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LLA-Marinko and Laura M. Balde, 10775 Stevens Canyon Rd, APN: 342-17-092'-'PI /4 n c c -),/ Cd . ,957, i / /too 71 &-421 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 N_O F.-1=E-lid rCORDANCE DOCUMENT: 17481857 1Illllllllllll11llsllllllllli1lllll BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Alliance Title Company ®-51— � Pages: 19 Fees.... 61.00 Taxes... Copies.. AMT PAID 61.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RDE # 005 11/19/2003 2:29 PM WJIH..GIId/--Cflf?E 6103 Plupt'ic wows LOTLINE ADJUSTMENT, MARINKO BALDE AND LAURA M. BALDE, HUSBAND AND WIFE AS COMMUNITY PROPERTY, PARCELS A, B, D, AND E, INTO NEW PARCELS 1 AND 2,10775 STEVENS CANYON ROAD, APN 342-17-092 Original 0 For Fast Endorsement LOT LINE ADJUSTMENT Property Owner: Lotline Adjustment, Marinko Balde and Laura M. Balde, Husband and Wife as Community Property, Parcels A, B, D, and E, into New Parcels 1 and 2,10775 Stevens Canyon Road, APN 342-17-092 ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between Parcels A, B, D, and E, into new Parcels 1 and 2, 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.O10H of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from the specified on the preliminary title report designated on Exhibit `B" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "A". Approved this day of 4ky , 2003. RALPH A. QUALLS, JR CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 By:4d'uou U October 28, 2003 Job No. 00-203 LANDS OF BALDE BEFORE LOT LINE ADJUSTMENT PARCEL "A" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 115 as shown on the Map of Inspiration Heights, Monta Vista, which map was filed for record in the Office of the Recorder of the County of Santa Clara, Sate of California, on April 11, 1917 in Book P of Maps, page 13, and being more particularly described as follows: BEGINNING at a 3/4 inch diameter pipe tagged RCE 22623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'10" West 126.33 feet to the Southwesterly line of said Section 115; thence along said Southwesterly line, South 44°58'00" East 33.14 feet to the Southeasterly line of said Section 115; thence along said Southeasterly line North 76°42'06" East 105.75 feet to the said point of beginning of this description. PARCEL "B" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 150 as shown on the Map of Inspiration Heights, Morita Vista, which map was filed for record in the Office of the Recorder of the County of Santa Clara, Sate of California, on April 11, 1917 in Book P of Maps, page 13, and being more particularly described as follows: BEGINNING at a 3/4 inch diameter pipe tagged RCE 22623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'17" West 126.33 feet to the Northeasterly line of said Section 150, said point being the TRUE POINT OF BEGINNING of this description; thence South 89°36'10" West 46.39 feet to the Southern boundary of the land conveyed to Lewin S. King et al, by deed recorded March 21, 1983 in Book H 412 of Official Records, page 486, Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said Deed to King) 163.39 feet from the Page 1 of 3 Southeastern corner of said King Parcel; thence along the southern line of said King parcel and its extension westerly thereof South 86'10'23" West 98.97 feet to a point that bears North 44°58'00" West 65.80 feet from the eastern most corner of Section 156 shown on said map, said corner also being the eastern most corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177 and 178 of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara Clara California", filed for record on April 3, 1968 in Book 235 of Maps, at Page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet to the South corner of said Section 150; thence along the Southeasterly line of said Section 150 North 76°42'06" East 127.16 feet to the East corner of said Section 150; thence along the Northeasterly line of said Section 150 North 44°58'38" West 33.14 feet to the said true point of beginning of this description. PARCEL "D" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 151 as shown on the Map of Inspiration Heights, Monta Vista, which map was filed for record in the Office of the Recorder of the County of Santa Clara, Sate of California, on April 11, 1917 in Book P of Maps, page 13, and being more particularly described as follows: BEGINNING at the Northwest corner of said Section 151; thence along the West line of said Section 151, South 13°58'00" West 25.14 feet to the Northerly line of that certain parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 113.73 feet to the the East line of said Section 151; thence along said East line, North 13°58'00" East 70.89 feet to the Northeast corner of said Section 151; thence along the Northerly line of said Section 151 South 76°42'06" West 127.16 feet to the said point of beginning of this description. PARCEL "E" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 114 as shown on the Map of Inspiration Heights, Monta Vista, which map was filed for record in the Office of the Recorder of the County of Santa Clara, Sate of California, on April 11, 1917 in Book P of Maps, page 13, and being more particularly described as follows: BEGINNING at a 3/4 inch diameter pipe tagged RCE 22623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence along the Northwesterly line of said Section 114 South 76°42'06" East 105.75 feet to the Northwest corner of said Section Page 2 of 3 114; thence along the West line of said Section 114 South 13°58'00" West 70.84 feet to the Northerly line of that certain parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 94.57 feet to the said westerly line of Stevens Canyon road; thence along said Westerly line North 13°58'00" East 108.85 feet to the said point of beginning of this description. LAND 3AMFSo 60 XP. 30-05 . OP CAL0v Page 3 of 3 September 29, 2003 Job No. 00-203 LEGAL DESCRIPTION OF THE LANDS OF BALDE AFTER LOT LINE ADJUSTMENT PARCEL 1 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Sections 114, 115, 151, and 150 as shown on the Map of Inspiration Heights, 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'17" West 172.69 feet to the Southern boundary of the land conveyed to Lewin S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81°56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost corner of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 13°58' West 23.88 feet to the northerly line of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along said Northerly line of said Sayre Parcel South 83°39'01" East 82.16 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along last named line, South 83°39'01" East 117.33 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 92.86 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence leaving said along said parallel line, South 89°36'17" West 130.58 feet; thence South 06°20'59" West 76.70 feet to the said true point of beginning, and containin 10 372 square feet of land, more or less. � ,0 `AND s� 3AAM4 'PLC � EXP./1-30_05 \T N `�DF CALIF0-5001 September 29, 2003 Job No. 00-203 LEGAL DESCRIPTION OF THE LANDS OF BALDE AFTER LOT LINE ADJUSTMENT PARCEL 2 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Sections 114, 115, 151, 150 and 155 as shown on the Map of Inspiration Heights, 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, page 13, being more particularly described as follows: BEGINNING at a 3/4 inch diameter iron pipe tagged RCE 33623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89°36'17" West 172.69 feet to the Southern boundary of the land conveyed to Lewin S. King et at, by deed recorded March 21, 1983 in Book H 412 Official Records, page 486 Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said deed to King) 163.39 feet from the southeastern corner of said King parcel; thence along the southern line of said King parcel and its extension westerly thereof South 81 °56'00" West 93.70 feet to a point which bears North 44°58'00" West 65.80 feet from easternmost corner of Section 156, shown on said map, said corner also being the easternmost corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177, and 178 Map of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of maps, at page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South 44°58'00" East 65.80 feet; thence South 13°58' West 23.88 feet to the northerly line of the parcel of land described in the deed from Fred Vogler, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along said Northerly line of said Sayre Parcel South 83°39'01" East 82.16 feet; thence leaving last named line, North 06°20'59" East 76.70 feet to a line parallel with and 16.00 feet Southerly of, being measured at right angles, said King Parcel feet; thence along said parallel line, North 89°36'17" East 130.58 feet to the said Westerly line of Stevens Canyon Road; thence along said Westerly line North 13°59'30" East 16.52 feet to the said point of beginning, and containing 10,395 square feet of land, more or less. 0 LAND SOX 1AMFS L� m� .5660 E .9-30-05 Q- T � F OF CA1.1F�� cAnIBITA FOUND 3/4" IP TAGGED LS4953 PER (C) GRAPHIC SCALE 1 hwh - 50 R LANDS OF PATEL DEED #11498897 ST ANDRF* A S �NUF O � \\ !G ,;r C� q ?o,� �0 20, LANDS OF UEDA rS DEED #11883025 \ ©O+ �� ? 20' A6 6 � 4 PARCEL 2 N89low 17 E c ; 10,395 SQ FT r� U a � ud .---� c, N es 0.239 t AC / PARCEL 1� o �o` + 3 TRUE POINT --''W r. .Z � 3 OF BI=61N�G � 10,3%2 SQ FT R. yo z w '00"�-�'ARCEL 1 0 / 0.23$ AC/•`� 3 5oN7g3rti r z,W,? a; D s1358'00"w 8 / ,8 «� S l) NOT A PART 23.88' 25' Z 82.16, Lo (EASTERLY 255,sb1 "W 255 36' S 83 3.9'0t r 117.33' LANDS OF SAYRE MORE OR LESS) (E) � DEED #944826 15' PRIVATE UTILITY EASEMENT 10'x25' PRIVATE UTILITY EASEMENT FOR THE BENEFIT OF PARCEL 2 (BY SEPARATE INSTRUMENT} 2O' FOR THE BENEFIT OF PARCEL 1 OVER PARCEL 1 20' OVER PARCEL 2 (BY SEPARATE INSTRUMENT) AFOUND 3/4" I.P. OPEN (D) a POINT OF BEGINNING: FOUND 3/4" I.P. "RCE 33623" (D) A2 FOUND 3/4" I.P. "RCE 20597" (D) 9 LAND S Q3 FOUND 3/4" I.P. OPEN (D) - (� FOUND PK NAIL (B) ��'sZ JAM�S��LF` N46'10'57"W, 10.63' FROM ANGLE POINT FOUND 3" BRASS DISC c' etc}' pG p 1 IN MOUNUMENT BOX (D) FOUND 3/4" I.P. OPEN (A) (B) rn �v /,\ l� N40'3214 W, 1.52 FROM ANGLE POINT 660 a LEGEND E 9-30-05 ® - FOUND AS NOTED PER REFERENCE • - FOUND AS NOTED PER REFERENCE REFERENCE DOCUMENTS -11-1 OF CALl4 O - SET 3/4" I.P. WITH PLASTIC (A) RECORD OF SURVEY, BOOK 16 M PAGE 28 PLUG L.S. 5660 () — RECORD DATA PER REFERENCE (B) RECORD OF SURVEY, BOOK 137 M PAGE 40 (A) — REFERENCED DOCUMENT (C) RECORD OF SURVEY, BOOK 688 M PAGE 30 LOT LINE TO BE ADJUSTED (D) UNRECORDED RECORD OF SURVEY BY MARIUS E. NELSEN RCE 20597 OR REMOVED BASIS OF BEARINGS (E) STIPULATED JUDGMENT, BOOK L 908 PAGE 589, OFFICIAL RECORDS THE BEARING N13'59'30"E ALONG THE OF STEVENS WESTER ROADH INE AS SHOWN OF WAYLON THE UNRECORDED LOT LINE ADJUSTMENT MAP RECORD OF SURVEY BY MARIUS E. NELSEN RCE CW OF CljpERTM, =NW OF SANT.A CLAM WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP. CONSISTING OF 1 SHEET LANDS OF BALDE (J 529 OR 935) AREA: 21,428 SO. FT. 0.49 AC S 8609'28' w 163.39' _ (s86'10'23'w 163.4r)it 2.6s' (r�ss 3s'1 2')`(E) (L 9a8 OR " fld Escrow Branch: 1EXHIB17 is 901 Campisi Way, #140 Allile ance ' Campbell, CA 95008 (408) 559-3424 Fax (408) 275-0824 PRELIMINARY REPORT Escrow Officer: Kay Marcelino/mal ORDER NO. 11120593-006-A KAY Ref. No: PROFORMA TS Civil Engineering Property Address: 90 N. First Street, #101 10775 Stevens Canyon Road San Jose, CA 95113 Cupertino, CA 95014 Attn.: Terry Szewczyk APN: 342-17-092 ARB: 342-17-016 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the 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 of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Standard Policy issued by First American Title Insurance Company Dated as of March 14, 2003 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Marinko Balde and Laura M. Balde, husband and wife as community property The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. Page No. 2 EH I 1 1 B File No. 11120593-006-A KAY PROFORMA PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003- 2004, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 3. A deed of trust to secure an indebtedness in the original amount shown below, Dated : July 23, 1991 Amount: $191,250.00 Trustor : Marinko Balde and Laura M. Balde, husband and wife Trustee : Countrywide Title Corporation, a California corporation Beneficiary : Countrywide Funding Corporation Recorded : August 1, 1991 in Book L 809, Page 1118, Official Records Address : P.O. Box 7024, Pasadena, CA 91109-8974 Loan No.: 6043238 4. A deed of trust to secure an indebtedness in the original amount shown below, Dated : June 9, 1993 Amount: $203,150.00 Trustor : Marinko Balde and Laura M. Balde, husband and wife Trustee : Standard Trust Deed Service Company, a California corporation Beneficiary : Farragut Mortgage Co., Inc. Recorded : June 22, 1993 in Book M 842, Page 1453, Official Records Address : 757 Arnold Drive, Ste. 200, Martinez, CA 94553 Loan No.: 9172318 The beneficial interest of record under said deed of trust was assigned by instrument In favor of: Homeside Lending, Inc. Dated: November 5, 1998 Recorded: November 23, 1998, under Recorder's Series No. 14515489, Official Records Address: 620 S. Woodruff Avenue, Idaho Falls, ID 83401 and by other assignments of record. 5. A deed of trust to secure an indebtedness in the original amount shown below, Dated : August 13, 1998 Amount: $200,000.00 Trustor : Marinko Balde and Laura M. Balde, who are married to each other Trustee : Equitable Deed Company Beneficiary : Bank of America, NT&SA, a national banking association Recorded : August 18, 1998 under Recorder's Series No. 14340100, Official Records Address : P.O. Box 2190, Rancho Cordova, CA 95741 Loan No.: 02500168669336998 Page No. 3 EXH I NI 6 File No. 11120593-006-A KAY PROFORMA NOTICE: This is a PROFORMA PRELIMINARY REPORT furnished to or on behalf of the party to be insured. It neither reflects the present status of title, nor is it intended to be a commitment to insure. There are requirements which must be met before a final policy can be issued in the same for as this PROFORMA PRELIMINARY REPORT. A commitment to insure setting forth these requirements should be obtained from the Company. NOTES: a. Date last insured: 08-18-98 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- NONE f. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. Page No. 4 H 0 File No. 11120593-006-A KAY PROFORMA SCHEDULE C LEGAL DESCRIPTION PARCEL "A" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 115 as shown on the Map of Inspiration Heights, 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, page 13, and being more particularly described as follows: BEGINNING at a 3/4 inch diameter pipe tagged RCE 22623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89036'10" West 126.33 feet to the Southwesterly line of said Section 115; thence along said Southwesterly line, South 44°58'00" East 33.14 feet to the Southeasterly line of said Section 115; thence along said Southeasterly line North 76°42'06" Fast 105.75 feet to the said point of beginning of this description. PARCEL "B" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 150 as shown on the Map of Inspiration Heights, 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, page 13, and being more particularly described as follows: BEGINNING at a 3/4 inch diameter pipe tagged RCE 22623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence South 89'36'17" West 126.33 feet to the Northeasterly line of said Section 150, said point being the TRUE POINT OF BEGINNING of this description; thence South 89°36'10" West 46.39 feet to the Southern boundary of the land conveyed to Lewin S. King et al, by deed recorded March 21, 1983 in Book H 412 of Official Records, page 486, Santa Clara County Records, said point bearing South 86°09'28" West (set forth as South 84°37' West in said Deed to King) 163.39 feet from the Southeastern corner of said King Parcel; thence along the southern line of said King Parcel and its extension westerly thereof South 86'10'23" West 98.97 feet to a point that bears North 44°58'00" West 65.80 feet from the eastern most corner of Section 156 shown on said map, said corner also being the eastern most corner of Parcel D shown on that certain map entitled "Parcel Map of Lots 156, 157, 175, 176, 177 and 178 of Inspiration Heights, Monta Vista, City of Cupertino, Santa Clara County, California", filed for record on April 3, 1968 in Book 235 of Maps, at Page 40, Santa Clara County Records; thence along the Southwesterly line of said Section 150, South Page No. 5 XH 01 —" File No. 11120593-006-A KAY PROFORMA 44°58'00" East 65.80 feet to the South corner of said Section 150; thence along the Southeasterly line of said Section 150 North 76°42'06" East 127.16 feet to the East corner of said Section 150; thence along the Northeasterly line of said Section 150 North 44°58'38" West 33.14 feet to the said true point of beginning of this description. PARCEL "C" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 155 as shown on the Map of Inspiration Heights, Morita 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, page 13, and being more particularly described as follows: BEGINNING at the east corner of said Section 155, said corner also being the eastern most corner of Parcel D shown on that certain reap entitled "Parcel Map of Lots 156, 157, 175, 176, 177 and 178 of Inspiration Heights, Morita Vista, City of Cupertino, Santa Clara County California", filed for record on April 3, 1968 in Book 235 of Maps, at Page 40, Santa Clara County Records; thence from said point of beginning along the North line of said Section 155, South 74°30'00" West 63.60 feet to the most westerly corner of the parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 55.71 feet to the East line of said Section 155; thence along said East line, North 13°58'00" East 25.14 feet to the said point of beginning of this description. PARCEL "D" Al I that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being described as follows: A portion of Section 151 as shown on the Map of Inspiration Heights, Morita 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, page 13, and being more particularly described as follows; BEGINNING at the Northwest corner of said Section 151; thence along the West line of said Section 151, South 13°58'00" West 25.14 feet to the Northerly line of that certain parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 113.73 feet to the East line of said Section 151; thence along said East line, North 13058'00" East 70.89 feet to the Northeast corner of said Section 151; thence along the Northerly line of said Section 151 South 76°42'06" West 127.16 feet to the said point of beginning of this description. Pag e No. 6 EX" " Bil File No. 11120593-006-A KAY PROFORMA PARCEL "E" All that certain real property situate in the City of Cupertino, County of Santa Clara, State 9f California, being described as follows: A portion of Section 114 as shown on the Map of Inspiration Heights, 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, page 13, and being more particularly described as follows: BEGINNING at a 3/4 inch diameter pipe tagged RCE 22623 located at the intersection of the Westerly line of Stevens Canyon Road (formerly Stevens Creek Road), being 40 feet wide, and the Southwesterly line of Santa Lucia Road, being 40 feet wide; thence along the Northwesterly line of said Section 114 South 76°42'06" East 105.75 feet to the Northwest corner of said Section 114; thence along the West line of said Section 114 South 13°58'00" West 70.84 feet to the Northerly line of that certain parcel of land described in the deed from Fred Voger, et ux, to Dean M. Sayre, et ux dated January 18, 1954, recorded January 20, 1954 in Book 2798 of Official Records, page 305; thence along the Northerly line of said Sayre Parcel South 82°22'06" East 94.57 feet to the said westerly line of Stevens Canyon road; thence along said Westerly line North 13°58'00" East 108.85 feet to the said point of beginning of this description. ARB No: 342-17-016 APN No: 342-17-092 AllianceTitle Notice In accordance with Section 1805 & 26131 of the Revenue & Taxation Code, a buyer may be required to withhold an amount equal to three & one- third percent of the sales price in the case of the disposition of California real property interest by either: 1) A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller. Or 2) A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the lesser of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00). Or 2) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation has a permanent place of business in California. Or 3) The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding & waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction & should not act on any statements made or omitted by the escrow or closing officer. Please call your Escrow Officer if your answer is "Yes" to any of the following questions ♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction? ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? ♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company? ♦ Do the sellers of the property reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so we may order payoff demands in a timely manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer. ♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new lender on the policy as a loss payee. ♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance Title has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from your Escrow Officer). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise from an Attorney, CPA, or other professional knowledgeable in this area. Privacy Policy for Customers We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued ' . CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, r r regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. 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