Loading...
LLA-21727 Granada Ave-APNs: 357-17-043, 357-17-113, 357-17-998, 357-17-043RECORDI-NG REQUESTED BY CITY OF CUPERTINO WHEN RECORDED MAIL TO: CITY OF CUPERTINO PUBLIC WORKS DEPT. 10300 TORRE AVENUE '014 CUPERTINO, CA 95014 G01q �40 NN PUBLIC WORKS N8 I 2PA'U"E 1348 MAY 0 11995 12854001 REC FEE I U,� RMF Recorded at the Request of MICRO First American Title Guaranty Co RTCF 4(jl- APR - 6 1995 8:00 LIEN A.M. SMPF BRENDA DAVIS, Recorder TC/PCO Santa Clara Coo, Official Records ( SPACE ABOVE THIS LINE FOR RECORDER'S USE ) ACCOMMODAT10N LOT LINE ADJUSTMENT DOCUMENT TITLE SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 2P�GE1349 q5- i RETURN TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 • 1 1' � 1. 1 Is PI43PII2TY CX*M: TES M. EMM, a married man, as his sole and separate property, as to an undivided 1/4 interest, JAMFS F. EEMPBIEL , a married man, as his sole and separate prcpe-t'y, as to an undivided 1/4 interest, J. RIB THESIlM, a mar er7 man, as his sole and separate property, as to an undivided 1/4 interest and John B. Rabn and Polly S. Rahn, co-trnjstePs of the 1983 RABN LIVIlU Ur, dated 10/12/83, as to an undivided 1/4 interest (lots 14 & 15) ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCEL • �• 1 1111' • • - 11'� / • A request for a lot line adjustment between Lots 14 & 15, as designated on the attached plat and descriptions marked Exhibit "A", "B", "C", "D" and "E", and attached hereto, has been sutani.tted by the record owners of the above properties (as shown in Exhibit "F", 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 s and findings and by the authority of Section 18-1.202.3C of the City 3upertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from that specified on the preliminary title report designated on Exhibit "F" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "A", "B", "C", "D" and "E". Approved this � day of 1995. I: II•� i `I • •+ I 4 a N812PAGE1350 EXHIBIT A (LOT 14, EXISTING CONFIGURATION) Consisting of Lot 14 as shown on that certain map entitled '' Subdivision No. 1 Town of, Monta Vista in the S.W. 1/4 of Sec 14 T. 7S, R. 2 W." recorded in Boob M of maps at page 4, Santa Clara County Records and described as follows: BEGINNING at the Northwesterly corner of the above mentioned Lot 14; thence East 130.00 feet to the Northeasterly corner of said Lot 14; thence South 25.00 feet to the southeasterly corner of Lot 14; thence along the dividing line between Lots 14 and 15 West 130.00 feet to the Southwesterly corner of Lot 14; thence North 25.00 feet to the point of BEGINNING. Consisting 3,250 square feet and lying within the limits of incorporation of the City of Cupertino, California. QROF ESS/p\ 9l W�ME fN0. 4597 sf9r crvi� N812PaGE;351 EXHIBIT B (LOT 15, EXISTING CONFIGURATION) Consisting of Lot 15 as shown on that certain map entitled '' Subdivision No. 1 Town of? Monta Vista in the S.W. 1/4 of Sec 14 T. 7S, R. 2 W. recorded in Book M of maps at page 4, Santa Clara County Records and described as follows: BEGINNING at the Southeasterly corner of the above mentioned Lot 15; thence West 130.00 feet to the Northwesterly corner of said Lot 15; thence North 25.00 feet to the Northwesterly corner of Lot 15; thence along the dividing line between Lots 14 and 15 East 130.00 feet to the Northeasterly corner of Lot 15; thence South 25.00 feet to the point of BEGINNING. Consisting 3,250 square feet and lying within the limits of incorporation of the City of Cupertino, California. Qqf ESS/ONq ti�v�kOQ��S E. ryF� Fc No. 20 w m '> CIVIL ���� Ns12PAGE 1352 E MBIT C (LOT 1, PROPOSED CONFIGURATION) A portion of Lots 14 and 15 as shown on that certain map entitled " Subdivision No. 1 Town of Monta Vista in the S.W. 1/4 of Sec 14 T. 7S, R. 2 W.'' recorded in Book M of maps at page 4, Santa Clara County Records and described as follows: BEGINNING at the Southeasterly corner of the above mentioned Lot 15; thence along the Southerly line of Lot 15 West 65.00 feet; thence North 50.00 feet to a point on the Northerly line of the above mentioned Lot 14; thence along that Northerly line of Lot 14 East 65.00 feet to the Northeast corner of the above mentioned Lot 14; thence along the Easterly line of Lots 14 and 15 South 50.00 feet to the point of BEGINNING. Consisting 3,250 square feet and lying within the limits of incorporation of the City of Cupertino, California. QROfESS/pN �I��0 �; �11 - C= f 9 -117 L 9l CIVI1 N8 1 2PAGE- 1 353 EXHIBIT D (LOT 2, PROPOSED CONFIGURATION) A portion of Lots 14 and 15 as shown on that certain map entitled " Subdivision No. 1 Town of Monta Vista in the S.W. 1/4 of Sec 14 T. 7S, R. 2 W." recorded in Book M of maps at page 4, Santa Clara County Records and described as follows: BEGINNING at the Northwesterly corner of the above mentioned Lot 14; thence along the Northerly line of Lot 14 East 65.00 feet; thence South 50.00 feet to a point on the Southerly line of the above mentioned Lot 15;'thence along that Southerly line of Lot 15 West 65.00 feet to the Southwest corner of the above mentioned Lot 15; thence along the Westerly line of Lots 15 and 14 North 50.00 feet to the point of BEGINNING. Consisting 3,250 square feet and lying within the limits of incorporation of the City of Cupertino, California. Q�pFESS/ 9 E. NFLee- z No. 20 97 rn N$12PAUHE 354 1 M 9 O W Y (n M �m0 zFZ U s i,.EE.v Lii — z w nj pF-- a c") l� 5wz �a¢0o ~ZujU ,l < FoNU �'I1 Id Y y m x a Y s Yd z �Z E'' F-��' a N n L' N W 0 '�<OV¢ tn -uoi toZWn- M 0 O .V ZZ cn _W �aIOZn � o Nm�.00'09 HiNON ,o0 9z_(.o0 W� o "N. o0b 0Om�0- W Z N ^ Z Z doo rkco; �fn 8ti h LLJ InLr) 14 v O N N re) O 4_ Z aO m o' O W o W CLOf d co > 0 o- ..00.09 HLNON F- W O U U .- N N Q 0 0. Z d F P o o N. O aN o N� N A — w X X M w$ w &4 0 CL w 'Qi W W to _ W d d zz $ I x -ICN 9 1s M I w Z N N °D V W i.00.9z) 0 W (V .J w .00.09 H NO) z 101) e0d 0 O O J J N8I2PAGE1355 EXHIBIT F First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be dosed, the sailer must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. TITLE GUARANTY ALL INOUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 10350 South DeAnza Boulevard, #21-1 Cupertino, CA 95014 (408) 252-9460 Ns 1 2PAGE 1 356 EXHIBIT F APPLICANT: City of Cupertino Attention: Carmen Lynaugh 10300 Torre Avenue Cupertino, CA 95014 YOUR ESCROW OFFICER CALL FAX NO. ESCROW ORDER NO. TITLE ORDER NO. CUSTOMER REFERENCE PROPERTY ADDRESS t 12019 4kagu030395at Pat Mount (408) 252-9460 (408) 252-9468 302436 302436 2ND UPDATE None Shown 10075 Pasadena Avenue Cupertino, CA (Parcel One & Two) 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 RESIDENTIAL TITLE INSURANCE POLICY - 1987, 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. 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 of Commitment should be requested. Robert J. Gilardoni Title Operations Manager ?1812PAGE1357 EXHIBIT F Order No. 302436 Page No. 2 Dated as of February 17, 1995, at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: TERRY M. BROWN, a married man, as his sole and separate property, as to an undivided 1/4 Interest, JAMES F. HEMPHILL, a married man, as his sole and separate property, as to an undivided 1/4 Interest, J. RICHARD THESING, a married man, as his sole and separate property, as to an undivided 1/4 interest and John B. Rahn and Polly S. Rahn, co -trustees of the 1983 RAHN LIVING TRUST, dated 10/12/83, as to an undivided 1/4 interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCELS ONE AND TWO, AN EASEMENT AS TO PARCEL THREE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. TAXES for the fiscal year 1994-1995 1st Installment $4,688.65, paid 2nd Installment $4,688.65, unpaid Land ; $167,310.00 Improvements $643,261.00 Personal Property $-0- Exemption $-0- A. P. No. 357-17-043 Code Area 13-027 Affects Parcels One and Two 2. TAX DEFAULT for non-payment of property taxes Fiscal Year 1991-1992, and subsequent delinquencies Sale No. 357-17-043 Amount to redeem $10,839.07 during the month of March, 1995 Amount to redeem $10,978.63 during the month of April, 1995 Amount to redeem $11,118.19 during the month of May, 1995 Affects Parcels One and Two SAID TAX DEFAULT is being paid on the Installment Plan. 3. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. TERMS, conditions and provisions contained in the Deed By Elevada Improvement Co. Recorded February 21, 1908 in Book 330 of Deeds, page 6. Ns i 2PacPE 1358 EXHIBIT F Order No. 302436 Page No. 3 5. AGREEMENT on the terms and conditions contained therein, For Reciprocal Easement Agreement Between J. Richard Thesing, a married man, Terry M. Brown, a married man, James F. Hemphill, a married man, J. Richard Thesing, a married man, and John B. Rahn and Polly S. Rahn, Co -Trustees of the 1983 Rahn Living Trust dated October 12, 1983 And Pasadena Associates, a California general partnership Recorded November 14, 1985 in Book J518, page 1890, Official Records. EASEMENT for the purposes stated herein and incidents thereto Purpose Parking purposes, pedestrian traffic, ingress and egress Granted to J. Richard Thesing and Pasadena Associates Recorded November 14, 1985 in Book J518, page 1890, Official Records Affects Reference is hereby made to the record for the further particulars 7. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $490,000.00 Dated May 20, 1987 Trustor Terry M. Brown and James F. Hemphill and J. Richard Thesing and John B. Rahn and Polly S. Rahn, co -trustees of the 1983 Rahn Living Trust, dated October 12, 1983 Trustee Bay View Auxiliary Corporation, a California corporation Beneficiary Bay View Federal Savings and Loan Association, a Federal corporation Address 2121 South El Camino Real, San Mateo, CA 94403 Loan/Ref. No. 59024828 Recorded May 29, 1987, under Series No. 9294471 in Book K169, page 1966, Official Records. 8. A DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $239,000.00 Dated November 16, 1990 Trustor Terry M. Brown, a married man as his sole and separate property and James F. Hemphill, a married man as his sole and separate property and J. Richard Thesing, a married man as his sole and separate property and John B. Rahn and Polly S. Rahn, co -trustees of the 1983 Rahn Living Trust dated 1/12/83 Trustee California Land Title Company of Santa Clara County, a California corporation Beneficiary Gerald V. Root and Marion L Root, husband and wife, as community property Address 4131 Peruvian Way, Paso Robles, CA 93446 Loan/Ref. No. None Shown Recorded November 28, 1990, under Series No. 10733024 in Book L551, page 56, Official Records. N812PH" GE1359 EXHIBIT F Order No. 302436 Page No. 4 9. A DEED FROM (or the joinder of) the spouse of any married vestee named herein will be required when insuring any conveyance, encumbrance or lease to be executed by said vestee. 1o. THE TERMS and conditions of the Trust under which the vestees herein hold title, and the requirement that the written Trust Agreement and any Amendments thereto be submitted for examination. 11. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options to purchase or rights of first refusal contained therein. 12. THE RECORDS disclose liens, agreements or other matters against parties with the same or similar names as Terry M. Brown. The name search and this report cannot be completed until a Statement of Information is obtained. Upon receipt of the Statement it may require several weeks to dear any items determined to affect the title to the lands described herein. Please provide the Statement as soon as possible to avoid any delays to the dose of escrow. 13. Prior to issuance of the ALTA Residential Policy contemplated herein, an inspection of the land must be ordered, and the fees for that service approved. Additional exceptions may be added as a result of information disclosed by the inspection. If an inspection is not ordered, an ALTA Standard Owners Policy may be issued with no additional exceptions. ---------------------------------------- INFORMATIONAL NOTES A) 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 B) SHORT TERM rate applies. Current vestees were last insured on November 28, 1990. C) No buyer run made (not furnished with order). D) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. E) IN CONNECTION with the above -numbered transaction, the following address will be shown on any 116 endorsement issued to an approved lenders policy. 10075 Pasadena Avenue Cupertino, CA N8 ! 2PAu� + 60 EXHIBIT F Order No. 302436 Page No. 5 LEGAL DESCRIPTION REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Lot 14, Block 3, as shown on that certain Map entitled, 'Subdivision No. 1, Town of Monta Vista in the S.W. 1/4 of Sec. 14 T 7SR. 2W.0, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on November 18, 1907 in Book 'M' of Maps, at page(s) 4. PARCEL TWO: All of Lot 15, Block 3, as shown on that certain Map entitled, 'Subdivision No. 1, Town of Monta Vista in the S.W. 1/4 of Sec 14 T 7SR, 2W , which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on November 18, 1907 in Book 'M' of Maps, at page 4. PARCEL THREE: Non exclusive reciprocal easements for parking purposes, pedestrian traffic and ingress and egress over property described as Parcels B and C and shown more particularly on Exhibit D of that instrument entitled Reciprocal Easement Agreement dated November 12, 1985 and recorded November 14, 1985 in Book J518 of Official Records, page 1890. AP N: 357-17-043 Ids 1 2PAGE 1361 EXHIBIT F FIRST AMERICAN TITLE allARANTY COMPANY 1737 North First Street, San Jose, CA 95112 (4o8) 451-7800 NOTICE RzSTAMERICAN TITLE GUAKAN I T In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to Withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest either: 1. A seller who is an individualo with� sent last known to a financial intermediary of the seller, OR orrfla or when the �sbursement instructions authorize the proceeds 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or K a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written oertificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis. The parties to this transaction should �d should not act onk an attorney's, �s�taxemerrts made orittedspecialist's by the escrow or dosing rning the effect of this law on this transaction officer. NsI2PAGE1362 EXHIBIT F FIRSTAMERICAN TITLE GUARANTY RECORDING AWARENESS EFFECTIVE ,1 UL Y 1, 1994 THE CALIFORNIA LEGISLATURE ENACTED ASSEMBLY BILL 689 WHICH STATES THAT ALL DOCUMENTS RECORDED IN THE OFFICE OF COUNTY RECORDS AFTER JULY 1, 1994 MUST COMPLY AS FOLLOWS TO AVOID PENALTIES: 1. 8 1/2' BY 11' EXACTLY, ONE SIDED 2. THE FIRST PAGE OF THE DOCUMENT MUST HAVE A 2 1/2' SPACE AT THE TOP RESERVED FOR RECORDING FOR THE FOLLOWING: A) THE RIGHT 5' FOR RECORDING INFORMATION B) THE LEFT 3 1/2' FOR RETURN MAILING ADDRESS AND WHO IS REQUESTING THE RECORDING 3. THE DOCUMENT MUST STATE THE TITLE OF THE DOCUMENT. THE DOCUMENT WILL BE INDEXED BY THAT TITLE. 4. THE DOCUMENT MUST HAVE A 1/2' MARGIN ON THE RIGHT AND LEFT SIDE 5. THE DOCUMENT IS TO BE OF QUALITY PAPER AND CONTENTS (PRINT SIZE) AND COLOR THAT WILL PHOTOGRAPH 6. ANY INSTRUMENT THAT MODIFIES ANOTHER MUST STATE THE RECORDING INFORMATION OF THE DOCUMENT BEING MODIFIED UNDER NO CIRCUMSTANCES WILL THE RECORDERS OFFICE RECORD ANY DOCUMENT OVER THE SIZE OF 8 1/2' BY 14' IF ONE PAGE OF A DOCUMENT DOES NOT COMPLY WITH THE ABOVE REQUIREMENTS, THEN ALL PAGES OF SAID DOCUMENT WILL BE CHARGED WITH A $3.00 PENALTY SHOULD THE DOCUMENT NOT COMPLY WITH ITEM 92, A SHEET MUST BE ADDED TO THE DOCUMENT THAT DOES COMPLY. THIS FORM WILL INCREASE THE COST OF RECORDING THE DOCUMENT BY ONE PAGE. YOUR FIRST AMERICAN TITLE ESCROW OFFICE HAS SAMPLES OF THIS SHEET AVAILABLE. QUESTIONS?? PLEASE CONTACT THE SANTA CLARA COUNTY RECORDERS OFFICE (408) 299-4320 rmcomoieostr /uv rw N8 12 AGE 1363 EXHIBIT F DD <� ClJm z'n 7C M I� r._J R. O. S. 469 / 5/ rHRU 59 4 STEVENS = = ��-�- BLVD. � ► rneo +rfo+ r{r+7 rifle L7l0 � es.w 11001) 'O �� i5 I tS i tS i is T \\ N 1 `n -U,^ �o, X v b _ 'o to' ' ' 8'Itw \ io en o I )i •— : A a l m n o I N i 0' ' )Of1 vi N----ISO tm N N N m O PIQ, .n D IY___--_♦-- cj is 10 N I N W 113 -mi v ------- N �_ 3A M " __ 4" u N 15 O IIS � " -- '-+--' - N le N I N 100 GRANADA "\V AVENUE \ I� ��` '� 81�� o ...�81NiIW "\e0 tS : QS is o c 100 o7fr P. M.582•M•3 rKff +K+! y�. GRANADA i- AVE. >e rr770 rr740 - — rKII !.lift O50 toeIOf.t7 Sf SO ; )0 j I $ ^ z no �o ru I1y I�v8 F �p m F n Lli 7a 8 1 dI : g D _ 1 I ' Ito• rw� ..'1 '�� " 3 I e � N I� , a' c S IN r� \ ------------ MOSA ti _ e - -- NUE; v L _ 1A �� I o i �, D . 1„ to a N ¢ I� =r 'y-- 00.01— Arr?m I...... lio z til r. Z N C 1 = t (rI aI >Rx 21 M °I j rA •ID I nl� I .Ib - g r IV c C, t0 IDS Itvit 8�~ k11 to fly 1N p _tiffs /711 PM.595•M•9 AVE—rt ft—LOMITA _ OMITA TOWHHOMES F IF r-' 1 � m I 7,. cO O • 2 = A Z z D A O mmmmas>aC Dt 1♦ = 1 W N W N— -4 —t VI C m In oo O •tot J ♦ W n D r v 10020 0054AERA E N p W r O — a o z tA f, W N r n f t O A r- .4 • O to C t'' a>2 i A to N— a 10 !if40 P. m too _ v