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LLA-Dexter w. & Marta E. Duncan, 18763 Barnhart Ave, APNs: 375-17-052 and 375-17-041RECORDING 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: 16622494 111111111111111111111111 Titles:l / Pages: 13 Fees.... 43.00 Taxes... Copies. AMT PAID 43.00 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of American Title Insurance Co. RDE # 001 11/19/2002 8:00 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT, DEXTER W. DUNCAN AND MARTA E. DUNCAN, HIS WIFE, AS JOINT TENANTS (PARCELS 1 AND 2) 18763 BARNHART AVENUE, APNS 375-17-052 AND 375-17-041 Original For Fast Endorsement �j2, gV1. 00 LOT LINE ADJUSTMENT Property Owner: Dexter W. Duncan And Marta E. Duncan, His Wife, As Joint Tenants (Parcels 1 And 2), 18763 Barnhart Avenue, APNs 375-17-052 And 375-17-041 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 1 and 2, as designated on the attached plat and descriptions marked Exhibits "A" and "B", and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit "C", 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 18.08.0I01-1 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 71h day of November , 2002. RALPH A. QUALLS, JR. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 BY`i2.4 U u 41 U V, EXmIBITA Planning M03300H EN(GOUVEER39 0 Co Land Surveying 7S Responsive Reliable Results Since 1953 Civil Engineering October 25, 2002 Construction Staking 02164 LEGAL DESCRIPTION LOT MERGER PARCEL ONE AND PARCEL TWO DEED DOCUMENT NO. 15200190 SANTA CLARA COUNTY RECORDS PARCEL ONE All of that certain real property in the City of Cupertino, County of Santa Clara, State of California, described in Deed Document No. 15200190 Santa Clara County Records as follows: PARCEL ONE Lot 23, Map of Tract No. 1183, filed June 23, 1953 in Book 44 of Maps, Pages 11, 12, and 13, Santa Clara County Records. PARCEL TWO All of that certain real property in the City of Cupertino, County of Santa Clara, State of California described in Deed Document No. 15200190, Santa Clara County Records as follows: PARCEL TWO Beginning at a the southeasterly corner of Lot 176, as shown on that certain Map of Tract No. 1004, recorded in Book 40 of Maps, at pages 29 and 30, Santa Clara County Records; Thence, from said Point of Beginning South 00 deg. 23 min. 00 sec. East, 52.24 feet, Thence, North 87 deg. 39 min. 53 sec. West, 50.30 feet; Thence, North 00 deg. 23 min. 00 sec. West, 49.85 feet to the southwesterly corner of said Lot 176; Thence, along the southerly line of said Lot North 89 deg. 37 min. 00 sec. East, 50. feet to the Point of Beginning. eccl EXHIBIT «A»� Page 1 of 1 355 Reed Street, Santa Clara, California 95050-310 ,, .1 . E� 9 30 • o S G' (408) 727-8262 Fax (408) 727-8285 missioneng@earthlink rTet f` • oz EXHIBITA U1'I11��DOIJV �I1V�Ol1�J��lrl1�90 Responsive Reliable Results Since 1953 October 25, 2002 LEGAL DESCRIPTION LOT MERGER — PARCEL A PARCEL ONE AND PARCEL TWO DEED DOCUMENT NO. 15200190 SANTA CLARA COUNTY RECORD Planning Land Surveying Civil Engineering Construction Staking 02164 (see Mission Engineers, Inc. Dwg. No, S12777 Exhibit "C" Attached Hereto and made a Part Hereof) PARCEL A All of that certain real property in the City of Cupertino, County of Santa Clara, State of California described as follows: PARCEL ONE All of Lot 23, Map of Tract No. 1183, filed June 23, 1953 in Book 44 of Maps, pages 11, 12 and 13, Santa Clara County Records. TOGETHER WITH all of PARCEL TWO, as described in Deed Document No. 15200190, Santa Clara County Records and described as follows: Beginning at a the southeasterly corner of Lot 176, as shown on that certain Map of Tract No. 1004, recorded in Book 40 of Maps, at pages 29 and 30, Santa Clara County Records; Thence, from said Point of Beginning South 00 deg. 23 min. 00 sec. East, 52.23 feet to the northeasterly corner of said Lot 23; Thence, along the northerly boundary line of said Lot 23; North 87 deg. 39 min. 53 sec. West, 50.30 feet to the southwesterly corner of said Lot 23; Thence, North 00 deg. 23 min. 00 sec. West, 49.85 feet to the southwesterly corner of said Lot 76; Thence, along the southerly boundary line of said Lot 76 North 89 deg. 37 min. 00 East, 50.24 feet to the Point of Beginning. 4�ofESStp� iePEAU� Herein described PARCEL A containing 7,813 square feet, more or less.10 EXHIBIT + No 0 Page 1 of 1 �. >=-K . 4 - 3 n • o 355 Reed Street, Santa Clara, California 95050-310 (408) 727-8262 Fax (408) 727-8285 missioneng @ earthlin OF �t � •oz. EXH& TI LSON ry 0 30' LOT 179 0~ 1 T R A %Ess!01?4�` rNo. 21500 V C -.. 00 00 0 co z 0 Q ry 0 J t 0- O O I � 0 I J T Ln1 0 0 z Q 4 0 z Q N 89'37'00" E 50 24' .�Z-o o- M io PARCEL TWO i� N DOC. NO. r4, ){ :v ,n rn o 15200190 N p cV o � z Q�U¢ �{N� v _ I `n S 8 7 3 9 5 rn 50.30' -H SCALE: 1 "=40' N O r � I Lo �9`oN&30 r7 � POINT OF BEGINNING z C) � �o Q O\ 3 " E � �{ C) _H d. { LOT LINE TO BE REMOVED rn m to M (� w { L o t17N I\ dN-0 0—�c N N N 0- 0 z PARCEL ONE a LOT Q 0 { DOC. NO. z 21 LOT 22 15200190 { Q TRACT { LOT 23 { LOT 24 n 13 26' 1 1 83 44 49.67' M I 1 1, 1 2 & 1 3 O M L__N 87'39'53" W PLAT OF DESCRIPTION BARNHART AVE. LOT MERGER ( WIDE) LOT 23, TRACT 1183, 44 M 11, 12 & 13 AND PARCEL TWO, DOC. NO. 15200190 EXHIBIT "p SANTA CLARA COUNTY RECORDS PAGE 1 OF 1 LYING IN THE CITY OF CUPERTINO TD CALE: 1 "=40' MM MM MM (�`� MM MM ATE 10-25-02 11V11��OLJV �LIV��LIV�� LtV� WNSS ME7 9 o CH'KD RESPONSIVE, RELIABLE RESULTS SINCE 1953 JOB NO. 02164 i Reed St. Santa Clara, Calif 95050 (408) 727-8262 FAX: (408) 727-8285 DWG. NO. S12777 SANTA CLARA COUNTY POLICY NUMBER S73 196893 ESTASLISF COPY OF EXHIBIT C POLICY OF TITLE INSURANCE CE COMPANY NCORPORATED 1902 SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, WESTERN TITLE INSUR- ANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A; against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced'by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, WESTERN TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. W Countersigned: Vice President ;OMPANY President Secretary CLTA Standard Coverage Policy-1973 TILSON AVE. 0 m C 0 m r 30 J I� ON I W m tr+ f� N I In ------� lO Qi V I------ °° "- — — — — — -� W 1f ou I W Iti — w -4 n ICE N 97 74 9773 I�—" i,, ip N — — —_{ °° cn v m I49.az o IN N $w 896 tD _ _ 90.08 cw / rW vi L4 \ O I�►1 \ \ , 114 5� 09 o_ A971 --��— 0 °S Iw L to iw i S S oN —o-- A V E.— - � �o (p .n IN I•A 62g lLn Iw 5/.p9 1� 80 I A L Ln W i� W O 90 y5 50.24 S r I — I o I A V1 _ to C's -i 50.3p V I 50.24 N �l6 I w W IA a —{ O 50.30 �50.Zy Z50N0 I 0 30 50.30 50.304 --- _— Z Z 1 10 I Ln I I p i� I� �� Io W �� U to I w 1� o OD IIoI(M I - Cn too_— W I 3493 4967 1 4966 I 4 67 49 66 I O I I� Nix I� 30 < 4967 I 49�cc i Fq A R N N ART . 4-----o- �Fl ---- n,fv I O Policy Number S 7 3 196893 LOAN NO. 506302 Amount$ 47,000.00 1. Name of Insured: SCHEDULE A Fee$ 218.20 Date of Policy April 15, 1977 MARION JAMES FEIST and MOLLIE CLAUDINE FEIST DEXTER W. DUNCAN and MARTA E. DUNCAN Order Number S U 445188 at 8:00 2. The estate or interest in the land described in Schedule C and which is covered by this policy is: A FEE -_ , 3. The estate or interest referred to herein is at Date of Policy vested in: DEXTER, W. DUNCAN and MARTA E. DUNCAI`d, his wife, as joint tenants SCHEDULE B o'clock a. m. This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART ONE Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments 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. 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any .other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or .in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Sched- ule C, or in abutting streets, roads,'avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which *the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or Iocation of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claim- ant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 mould not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. C7.TA S+amd, .O Covers,-P Policv_1971 Paee 2 Policy Number S 7 3 196893 Order Number S U 445188 SCHEDULE B (Continued) PART nVO 1. Taxes for 1977-78 a lien not yet due or payable. 2. Easement for ditch for conveying water and incidents thereto granted I- to Sorosis Fruit Company, a corporation, by instrument recorded -December 11, 1905, Book 0292 of Deeds, page 549. Affects: Parcel Two. 3. Easement for electrical purposes and incidents thereto granted to Pacific Gas and Electric Company, a corporation, by instrument re- corded March 28, 1913, Book 0397 of Deeds, page 460. Affects: Parcel Two. 1, 4. The right to water, with no surface rights included, granted to San Jose Water Works, by Deed recorded September 19, 1952, Book 2490 OR, page 619. Affects: Parcel Two. 5. Conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, with no reversionary clause, embodied in the Declaration recorded September 15, 1953, Book 2790 OR, page 412. Affects: Parcel One. 6. The right to water, with no surface rights included, granted to San Jose Water Works, by Deed recorded January 21, 1954, Book 2799 OR, page 73. Affects: Parcel One. 7. Deed,of Trust to secure payment of $34,400.00 and other sums and obligations, Dated: April 7, 1977 Trustor: Dexter W. Duncan and Tiarta E. Duncan, husband and wife Trustee: Home Federal Savings and Loan Association of San Diego, a corporation Beneficiary: Home Federal Savings and Loan Association of San Diego, a corporation Recorded: April 15, 1977 File No.: 5611500. Request that a copy of any notice of default or sale thereunder be mailed to: I,ir. and Mrs. Marion Feist 2997 Cortina Dr. San Jose, California 95132 Recorded: April 15, 1977 File No.: 5611501. continued: CLTA Standard Coverage Policy-1973 Page 3 POLICY NUKBER S73 196893 ORDER NUMBER SU 445188 8. Deed of Trust to secure payment of $4,700.00 and other sums and obligations, Dated: April 6, 1977 Trustor: Dexter W. Duncan and i a^ta E Du ncan, his wife Trustee: Western Title Insurance Company, a corporation Beneficiary: Marion James Feist and Ttollie Claudine Feist his wife, as joint tenants 9 Recorded: April 15, 1977 File No.: April POLICY NUMBER S73 196893 ORDER I1O. SU 445188 SCHEDULE C The land referred to in this policy is described'as: Those parcels of land in the City of Cupertino, County of Santa Clara,, State of California, described as follows: -. i nivLL V1V L' Lot 23, Map of Tract No. 1183, filed June 23, 1953 in Book 44 of Yaps, pages 11, 12 and 13, Santa Clara County Records. PARCEL 7,70 Beginning at the southeasterly corner of Lot 176, as shov,n on that certain Map of Tract No. 1004, recorded In.Book 40 of Maps, at pages 29 and 30, Santa Clara County Records; thence from said point of beginning south 00 deg. 23 min. 00 sec. East 52.24 feet; `hence North 87 deg. 39 min. 53 sec. West 50.30 feet thence North 00 deg. 23 min. 00 sec. West 49.85 feet to the southwesterly corner of said Lot 176; thence along the southerly line of said Lot North 89 deg. 37 min. 00 sec. East 50.24 feet to the point of beginning. INFLATION INDORSEMENT Attached to Policy No. S 3 196893 S U 445188 Issued by WESTERN TITLE INSURANCE COMPANY a corporation The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured owner, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage„ if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipula- tions, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. For the purpose of this Indorsement the term "insured owner" is defined as any insured described in paragraph 3. of Schedule A and, subject to any rights or defenses the Company may have had under said Policy and all indorsements, such insured's heirs, distributees, devisees, survivors, personal representatives or next of kin. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Dated: April 15, 1977 WESTERN TITLE INSURANCE COMPANY By NOTE: In connection with a future application for title insurance covering applicable at all) will be allowed only upon the original face amount of insur: rSuePORe�€Q c ited in Schedule A i gUCUST 21, `411FOR10- ."d ►m charges (if Policy. WTI Form HO-3 (10-16-74) x. o r� au. o Z w M 1 I � iw+ S ba Ei & E+ H o N Fb s—W