LLA-Christopher & Cynthia Henry and Gregory S. Young and Anjali S. Tate, 22085 and 22050 Rgnart Rd, APNs: 366-02-034, 366-02-038, 366-02-004, 366-02-045RECORDING REQUESTED BY
NFAL D COPY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Doc#: 16060606
1/16/2002 1139 PM
fL776'Z � �} d � (SPACE ABOVE THIS LINE FOR RECORDER -S USf:)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
LOT LINE ADJUSTMENT
Christopher Henry and Cynthia Henry,
Husband and Wife as community property
(Parcel A) APN No. 366-02-034, 366-02-038, 366-02-004
Gregory S. Young, an unmarried man, as to an undivided 62.5% interest
and Anjali S. Tate, an unmarried woman, as to an undivided 37.5% interest
(Parcel B) APN No. 366-02-045
Original
0 For Fast Endorsement
RECORDING REQUESTED BY: City of Cupertino
RETURN TO: City of Cupertino
10300 Torre Avenue
Cupertino, Ca 95014
LOT LINE ADJUSTMENT
PROPERTY OWNERS: Christopher Henry and Cynthia Henry, Husband and Wife as
Community Property (Parcel A)
APN No. 366-02-034, 366-02-038, 366-02-004
Gregory S. Young, an unmarried man, as to an undivided 62.5%
interest and Anjali S. Tate, an unmarried woman, as to an undivided
37.5% interest (Parcel B) APN No. 366-02-045
ACTIONBY THE CITYENGINEER APPROVINGA LOTLINEADJUSTMENT 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 Parcel A and B, 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 18.08.01 OH 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 "All.
Approved this day of 2001.
RALPH A. QUALLS, JR.
CITY ENGINEER
CITY OF CUPERTINO
2001 �y:
6..._
it �'- Ill .
Parcel "A"
Legal Description of
22085 Regnart Road
Cupertino, California
Prior to Lot Line Adjustment
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all the lands of Henry, as shown upon that certain Record of Survey, which was
filed for record in Book 739 of Maps, at Pages 20 and 21, on April 18, 2001, in Santa
Clara County Records.
Containing an area of 3.83 acres, more or less.
End of Description.
Parcel "A"
Legal Description of
22085 Regnart Road
Cupertino, California
After Lot Line Adjustment
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all the lands of Henry north of the centerline of Regnart Road, as shown upon that
certain Record of Survey, which was filed for record in Book 739 of Maps, at Pages 20
and 21, on April 18, 2001, in Santa Clara County Records, and being more particularly
described as follows:
Beginning at the intersection of a point on the southerly boundary of said Lands of Henry,
with the centerline of Regnart Road, as shown on said Record of Survey, said point on
said centerline being on a curve, concave to the northwest, having a radius of 300.00 feet,
and a radial bearing of South 36°29'37" East;
Thence, along said centerline of Regnart Road, Northeasterly, along said curve, through
a central angle of 8'44'19", an arc distance of 45.76 feet;
Thence, continuing along said centerline of Regnart Road, North 44046'04" East, 15.47
feet, to the beginning of a tangent curve to the left, having a radius of 380.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 18°00'00", an arc distance of 119.38 feet;
Thence, continuing along said centerline of Regnart Road, North 26°46'04" East, 45.78
feet, to the beginning of a tangent curve to the right, having a radius of 250.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 9°40'00", an arc distance of 42.18 feet;
Thence, continuing along said centerline of Regnart Road, North 36026'04" East, 18.03
feet, to a point on the northeasterly boundary of said Lands of Henry;
Thence, along the northeasterly boundary of said Lands of Henry, North 55'08'15" East,
113.46 feet;
Thence, along the boundary of said Lands of Henry, the following courses and distances:
Page 2 of 2 Pages
22085 Regnart Road
North 78°29'25" West, 168.98 feet;
North 80°57'32" West, 298.21 feet;
South 74023'25" West, 196.68 feet;
South 60°47'08" East, 657.95 feet, to the Point of Beginning.
Containing an area of 3.12 acres, more or less.
End of Description.
Parcel "B"
NO, 707,3
'fib
Legal Description of � s,
22050 Regnart Roadie
Cupertino, California
Prior to Lot Line Adjustment
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all of Parcel "A", as shown on that certain Parcel Map, which was filed for record in
Book 625 of Maps, at Pages 8 and 9, on April 9, 1991.
Containing an area of 3.165 acres, more or less.
End of Description.
74-
�\fflll
�,,
Parcel "B"
NO. 7078
Legal Description of,�
22050 Regnart Road
Cupertino, California
After Lot Line Adjustment y-
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all the Lands of Henry south of the centerline of Regnart Road, as shown upon that
certain Record of Survey, which was filed for record in Book 739 of Maps, at Pages 20
and 21, on April 18, 2001, in Santa Clara County Records, and all of Parcel "A", as shown
on that certain Parcel Map, which was filed for record in Book 625 of Maps, at Pages 8 and
9, on April 9, 1991, and being more particularly described as follows:
Beginning at the most southerly corner of said Lands of Henry, as shown on said Record
of Survey, said point also being the westerly corner of Parcel "A", as shown on said Parcel
Map;
Thence, along the southwesterly boundary of said lands of Henry, North 60047'08" West,
133.32 feet, to a point on the centerline of Regnart Road, as shown on said Record of
Survey, said point on said centerline being on a curve, concave to the northwest, having
a radius of 300.00 feet, and a radial bearing of South 36029'37" East;
Thence, along said centerline of Regnart Road, Northeasterly, along said curve, through
a central angle of 8"44'19", an arc distance of 45.76 feet;
Thence, continuing along said centerline of Regnart Road, North 44046'04" East, 15.47
feet, to the beginning of a tangent curve to the left, having a radius of 380.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 18°00'00", an arc distance of 119.38 feet;
Thence, continuing along said centerline of Regnart Road, North 26°46'04" East, 45.78
feet, to the beginning of a tangent curve to the right, having a radius of 250.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 9°40'00", an arc distance of 42.18 feet;
Thence, continuing along said centerline of Regnart Road, North 36°26'04" East, 18.03
feet, to a point on the northeasterly boundary of said Lands of Henry and on the westerly
boundary of said Parcel "A";
Iv� >ll _t l �!�
Page 2 of 2 Pages
22050 Regnart Road
Thence, along the northeasterly boundary of said Lands of Henry and on the westerly
boundary of said Parcel "A", North 55°08'15" East, 5.49 feet, to a point on the "old"
centerline of Regnart Road, as shown on said Record of Survey, said centerline being the
northwesterly boundary of said Parcel "A";
Thence, along the boundary of said Parcel "A" the following courses and distances:
North 36003'00 East, 52.92 feet;
North 26002'00" East, 53.81 feet;
South 32022'00" East, 141.41 feet;
North 8400600" East, 262.25 feet;
South 0"38'20" West, 423.29 feet;
South 82 °49'00" West, 157.51 feet;
North 4201 TOO" West, 227.70 feet;
South 80019'00" West, 126.72 feet, to the Point of Beginning.
Containing an area of 3.88 acres, more or less.
End of Description,
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. Annlicant:
Mr. Christopher Henry
1238 Heatherstone Way
Cupertino, CA 94087
RE: Escrow No. 520219
THE HENRY FAMILY TRUST
22085 Regnart Road
Cupertino, CA
Santa Clara County
PRELIMINARYREPORT DATED AUGUST 9, 2001 at 7:30 A.M.
ALL INQUIRIES AND CORRESPONDENCE REGARDING THIS ESCROW SHOULD
BE DIRECTED TO:
First American Title
1737 North First Street
San Jose, CA 95112
Tel: 408: 451-7800
Fax: 408: 451-7836
Escrow Officer: Robert Tidd
Telephone No. 408: 451-7831
1737 N. First Street, San Jose, CA (408) 451-7800 Fax (408) 451-7836
APPLICANT:
Christopher Henry
1238 Heatherstone Way
Cupertino, CA 94087
YOUR CONTACT PERSON IS
CALL
FAX NO.
ESCROW ORDER NO.
TITLE ORDER NO.
TITLE OFFICER
PROPERTY ADDRESS
t0823011c
:Robert Tidd
(408) 451-7800
(408) 451-7836
520219
520219
Michael D. Hickey/dg
22085 Regnart Road
Cupertino, CA
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
FORM B (AMENDED 10-17-92), AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR
ADDITIONAL COVERAGE IS DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of
the Policy forms should be read. They are available from the office which issued this report.
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.
Gregory P. Carlson
Assistant Vice President
Order No. 520219
Page No. 2
Dated as of August 9, 2001 at 7:30.a.m.
Title to said estate or interest at the date hereof is vested in:
CHRISTOPHER ALAN HENRY AND CYNTHIA SUSAN HENRY, TRUSTEES OF THE HENRY FAMILY
TRUST UDT dated December 11, 2000
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. General and special taxes for the fiscal year 2001-2002, alien not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. A right of way over the existing roadways as set forth in the Deed from Robert Regnart to William
Regnart, recorded May 31, 1882, in Book 63, page 402 of Deeds.
4. The terms and conditions of that certain Agreement dated June 30, 1914 relative to the establishment
of a right of way 20 feet wide, executed by Margaret Regnart, a widow, et al, recorded April 29, 1915
in Book 32, page 63 of Miscellaneous Records.
Reference is hereby made to the record for further particulars.
5. The Reservation contained in the Deed from William Regnart to Marjorie Regnart, Dated May 27, 1916
and recorded in the office of the County Recorder of Santa Clara County, State of California, on
September 30, 1916 in Book 448 of Deeds, page 341, as follows:
"Reserving the water pipe now crossing said property from spring on land South of it to land of Grantor
on the North and the right of entry to maintain and repair said water pipe. Excepting the water in and
the pipe line above described."
6. An easement for water pipelines and incidental purposes, recorded May 13, 1966 in Book 7380, page
543 of Official Records.
In Favor of : Reglin Mutual Water Company
Said matter affects a 10 foot strip within the Easterly portion of premises..
7. An easement for public roadway and incidental purposes, recorded July 6, 1979 in Book E619, page
358 of Official Records.
In Favor of : City of Cupertino
Said matter affects Regnart Road.
Order No. 520219
Page No. 3
8. Rights of parties in possession.
9. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey.
10. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
INFORMATIONAL NOTES
1. LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
A document recorded January 31, 2000 as 15138454 of Official Records.
From Genevieve Ziegler
To Christopher Henry and Cynthia Henry, husband and wife as community
property
A document recorded January 8, 2001 as 15519626 of Official Records.
From Christopher Henry (who took title as Christopher Henry) and Cynthia Henry,
husband and wife, as community property
To : Christopher Alan Henry: and Cynthia Susan Henry, Trustees of The Henry
Family Trust UDT dated December 11, 2000
2. General and special taxes and assessments for the fiscal year 2000-2001.
First Installment
$108.08 paid
Penalty
; $-0-
Second Installment
$108.08 paid
Penalty
$-0-
Tax Rate Area
: 13-055
A. P. No.
: 366-02-004
3. Supplemental taxes for the fiscal year 1999-2000 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment : $394.64 paid
Second Installment $394.64 paid
Tax Rate Area 13-055
A. P. No. 366-02-004-91
4. Supplemental taxes for the fiscal year 1999-2000 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $937.99 paid
Second Installment $937.99 paid
Tax Rate Area 13-055
A. P. No. 366-02-004-92
(INFORMATIONAL NOTES CONTINUED NEXT PAGE)
Order No. 520219
Page No. 4
INFORMATIONAL NOTES: (Continued)
5. General and special taxes and a§sessments for the fiscal year 2000-2001
First Installment
$200.31 paid
Penalty
$-0-
Second Installment
$200.31 paid
Penalty
$-0-
Tax Rate Area
13-055
A. P. No.
366-02-034
Supplemental taxes for the fiscal year 1999-2000 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $1,494.52 paid
Second Installment $1,494.52 paid
Tax Pate Area 13-055
A. P. No. 366-02-034-91
7. Supplemental taxes for the fiscal year 1999-2000 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $3,554.48 paid
Second Installment $3,554.48 paid
Tax Rate Area 13-055
A. P. No. 366-02-034-92
8. General and special taxes and assessments for the fiscal year 2000-2001.
First Installment
$70.07 paid
Penalty
$-0-
Second Installment
$70.07 paid
Penalty
$-0-
Tax Rate Area
13-055
A. P. No.
366-02-038
9. Supplemental taxes for the fiscal year 1999-2000 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $488.47 paid
Second Installment $488.47 paid
Tax Rate Area 13-055
A. P. No. 366-02-038-91
10. Supplemental taxes for the fiscal year 1999-2000 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $1,162.15 paid
Second Installment $1,162.15 paid
Tax Rate Area 13-055
A. P. No. 366-02-038-92
11. Basic rate applies.
(INFORMATIONAL NOTES CONTINUED NEXT PAGE)
Order No. 520219
Page No. 5
INFORMATIONAL NOTES: (Continued)
12. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
13. Prior to the issuance of any policy of title insurance, the Company will require:
With respect to the trust referred to in the vesting:
a. A certification pursuant to Section18500.5 of the California Probate Code in a form
satisfactory to the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
C. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
14. SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
15. IN CONNECTION with the above -numbered transaction, the following address will be shown on any
116 endorsement issued to an approved lenders policy.
22085 Regnart Road
Cupertino, CA
Order No. 520219
Page No. 6
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Beginning at a stake marked R. 10 and 1-1/4" iron pipe standing in the Northerly line of the 15 acre tract
deeded by William Regnart to Margaret Regnart by Deed dated October 30, 1909 and recorded October 30,
1909 in Book 350 of Deeds, page 382, records of Santa Clara County, and being distant S 610 38' E, 3.20
chs. from the Northernmost corner of said tract being in the West line of the SE 1/4 of the NE 1/4 of Sec. 27,
T.7 S.R. 2W., and running thence along the Northerly line of said 15 acre tract, S 610 38' E, 12.15 chs. to
a stake marked R.2 being one of the corners in the North line of said tract and from which stake a Laurel 12"
in diameter marked B.T. R. 2 bears N 37Y20 W 11.7 links; thence leaving the Northerly line of said tract and
running N 300 E, 4 chs. to a stake marked R.6. and 3/4" iron pipe; thence N 54° W. 3.40 chs. to a stake
marked R.7 and 3/4" iron pipe; thence N. 790 50 W. 2.55 chs. to a stake marked R. 8 and 3/4" iron pipe;
thence N. 810 40' W. 4.53 chs. to a stake marked R. 9 and 3/4" pipe and thence S. 730 40' W. 3 chs. to the
place of beginning, and being a part of the S.E. 114 of the N.E. 1/4 of Section 27.T. 7. S.R. 2 W. M.D.M.
courses true. Variation 17 3/4° E.
And being shown as "Lands of Henry" on record of survey recorded April 26, 2001 in Book 739 of Maps,
pages 20 through 21, Santa Clara County Records.
APN: 366-02-004, 034, 038
ARB: 366-02-004, 005
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
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 notice 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. (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, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
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 () the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the land; (lit) 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 has 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.
3. 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 dale 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
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or interest Insured by this
policy.
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 the 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 their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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 location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions
of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. 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 and not shown by the
public records 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 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 (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by
this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following
exceptions to coverage appear in the policy.,
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances 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 public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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 location 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.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. 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 and not shown by the
public records 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 (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance
Is afforded herein as to assessments for street improvements under construction or completed at Date of Policy.)
C Unenforceabilily of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing
business' laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lender Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and
the following exceptions to coverage appear in the policy.
SCHEDULE 8
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
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.
2. Any facts, rights, interests, or claims which are shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for service, labor or material theretofore or hereafter furnished, imposed by taw and not shown by the public records.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
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 location of any Improvement now or hereafter erected on the land, (tit) a separation in ownership or a change
in the dimensions or area of the land or any parcel ofwhich 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 has
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 the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. 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 lien for services, labor or
material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceabilily 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 the applicable *doing business' laws of the state in which the land Is situated.
S. Invalidity or unenforceabilily 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 of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an
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
(it) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(III) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following
exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
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.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
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 public records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
Any lien, or right to lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of;
1.(a) Any law, ordinance or governmental regulation Qncluding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to () the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (lit) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is orwas 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 has
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 encumbrances 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.
3. 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; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
creditors' rights laws, that is based on:
() the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to Umely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy Is used as a Standard Coverage Pollcy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following
exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
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.
Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
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 public records.
Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or Utie to water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
land use land division
improvements on the land environmental protection
This exclusion does not apply to violation or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to use, on the Policy Date -unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
Form No. 1491.EAGLE (10/98)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY'
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
C. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the
Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17, or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24, or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A ENDORSEMENT FROM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
2.
3.
(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 location 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
has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15,
16, and 24 of this 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. This
exclusion does not limit the coverage provided under insuring provisions 14, 15, 16, and 24 of this policy.
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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16. 17, 19,
20. 21, 23, 24, and 25); 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:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or.truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from
the failure:
(i) to timely record the instrument of transfer, or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage
provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens,
encumbrances and other matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as
a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.-
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise:
NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry
of persons in possession thereof.
3. Easements, claims of easements or encumbrances 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 public records.
& Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise:
NONE.
1 2 3
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Applicant:
Mr. Gregory Young
22050 Regnart Road
Cupertino, CA 95014
RE: Escrow No. 520219-1
GREGORY S. YOUNG
22050 Regnart Road
Cupertino, CA
Santa Clara County
PRELIMINARY REPORT DATED AUGUST 10, 2001 at 7:30 A.M.
ALL INQUIRIES AND CORRESPONDENCE REGARDING THIS ESCROW SHOULD
BE DIRECTED TO:
First American Title
1737 North First Street
San Jose, CA 95112
Tel: 408: 451-7800
Fax: 408: 451-7836
Escrow Officer: Robert Tidd
Telephone No. 408: 451-7831
1737 N. First Street, San Jose, CA (408) 451-7800 Fax (408) 451-7836
APPLICANT:
Gregory Young
22050 Regnart Road
Cupertino, CA 95014
YOUR CONTACT PERSON IS
CALL
FAX NO.
ESCROW ORDER NO.
TITLE ORDER NO.
TITLE OFFICER
PROPERTY ADDRESS
t0831011c
:Robert Tidd
(408) 451-7800
(408) 451-7836
520219-1
520219-1
Michael D. Hickey/mwlme
22050 Regnart Road
Cupertino, CA
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title,
insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
- (AMENDED 10-17-92) WITH REGIONAL EXCEPTIONS, AND A SPECIFIC REQUEST SHOULD BE MADE
IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of
the Policy forms should be read. They are available from the office which issued this report.
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 awritten 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.
Gregory P. Carlson
Assistant Vice President
Order No. 520219-1
Page No. 2
Dated as of August 10, 2001 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
GREGORY S. YOUNG, an unmarried man, as to an undivided 62.5% interest and ANJALI S. TATE, an
unmarried woman, as to an undivided 37.5% interest as tenants in common
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. General and special taxes for the fiscal year 2001-2002, alien not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California; Revenue and Taxation Code.
3. An easement for installing, pumping equipment and the right of ingress and egress and incidental
purposes, recorded July 19, 1948 in Book 1648, page 269 of Official Records.
In Favor of : Cecil H. Mahon, et ux
Said matter affects as shown on the Map and described as follows:
Beginning at a 3/4 inch pipe in the center of a creek in the Northeasterly line of that certain 3.87 tract
of land conveyed by William Regnart to Marjorie Regnart, as recorded in Volume 448 of Deeds, page
341, records of Santa Clara County, California, said point of beginning being North 540 West 73.62
feet from a 3/4 inch pipe and a 2" x 3" stake marked "R6" at the. most Easterly corner of said 3.87 acre
tract and running thence along the Northeasterly line, North 540 West 40.85 feet to a YZ inch pipe in
the center of a road; thence along said centerline of said road, North 36° 05' East 25.00 feet leaving
said center line and running South 540 East 45.24 feet to a point; thence South 23° 27' West 25.61
feet to a point in the Northeasterly line of said 3.87 acre tract of land; thence along said Northeasterly
line, North 540 West 10.00 feet to the place of beginning.
4. Possible assessments under water assessment district disclosed by Declaration of Reglin Mutual
Water Company, recorded July 20, 1964 in Book 6589, page 416, Official Records.
5. An easement for public roadway together with the right to construct, repair, operate and maintain any
and all public utilities and improvements and incidental purposes, recorded July 6, 1979 in Book E619,
page 329 of Official Records.
In Favor of : City of Cupertino
Said matter affects Westerly portion of said land.
6. An easement shown or dedicated on the Map as referred to in the legal description
For : Public Service Easement and incidental purposes.
Said matter affects Northerly portion of the premises.
Order No. 520219-1
Page No. 3
7. The terms and provisions contained in the document entitled "Covenants Running with the Land"
recorded April 10, 1991 in Book L670, page 1993 of Official Records.
8. The terms and provisions contained in the document entitled "Declaration of Covenants Running with
the Land" recorded April 30, 1991 in Book L693, page 0870 of Official Records.
9. Any right, title or interest of the spouse (if any) of any married vestee herein.
INFORMATIONAL NOTES
1. LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
None
2. General and special taxes and assessments for the fiscal year 2000-2001.
First Installment $5,110.46 paid
Penalty ; $-0-
Second Installment $5,110.46 paid
Penalty $-0-
Tax Rate Area 13-021
A. P. No. : 366-02-045
3. Basic rate applies.
4. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
5. SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
6. IN CONNECTION with the above -numbered transaction, the following address will be shown on any
116 endorsement issued to an approved lenders policy.
22050 Regnart Road
Cupertino, CA
Order No. 520219-1
Page No. 4
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Parcel A, as shown on that, certain Parcel Map filed for record in Office of the Recorder of the County of Santa
Clara, State of California on April 9, 1991 in Book 625 of Maps, page(s) 8 and 9.
APN: 366-02-045
ARB: 366-2-7.01
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company Will not pay costs, attorneys' fees or expenses) which arise by reason of:
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 notice 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, orclaims thereof, which.are not shown by the public records.
4• Discrepancies, conflicts in boundarylines, 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, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of-
1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
to i the occupancy, 9 prohibiting a Se or relating
O p cy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement whereafter 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 has 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.
3. 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 theinsured 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 for the estate or interest Insured by this
policy.
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 the applicable "doing business' laws of the stale 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 their policy or the transaction creating the Interest of the Insured tender, by reason
of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1 • Any law, ordinance or governmental regulation Qncluding 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 location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions
of area of the land, or the effect of any violation of any such law, ordinance, or governmental regulation.
2• Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy.
3• 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 and not shown by the
public records 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 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 Dale of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by
this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following
exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3_ Easements, claims of easement or encumbrances 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 public records.
5. Unpatented mining claims, reservations or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or title to water.
6• Any lien, or right to a lien, for services• labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1 • 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 location 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.
2, Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. 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 and not shown by the
public records but known to the insured claimant either at Date of Policy or at the dale 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 ordamage to the insured
claimant: (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance
is afforded herein as to assessments for street improvements under construction or completed at Date of Policy.)
4. Unenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable'd
business' laws of the state in which.the land is situated. oing
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lender Polity Is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and
the following exceptions to coverage appear In the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One;
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies takes or assessments on real property or by the public records.
2. Any facts, rights. Interests, or claims which are shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6• Any lien, or right to a lien, for service, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992.
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following metiers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of.
Ida) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the
occupancy, use, or enjoyment of the land; (if) the character, dimensions or location 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 has
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 the Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. 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 lien for services labor or
material or 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 the 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 of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Dale 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 cut 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
III) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or .
the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the following
exceptions to coverage appear in the policy.
SCHEDULE 8
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances 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 b
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. Y Public records.
6• Any lien, or right to lien, for services, labor or material theretofore. or hereafter furnished. Imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason oF.
1 •(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulatin
occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land, (ill) a separet onProhibiting ownership or a change
in the dimensions Crates of the land or any parcel of which the land is orwas 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.has
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 noticeof the exercise thereof or a notice of a defect, lien or encumbrances 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.
3. Defects,11ens, 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; or
(e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy,
creditors' rights laws, that Is based on: p cY, slate insolvency, or similar
(1) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer or
(11) the transaction creating the estate or interest insured by this polity being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the Instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 aboveare used and the following
exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
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.
2. Any facts, rights, interests; or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons In possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by: the public records.
4. Discrepancies, conflicts in boundary tines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown b
5• Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims of title to water. Y Public records.
8• Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not Insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation.
land use land division This Includes building and zoning ordinances and also laws and regulations concerning:
improvements on the land This excluenvironmental protectionslon does not apply to violation or the enforcement of these matters which appear In the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The tight to take the land by condemning It, unless;
a notice of exercising the right appears in the public records on the Policy Date
3• Title Risks:
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
�
that are created, allowed, or agreed to by you
that are known to you, but not to use, on the Policy Dale -unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
1. Failure to pay value for your title.
5• Lack of a tight:
to any land outside the area specifically described and referred to in Item 3 of Schedule A. or
In streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
Form No. 1491.EAGLE (10/98)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions In Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1, Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning.
a. building
b. zoning
C. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the
Policy Data.
This Exclusion does not limit the coverage described In Covered Risk 14, 15, 16, 17, or24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to
violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning lt, unless:
a a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24, or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.TJ1 ENDORSEMENT FROM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
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 (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location 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
has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15,
16. and 24 of this 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. This
exclusion does not limit the coverage provided under Insuring provisions 14, 15; 16, and 24 of this 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 Data of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. 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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19.
20, 21, 23, 24, and 25); or
(a) 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:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from
the failure:
to timely record the instrument of transfer, or
(11) of such recordation to impart notice to a purchaser for value Ora judgment or lien credltor.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage
provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens,
encumbrances and other matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the insured Mortgage which changes the rate of interest charged, if the rate of interest is: greater as
a result of the modification than it would have been before the modification.;
This exclusion does not limit the coverage provided under Insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
1• Environmental protection liens provided for by the following existing statutes, which liens will have prio
NONE. rity over the lien of the Insured Mortgage when they arise:
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the
exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear In the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
Part One:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertai
of persons in possession thereof. ned by an inspection of said land or by making inquiry
3. Easements, claims of easements or encumbrances 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 public records.
5• Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6• Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise:
NONE.
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V
RECORDING REQUESTED BY
First American Title Guaranty Company
Order No. 520219
Escrow No. 520219
Loan No.
WHEN RECORDED MAIL TO:
Gregory Young and Anjali Tate
22050Regnart Road
Cupertino, CA 95014
u vra o
Doc#: 16060608
1/16/2002 1:39 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
o") -o/
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX: NONE
Gregory Young and Anjali Tate DOCUMENTARY TRANSFER TAX: NONE -LOT LINE DEED
22050 Regnart Road SURVEY MONUMENT FEE $10.00
Cupertino, CA 95014 Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
APN 366-02-038 & 366-02-045 THIS DEED IS BEING RECORDED TO
GRANT DEED
CONFIRM THAT CERTAIN LOT LINE
�
Tom/ C�� f� ADJUSTMENT RECORDED CONCURRENTLY
HEREWITH
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Gregory S. Young, an unmarried man, as to an undivided 62.5% interest and Anjali S. Tate, an unmarried
woman, as to an undivided 37.5% interest as tenants in common
hereby GRANT(S) to
Gregory S. Young, an unmarried man, as to an undivided 62.5% interest and Anjali S. Tate, an unmarried
woman, as to an undivided 37.5% interest as tenants in common
the real property in the City of
County of
CUPERTINO
SANTA CLARA
, State of California, described as
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated September 19, 2001
}
STATE OF CALIFORNIA }ss.
COUNTY OF JQ A'� c l q rez }
On YUCJtl
before me, 4 61 -t SCA personally
appeared c: a ' cLi
-
5 . i C� tP
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the pers n ) or the entity upon behalf of which the
person(s) acted, a the instrument.
WITNESS my ha an official seal.
Signature
°•.�
P. J. GRAYSON
t�
i0
COMM. # 1178256
17
NOTARY PUBLIC•CALIFORNIA
0
SANTA CLARA COUNTY
,F n
COMM. EXP. APRIL 13, 2002'�
SALE.GD (Rev 5/01) " MAIL TAX STATEMENTS AS SHOWN ABOVE Mis area for official notarial seal)
Parcel "B"
Legal Description of
22050 Regnart Road
Cupertino, California
After Lot Line Adjustment
All that certain real properly in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all the Lands of Henry south of the centerline of Regnart Road, as shown upon that
certain Record of Survey,. which was filed for record in Book 739 of Maps, at Pages 20
and 21, on April 18, 2001, in Santa Clara County Records, and all of Parcel "A", as shown
on that certain Parcel Map, which was filed for record in Book 625 of Maps, at Pages 8 and
9, on April 9, 1991, and being more particularly described as follows:
Beginning at the most southerly corner of said Lands of Henry, as shown on said Record
of Survey, said point also being the westerly corner of Parcel "A", as shown on said Parcel
Map;
Thence, along the southwesterly boundary of said lands of Henry, North 60047'08" West,
133.32 feet, to a point on the centerline of Regnart Road, as shown on said Record of
Survey, said point on said centerline being on a curve, concave to the northwest, having
a radius of 300.00 feet, and a radial bearing of South 36029'37" East;
Thence, along said centerline of Regnart Road, Northeasterly, along said curve, through
a central angle of 8044'19", an arc distance of 45.76 feet;
Thence, continuing along said centerline of Regnart Road, North 44046'04" East, 15.47
feet, to the beginning of a tangent curve to the left, having a radius of 380.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 18°00'00", an arc distance of 119.38 feet;
Thence, continuing along said centerline of Regnart Road, North 26°46'04" East, 45.78
feet, to the beginning of a tangent curve to the right, having a radius of 250.00 feet;
Thence, continuing along said. centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 9"40'00", an arc distance of 42.18 feet;
Thence, continuing along said centerline of Regnart Road, North 36°26'04" East, 18.03
feet, to a point on the northeasterly boundary of said Lands of Henry and on the westerly
boundary of said Parcel "A";
Page 2 of 2 Pages
22050 Regnart Road
Thence, along the northeasterly boundary of said Lands of Henry and on the westerly
boundary of said Parcel "A", North 55°08'15" East, 5.49 feet, to a point on the "old"
centerline of Regnart Road, as shown on said Record of Survey, said centerline being the
northwesterly boundary of said Parcel "A";
Thence, along the boundary of said Parcel "A" the following courses and distances:
North 36003'00 East, 52.92 feet;
North 26002'00" East, 53.81 feet;
South 32 °22'00" East, 141.41 feet;
North 84005'00" East, 262.25 feet;
South 0038'20" West, 423.29 feet;
South 82049'00" West, 157.51 feet;
North 4201100" West, 227.70 feet;
South 80 ° 19'00" West, 126.72 feet, to the Point of Beginning.
Containing an area of 3.88 acres, more or less.
End of Description.
RECORDING REQUESTED BY
First American Title Guaranty Company
Order No. 520219
Escrow No. 520219
Loan No.
WHEN RECORDED MAIL TO:
Christopher Henry
1238 Heatherstone Way
Cupertino, CA 94087
04-3,41PI-1-11101MED COPY
Doc# 16060609
1/16/2002 1:39 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: I The undersigned grantor(s) declare(s):
CITY TRANSFER TAX: NONE
Christopher Henry DOCUMENTARY TRANSFER TAX: NONE -LOT LINE DEED
1238 Heatherstone Way SURVEY MONUMENT FEE $10.00
Cupertino, CA 94087 Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
APN 366-02-004 8 366-02-034 )
THIS DEED IS BEING RECORDED TO
CONFIRM THAT CERTAIN LOT LINE
/-1*17-Ir�o GRANT DEED ADJUSTMENT RECORDED CONCURRENTLY
HEREWITH
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Christopher Alan Henry and Cynthia Susan Henry, Trustees of The Henry Family Trust UDT dated
December 11, 2000
hereby GRANT(S) to
Christopher Alan Henry and Cynthia Susan Henry, Trustees of The Henry Family Trust UDT dated
December 11, 2000
the real property in the City of
County of
CUPERTINO
SANTA CLARA
, State of California, described as
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated September 19, 2001
}
STATE OF CALIFORNIA }ss.
COUNTY OF
On / j CL,>--
before me, - /J y l personally
appeared Y/
4c yl ct C rt '
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and th by his/her/their signature(s) on the
instrument the perso s) r the entity upon behalf of which the
person(s) acted, exe uted �a��//instrument.
WITNESS my hand In o (dal seal.
Signature
Christopher Alan Henry, he Henry Family
Trust UDT dated Dee 11, 2000
Cynthia Susan Henry, Trustee of The e ry ily
Trust UDT dated December 11, 2000
w. P. J. GRI YS0S 7,
Come. # 11-1 256
U NOTARY PUBLIC•CALIFORNIA n
SANTA CLARA COUNTY y
comm. "P• APRIL 13, 2002
.
SALEM (Rev 5/01) U MAIL TAX STATEMENTS AS SHOWN ABOVE (This area for official notarial seal)
c g-
Parcel "A"
Legal Description of
22085 Regnart Road
Cupertino, California
After Lot Line Adjustment
h'O 7078
'g\\ Erp. 11-3/-cL
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all the lands of Henry north of the centerline of Regnart Road, as shown upon that
certain Record of Survey,, which was filed for record in Book 739 of Maps, at Pages 20
and 21, on April 18, 2001, in Santa Clara County Records, and being more particularly
described as follows:
Beginning at the intersection of a point on the southerly boundary of said Lands of Henry,
with the centerline of Regnart Road, as shown on said Record of Survey, said point on
said centerline being on a curve, concave to the northwest; having a radius of 300.00 feet,
and a radial bearing of South 36°29'37" East;
Thence, along said centerline of Regnart Road, Northeasterly, along said curve, through
a central angle of 8°44'19", an aFc distance of 45.76 feet;
Thence, continuing along said centerline of Regnart Road, North 44046'04" East, 15.47
feet, to the beginning of a tangent curve to the left, having a radius of 380.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 18"00'00", an arc distance of 119.38 feet;
Thence, continuing along said centerline of Regnart Road, North 26°46'04" East, 45.78
feet, to the beginning of a tangent curve to the right, having a radius of 250.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 9°40'00", an arc distance of 42.18 feet;
Thence, continuing along said centerline of Regnart Road, North 36°26'04" East, 18.03
feet, to a point on the northeasterly boundary of said Lands of Henry;
Thence, along the northeasterly boundary of said Lands of Henry, North 55008'15" East,
113.46 feet;
Thence, along the boundary of said Lands of Henry, the following courses and distances:
Ex—MAiMI1
Page 2 of 2 Pages
22085 Regnart Road
North 78 °29'25" West, 168.98 feet;
North 80057'32" West, 298.21 feet;
South 74023'25" West, 196.68 feet;
South 60°47'08" East, 657.95-feet, to the Point of Beginning.
Containing an area of 3.12 acres, more or less.
End of Description.
RECONDING :REQUESTED BY
First. American Title Guaranty Company
Order No. 520219
Escrow No. 520219
Loan No.
WHEN RECORDED MAIL TO:
Gregory Young and Anjali Tate
22050 -Regnart Road
Cupertino, CA 95014
0a - 0/
Doc#: 16060607
1/16/2002 1:39 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX: NONE
Gregory Young and Anjali Tate DOCUMENTARY TRANSFER TAX $ 110.00
22050 Regnart Road SURVEY MONUMENT FEE $10.00
Cupertino, CA 95014 X Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
APN 366-02-038.;
1"W5 9
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Christopher Alan Henry and Cynthia Susan Henry, Trustees of The Henry Family Trust UDT dated
December 11, 2000
hereby GRANT(S) to
Gregory S. Young, an unmarried man, as to an undivided 62.5% interest and Anjall S. Tate, an unmarried
woman, as to an undivided 37.5% interest as tenants in common
the real property in the City of
County of
CUPERTINO
SANTA CLARA
, State of Califomia, described as
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated September 19, 2001
}
STATE OF CALIFORNIA )Ss.
COUNTY OF SC} ✓14Ct CA rci 1
On 10 2-
before me, /�1 � personally
appeared r/s 1q 'l 4 J Y �{
P4 (3 Gj:,t0
personally known to me (or proved to me oK the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and t by his/her/their signature(s) on the
instrument the per on( or the entity upon behalf of which the
person(s) acted, x u the instrument.
WITNESS my h d an the
seal.
Signature
i
Christopher Alan Henry, Tr e of The Henry Family
Trust UDT dated December 11, 2000
Cynthia Susan Henry, Trustee of The h ry Family
Trust UDT dated December 11, 2000
U `3�
Q �w
C OMM. #�1178 56
NOTARY PUBLIC-CALIFORNIA
SANTA CLARA COUNTY 0
a.
COMM. EXP. APRIL 13, 2002 -4
SALE.GD (Rev 5/01) 1 / MAIL TAX STATEMENTS AS SHOWN ABOVE (This area for official notarial seal)
A.
Parcel "B" NO. 7078 �
-Legal Description of
22050 Regnart Road
Cupertino, California
After Lot Line Adjustment
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being all the Lands of Henry south of the centerline of Regnart Road, as shown upon that
certain Record of Survey,. which was filed for record in Book 739 of Maps, at Pages 20
and 21, on April 18, 2001, in Santa Clara County Records, and all of Parcel "A", as shown
on that certain Parcel Map, which was filed for record in Book 625 of Maps, at Pages 8 and
9, on April 9, 1991, and being more particularly described as follows:
Beginning at the most southerly corner of said Lands of Henry, as shown on said Record
of Survey, said point also being the westerly corner of Parcel "A", as shown on said Parcel
Map;
Thence, along the southwesterly boundary of said lands of Henry, North 60047'08" West,
133.32 feet, to a point on the centerline of Regnart Road, as shown on said Record of
Survey, said point on said centerline being on a curve, concave to the northwest, having
a radius of 300.00 feet, and a radial bearing of South 36029'37" East;
Thence, along said centerline of Regnart Road, Northeasterly, along said curve, through
a central angle of 8"44'19", an arc distance of 45.76 feet;
Thence, continuing along said centerline of Regnart Road, North 44046'04" East, 15.47
feet, to the beginning of a tangent curve to the left, having a radius of 380.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 18°00'00", an arc distance of 119.38 feet;
Thence, continuing along said centerline of Regnart Road, North 26046'04" East, 45.78
feet, to the beginning of a tangent curve to the right, having a radius of 250.00 feet;
Thence, continuing along said centerline of Regnart Road, Northeasterly, along said
curve, through a central angle of 9"40'00", an arc distance of 42.18 feet;
Thence, continuing along said centerline of Regnart Road, North 36026'04" East, 18.03
feet, to a point on the northeasterly boundary of said Lands of Henry and on the westerly
boundary of said Parcel "A";
Page 2 of 2 Pages
22050 Regnart Road
Thence, along the northeasterly boundary of said Lands of Henry and on the westerly
boundary of said Parcel "A", North 55'08'15" East, 5.49 feet, to a point on the "old"
centerline of Regnart Road, as shown on said Record of Survey, said centerline being the
northwesterly boundary of said Parcel "A";
Thence, along the boundary of said Parcel "A" the following courses and distances:
North 36003'00 East, 52.92 feet;
North 26°02'00" East, 53.81 feet;
South 32022'00" East, 141.41 feet;
North 84005'00" East, 262.25 feet;
South 0°38'20" West, 423.29 feet;
South 82049'00" West, 157.51 feet;
North 42011'00" West, 227.70 feet;
South 80019'00" West, 126.72 feet, to the Point of Beginning.
Containing an area of 3.88 acres, more or less.
End of Description.