the True Point of Beginning; (3) thence
continuing along said Southerly line of Parcel IA South 88 deg. 54' 46" East 230.55 feet; (4) thence North 1
deg. 05' 14" West 83.48 feet; (5) thence North 28 deg. 54' 46" East 12.77 feet; (6) thence Southwesterly,
leaving the boundary line of the aforementioned Parcel IA, South 88 deg. 54' 46" West 263.31 feet; (7) thence
South 0 deg. 42' 30" East 94.54 feet to the Point of Beginning.
APN: 316-20-089, 096, 097 and 098
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
Title No. 07-98005612-JN
Locate No. CAM 7743 -7743-2980-0098005612
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1.
2.
3
Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2007-2008, Assessor's Parcel Number 316-20-089.
Code Area Number: 13-292
1st Installment: $117,943.91 Due and Payable
2nd Installment: $117,943.91 Payable, but not yet due
Land: $1, 314,944.00
Improvements: $9,004,729.00
Exemption: None Shown
Personal Property: $0.00
Affects: Parcel 1-A
Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2007-2008, Assessor's Parcel Number 316-20-096.
Code Area Number:
1st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
Personal Property:
Affects:
13-292
$114,396.30 Due and Payable
$114,396.30 Payable, but not yet due
$10,842,637.00
$9,275,155.00
None Shown
$0.00
A portion of Parcel 1-C(1)
Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2007-2008, Assessor's Parcel Number 316-20-097.
Code Area Number:
1st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
Personal Property:
Affects:
13-292
$17,171.50 Due and Payable
$17,171.50 Payable, but not yet due
$1,416,135.00
$1,599,908.00
None Shown
$0.00
A portion of Parcel 1-C(1)
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-JN
Locate No. CACTI 7743 -7743-2 980-00980 05 612
4. Property taxes, including any personal property taxes and any assessments collected with taxes, for
the fiscal year 2007-2008, Assessor's Parcel Number 316-20-098.
5.
9
7.
8.
r7
Code Area Number: 13-292
1st Installment: $18,816.14 Due and Payable
2nd Installment: $18,816.14 Payable, but not yet due
Land: $1,783,683.00
Improvements: $291,873.00
Exemption: None Shown
Personal Property: $0.00
Affects: A portion of Parcel 1-C(1)
The herein described property lies within the boundaries of a Mello -Roos Community Facilities
District ("CFD"), as follows:
CFD No.: 2005-1
For: Santa Clara County Library District
Disclosed By: Notice of Special Tax Lien
Recorded: June 24, 2005, Instrument No. 18438576, of Official Records
This property, along with all other parcels in the CFD, is liable for an annual special tax. This special
tax is included with and payable with the general property taxes of the County of Santa Clara. The
tax may not be prepaid.
The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of California.
The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the document,
Recorded: February 1, 1963, Book 5889, Page 328, of Official Records
Affects: Access to the Junipero Serra.Freeway
The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the document,
Recorded: October 17, 1963, Book 6236, Page 8, of Official Records
Affects: Access to the Junipero Serra Freeway
The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the document,
Recorded: January 30, 1964, Book 6367, Page 137, of Official Records
Affects: Access to the Junipero Serra Freeway
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-IN
Locate No. CACTI 7743-7743-2980-0098005612
10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: City of Cupertino
Purpose: Public Utilities
Recorded: December 10, 1964, Book 6774, Page 471, of Official Records
Affects: Parcel V-D and other property
11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: City of Cupertino
Purpose: Public Utilities
Recorded: December 7, 1966, Book 7582, Page 612, of Official Records
Affects: Strip of land 12 feet wide located on Parcel V-D and other property
12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: City of Cupertino
Purpose: Public Utilities
Recorded: December 7, 1966, Book 7582, Page 613, of Official Records
Affects: Strip of land located on portion of Parcels I -A, I-C(1), V-A and V-D
A portion of said easement was vacated by a Resolution No. 3888, by the City of Cupertino, recorded
April 11, 1975 in Book B358 Page 172, Official Records.
13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Pacific Gas and Electric Company, a California corporation
Purpose: Underground and aboveground facilities and appurtenances thereto
Recorded: March 1, 1973, Book 0259, Page 406, of Official Records
Affects: A strip of land 10 feet wide located on Parcel V-D and other property
14. Matters contained in that certain document entitled "Agreement" dated October 8, 1974, executed
by and between City of Cupertino and Vallco Park Ltd., A California Limited Partnership recorded
October 17, 1974, Book B135, Page 370, of Official Records, which document, among other things,
contains or provides for: Perpetual and exclusive easements as described in said instrument.
Reference is hereby made to said document for full particulars.
9
CLTA Preliminary Report Form -Modified (11/17/06)
Exhibit B
ITEMS: (continued)
Title No. 07-98005612-JN
Locate No. CACTI 7743-7743-2980-0098005612
Supplement to Agreement, dated August 5, 1975 and executed by the parties shown above, recorded
August 20, 1975 in Book B571 Page 724, Official Records,
Second Amendment to Agreement, dated March 1, 1976 and executed by the parties shown above,
recorded September 14, 1976 in Book C280 Page 236, Official Records.
Third Amendment to Agreement, dated October 7, 1991 and executed by the parties shown above,
recorded July 24, 1992 in Book M297 Page 1860, Official Records.
An Assignment and Assumption of Development Agreement and Easement
Executed By: Westland Properties Inc., a Delaware corporation, and Westland Shopping
Center L.P., a California Limited Partnership
In favor of: Vallco L.L.C., a Delaware limited liability company and Vallco Land
L.L.C., a Delaware limited liability company
Recorded: April 27, 1995 in Book N833 at Page 516 Official Records
Those air rights easements contained in the instrument above mentioned were vacated by Resolution
No. 06-051, executed by the City of Cupertino and recorded on June 8, 2006 as Instrument No.
18967314 of Official Records.
Said Matter Affects: Parcel B of Parcel Map (804/22) and other property.
15. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as
disclosed by the document
Entitled: Attornment Agreement
Lessor: Vallco Park, LTD., a California limited partnership
Lessee: Vallco Fashion Park Venture, a California partnership
Recorded: March 7, 1975, Instrument No. 4960090, Book B308, Page 572, of Official
Records
Affects: Parcels I-C(1), I -A and other property.
16. An unrecorded sublease with certain terms, covenants, conditions and provisions setforth therein
as disclosed by the document
Entitled: Memorandum of Sub -Lease
Sublessor: Vallco Fashion Park Venture, a California Partnership
Sublessee: Federated Department Stores, Inc., a Delaware Corporation
Recorded: March 7, 1975, Book B308, Page 565, of Official Records
Affects: Parcel 1-A and other property
10
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued)
Title No. 07-98005612-3N
Locate No.CACT17743-7743-2980-0098005612
Second Amendment to Ground Sublease and to Memorandum of Sublease
Executed By: Vallco Fashion Park Venture, A Partnership and Federated
Department Stores, Inc.
Dated: February 19, 1975
Recorded: September 14, 1976 in Book C280 at Page 264 Official Records
Assignment and Assumption Agreement
Executed By: Federated Department Stores, Inc., a California Corporation
To: Carter Hawley Hale Stores, Inc., a California Corporation
Dated: February 15, 1984
Recorded: February 16, 1984 in Book I309 at Page 741 Official Records
Assignment of Lease
Executed by: Carter Hawley Hale Stores, Inc., a California Corporation
To: Carter Hawley Hale Stores, Inc., a Delaware corporation
Dated: July 26, 1984
Recorded: September 4, 1984 in Book I850 at Page 4 Official Records
Amendment to Ground Sublease
Executed By: Carter Hawley Hale Stores, Inc. and Vallco Fashion Park Venture, A California
Partnership
Dated: February 22, 1985
Recorded: March 1, 1985 in Book 1283 at Page 149 Official Records
Attornment Amendment
Executed By: Westland Properties, Inc., a Delaware Corporation and Carter Hawley
Hale Stores, Inc., a Delaware Corporation
Dated: August 26, 1987
Recorded: August 28, 1987 in Book K276 at Page 839 Official Records
Assignment of the lessee's interest under said lease,
Assignor: Broadway Stores, Inc., a Delaware Corporation (formerly named Carter
Hawley Hale Stores, Inc.), successor by various mesne mergers to Carter
Hawley Hale Stores, Inc., a California Corporation, Broadway -Hale Stores,
Inc., The Emporium Capwell Company and Broadway Department Stores,
Inc.
Assignee: Federated Western Properties, Inc., an Ohio corporation
Recorded: February 19, 1999, Instrument No. 14661411, of Official Records
11
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued)
Title No. 07-98005612-JN
Locate No.CACT17743-7743-2980-0098005612
17. Rights of all parties to the following agreements, other that Vallco Fashion Park Venture, Vallco Park,
Ltd. and Vallco Center, Inc. and their respective successors and assigns under Construction Operation
and Reciprocal Easement Agreement (1) Second Amendment to a Restatement of Construction,
Operation and Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated
Department Stores, Inc., Sears, Roebuck and Co., and J. C. Penney Properties, Inc., dated as to the
1st Day of December, 1975 recorded September 14, 1976, Book C280 Official Records, Page 296 in
said Official Records as amended by Third Amendment to Reciprocal Easement Agreement dated
September 14, 1976 recorded June 24, 1977 File No. 5698586; (2) the unrecorded Agreement dated
as of the 19th Day of February, 1975, between Vallco Fashion Park Venture and Sears, Roebuck and
Co., the unrecorded Agreement of the same dated between Vallco Fashion Park Venture and
Federated Department Stores, Inc., and the unrecorded Agreement dated as of March 1, 1976
between Vallco Fashion Park Venture and J.C. Penney Properties, Inc., and (3) the Undated
Agreement and Consent and Approval executed by Vallco Park, Ltd., Vallco Fashion Park Venture,
Federated Department Stores, Inc. and Sears, Roebuck and Co. recorded in the aforesaid Official
Records in Book B309, Page 001 as amended by a First Amendment to Agreement and Consent and
Approval dated August 1, 1975, by and among the same parties recorded in the aforesaid Official
Records in Book B591, Page 445 as further amended by another Agreement and Consent and
Approval dated as of December 1, 1975, by and among Vallco Center, Inc., Vallco Park Ltd., Federated
Department Stores, Inc., Sears, Roebuck and Co. and J. C. Penney Properties, Inc., recorded
September 14, 1976 Book C280 Official Records, Page 484, as amended by Agreement and Consent
and Approval dated September 14, 1976 recorded June 24, 1977 in Book C946 Page 001 and as
amended by (4) Fourth Agreement to Construction, Operation and Reciprocal Easement Agreement
between Vallco Fashion Park Venture, Federated Department Stores, Inc., Sears, Roebuck and Co.,
and J. C. Penney Properties, dated May 1, 1979, recorded October 15, 1980 In Book F656 Official
Records, Page 203, and as amended by (5) Fifth Amendment to Construction, Operation and
Reciprocal Easement Agreement between Vallco Fashion Park Venture, Federated Department Stores,
Inc., Sears Roebuck and Co., and J. C. Penney Properties, dated February 16, 1984 in Book I310 of
Official Records, Page 001; an Assignment and Assumption thereto, by and among Westland Shopping
Center L.P., and Vallco L.L.C., recorded April 27, 1995 in Book N833, page 0492 of Official Records.
ASSIGNMENT AND ASSUMPTION OF REA
Executed by: Teachers Insurance and Annuity Association of America, a New York Corporation and
Vallco International Shopping Center, LLC, A California Limited Liability Company, The E&H Fifth Family
L.P., A California Limited Partnership, Sun Valley Property, LLC, A California Limited Liability Company,
Dung Pham, an individual, and East Gate Properties, LLC, A California Limited Liability Company
Recorded: June 12, 2003 as Instrument No. 17106188 of Official Records.
The interest of The E&H Fifth Family L.P., East Gate Properties, LLC, and Sun Valley Property, LLC
were transferred to Vallco International Shopping Center, LLC by Grant Deed dated August 27, 2004
and recorded April 19, 2005 with the Santa Clara County Recorder, as Document No. 18331566,
And as amended by (6) Sixth Amendment to Construction, Operation and Reciprocal Easement
Agreement between Vallco International Shopping Center, LLC, a California limited liability company;
Macy's Development Stores, Inc., an Ohio corporation; Sears, Roebuck and Company, a New York
corporation and J.C. Penney Properties, Inc., a Delaware corporation, Dated July 14, 2006 and
Recorded August 25, 2006 as Instrument No. 19079269 Official Records.
12
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-JN
Locate No. CACTI7743-7743-2980-0098005612
18. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: California Water Service Company
Purpose: 20' wide water line easement
Recorded: March 13, 1975, Book B316, Page 711, of Official Records
Affects: Portion of ParcelsI-A and I-C(1)
A portion of said easement has been abandoned by that certain Abandonment of Easement
Executed By: California Water Service Company
Recorded: February 23, 2006 as Instrument No. 18817583 of Official Records
Affects: As follows:
Being all that real and certain property situated in the City of Cupertino, County of Santa Clara, State
of California, being within that certain Parcel of Land described as Parcel One in the Deed recorded in
Book 7898 of Official Records at Page 248, Santa Clara County Records, being more particularly
described as follows:
Beginning at the true point of beginning of described centerline of easement described in that certain
Deed to California Water Service Company recorded March 21, 1975 in Book B328 of Official Records
at Page 575, Santa Clara County Records;
Thence along said centerline South 880 54' 46" West 207.00 feet;
Thence continuing along said centerline North 010 05' 14" West 165.00 feet;
Thence leaving said described centerline along the Northerly prolongation of last described course
North 011 05' 14" West 13.94 feet to a point lying 10.00 feet Northwesterly of and parallel with the
course in said Deed described as "North 441 45' 46" East 151.33 feet".
Thence along a line lying 10.00' Northwesterly of and parallel with last described course, North 44145'
46" East 13.94 feet to a point lying 10.00 feet Easterly of and parallel with the Northerly prolongation
of said course described as "North 010 05' 14" West 165.00 feet in said, Deed, said point being the
true point of beginning of this description; said point lying on the Easterly line of the 20.00 foot wide
strip of land granted to California Water Service Company per that certain Deed recorded March 13,
1975, in Book B316 of Official Records at Page 711, Santa Clara County Records.
Thence along said Easterly line of 20.00 wide strip North 010 05' 14" West 190.44' to its terminus at
the Southwesterly line of Interstate No. 280 Freeway;
Thence along said Southwesterly line of Interstate No. 280 Freeway North 430 17' 47" West 29.77 feet
to the Northerly terminus of said Westerly line of said 20.00 foot wide strip.
Thence along the said Westerly line of said 20.00 foot wide strip South 010 05' 14" East 231.91 feet to
a point lying 10.00 feet Northwesterly of a parallel with said course described as "North 440 45' 46"
East 151.33 feet" per said Deed recorded in Book B328 of Official Records at Page 575.
thence along a line lying 10.00 feet Northwesterly of and parallel with described courst North 440 45'
46" East 27.87 feet to the true point of beginning:
Described lands containing 4,223 square feet, more or less
13
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-3N
Locate No. CACTI 7743-7743-2980-0098005612
19. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: California Water Service Company
Purpose: 20' wide water line easement
Recorded: March 21, 1975, Book B328, Page 575, of Official Records
Affects: Parcels I -A and I-C(1)
20. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: California Water Service Company
Purpose: 20' wide water line easement
Recorded: April 30, 1975, Book 8385, Page 582, of Official Records
Affects: Parcels I -A and I-C(1)
By Quitclaim Deed recorded January 15, 1986 in Book J576, Page 518 of Official Records, a portion of
the above easement has been eliminated.
A portion of said easement has been abandoned by that certain Abandonment of Easement
Executed By: California Water Service Company
Recorded: February 23, 2006 as Instrument No. 18817587 of Official Records
Affects: As follows:
14
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued)
21.
22
23.
Title No. 07-98005612-IN
Locate No. CACTI 7743 -7743-2980-009 80 05 612
Being all that real and certain property situated in the City of Cupertino, County of Santa Clara, State
of California, being within that certain Parcel of Land described as Parcel One in the Deed recorded in
Book 7898 of Official Records at Page 248, Santa Clara County Records, being more particularly
described as follows:
Beginning at an angle point in the centerline of the easement described in that certain Deed to
California Water Service Company recorded April 30, 1975 in Book B385 of Official Records at Page
582, Santa Clara County Records; said point being the Northerly terminus of the course described as
"North 00' 23' 05" West, 403.95 feet" and being the Westerly beginning of the course described as
"North 89' 46' 40" East 268.51 feet" in said Deed;
Thence along the Northerly prolongation of first described course North 000 23' 05" West 10.00 feet to
a point lying 10.00 feet Northerly of and parallel with said course described as "North 890 46' 40" East
268.51 feet" in said Deed:
Thence along a line lying 10.00 feet Northerly of and parallel with last described course North 890 46'
40" East 42.11 feet to the true point of beginning
Thence continuing along said line North 890 46' 40" East 191.14 feet;
Thence South 530 34' 20" West 18.72 feet;
Thence North 36' 25' 40" West 11.29 feet;
Thence South 880 54' 44" West 164.81 feet;
Thence North 460 05' 16" West 6.37 feet to the true point of beginning;
Described lands containing 663 square feet, more or less
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: California Water Service Company
Purpose: 20' wide water line easement
Recorded: June 2, 1975, Book B440, Page 668, of Official Records
Affects: Parcel XI
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Pacific Gas and Electric Company
Purpose: Underground and aboveground utility easement
Recorded: June 11, 1975, Book B456, Page 557, of Official Records
Affects: Parcel XI
Matters contained in that certain document entitled "Agreement" dated June 2, 1975, executed by
and between City of Cupertino and Vallco Park, Ltd., A Limited Partnership recorded June 26, 1975,
Book B484, Page 142, of Official Records.
Reference is hereby made to said document for full particulars.
15
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued)
Affects:
Parcel V-D and Parcel XIX
Agreement for Re -Acquisition of Rights
Title No. 07-98005612-IN
Locate No. CACTI 7743 -7743 -2980-009 8005 6 12
Executed By: City of Cupertino and Vallco Park, Ltd., A Limited Partnership
Dated: August 13, 1975
Recorded: August 29, 1975 in Book B591 at Page 393 Official Records
Agreement for Quitclaim and Release of Rights, Title and Interest
Executed By: City of Cupertino and Vallco Park, Ltd., A Limited Partnership
Recorded: December 9, 1976 in Book C464 at Page 469 Official Records
24. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Cupertino Sanitary District of Santa Clara County
Purpose: Pipe line easement and appurtenances thereto
Recorded: July 17, 1975, Book B509, Page 199, of Official Records
Affects: Portion of Parcels I -A, I-C(1) and XI
Encroachment rights over said easement were granted to Vallco Park, Ltd., and T.G.I. Fridays, Inc.,
by an indenture recorded September 26, 1977 in Book D164, Page 6.
25. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: The Pacific Telephone and Telegraph Company
Purpose: A 25' wide and a 10' wide underground and aboveground facilities and
appurtenances thereto
Recorded: July 25, 1975, Book B521, Page 653, of Official Records
Affects: Parcels I -A and I-C(1)
26. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: City of Cupertino
Purpose: Roadway purposes and all public utilities
Recorded: July 29, 1975, Book B526, Page 74, of Official Records
Affects: Parcel I-C(1) and other property
27. Rights of access to or from the street, highway, or freeway abutting said land, such rights having been
relinquished by Corporation Grant Deed
Affects: Access to Wolfe Road along the Westerly boundary of Parcel V-D
Recorded: October 15, 1976 in Book C348 at Page 714 of Official Records
16
CLTA preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-JN
Locate No. CACTI7743-7743-2980-0098005612
28. Rights of access to or from the street, highway, or freeway abutting said land, such rights having been
relinquished by Corporation Grant Deeds
Affects: Access to Wolfe Road along the Easterly boundary of Parcel V-D
Recorded: October 15, 1976 in Book C348 at Page 723 of Official Records
and recorded: December 14, 1976, Book C473, Page 611, of Official Records
29. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as
disclosed by the document
Entitled: Memorandum of Lease
Lessor: Vallco Fashion Park Venture
Lessee: T G I Friday's, Inc.
Recorded: March 2, 1978, Book D500, Page 145, of Official Records
Affects: A portion of Parcel I-C(1)
30. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a Right of
Way for Pipeline
Granted to: California Water Service Company
Purpose: Pipe line
Recorded: November 15, 1984 in Book J038 at Page 739 of Official Records
Affects: Parcel I -A and Parcel I-C(1)
31. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a Right of
Way for Pipeline
Granted to: California Water Service Company
Purpose: Pipeline
Recorded: November 15, 1984 in Book J038 at Page 743 of Official Records
Affects: A portion of parcel I -A and Parcel I-C(1)
32. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: California Water Service Company, a California Corporation
Purpose: Right of way for 20' wide water line
Recorded: July 27, 1987, Book K238, Page 1237, of Official Records
Affects: Parcels I -A and I-C(1)
17
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-JN
Locate No. CACTI 7743-7743-2980-0098005612
33. Easement(s) for the purposes(s) shown below and rights incidental thereto as granted in a Right of
Way for Pipeline
Granted to:: California Water Service Company, a California Corporation
Purpose: The transportation, distribution, sale and/or supply of water
Recorded: December 7, 1987 in Book K381 at Page 1282 of Official Records
Affects: A Portion of Parcel I-C(1) and Parcel I -A
34. Matters contained in that certain document entitled "Development Agreement" dated August 15,
1991, executed by and between Westland Properties, Inc., a Delaware Corporation and Westland
Shopping Center, L.P., A California Limited Partnership and the City of Cupertino, A Municipal
Corporation recorded July 24, 1992, Book M297, Page 1979, of Official Records.
Reference is hereby made to said document for full particulars.
An Assignment of Assignment and Assumption of Development Agreement and Easement Agreement
By: Westland Properties Inc., a Delaware corporation, and Westland Shopping Center L.P., a California
Limited Partnership
In favor of: Vallco L.L.C., a Delaware limited liability company and Vallco Land L.L.C., a Delaware
limited liability company
Recorded: April 27, 1995 in Book N833 at Page 516 Official Records
Fourth Amendment to Development Agreement by and between the City of Cupertino and Vallco
International Shopping Center, LLC (Successors -in -Interest)
Recorded: February 9, 2006 as Instrument No. 18802177 of Official Records
Fifth Amendment to Development Agreement by and between the City of Cupertino and Vallco
International Shopping Center, LLC (Successors -in -Interest)
Recorded February 9, 2006 as Instrument No. 18802176 of Official Records
Sixth Amendment to Development Agreement by and between the City of Cupertino and Vallco
International Shopping Center, LLC (Successor -in -Interest), recorded January 19, 2006 as Instrument
No. 18774347 of Official Records of Santa Clara County.
35. The rights of the following tenant, as tenant only, under an unrecorded lease, subject to its terms and
conditions, as disclosed by that certain Memorandum of Lease recorded November 24, 1992 in Book
M506 Page 1520 of Official Records, which lease does not contain any options or rights of first refusal
to purchase the land, or any part thereof:
Lessor: Westland Shopping Center L.P.
Lessee: Ross Stores, Inc., a Delaware corporation
Among other things said lease provides for: three (3) additional periods of five (5) years each.
18
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued)
Title No. 07-98005612-JN
Locate No. CACTI7743-7743-2980-0098005612
36. The rights of the following tenant, as tenant only, under an unrecorded lease, subject to its terms and
conditions, as disclosed by that certain Memorandum of Lease recorded July 6, 2005 as Instrument
No, 18454076 of Official Records, which lease does not contain any options or rights of first refusal to
purchase the land, or any part thereof:
Lessor: Vallco International Shopping Center, LLC, a California
limited liability company
Lessee: American Multi -Cinema, Inc., a Missouri corporation
37. Any facts, rights, interests, or claims which may exist or arise by reason of the following facts
disclosed by survey, Job No. UNCB0001, dated May 3, 2006, and last revised August 21, 2006
prepared by David Evans and Associates Inc.:
(A) the fact that a sound wall meanders over the property line on the Southwesterly portion of Parcel
I -A
(B) any facts or matters which would be shown on an as -built survey pertains to those areas depicted
as "under construction" on the above referenced survey.
38. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations
secured thereby
Amount:
$195,000,000.00
Dated:
As of August 24, 2006
Trustor:
Cupertino Square, LLC, a Delaware limited liability company
Trustee:
Chicago Title Insurance Company
Beneficiary:
United Commercial Bank, as Agent for the benefit of the Lenders
Loan No.:
None Shown
Recorded:
August 25, 2006, Instrument No. 19079274, of Official Records
Affects: The herein described land and other land.
An assignment of the beneficial interest under said deed of trust which names:
Assignee: Gramercy Warehouse Funding I LLC, a Delaware limited liability company
Loan No.: None Shown
Recorded: September 6, 2007, Instrument No. 19576903, of Official Records
39. An assignment of all moneys due, or to become due as rental or otherwise from said land, to secure
payment of an indebtedness, shown below and upon the terms and conditions therein
Amount: $195,000,000.00
Assigned to: United Commercial Bank
By:
Recorded: August 25, 2006, Instrument No. 19079275, of Official Records
19
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-IN
Locate No. CACTI 7743 -7743 -29 80 -00980 05 612
Assignment of Assignment of Leases and Rents
Assignor: United Commercial Bank
Assignee: Gramercy Warehouse Funding I LLC, a Delaware Limited Liability Company
Recorded: September 6, 2007 as Instrument No. 19576904 of Official Records
40. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as
disclosed by the document
Entitled: Memorandum of Lease
Lessor: Vallco International Shopping Center ILC
Lessee: Strike Cupertino VFP, LLC with offices at c/o Strike Holdings LLC
Recorded: March 5, 2007, Instrument No. 19326798, of Official Records
41. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: California Water Service Company, a California public utility water
corporation
Purpose: For the conveyance, distribution and/or storage of water, and the
installation, operation, inspection, maintenance, repair, relocation,
replacement and removal of such pipes, conduits, emters, valves, fittings,
boxes, vaults, hydrants, pipeline markers, and other facilities
Recorded: May 18, 2007, Instrument No. 19436776, of Official Records
Affects: As follows:
20
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued)
Title No. 07-98005612-JN
Locate No. CACTI 7743-7743-2980-0098005612
AN EASEMENT OVER REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, LYING WIThIN PARCEL I -A PER THAT CERTAIN GRANT DEED TO
VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED APRIL 19, 2005 IN DOCUMENT NO.
18331566 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE FOUND STANDARD CITY MONUMENT SHOWN ATTHE NORTHERLY TERMINUS
OF THE COURSE OF THE MONUMENTATION LINE OF WOLFE ROAD DESCRIBED AS "NORTH 10 05'
14" WEST, 989.48 FEET" PER THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT
PAGE 12, SANTA CLARA COUNTY RECORDS;
THENCE NORTH 00 04' 37" EAST A DISTANCE OF 226.52 FEET;
THENCE LEAVING SAID MONUMENT LINE AT RIGHT ANGLES THERETO NORTH 890 55' 23" WEST A
DISTANCE OF 215.22 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING COURSES AND DISTANCES:
NORTH 450 14' 14" WEST, 39.12 FEET;
SOUTH 890 45' 46" WEST, 266.28 FEET;
SOUTH 440 4546" WEST, 98.78 FEET;
SOUTH 000 14' 14" EAST, 42.42 FEET;
NORTH 890 4546" EAST, 20.00 FEET;
NORTH 000 14' 14" WEST, 37.14 FEET:
NORTH 44° 4546" EAST, 82.21 FEET;
NORTH 89045' 46" EAST, 249.72 FEET;
SOUTH 45014'14" EAST, 30.83 FEET;
THENCE NORTH 440 45' 46" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 8,495 SQUARE FEET OR 0.195 ACRES MORE OR LESS.
Affects: Parcel 1A and other property
42. Any easements not disclosed by those public records which impart constructive notice as to matters
affecting title to real property and which are not visible and apparent from an inspection of the
surface of said land.
21
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
ITEMS: (continued) Title No. 07-98005612-IN
Locate No. CACTI 7743-7743-29SO- 0098005612
43. Any facts, rights, interests or claims which a correct survey would disclose and which are not
disclosed by the public records.
44. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not
disclosed by the public record.
This Company will require, for review, a full and complete copy of any unrecorded agreement,
contract, license and/or lease, together with all supplements, assignments and amendments thereto,
before issuing any policy of title insurance without excepting this item from coverage. The Company
reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
END OF ITEMS
Note 1. Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal
description other than an entire lot in a recorded final map. If there are any questions, please
call your escrow officer or title officer.
22
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
NOTES: (continued) Title No. 07-98005612-JN
Locate No. CACTI 7743-7743-2980-0098005612
Note 2. If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has
been requested, the policy, when approved for issuance, will be endorsed to add the following to
the Exclusions From Coverage contained therein:
Loan Policy Exclusion:
Any claim, which arises out of the transaction creating the interest of the mortgage insured by
this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a 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 except 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 a purchaser for value or a judgment or lien creditor.
Owners Policy Exclusion:
Any claim, which arises out of the transaction vesting in the insured, the estate or interest
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 estate or interest by this policy being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a
preferential transfer except 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 a purchaser for value or a judgment or lien creditor.
Note 3. The only deeds affecting said land, which recorded within twenty-four (24) months of the date of
this report, as are follows:
Grantor: Vallco International Shopping Center, LLC, a California Limited Liability
Company
Grantee: Cupertino Square, LLC, a Delaware limited liability company
Recorded: August 25, 2006, Instrument No. 19079273, of Official Records
23
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
NOTES: (continued)
Title No. 07-98005612-3N
Locate No.CACT17743-7743-2980-0098005612
Note 4. If a county recorder, title insurance company, escrow company, real estate broker, real estate
agent or association provides a copy of a declaration, governing document or deed to any
person, California law requires that the document provided shall include a statement regarding
any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be
stamped on the first page of any document provided or included as a cover page attached to
the requested document. Should a party to this transaction request a copy of any document
reported herein that fits this category, the statement is to be included in the manner described.
Note S. Please contact Escrow Office for Wire Instructions.
Note 6. Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an
authorized employee of the insured lender, or by using Bancsery or other approved third -parry
service. If the above requirements cannot be met, please call the company at the number
provided in this report.
END OF NOTES
24
CLTA Preliminary Report Form - Modified (11/17/06)
Exhibit B
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EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL 1-A(2)
CUPERTINO SQUARE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, LYING WITHIN ADJUSTED PARCEL I -A PER THAT CERTAIN LOT LINE ADJUSTMENT FOR
VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED NOVEMBER 18, 2005 IN DOCUMENT NO.
18684096 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE FOUND STANDARD CITY MONUMENT SHOWN AT THE NORTHERLY TERMINUS OF THE
COURSE OF THE MONUMENTATION LINE OF WOLFE ROAD DESCRIBED AS "NORTH 1005,14" WEST, 989.48
FEET" PER THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA
COUNTY RECORDS;
THENCE NORTH 0004'37" EAST DISTANCE OF 125.18 FEET;
THENCE LEAVING SAID MONUMENT LINE AT RIGHT ANGLES THERETO NORTH 89055'23" WESTA DISTANCE
OF 82.14 FEET TO THE NORTHEAST CORNER OF ADJUSTED PARCEL 1-C(1) AS DESCRIBED IN SAID LOT
LINE ADJUSTMENT;
THENCE ALONG THE NORTH BOUNDARY OF SAID PARCEL 1-C(1) ALONG A CURVE TO THE RIGHT, HAVING
A RADIAL BEARING OF NORTH 01 °45'45" EAST, A RADIUS OF 1368.73 FEET, AN ARC LENGTH OF 128.01
FEET AND AN DELTA ANGLE OF 5021'31 ";
THENCE CONTINUING ALONG THE NORTH BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE FOLLOWING
COURSES AND DISTANCES:
NORTH 82052'44"WEST, 76.01 FEET;
NORTH 01 008'33"WEST, 44.47 FEET;
THENCE ALONG THE NORTH BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), NORTH 88054'46" EAST A
DISTANCE OF 23.42 FEET;
THENCE ALONG A WEST BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH 01005'14" EAST A
DISTANCE OF 353.92 FEET TO THE POINT OF BEGINNING;
THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE WEST BOUNDARY OF SAID ADJUSTED
PARCEL 1-C(1), SOUTH 0100614" EAST A DISTANCE OF 24.08 FEET;
THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE
FOLLOWING COURSES AND DISTANCES:
NORTH 88054'46" EAST, 16.22 FEET;
SOUTH 4600514" EAST, 106.07 FEET;
SOUTH 01 °05' 14" EAST, 215.11 FEET;
SOUTH 88054'46" WEST, 29.29 FEET;
SOUTH 43054'46" WEST, 150.58 FEET;
SOUTH 01005'14" EAST, 29.43 FEET;
SOUTH 88054'46" WEST, 115.55 FEET;
NORTH 0100514" WEST, 23.23 FEET;
SOUTH 88054'46" WEST, 86.48 FEET;
SHEET 1 OF 4
Admindata/Legal/205176 Parcel 1 -A(2). doc
SOUTH 28054'46" WEST, 95.50 FEET;
SOUTH 01005' 14" EAST, 83.48 FEET;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH 88054'46"
WEST A DISTANCE OF 299.55 FEET TO THE EAST BOUNDARY LINE OF TRACT NO 2086 RECORDED ON
SEPTEMBER 30, 1959 IN BOOK 112 OF MAPS PAGES 40 AND 41;
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT NO 2086, NORTH 00042'30" WEST A DISTANCE OF
157.45 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF AMHERST DRIVE SHOWN ON SAID TRACT NO
2086;
THENCE ALONG THE SOUTH LINE OF SAID TRACT NO 2086, NORTH 89013'29" EAST A DISTANCE OF
299.01 FEET TO THE SOUTHEAST CORNER OF SAID AMHERST DRIVE, SAID SOUTH LINE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID AMHERST DRIVE;
THENCE ALONG THE EAST LINE OF SAID TRACT NO 2086, NORTH 00004'30"WEST A DISTANCE OF
437.31 FEET;
THENCE NORTH 88054'46" EAST, A DISTANCE OF 286.10 FEET TO THE POINT OF BEGINNING
CONTAINING AN AREA OF 199,529 SQUARE FEET OR 4.58 ACRES MORE OR LESS.
MARCH 25, 2008
SHEET 2 OF 4
7
a(. . 1 L1311 L'9
Q-
TgTF OF
Admindata/Legal/205176 Parcel 1 -A(2).doc
EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL 1-C1(2)
CUPERTINO SQUARE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, LYING WITHIN ADJUSTED PARCEL I-C(1) AND ADJUSTED PARCEL 1-A PER THAT CERTAIN
LOT LINE ADJUSTMENT FOR VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED NOVEMBER
18, 2005 IN DOCUMENT NO. 18684096 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE FOUND STANDARD CITY MONUMENT SHOWN AT THE NORTHERLY TERMINUS OF THE
COURSE OF THE MONUMENTATION LINE OF WOLFE ROAD DESCRIBED AS "NORTH 1005' 14" WEST, 989.48
FEET" PER THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA
COUNTY RECORDS;
THENCE NORTH 0004'37" EAST A DISTANCE OF 125.18 FEET;
THENCE LEAVING SAID MONUMENT LINE AT RIGHT ANGLES THERETO NORTH 89055,23" WEST A DISTANCE
OF 82.14 FEET TO THE NORTHEAST CORNER OF ADJUSTED PARCEL 1-C(1) AS DESCRIBED IN SAID LOT
LINE ADJUSTMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE NORTH BOUNDARY OF SAID PARCEL 1-C(1)
ALONG A CURVE TO THE RIGHT, HAVING A RADIAL BEARING OF NORTH 01 °45'45" EAST, A RADIUS OF
1368.73 FEET, AN INTERIOR ANGLE OF 5021'31 ", AND A CURVE LENGTH OF 128.01 FEET;
THENCE CONTINUING ALONG THE NORTH BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE FOLLOWING
COURSES AND DISTANCES:
NORTH 82°52'44"WEST, 76.01 FEET;
NORTH 01 008'33"WEST, 53.51 FEET;
THENCE ALONG THE NORTH BOUNDARY OF ADJUSTED PARCEL 1-A DESCRIBED IN SAID LOT LINE
ADJUSTMENT, SOUTH 88-51'27" WEST A DISTANCE OF 303.10 FEET TO THE EAST BOUNDARY OF TRACT
NO 2086 RECORDED ON SEPTEMBER 30, 1959 IN BOOK 112 OF MAPS PAGES 40 AND 41;
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT NO 2086, SOUTH 00°04'30" EAST A DISTANCE OF
362.72 FEET;
THENCE NORTH 88054'46" EAST A DISTANCE OF 286.10 FEET TO THE WEST BOUNDARY OF SAID
ADJUSTED PARCEL 1-C(1);
THENCE CONTINUING ALONG THE WEST BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH
01 °05' 14" EAST A DISTANCE OF 24.08 FEET;
THENCE CONTINUING ALONG THE WEST BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE FOLLOWING
COURSES AND DISTANCES:
NORTH 88054'46" EAST, 16.22 FEET;
SOUTH 46005'14" EAST, 106.07 FEET;
SOUTH 01005'14" EAST, 215.11 FEET;
SOUTH 88054'46" WEST, 29.29 FEET;
SOUTH 43054'46" WEST, 150.58 FEET;
SOUTH 0100514" EAST, 29.43 FEET;
SHEET 3 OF 4
Admindata/Legal/205176 Parcel1-Cl (2).doc
SOUTH 88054'46" WEST, 115.55 FEET;
NORTH 01005'14" WEST, 23.23 FEET;
SOUTH 88054'46" WEST, 86.48 FEET;
SOUTH 28054'46" WEST, 95.50 FEET;
SOUTH 01005' 14" EAST, 83.48 FEET;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH 88054'46"
WEST A DISTANCE OF 299.55 TO THE EAST BOUNDARY LINE OF SAID TRACT NO 2086;
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT NO 2086, SOUTH 00042'30" EAST A DISTANCE OF
236.99 FEET TO THE MOST NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED IN BOOK
8073 OFFICIAL RECORDS AT PAGE 372, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SIAD PARCEL, NORTH 88054'46" EAST A DISTANCE OF 807.12
FEET TO THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD AS SHOWN THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 325 OF MAP AT PAGE 12, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, NORTH 01005'14" WEST A DISTANCE
OF 1019.49 FEET;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, ALONG A TANGENT
CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 20056'09" AND AN ARC
LENGTH OF 36.54 FEET TO A POINT OF REVERSE CURVATURE;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, ALONG A REVERSE
CURVE, HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 18028'53" AND AN ARC LENGTH OF
32.26 FEET;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, NORTH 01 022'02" EAST
A DISTANCE OF 29.66 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM SAID EXISTING ADJUSTED PARCEL 1-C(1) DESCRIBED ABOVE, A PORTION OF SAID
LAND AS WAS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED OCTOBER 15,1976 IN BOOK
C348 OFFICIAL RECORDS, PAGE 714.
CONTAINING AN AREA OF 504,426 SQUARE FEET OR 11.58 ACRES MORE OR LESS
MARCH 25, 2008
S�'v SAND SU�d\
3. C,q�,� c
v NO,
� Fxo.12f�1109 / �
'\ O F C 0�
SHEET 4 OF 4
Admindata/Legal/205176 Parcel1-Cl (2).doc
198384581
RECORDING REQUESTED BY:
Chicago Title Company
Escrow No.:
Locate No.:
Title No.: ACCOMMODATION
When Recorded Mail Document
and Tax Statement To:
Cupertino Square, LLC
19330 Stevens Creek Blvd.
Suite 200
Cupertino, CA 95014
DOCUMENT: 19838458 f Pages
Taxes
Cop i es
REGINA ALCOMENDRAS RDE 4 009
SANTA CLARA COUNTY RECORDER 5/02/2008
Recorded at the request of 8:00 AM
Chicago Title
APN: 316-20-089(a portion), 096, 097 and 098 SPACE ABOVE THIS uNE FOR RECORDER'S USE
GRANT DEED
The undersigned grantor(s) declare(s)
Documentary transfer tax is $ 0.00
City Transfer Tax is $ 0.00 loeAhL4br Cupertino Square, LLC
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated Area City of Cupertino,
"The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold
the same proportionate interest in the property, R & T 11925."
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Cupertino Square, LLC, a
Delaware limited liability company
hereby GRANT(S) to Cupertino Square, LLC, a Delaware limited liability company
the following described real property in the City of Cupertino, County of Santa Clara, State of California:
SEE EXHIBIT "C' ATTACHED HERETO AND MADE A PART HEREOF
'This grant deed Is being recorded to effectuate that certain lot line adjustment recorded on April 2, 2008 as Instrument
No. 19798059."
DATED: April 10, 2008
State of California ) Cu ino(Square, LLC, a Delaware limited liability
County of _ 5n/Z2 4LA ) company
On before me, By: Joseph Rahi,
�✓ Notary Public Mf Chief Operating Officer
(he insert name and title offhe officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within Instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand a icial
Signature (Seal)
---------------
EVELYN HSIAO
COMM. # 1762733 z
NOTARY PUBLIC - CALIFORNIA
' SANTA CLARA COUNTY r
1 wo 00-100i
My Comm. Expries Aug. 20, 2011
MAIL TAX STATEMENTS AS DIRE ED ABOVE
FD-213 (Rev 12/07) GRANT DEED
(grantflisc)(12-07)
19838458 1
198384582
EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL 1-C1(2)
CUPERTINO SQUARE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, LYING WITHIN ADJUSTED PARCEL I-C(1) AND ADJUSTED PARCEL 1-A PER THAT CERTAIN
LOT LINE ADJUSTMENT FOR VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED NOVEMBER
18, 2005 IN DOCUMENT N0. 18684096 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE FOUND STANDARD CITY MONUMENT SHOWN AT THE NORTHERLY TERMINUS OF THE
COURSE OF THE MONUMENTATION LINE OF WOLFE ROAD DESCRIBED AS "NORTH 1 °05'14" WEST, 989.48
FEET' PER THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA
COUNTY RECORDS;
THENCE NORTH 0004'37' EAST DISTANCE OF 125.18 FEET;
THENCE LEAVING SAID MONUMENT LINE AT RIGHT ANGLES THERETO NORTH 89055'23" WEST A DISTANCE
OF 82.14 FEET TO THE NORTHEAST CORNER OF ADJUSTED PARCEL 1-C(1) AS DESCRIBED IN SAID LOT
LINE ADJUSTMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE NORTH BOUNDARY OF SAID PARCEL 1-C(1)
ALONG A CURVE TO THE RIGHT, HAVING A RADIAL BEARING OF NORTH 01045'45" EAST, A RADIUS OF
1368.73 FEET, AN INTERIOR ANGLE OF 5021'31 ", AND A CURVE LENGTH OF 128.01 FEET;
THENCE CONTINUING ALONG THE NORTH BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE FOLLOWING
COURSES AND DISTANCES:
NORTH 82052'44"WEST, 76.01 FEET,
NORTH 01 008'33"WEST, 53.51 FEET;
THENCE ALONG THE NORTH BOUNDARY OF ADJUSTED PARCEL 1-A DESCRIBED IN SAID LOT LINE
ADJUSTMENT, SOUTH 88051'27" WEST A DISTANCE OF 303.10 FEET TO THE EAST BOUNDARY OF TRACT
NO 2086 RECORDED ON SEPTEMBER 30, 1959 IN BOOK 112 OF MAPS PAGES 40 AND 41;
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT NO 2086, SOUTH 00004'30" EAST A DISTANCE OF
362.72 FEET;
THENCE NORTH 88054'46' EAST A DISTANCE OF 286.10 FEET TO THE WEST BOUNDARY OF SAID
ADJUSTED PARCEL 1-C(1);
THENCE CONTINUING ALONG THE WEST BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH
01005' 14" EAST A DISTANCE OF 24.08 FEET;
THENCE CONTINUING ALONG THE WEST BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE FOLLOWING
COURSES AND DISTANCES:
NORTH 88054'46' EAST, 16.22 FEET;
SOUTH 46005' 14" EAST, 106.07 FEET;
SOUTH 01005' 14" EAST, 215.11 FEET;
SOUTH 88054'46" WEST, 29.29 FEET;
SOUTH 43054'46' WEST, 150.58 FEET;
SOUTH 01005'14" EAST, 29.43 FEET;
.Admindata/LegaV205176 Parce11-C1(2).doe
198384582
198384583
.
SOUTH 88054'46" WEST, 115.55 FEET;
NORTH 01 °05'14" WEST, 23.23 FEET;
SOUTH 88,54'46" WEST, 86.48 FEET;
SOUTH 28054'46" WEST, 95.50 FEET;
SOUTH 01005'14" EAST, 83.48 FEET;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH 88054'46"
WEST A DISTANCE OF 299.55 TO THE EAST BOUNDARY LINE OF SAID TRACT NO 2086;
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT NO 2086, SOUTH 00042'30" EAST A DISTANCE OF
236.99 FEET TO THE MOST NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED IN BOOK
8073 OFFICIAL RECORDS AT PAGE 372, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SIAD PARCEL , NORTH 8B°54'46" EAST A DISTANCE OF 807.12
FEET TO THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD AS SHOWN THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 325 OF MAP AT PAGE 12, SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, NORTH 01 005' 14" WEST A DISTANCE
OF 1019.49 FEET;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, ALONG A TANGENT
CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 20056'09" AND AN ARC
LENGTH OF 36.54 FEET TO A POINT OF REVERSE CURVATURE;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, ALONG A REVERSE
CURVE, HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 18028'53" AND AN ARC LENGTH OF
32.26 FEET;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF WOLFE ROAD, NORTH 01 °22'02" EAST
A DISTANCE OF 29.66 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM SAID EXISTING ADJUSTED PARCEL 1-C(1) DESCRIBED ABOVE, A PORTION OF SAID
LAND AS WAS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED OCTOBER 15,1976 IN BOOK
C348 OFFICIAL RECORDS, PAGE 714.
CONTAINING AN AREA OF 504,426 SQUARE FEET OR 11.58 ACRES MORE OR LESS
MARCH 25, 2008
J�P qB,p c
NO.
1.1213V09
4F C �``EO4��Q 3/Z Slb $
AdmindatalLegaV205176 Parcell-C1(2).doc
198384583
198384591
RECORDING REQUESTED BY:
Chicago Title Company
Escrow No.:
Locate No.:
Title No.: ACCOMMODATION
When Recorded Mail Document
and Tax Statement To:
Cupertino Square, LLC
19330 Stevens Creek Blvd.
Suite 200
Cupertino, CA 95014
DocUMENT: 19838459
Pages 3
Fees 15-00
Taxes -
Copies
AMT PAID 051 0
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
RDE 4 009
5/02/2008
8:00 AM
APN: 316-20-089(a portion) SPACE ABOVE THIS UNE FOR RECORDER'S USE
GRANT DEED
The undersigned grantor(s) declare(s)
Documentary transfer tax Is $ 0.00
City Transfer Tax is $ 0.00 Joe Rahi YXuOrdho Square, LLC
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated Area City of Cupertino,
"The grantors and the grantees In this conveyance are comprised of the same parties who continue to hold
the same proportionate interest in the property, R & T 11925."
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Cupertino Square, LLC, a
Delaware limited liability company
hereby GRANT(S) to Cupertino Square, LLC, a Delaware limited liability company
the following described real property in the City of Cupertino, County of Santa Clara, State of California:
SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF
'This grant deed is being recorded to effectuate that certain lot line adjustment recorded on April 2, 2008 as Instrument
No. 19798059."
DATED: April 10, 2008
State of California } Cupertino t6arA, LLC, a Delaware limited liability
County of � /k_ r/oZQ ) company
On . JO. .e606, before me, By: Joseph Rahi,
Notary Public 18ti Chief Operating Officer
{here insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and �clal seal.
Signature (Seal)
EVELYN HSIA0
COMM. # 1762733
Z NOTARY PUBLIC - CALIFORNIA?
SANTA CLARA COUNTY ,
My Comm. Expires Aug. 20, 2011
MAIL TAX STATEMENTS AS DIRECTED ABOVE
FD-213 (Rev 12/07) GRANT DEED
(grantfilsc)(12-07)
198384591
198384592
EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL 1-A(2)
CUPERTINO SQUARE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, LYING WITHIN ADJUSTED PARCEL I -A PER THAT CERTAIN LOT LINE ADJUSTMENT FOR
VALLCO INTERNATIONAL SHOPPING CENTER, LLC, RECORDED NOVEMBER 18, 2005 IN DOCUMENT NO.
18684096 OF OFFICIAL RECORDS, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE FOUND STANDARD CITY MONUMENT SHOWN AT THE NORTHERLY TERMINUS OF THE
COURSE OF THE MONUMENTATION LINE OF WOLFE ROAD DESCRIBED AS "NORTH 1 °05' 14" WEST, 989.48
FEET" PER THAT CERTAIN PARCEL MAP RECORDED IN BOOK 325 OF MAPS AT PAGE 12, SANTA CLARA
COUNTY RECORDS;
THENCE NORTH 0004'37" EAST A DISTANCE OF 125.18 FEET;
THENCE LEAVING SAID MONUMENT LINE AT RIGHT ANGLES THERETO NORTH 89055'23" WEST A DISTANCE
OF 82.14 FEET TO THE NORTHEAST CORNER OF ADJUSTED PARCEL i-C(1) AS DESCRIBED IN SAID LOT
LINE ADJUSTMENT;
THENCE ALONG THE NORTH BOUNDARY OF SAID PARCEL 1-C(1) ALONG A CURVE TO THE RIGHT, HAVING
A RADIAL BEARING OF NORTH 01 045'45" EAST, A RADIUS OF 1368.73 FEET, AN ARC LENGTH OF 128.01
FEET AND AN DELTA ANGLE OF 502 1'3 1";
THENCE CONTINUING ALONG THE NORTH BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE FOLLOWING
COURSES AND DISTANCES:
NORTH 82052'44"WEST, 76.01 FEET;
NORTH 01 008'33"WEST, 44.47 FEET;
THENCE ALONG THE NORTH BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), NORTH 881,54'46" EAST A
DISTANCE OF 23.42 FEET;
THENCE ALONG A WEST BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH 01 °05' 14" EAST A
DISTANCE OF 353.92 FEET TO THE POINT OF BEGINNING;
THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE WEST BOUNDARY OF SAID ADJUSTED
PARCEL 1-C(1), SOUTH 0100514' EAST A DISTANCE OF 24.08 FEET;
THENCE CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1) THE
FOLLOWING COURSES AND DISTANCES:
NORTH 88054'46" EAST, 16.22 FEET;
SOUTH 4600614" EAST, 106.07 FEET;
SOUTH 01 005'14" EAST, 215.11 FEET;
SOUTH 88054'46" WEST, 29.29 FEET;
SOUTH 431154'46" WEST, 150.58 FEET;
SOUTH 01 1105' 14" EAST, 29.43 FEET;
SouTH 88054'46" WEST, 115.55 FEET;
NORTH 01 005' 14" WEsT, 23.23 FEET;
SOUTH 88054'46" WEST, 86.48 FEET;
Admindata/LegaV205176 Parcell-A(2).doc
198384592
198384593
SOUTH 28054'46" WEST, 95.50 FEET;
SOUTH 01005'14" EAST, 83.48 FEET;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID ADJUSTED PARCEL 1-C(1), SOUTH 88054'46"
WEST A DISTANCE OF 299.55 FEET TO THE EAST BOUNDARY LINE OF TRACT NO 2086 RECORDED ON
SEPTEMBER 30, 1959 IN BOOK 112 OF MAPS PAGES 40 AND 41;
THENCE ALONG THE EAST BOUNDARY OF SAID TRACT NO 2086, NORTH 00042'30" WEST A DISTANCE OF
157.45 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF AMHERST DRIVE SHOWN ON SAID TRACT NO
2086;
THENCE ALONG THE SOUTH LINE OF SAID TRACT NO 2086, NORTH 89013'29" EAST A DISTANCE OF
299.01 FEET TO THE SOUTHEAST CORNER OF SAID AMHERST DRIVE, SAID SOUTH LINE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID AMHERST DRIVE;
THENCE ALONG THE EAST LINE OF SAID TRACT NO 2086, NORTH 00004'30"WEST A DISTANCE OF
437.31 FEET;
THENCE NORTH 88054'46" EAST, A DISTANCE OF 286.10 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 199,529 SQUARE FEET OR 4.58 ACRES MORE OR LESS,
MARCH 25, 2008
.1xrs1ro3
\f OF CAS-�FD��\ 31LS BQ
Admindata/LegaV205176 Parcell-A(2).doc
198384593