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LLA-RWC, LLC, Imperial Ave, APNs: 357-17-068, 067; 357-18-033; 357-20-013, 357-20-040RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 15862177 Le Titles:] / Pages: 30`J Fees.... 94.00 Taxes... Copies.. AMT PAID 9 04 0 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Stewart Title of California (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT, RWC, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PARCEL 1 AND 3), PARCEL 1-APN 357-17-068, 067; 357-18-033; 357-20-013, PARCEL 3- APN 357-20-040 PUBLIC WORKS 0 C T 0 4 2001 RDE # 102 9/11/2001 8:00 AM Original For Fast Endorsement LOT LINE ADJUSTMENT Property Owners: RWC, LLC, a California Limited Liability Company (Parcels 1 and 3), Parcel 1-APNS 357-17-068, 067; 357-18-033; 357-20-013, Parcel 3- APN 357-20-040 ACTION BY THE CITYENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between Parcels 1 and 3, as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.0101-1 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from the specified on the preliminary title report designated on Exhibit "B" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "A". Approved this (O— day of VW&i 2001 RALPH A. QUALLS, JR. CITY ENGINEER CITY OF CUPERTINO By: EXH81 ff A August 31, 2001 BKF Job No.: 20000312-10 DESCRIPTION OF PARCEL ONE, B 662 OR 46 BEFORE ADJUSTMENT All that real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the lands described in that certain deed recorded on October 14, 1975 in Book B 662 at page 46, in the Office of the Recorder of Santa Clara County and being more particularly described as follows: Being a portion of the northeast 1/4 of the southwest 1/4 of section 14, Township 7 South, Range 2 West, M.D.M., more particularly described as follows: BEGINNING at the most northeasterly corner of that certain parcel of land shown as Parcel 3 on that certain parcel map recorded in Book 284 of Maps, at page 35, Santa Clara County Records, said corner being also a point on the westerly right-of-way line of the Southern Pacific Railroad; thence leaving said right-of-way line along the northerly line of said Parcel 3, said line being common to the southerly line of that certain parcel of land described as Parcel 6 in that certain decree of final distribution, recorded in Book 3807 of Official Records at page 725, Santa Clara County Records, South 89°51'05" West, 282.05 feet to the northwesterly corner of said Parcel 3; thence continuing along said southerly line South 89°51'05" West, 101.76 feet to the most southwesterly corner of said Parcel 6; thence along the westerly line of said parcel, North 0°00'43" West, 28.59 feet to the most southeasterly corner of Parcel 8 as described in said decree recorded in said Book 3807, of Official Records at page 725, said corner being also the most southeasterly corner of Block 7, as shown on that certain map of the resubdivisions of Subdivision No. 1, Town of Monta Vista, recorded in Volume "P" of Maps at page 24, Santa Clara County Records; thence along the southerly line of said Parcel 8, being common to the southerly line of said Block 7, and to the northerly line of Olive Street as shown on said map, North 89°57'30" West, 130.118 feet to the most southwesterly corner of said block, said corner being also the most southwesterly corner of said Parcel 8; thence leaving said common line along a line common to the westerly lines of said block and said - parcel and to the easterly line of Imperial Avenue as shown on said map, North 0°00'30" "Exhibit A" Page 1 of 3 EXHOT lfk West, 48.849 feet, to the most northwesterly corner of said Parcel 8; thence leaving said common line along the northerly line of said parcel, South 89°57'21" East, 130.115 feet to the most northeasterly corner of said Parcel 8, said corner being also a point on a line common to the westerly line of said Parcel 6 and to the easterly line of said Block 7; thence along said common line, North 0°00'43" West, 240.817 feet to the most southeasterly corner of Parcel 7 as described in said decree, said corner being also the most southeasterly corner of Lot B of said Block 7; thence along the southerly line of said Parcel 7, said line being common to the southerly line of Lot B and subsequently the southerly line of Lot A, Block 7, as shown on said map, North 89°56'46" West, 130.10 feet to the most southwesterly corner of said Parcel 7, said corner being also the most southwesterly corner of said Lot A; thence along a line common to the westerly lines of said Lot A and of said Parcel 7, and along the northerly projection of said common line, said common line and northerly projection thereof, being also the easterly line of said Imperial Avenue, North 0°00'30" West, 126.04 feet; thence continuing along said easterly line, North 0°00' 13" West, 29.96 feet to the southwesterly corner of Block 6 as shown on said map; thence continuing along said easterly line being common to the westerly line of said block and the northerly projection thereof, said projection being also the westerly line of that parcel of land described in the resolution and order proclaiming abandonment of portion of Granada Street, recorded in Book `B" 332 of Official Records at page 277, Santa Clara County Records, North 0°00' 13" West, 404.05 feet to the most northwesterly corner of said parcel; thence leaving said common line along the northerly line of said parcel, South 89°56' 16" East, 130.03 feet to the most northeasterly corner of said parcel, said corner being also a point on said westerly line of said Parcel 6, recorded in said Book 3807; thence along said westerly line North 0°00'43" West, 229.92 feet to the most northerly corner of said parcel, said corner being also a point on said westerly right-of-way line of the Southern Pacific Railroad; thence along said right-of-way line being common to the easterly line of said Parcel 6, South 19°06'48" East, 1172.86 feet to the POINT OF BEGINNING. Excepting therefrom that portion conveyed to Henry Mikulaco, et al, by Grant Deed dated April 17, 1980 and recorded April 30, 1980 in Book E301, page 363, Official Records, described as follows: Portion of Lots E and F, in Block 7, as shown on that certain Map entitled, "Resubdivision of Subdivision No. 1, Town of Monta Vista", which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1971 in Book "P" of Maps, at page 24, and more particularly described as follows: BEGINNING at the point of intersection of the easterly line of Imperial Avenue with the northerly line of Olive Street, as said avenue and street are shown upon the map above referred to; running thence northerly along said easterly line of Imperial Avenue 48.85 feet; thence leaving said last named line and running easterly and parallel with the said northerly line of Olive Street, 130.00 feet to the easterly line of Lot F, in Block 7, as said lot and block are shown upon the map above referred to; running "Exhibit A" Page 2 of 3 thence southerly along said last named line 48.85 feet to a point on the said northerly line of Olive Street, running thence westerly along the said northerly line of Olive Street 130.00 feet to the POINT OF BEGINNING. This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. r Billy Martin, PLS 5797 Expires: 06/30/2004 K:IMAIN\2000\20000312V_EGALS\EzistmgPat [Ow.dm ellSIO SAND SG�GF <v < BILLY MARTIN * EXP. 6rJQrZ 04 J, No.5797 qTF OF "Exhibit A" Page 3 of 3 -7- S— ?- l Dated EXH1611- A August 31, 2001 BKF Job No.: 20000312-10 DESCRIPTION OF PARCEL 3,439 M 12-13 BEFORE ADJUSTMENT All that real Property situate in the City of Cupertino, County of Santa Clara, State of California, being all of Parcel 3, as said parcel is shown on that certain map filed for record on April 12, 1979 in Book 439 of Maps at pages 12 and 13 in the Office of the Recorder of Santa Clara County and being more particularly described as follows: Parcel 3, as said parcel is shown on said map. This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. �S�o SAND SG��F BILLY MARTIN Billy Martin, PLS 5797 �` EXP.6J30/2004 Na 5797 Q Expires: 06/30/2004 c K:\MAIM2000\20000312EEGAIS\EzistingPar 13.do qrc OF CAl``OQ` "Exhibit A" Page 1 of 1 Dated August 30, 2001 BKF Job No.: 20000312-10 DESCRIPTION OF ADJUSTED PARCEL ONE, B 662 OR 46 All that real Property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the lands described in that certain deed recorded on October 14, 1975 in Book B 662 at page 46, in the Office of the Recorder of Santa Clara County and being more particularly described as follows: BEGINNING at the most northerly corner of Parcel One, as said parcel is described in said deed; thence along the easterly line of said parcel South 19°06'48" East, a distance of 836.31 feet; thence leaving said line North 89°56'46" West, a distance of 403.79 feet to the westerly line of said parcel; thence along said line the following three courses: 1) North 00°00' 13" West, a distance of 560.05 feet, 2) South 89°56' 16" East, a distance of 130.03 feet, 3) South 00°00'43" East, a distance of 229.92 feet to the POINT OF BEGINNING and containing an area of 4.15381 acres, more or less. A plat showing the above -described parcel is attached hereto and made a part hereof as Page 2 of 2. This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. -Z Billy Martin, PLS 5797 Expires: 06/30/2004 K:UMAIM2000\20000312\LEGAIS WdjustedP=e10ne.doc rro SAND Wp G FnA BILLY MARTIN 6r3012 a J, No. 5797 Q� lF OF CA \F% "Exhibit A" Page 1 of 2 Dated GRANADA AVE LOMITA AVE 10 SAND L BILLY RTIN P .5797 E F CA1��O POINT OF BEGINNING LANDS OF CATV FACILITY CO. LANDS OF 0) WONG N 09 M d' LANDS OF o HOGAN o 0 0 z 89'56'16" E 130.03' A ADJUSTED PARCEL ONE, 0 B 662 OR 46 Ln 4.15381 ACRES 01 P O O ii E X H � UP--) �, T L N 89'56'46" W 403.79 LANDS OF LANDS OF JOHANSEN RWC, LLC EXHIBIT "A" ADJUSTED �540 PRICE AVENUE PARCEL ONE, REDw00D CITY, CA 94063 ■■■65o/482-6300 B 662 OR 46 � BKF 650/482-6399 (FAX) ENGINEERS I SURVEYORS I PLANNERS Drawn MK Checked TJE Approved TJE Job No. 20000312-10 Date 08 30 01 Sheet 2 of 2 " Mrs EXHIBITA 3RF ' September 6, 2001 ENGINEERS , BKF Job No.: 20000312-10 SURVEYORS PLANNERS DESCRIPTION OF ADJUSTED PARCEL 3,439 M 12-13 All that real Property situate in the City of Cupertino, County of Santa Clara, State of California, being all of Parcel 3, as said parcel is shown on that certain map filed for record on April 12, 1979 in Book 439 of Maps at pages 12 and 13 in the Office of the Recorder of Santa Clara County and being a portion of the lands described in that certain document recorded on October 14, 1975 in Book B 662 at page 46, in the Office of the Recorder of Santa Clara County and being more particularly described as follows: BEGINNING at the southwesterly corner of said parcel; thence along the westerly line of said parcel North 00'01'00 West, a distance of 241.44 feet to the southwesterly corner of said lands described in Book B 662 at page 46; thence along the westerly line of said lands North 00°00'33" West, a distance of 318.23 feet; thence South 89°56'46" East, a distance of 274.02 feet to the easterly line of said lands; thence along said line South 19°06'48" East, a distance of 335.47 feet to the northeasterly corner of said parcel; thence along the easterly line of said parcel South 19°06'48" East, a distance of 293.23 feet to the southeasterly corner of said parcel; thence along the southerly line of said parcel North 82°24'51" West, a distance of 261.05 feet; thence continuing along said line North 89°57'24" West, a distance of 220.99 feet to the POINT OF BEGINNING and containing an area of 4.86299 acres, more or less. A plat showing the above -described parcel is attached hereto and made a part hereof as Page 2 of 2. This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. 540 Price Avenue Troy J. E son, PLS 7735 3dwood City Expires: 12/31/2W1 K:\MARe12000\20000312\C,EGACSWdjustedParcel3.doc California 94063-1411 �_A N D s�9 C-)� GF� TROY J. ERICKSON EXP.12/31/01 � No. 7735 �9TF OF C Al oF� phone 650.482.6300 fax 650.482.6399 "Exhibit A" www.bkf com Page 1 of 2 St A ( ) a Dated DOCUMENT B 662 OR 46 S 89'56'46" E 274.02' LANDS OF A PORTION OF THE JOHANSEN LANDS DESCRIBED IN DOCUMENT B 662 OR 46 z 0 0 0 0 W 161 M 46 w ADJUSTED PARCEL 3, 439 M 12-13 W 00 4.86299 ACRES 524 M 15 L'i LANDS OF z LYNCH o 0 0 C PARCEL 3 LANDS OF 439 M 12-13 ROSA Iv .p POINT OF LANDS OF BATIARI BEGINNING Ln OG Z N 0 rn. w (D O 'yam► 000 2 n Cp; �o w w. LANDS OF MENDICKI N 89'57'24" W 220.99' N W 261.05' LANDS OF SINGH PARCEL 2 439 M 12-13 EXHIBIT "A" ADJUSTED 540 PRICE AVENUE PARCEL3, BKFREDWOOD CITY, CA 94063 650/482-6300 439 M 1 2 - 1 3 _. 650/482-6399 (FAX) �I�e®anlPat Drawn MK Checked TJE Approved TJE Job No. 20000312-10 Date 08/30 01 Sheet 2 of 2 STEWART TITLE OF CALIFORNIA, INC. SANTA CLARA DIVISION 6203 SAN IGNACIO AVE. SUITE 100 SAN JOSE, CA 95119 (408) 361-9200 www.stewartsc.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT STEWART TITLE GUARANTY COMPANY 100 PINE STREET SUITE 450 SAN FRANCISCO, CA 94111 Attn: Rich Blumenthal /Phone: (415)403-9080 Order Number: 31304671 Your Reference: 02-103441 Property Address: Imperial & Bubb Road, Cupertino, CA 1 Results Way & 2 Results Way In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby )orts that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance _.;scribing 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of August 02, 2001 at 7:30 A.M. Updated STEVE CLARKE, Title Officer (408)361-9200 Fax: (408) 227-6276 When replying, please contact the Escrow Department PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: American Land Title Association Loan Policy SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: RWC, LLC, A California Limited Liability Company Continued on next page -1- 31304671 L' LEGAL DESCMMON Mw�ti rvR B !_ The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, described as follows: PARCEL ONE Being a portion of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 7 South, Range 2 West, M.D.B. & M., more particularly described as follows: Beginning at the most Northeasterly corner of that certain parcel of land shown as Parcel 3 on that certain Parcel Map recorded in Book 284 of Maps, at Page 35, Santa Clara County Records, said corner being also a point on the Westerly right-of-way line of the Southern Pacific Railroad; thence leaving said right-of-way line along the Northerly line of said Parcel 3, said line being common to the Southerly line of that certain Parcel of Land described as Parcel 6 in that certain Decree of Final Distribution, recorded in Book 3807 of Official Records at page 725, Santa Clara County Records, South 890 51' 05" West, 282.05 feet to the Northwesterly corner of said Parcel 3; thence continuing along said Southerly line South 890 51' 05" West, 101.76 feet to the most Southwesterly corner of said Parcel 6; thence along the Westerly line of said Parcel, North 00 00' 43" West, 28.59 feet to the most Southeasterly corner of Parcel 8 as iescribed in said Decree, recorded in said Book 3807, of Official Records at Page 725, said corner being also the most Southeasterly corner of Block 7, as shown on that certain Map of the Resubdivision of Subdivision No. 1, Town of Monta Vista, recorded in Volume "P" of Maps, at Page 24, Santa Clara County Records; thence along the Southerly line of said Parcel 8, being common to the Southerly line of said Block 7, and to the Northerly line of Olive Street as shown on said Map, North 890 57' 30" West, 130.118 feet to the most Southwesterly corner of said Block, said corner being also the most Southwesterly corner of said Parcel 8; thence leaving said common line along a line common to the Westerly lines of said Block and said Parcel and to the Easterly line of Imperial Avenue as shown on said Map, North 01 00' 30" West, 48.849 feet, to the most Northwesterly corner of said Parcel 8; thence leaving said common line along the Northerly line of said parcel, South 890 57' 21" East 130.115 feet to the most Northeasterly corner of said Parcel 8, said corner being also a point on a line common to the Westerly line of said Parcel 6 and to the Easterly line of said Block 7; thence along said common line, North 01 00' 43" West, 240.817 feet to the most Southerly corner of Parcel 7 as described in said Decree, said corner being also the most Southeasterly corner of Lot B of said Block 7; thence along the Southerly line of said Parcel 7, said line being common to the Southerly line of Lot B and subsequently the Southerly line of Lot A, Block 7, as shown on said Map, North 890 56' 46" West, 130.10 feet to Continued on next page -2- EXH811B 31304671 the most Southwesterly corner of said Parcel 7, said corner being also the most Southwesterly corner of said Lot A; thence along a line common to the Westerly lines of said Lot A and of said Parcel 7, and along the Northerly projection of said common line, said common line and Northerly projection thereof, being also the Easterly line of said Imperial Avenue, North 00 00' 30" West, 126.04 feet; thence continuing along said Easterly line, North 00 00' 13" West, 29.96 feet to the Southwesterly corner of Block 6 as shown on said Map; thence continuing along said Easterly line being common to the Westerly line of said block and the Northerly projection thereof, said projection being also the Westerly line of that parcel of land described in the Resolution and Order proclaiming abandonment of portion of Granada Street, recorded in Book 2332 of Official Records at Page 277, Santa Clara County Records, North 00 00' 13" West, 404.05 feet to the centerline of that abandoned portion of Granada Avenue, thence along said centerline South 890 56'16" East, 130.03 feet to a point on the Easterly line of said Parcel, said corner being also a point on said Westerly line of said Parcel 6, recorded in said Book 3807, page 725; thence along said Westerly line North 00 00' 43" West, 229.92 feet to the most Northerly corner of said parcel, said corner being also a point on said Westerly right-of-way line of the Southern Pacific Railroad; thence along said right-of-way line being common to the Easterly line of said Parcel 6, South 190 06' 48" East, 1172.86 feet to the point of beginning. Excepting therefrom that portion conveyed to Henry Mikulaco, et al, by Grant Deed dated April 17, 1980 and recorded April 30, 1980 in book E'301, Page 363, Official Records, described as follows: Portion of Lots E and F, in Block 7, as shown on that certain Map entitled, "Resubdivision of Subdivision No. 1, Town of Monta Vista", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book "P" of Maps, at Page 24, and more particularly described as follows: Beginning at the point of intersection of the Easterly line of Imperial Avenue with the Northerly line of Olive Street, as said Avenue and Street are shown upon the Map above referred to; running thence Northerly along said Easterly line of Imperial Avenue 48.85 feet; thence leaving said last named line and running Easterly and parallel with the said Northerly line of Olive Street, 130.00 feet to the Easterly line of Lot F, in Block 7, as said Lot and Block are shown upon the Map above referred to; running thence Southerly along said last named line 48.85 feet to a point on the said Northerly line of Olive Street, running thence Westerly along the said Northerly line of Olive Street 130.00 feet to the point of beginning. APN: 357-17-068, 067; 357-18-033; 357-20-013 Continued on next page -3- 31304671 PARCEL TWO Parcel 1, as shown on that Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 12, 1979 in Book 439 of Maps, Pages 12 and 13. APN: 357-20-042 PARCEL THREE Parcel 2, as shown on that Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 12, 1979 in Book 439 of Maps, Pages 12 and 13. APN: 357-20-041 PARCEL FOUR Parcel 3, as shown on that Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 12, 1979 in Book 439 of Maps, Pages 12 and 13. APN: 357-20-040 End of Legal Description Continued on next page -4- 31304671 SCHEDULE B -il fJ�;: tit i At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2001 - 2002 which are a lien not yet payable. B. 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. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee Santa Clara County Flood Control and Water District, its Successors and Assigns Purpose Water pipelines and appurtenances Recorded May 3, 1966 in Book 7368, Page 311 of Official Records. Affects A portion of said land 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee City of Cupertino, A Municipal Corporation Purpose Public Roadway Purposes and all Public Utilities Recorded July 1, 1971 in Book 9401 at Page 387 of Official Records. Affects Parcel Two 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee The Cupertino Sanitary District Purpose Sanitary Sewer Recorded March 25, 1975 in Book B332, Page 277 of Official Records. Affects A portion of said land 4. An easement or other provisions for the purposes shown below and rights incidental thereto as shown on the recorded map: Map No. Parcel Map Recorded In Book 407 of Maps at Page 29 Easement Purpose: Public Service and Sanitary Sewer Affects A portion of Parcels Two and Three Continued on next page -5- EXHBn f 3 31304671 5. An easement or other provisions for the purposes shown below and rights incidental thereto as shown on the recorded map: Map No. Parcel Map Recorded In Book 439 of Maps at Page 13 Easement Purpose: Public Service and Sanitary Sewer and Ingress and Egress Affects A portion of Parcels Two and Three 6. Covenants, conditions, and restrictions as set forth in instrument recorded April 30, 1978 in Book E456 at Page 478 but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction; (a) is exempt under Title 42 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the County Recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Said Covenants, Conditions and Restrictions have been modified by an instrument Recorded May 10, 1979 in Book E459, at Page 340, of Official Records 7. An agreement to which reference is made for full particulars: By and Between: Measurex Corporation, a Delaware Corporation and Measurex Systems, Inc., a California Corporation In Favor of Cupertino Sanitary District Recorded October 12, 1984 in Book I958 at Page 533 of Official Records Said Matter Affects Parcels Two and Three 8. An agreement to which reference is made for full particulars: By and Between: Measurex Corporation, a Delaware Corporation and Measurex Systems, Inc., a California corporation Regarding An Agreement Recorded February 6, 1989 in Book K841 at Page 323 Official Records 9. An easement for the purpose shown below and rights incidental Continued on next page -6- EXH0131304671 thereto as set forth in a document: To/Grantee Santa Clara Valley Water District, A Public Corporation Purpose Water pipelines and appurtenances Recorded January 31, 1990 in Book L245, Page 248 of Official Records. Affects Portion of said land 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document: To/Grantee The City of Cupertino Purpose Storm Drainage Easement Recorded October 30, 1991 in Book L910, Page 0132 Instrument 11111412 of Official Records. Affects A Portion of Said Land 11. The matters contained in an instrument: By and Between: Measurex Corporation and Measurex Systems and upon the terms and conditions and covenants therein provided. Entitled Quitclaim Deed to the City of Cupertino for Underground Water Rights Recorded June 1, 1998 Instrument No.: 14209355 12. The matters contained in an instrument: By and Between: City of Cupertino, Honeywell-Measurex Corporation and Honeywell-Measurex Systems, Inc. and upon the terms and conditions and covenants therein provided. Entitled Covenant between the City of Cupertino and Honeywell-Measurex Corporation and Honeywell- Measurex Systems, Inc. Regarding One Results Way Recorded June 15, 1998 Instrument No.: 14234570 13. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount $40,000,000.00 Dated June 16, 1998 Trustor RWC, LLC, A California Limited Liability Company Trustee North American Title Company, a California Corporation Beneficiary: The Bank of Nova Scotia, San Francisco Agency Recorded June 16, 1998 as Instrument No. 14237495, Official Records Address Not shown Loan No. Not shown Continued on next page -7- EAR� l3 31304671 14. An Assignment of rents and leases upon the terms and conditions therein set forth: Executed By RWC, LLC, a California Limited Liability Company To The Bank of Nova Scotia, San Francisco Agency Recorded June 16, 1998 Instrument No.: 14237496 Certain of the Lessor's interest under leases referred to therein, which assignment recites, that it is given as additional security for the deed of trust shown as Exception No. 13. 15. Terms and provisions of a lease dated June 16, 1998, executed by RWC, LLC, a California Limited Liability Company as lessor and Honeywell, Inc., a Delaware Corporation, as lessee as disclosed by a Memorandum of Lease recorded June 16, 1998 Under Serial No. 14237497. First Amendment recorded January 19, 2001 Under Serial No. 15530300, of Official Records. 16. The matters contained in an instrument: Dated June 16, 1998 By and Between: The Bank of Nova Scotia, San Francisco Agency and Honeywell Inc., a Delaware Corporation and RWC, LLC, a California limited liability company upon the terms and conditions and covenants therein provided. Entitled Subordination, Non -Disturbance and Attornment Agreement Recorded June 16, 1998 Instrument No.: 14237498 And as modified by an instrument recorded: June 16, 1998 Under Serial No. 14237499, Official Records. 17. An agreement to which reference is made for full particulars: Dated June 17, 1998 By and Between: Honeywell-Measurex Corporation, Honeywell- Measurex Systems, Inc., RWC, LLC and Cupertino Sanitary District Regarding Sewer Connection Recorded July 2, 1998 under Instrument No. 14263857 of Official Records Affects Parcel Two and Parcel Three Only 18. Any lien, or claim of lien, for services, labor or materials arising by reason of a work of improvement, as disclosed by a Continued on next page -8- EXU fi01 31304671 notice of completion recorded March 23, 2000 Under Serial No. 15189830, Official Records. Any other claims for mechanic's liens on said land that may be recorded, by reason of a work of improvement that is disclosed by the document shown below: Document Notice of Nonresponsibility Recorded August 1, 2000 as Instrument No. 15339873 of Official Records 20. Terms and provisions of a lease, executed by RWC, LLC, a California limited liability Company as lessor and Magma Design Automation, Inc., as lessee as disclosed by a Notice of Nonresponsibility recorded August 1, 2000 Under Serial No. 15339873 of Official Records. 21. Any other claims for mechanic's liens on said land that may be recorded, by reason of a work of improvement that is disclosed by the document shown below: Document Notice of Nonresponsibility Recorded August 4, 2000 as Instrument No. 15344941 of Official Records 22. Any lien, or claim of lien, for services, labor or materials arising by reason of a work of improvement, as disclosed by a notice of completion recorded September 15, 2000, Serial No. 15392595, Official Records. Any lien, or claim of lien, for services, labor or materials arising by reason of a work of improvement, as disclosed by a notice of completion recorded September 15, 2000, Serial No. 15392596, Official Records. 24. Any other claims for mechanic's liens on said land that may be recorded, by reason of a work of improvement that is disclosed by the document shown below: Document Notice of Nonresponsibility Recorded October 25, 2000 as Instrument No. 15434563 of Official Records 25. Terms and provisions of a lease, executed by RWC, LLC, a California limited liability company as lessor and Honeywell, Inc., as lessee as disclosed by a Notice of Nonresponsibility recorded October 25, 2000 Under Serial No. 15434563. 26. Rights of the public as to that portion of Parcels two and three that lies within the bounds of Results Way. 27. Prior to the issuance of any policy of title insurance, the Company will require the following with respect to RWC, LLC, a Continued on next page -9- EXHUil B 31304671 California limited liability company: 1. A copy of its operating agreement and any amendments thereto must be submitted to the Company for review. 2. A certified copy of its articles of organization (LLC-1), any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) must be submitted to the Company for review. 3. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented to the Company for recording or upon which the Company is asked to rely, such document or instrument must be executed in accordance with the following: (a) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of the written operating agreement, such document or instrument must be executed by at least two duly elected or appointed officers as follows: the chairman of the board, the president, vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer. (b) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document or instrument must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 4. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 28. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. 29. Rights of parties in possession of said land by reason of any unrecorded leases. END OF EXCEPTIONS Typist Initials: gt Print date: August 13, 2001 Continued on next page -10- WAW,101�211, 31304671 Property taxes for proration purposes 1st Installment: 2nd Installment: Land Improvement Exemption Code Area Assessment No. Property taxes for proration purposes 1st Installment: 2nd Installment: Land Improvement Exemption Code Area Assessment No. Property taxes for proration purposes 1st Installment: 2nd Installment: Land Improvement Exemption Code Area Assessment No. Property taxes for proration purposes 1st Installment: 2nd Installment: Land Improvement Exemption Code Area Assessment No. Property taxes for proration purposes Fiscal year 2000 1st Installment 2nd Installment Exemption Land Improvements NOTES the fiscal year the amounts are: $512.02 PAID $512.02 PAID $89,344.00 $0 $0 13112 357-17-067 the fiscal year the amounts are: $6,707.42 PAID $6,707.42 PAID $1,113,701.00 $1,038.00 $0 13027 357-17-068 the fiscal year the amounts are $1,721.44 PAID $1,721.44 PAID $287,774.00 $1,038.00 $0 13027 357-18-033 the fiscal year the amounts are: $29,110.80 PAID $29,110.80 PAID $4,897,377.00 $0 $0 13027 357-20-013 the fiscal year the amounts are: 2001 $15,511.15 $15,511.15 $0 $2,783,213.00 $0 shown below are paid. For the fiscal year 2000-2001 shown below are paid. For the fiscal year 2000-2001 shown below are paid. For the fiscal year 2000-2001 shown below are paid. For the fiscal year 2000-2001 shown below are paid. For PAID PAID Continued on next page -11- 31304671 Code Area: 13027 Assessment No: 357-20-040 Property taxes for the fiscal year shown below are paid proration purposes the amounts are: Fiscal year 2000 - 2001 1st Installment $156,719.96 PAID 2nd Installment $156,719.96 PAID Exemption $0 Land $9,525,679.00 Improvements $17,929,405.00 Code Area: 13027 Assessment No: 357-20-041 For Supplemental taxes for the fiscal year 2000/2001 shown below are paid. For proration purposes the amounts are: Code Area 13027 Parcel No. 357-20-041-91 Activity Date 10/01/1999 1st Installment: $20,083.24 PAID 2nd Installment: $20,083.24 PAID Property taxes for the fiscal year shown below are paid. For proration purposes the amounts are: Fiscal year 2000 - 2001 1st Installment $141,322.52 PAID 2nd Installment $141,322.52 PAID Exemption $0 Land $7,195,424.00 Improvements $16,594,887.00 Code Area: 13-027 Assessment No: 357-20-042 Supplemental taxes for the fiscal are paid. For proration purposes 2000/2001 Code Area 13027 Parcel No. 357-20-042-91 Activity Date 10/01/1999 1st Installment: $4,089.67 PAID 2nd Installment: $4,089.67 PAID year 2000/2001 shown below the amounts are: fiscal year There have been no conveyances of said land recorded within 24 months prior to the date of this report. None of the items shown in this report will cause the company to decline to attach CLTA Indorsement form 100 to the ALTA Loan Policy, when issued. There is located on said land: Vacant Land Continued on next page -12- !� 5 31304671 known as: Imperial & Bubb Rd. site and Commercial Building Known as: 1 Results Way and 2 Results Way Cupertino, CA SHORT TERM RATE: Yes COUNTY OF SANTA CLARA RECORDING FEES The Recording Fees for The County of Santa Clara as follows: $7.00 for the first page of a document, plus $7.00 for each additional title over one, plus $3.00 for each additional page (provided all pages of the document measure 8-1/2" x 11" and comply with recording requirements), except for deeds of trust assignments of deeds of trust, reconveyance, requests for notice, requests for notice of delinquencies and notice of defaults. Deeds of Trust, Reconveyance, Requests for Notice of Delinquencies and Notices of Defaults are $9.00 for the first page of the document, plus $7.00 for each additional title over one, plus $3.00 for each additional page (provided all pages of the document measure 8-1/2" x 11" and comply with recording requirements) . A Substitution of Trustee and Full Reconveyance, as combined document is $18.00 for the first page of the document, plus $3.00 for each additional page (provided all pages of the document measure 8-1/2" x 11" and comply with recording requirements). The recording fee for a Release of Tax Lien from the State of California, The County of Santa Clara, or a City is $11.00. The recording fee for Release of Tax Lien from the I.R.S. is $7.00. When recording a lien, judgment, or abstract of judgment add $3.00 per owner or debtor. There is a Survey Monument Preservation Fee of $10.00 charged on the recording of all deeds containing a description other than that of a condominium or a complete lot shown on a subdivided tract (this fee is not charged on easements). Documents that are not 8-1/2 " x 11" and that do not comply with recording requirements are subject to an additional fee of $3.00 for each page. Continued on next page -13- EXH018 31304671 TRANSFER TAX RATE: The Transfer Tax Rate for the County of Santa Clara is based on $1.10 per $1,000 (or 55 cents per $500) of total consideration given for the property, less liens and encumbrances remaining of record. In addition to the transfer tax charged by the County of Santa Clara, the Cities of Mountain View, San Jose and Palo Alto have a Transfer Tax Rate based on $3.30 per $1,000 (or $1.65 per $500) of total consideration given for the property, less liens and encumbrances remaining of record. STATE OF CALIFORNIA DOCUMENT REQUIREMENTS: Any instrument, paper, or notice submitted for recording should be on 8-1/2" x 11" white paper, preferably 161b bound or heavier. They should be in block print, preferably minimum 10-point type on the first page and 8 point on subsequent pages. All printing or writing should be limited to one side of a page. Any document submitted for recording shall have at least 1/2" margin on each vertical side. In addition, the top 2-1/2" of the first page shall be reserved for recording information, with the left 3-1/2" used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. The right-hand portion of the space is for use by the recorder only. Any document submitted must indicate the title or titles of the document(s) contained therein. Those title must appear on the first page directly below the space reserved for the recorder. All information required by the statute which provides for the creation of the document must be there. In addition, all recording requirements must be met. Any document which contains sheet or sheets which do not measure 8-1/2" x 11" or that do not comply with recording requirements may be subject to recording penalty of $3.00 for every page of that document. PRELIMINARY CHANGE OF OWNERSHIP REPORT (POOR): A Preliminary Change of Ownership Report must be completed by the transferee (buyer) prior to the transfer of property in accordance with the provisions of Section 480.3 of the Revenue and Taxation Code. The Preliminary Change of Ownership Report should be submitted to the recorder concurrent with the recordation of any document effecting a change of ownership. If a document evidencing a change of ownership (i.e. Deed, Affidavit -Death Joint Tenant) is presented to the recorder for recording with a Continued on next page -14- EXHain 6 31304671 preliminary change of ownership report, the recorder may charge an additional $20. Continued on next page -15- 31304671 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. Funds received by STEWART TITLE OF CALIFORNIA, INC. via wire transfer may be disbursed upon receipt. Funds received via cashiers checks or teller checks may be disbursed on the next business day after the day of deposit. If funds including shortage checks are disbursed to this company other than by tellers check, cashiers check, wire transfer or disbursements of escrow or sub -escrow funds, you should contact your title officer or escrow officer. -16- No ZD M> D 4 STEVENS---CREEK t rino roax �7w uo.rns � w w� N� m J R. D. 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