LLA- Timothy C. Johnson & Rhonda K. Johnson (Parcels 1 & 2)-10564 N Blaney Ave-APNs: 316-30-108, 316-30-109, and Andrew E. Drake & Amelia M. Drake (Parcel 3)-10554 N Blaney Ave-APN:316-30-107RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
0'
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT
Timothy C. Johnson and Rhonda K. Johnson, husband and wife, (Parcels 1 and 2),
APN 316-30-108, 316-30-109, 10564 North Blaney Avenue AND Andrew E. Drake and
Amelia M. Drake, husband and wife, (Parcel 3), APN 316-30-107, 10554 North Blaney Avenue
10 Original
9 For Fast Endorsement I
Cite of
Cupertino
PROPERTY OWNERS:
10300 Torre Avenue
Cupertino, CA 95014-3255
PH: (408) 777-3354
FX: (408) 777-3333
PUBLIC WORKS DEPARTMENT
LOT LINE ADJUSTMENT
Timothy C. Johnson and Rhonda K. Johnson, husband and
wife, as community property (Parcels 1 and 2)
Andrew E. Drake and Amelia M. Drake, husband and
wife, as community property (Parcel 3)
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE
ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between Parcels 1, 2, and 3, as designated on the
attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the
record owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino
with the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or
more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel
and that a greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.01014 of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder interest)
is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the
event that any change in title interest of ownership (including lien holder interest) from the
specified on the preliminary title report designated on Exhibit `B" and attached hereto, occurs prior
to the recordation of the grant deed conveying the real property in conformity to Exhibit "A".
Approved this ��ay of 1998.
1998
BERT VISKOVICH
CITY ENGINEER
C"TTV C)F (TTPFPTTN(1
.00
Printed on Recycled Paper
2080 YORKSHIRE WAY I MOUNTAIN VIEW, CA 94040 • OFFICE (650)967-5060 - FAX (650)967-1518 - MOBILE (650)971-6294
marvin w. EXHIBIT A
W LFFENGINEER
BEFORE PARCEL 1&2
LEGAL DESCRIPTION
LANDS OF T MC THY C. JOHNSON AND RHONDA K. JOHNSON (EXISTING)
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING DESCRIBED
AS FOLLOWS
PARCEL ONE:
PARCEL A,
filed for
95, at pa
State of
PARCEL TWO[:
BEGINNING
Avenue, 50
360.19 fee
Blaney Ave
is shown o
Map was fi
the County
1906 in Bo,
thence aloe
45" west 1�
corner of
Beckei. and
O'Rear, hi:
19 4 9 in Boc
298; thenc(
to O'Rear-,
westerly cc
Map thereof
of the Cour
16 , 1960 it
along a Wes
E. 18.00 fe
the Souther
O'Rear S.
and being
s shown upon
ecora on July
41, official
lifornia.
that certain Record of Survey Map
25, 1958 in Book of Maps, numbered
Records of Santa Clara County,
t a railroad spike in the center line of Blaney
feet wide, distant thereon North 00 21' 45" West
from a granite monument in the center line of
ue at the Northwest corner of Lot 35, as said Lot
that certain Map entitled, "Monte Vista", which
ed for record in the office of the Recorder of
of Santa Clara, State of California, on July 20,
k of Maps lettered "L", at page 43; and running
g the center line of Sianey Avenue, North 00 211
.00 feet to a railroad spike at the Southwest
ghat certain tract of land conveyed by Carl P.
Emma" Becker, to Kenneth J. O'Rear and Georgia E.
wife, dated July 19, 1949 and recorded July 20,
,k of Official Records, numbered 1820, at page
along the Southerly line of said Tract conveyed
North 890 201 15" East 304.00 feet to a North-
rner of Tract No. 1685 Baywood, as shown upon the
filed for record in the office of the Recorder
ty of Santa Clara, State of Ca-lirornia on September
Book of Maps numbered 125, at page 25; thence
terly line of said Tract No. 1685, S. 0° 21' 45"
et to a 1 inch iron pipe; thence parallel with
ly line of said tract of land so conveyed to
90 20' 15" W. 304.00 feet to the point of beginning
part of the Quito Rancho.
DESIGN
SURVEYS
SUBDIVISIONS
4C� , �(oo
(ga�
CV�L
9TF vf CALIF���\P
SERVING THE ENTIRE BAY AREA ANE> ALL A1:>)ACENT C<3-tIv{IES SINCE 7 961
2080 YORKSHIRE WAY I MOUNTAIN VIEW, CA 94040 - OFFICE (650)967-5060 • FAX (650)967-1518 • MOBILE (650)971-6294
marvin w.
w
EXHIBIT A
f� LFFENGINEER
BEFORE PARCEL 3
LEGAL DESCRIPTION
LANDS OF ANDREW E. DRAKE AND AMELIA M. DRAKE, (EXISTING)
IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL B, RECORD OF SURVEY MAP, IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, PER MAP FILED
JULY 25, 1958 IN BOOK 95 PAGE 41 OF MAPS, OF OFFICIAL
RECORDS OF SAID COUNTY.
DESIGN
SURVEYS
SUBDIVISIONS
(K
(rNo.
W_ gip\ 8137
€Y-f- I l 5 o 1 a, /,
14,
�� CAl1E0�/
SERVING THE ENTIRE BAY AREA AN00 ALL ADJACENT COVIVTIES SINCE 1961
2080 YORKSHIRE WAY I MOUNTAIN VIEW, CA 94040 • OFFICE (650)967-5060 • FAX (650)967-1518 - MOBILE (650)971-6294
m a rvi n w.
w
LFFENGINEER
AFTER PARCEL 1
LEGAL DESCRIPTION
EXHIBIT A
LANDS OF TIMOTHY C. JOHNSON AND RHONDA K. JOHNSON IN THE CITY
OF CUPERTIN , COUNTY OF SANTA CLARA, STATE OF CQLIFORNIA,
DESCRIBED A FOLLOWS:
BEGINNING A
THE RECORD,
RECORDS;THE
ITS NORTHER
LINE OF TRA
RECORDS;THE
FEET TO THE
RECORD OF S
AVE. S.0004
N.89°38'E.
BLANEY AVE;
54.90 FEET
THEN ALONG
SUBTENDED B
N.89038'E 9
TO THE LEFT
15.91 FEET
TANGENTIAL
LAST SAID C'
A CENTRAL A'
CONTAINING l
THE SOUTHEASTERLY CORNER OF PARCEL A AS SHOWN ON
F SURVEY MAP IN 95M41, SANTA CLARA COUNTY
CE ALONG THE EASTERLY LINE OF SAID PARCEL A AND
LY PROLONGATION N.0004'W. 78.00 FEET TO THE SOUTHERLY
T NO. 4721 IN 294M13, SANTA CLARA COUNTY
CE ALONG LAST SAID SOUTHERLY LINE S.89038'W. 179.00
CENTERLINE OF BLANEY AVE. AS SHOWN ON ABOVESAID
RVEY MAP: THENCE ALONG THE SAID CENTERLINE OF BLANEY
E. 18.00 FEET, THEN, LEAVING LAST SAID CENTERLINE,
5.00 FEET TO THE EASTERLY SIDELINE OF ABOVESAID
THENCE ALONG SAID SIDELINE OF BLANEY AVE. S.0004'E.
O A TANGENT 20.00 FEET RADIUS CURVE TO THE LEFT;
AST SAID CURVE AN ARC DISTANCE OF 31.52 FEET
A CENTRAL ANGLE OF 90018';THENCE TANGENTIALLY
.11 FEET TO A TANGENTIAL 20.00 FEET RADIUS CURVE
THENCE ALONG LAST SAID CURVE AN ARC DISTANCE OF
UBTENDED BY A CENTRAL ANGLE OF 4503423" TO A
0.00 FEET RADIUS CURVE TO THE RIGHT: THENCE ALONG
RVE AN ARC DISTANCE OF 24.02 FEET, SUBTENDED BY
GLE OF 45052'23", TO THE POINT OF BEGINNING,
4,463.02 SQ. FT., MORE OR LESS.
W.
No. 8131 R,
c � (3ol 60 '
9lF CIVIL �A
Of CAIIE���
DESIGN
SURVEYS
SUBDIVISIONS
SERVING THE ENTIRE BAY AREA ANC ALL ADJACENT COUNTIES SINCE 1961
2080 YORKSHIRE WAY I MOUNTAIN VIEW, CA 94040 • OFFICE (650)967-5060 • FAX (650)967-1518 • MOBILE (650)971-6294
marvin w. EXHIBIT A
W LFFENGINEER
AFTER PARCEL 3
LEGAL DESCRIPTION
LANDS OF AN REW E. DRAKE AND AMELIA M. DRAKE IN THE CITY OF
CUPERTINO, OUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING Ar THE MOST SOUTHEASTERLY CORNER OF PC1. B AS SHOWN
ON RECORD OF SURVEY MAP IN 95M41; THENCE ALONG MOST EASTERLY
LINE OF SAID PCL. C AND ITS PROLONGATION N.0004'W. 108.00 FEET
TO THE SOUTHERLY LINE OF TRACT NO. 4721 IN 294M13; THENCE ALONG
LAST SAID LINE S.89°38'W. 125.00; THEN, ALONG A WESTERLY LINE
OF ABOVESAID PARCEL B, S.0°04'E. 78.00 FEET TO A 30.00 FEET
RADIUS CURVE TO THE LEFT OF TANGENTIAL BEARING S.89038'W.; THENCE
ALONG SAID 30.00 FEET RADIUS CURVE AN ARC DISTANCE OF 24.02
FEET SUBTENDED BY A CENTRAL ANGLE OF 450 52' 23", TO A TANGENTIAL
POINT OF RE17ERSE CURVATURE; THENCE ON A 20.00 FEET RADIUS CURVE
TO THE RIGH AN ARC DISTANCE OF 15.91 FEET SUBTENDED BY A CENTRAL
ANGLE OF 45 34' 23"; THENCE,TANGENTIALLY, S.89038'W. 98.11
FEET TO A TANGENTIAL 20.00 FEET RADIUS CURVE TO THE RIGHT;
THENCE, ALONG LAST SAID CURVE, AN ARC DISTANCE OF 31.52 FEET
SUBTENDED BY A CENTRAL ANGLE OF 90018' TO THE EASTERLY LINE
OF SAID BLA EY AVE.; THENCE, TANGENTIALLY ALONG LAST SAID
SIDELINE, S 0°04'E. 35.01 FEET; THEN, LEAVING SAID SIDELINE
OF BLANEY AVE., N. 89038'E. 279.00 FEET TO THE POINT OF
BEGIONNING, CONTAINING 16,186.74 SQ. FT., MORE OR LESS.
0 ESSjo'
ca Q`v�N W
No. 8137 m
ryp 9(3'gcso
DESIGN
SURVEYS
SUBDIVISIONS
SERVING THE ENTIRE BAY AREA ANE> ALL ADJACENT COUNTIES SINCE 1961
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!II
OLD REPUBLIC TITLE COMPANY
II I I I II If* * * * 10020 N. DE ANZA BLVD., STE. 101 • CUPERTINO, CA • 95014 • (408) 255-5880 • Fax: (408) 255-8733
PRELIMINARY REPORT
Issued for the sole use of: Our Order No. 473713-PG
REMAX/WEST VALLEY Reference
1307 S MARY AVE
SUNNYVALE, California 94086
When Replying Please Contact:
Attention: CAROLYN MILLER
Pam Gunter
Property Address: 10564 N. Blaney Avenue, Cupertino, California
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
--uring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
3rred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit
A attached. 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 hereto? is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of August 7th , 1998 at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of 7 Pages
OLD REPUBLIC TITLE COMPANY
ORDER NO. 473713-PG
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage - 1990, Owner's Policy; AND an ALTA Loan Policy - 1970 (Rev.
1992) with ALTA Endorsement Form 1 Coverage, OR, an ALTA Loan Policy - 1992 with ALTA
Endorsement Form 1 Coverage. A specific request should be made if another form or
additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
TMOTHY C. JOHNSON and RHONDA K. JOHNSON, husband and wife, as Community Property
Page 2 of 7 Pages
OLD REPUBLIC TITLE COMPANY
ORDER NO. 473713-PG
The land referred to in this Report is situated in the County of Santa Clara, City of Cupertino,
State of California, and is described as follows:
PARCEL ONE:
PARCEL A, as shown upon that certain Record of Survey Map filed for record on
July 25, 1958 in Book of Maps, numbered 95, at page 41, Official Records of
Santa Clara County, State of California.
PARCEL TWO:
BEGINNING at a railroad spike in the center line of Blaney Avenue, 50 feet wide,
distant thereon North 00 21' 45" West 360.19 feet from a granite monument in the
center line of Blaney Avenue at the Northwest corner of Lot 35, as said Lot is
shown on that certain Map entitled, "Monte Vista", which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of
California, on July 20, 1906 in Book of Maps lettered "L at page 43; and
running thence along the center line of Blaney Avenue, North 00 21' 45" West
18.00 feet to a railroad spike at the Southwest corner of that certain tract of
land conveyed by Carl P. Becker and Emma Becker, to Kenneth J. O'Rear and
Georgia E. O'Rear, North 890 20' 15" East 304.00 feet to a Northwesterly corner
of Tract No. 1685 Baywood, as shown upon the Map thereof filed for record in the
office of the Recorder of the County of Santa Clara, State of California on
September 16, 1960 in Book of Maps numbered 125, at page 25; thence along a
Westerly line of said Tract No. 1685, S. 00 21' 45" E. 18.00 feet to a 1 inch
iron pipe; thence parallel with the Southerly line of said tract of land so
conveyed to O'Rear S. 89° 20' 15" W. 304.00 feet to the point of beginning and
being a part of the Quito Rancho.
316-30-108 13003 GC/CU/MLS A 316-30-108 & 109 10-2-96
Page 3 of 7 Pages
FXHI
OLD REPUBLIC TITLE COMPANY
ORDER NO. 473713-PG
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes and assessments, general and special, for the fiscal year 1998 - 1999 a
lien, but not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Section 75, et seq., of the Revenue and Taxation Code of the State of California.
3. Right of way for irrigation pipe line as reserved in the Deed to John D.
Smith, recorded September 23, 1949 in Book 1851 page 222 of Official Records. The
exact location is not disclosed of record. (Affects Parcel Two)
4. Right of way for construction and maintenance of pole lines as conveyed to
Pacific Gas and Electric Company, a California corporation, by instrument recorded
April "..1, 1950 in Book 1960, page 50 of Official Records, and being described as
follows:
1. Within a strip of land of the uniform width of 18 feet, lying contiguous to
and southerly of the northerly line of said premises, and extending from the
easterly boundary line of said Blaney Avenue, easterly to the northerly
prolongation of the easterly boundary line of that certain parcel of land conveyed
by Carl P. Becker et al, to Leon P. Hoffman, et al, by deed dated October 18,
1949, and recorded in Volume 1862 of Official Records, at page 600, Records of
said County of Santa'Clara.
2. Within a strip of land the uniform width of 5 feet, lying contiguous to and
southerly of the northerly boundary line of said premises, and extending from the
northerly prolongation of the easterly boundary line of said parcel of land
conveyed by said line of said premises. (Affects Parcel Two).
5. Deed of Trust to secure an indebtedness of the amount stated below and any
other amounts payable under the terms thereof,
Amount $245,000.00
Trustor/Borrower TIMOTHY C. JOHNSON and RHONDA K. JOHNSON, husband and wife
Trustee GOLDEN WEST FINANCIAL CORPORATION, a Delaware Corporation
Beneficiary/Lender WORLD SAVINGS AND LOAN ASSOCIATION, A FEDERAL SAVINGS AND
LOAN ASSOCIATION
Dated April 24th, 1992
Recorded May 5th, 1992 in Book M174 of Official Records, Page 0650
Loan No. or "MIN" 8237067
Returned to Address: 1901 HARRISON STREET, OAKLAND, CA 94612
Page 4 of 7 Pages
EXHI
OLD REPUBLIC TITLE COMPANY
ORDER NO. 473713-PG
6. Deed of Trust to secure an indebtedness of the amount stated below and any
other amounts payable under the terms thereof,
Amount $44,000.00
Trustor/Borrower TIMOTHY C. JOHNSON and RHONDA K. JOHNSON, who are married to
each other
Trustee Equitable Deed Company
Beneficiary/Lender Bank of America NT&SA, a National Banking Association
Dated September 26th, 1996
Recorded October 2nd, 1996 in Official Records under Recorder's
Serial Number 13467814
Loan No. br "MIN" 02500192999346998
Returned to Address: PO BOX 2290, RANCHO CORDOVA, CA 95741
7. The requirement that this Company be provided with a signed Statement of
Identity from or on behalf of vestees in considering the following: -
A. Abstract of Judgment for the amount herein stated and any other amounts due,
Creditor WCI FINANCIAL CORP. VO
Debtor R.J. JOHNSON
Entered January 23rd, 1998
Court MUNICIPAL COURT OF SANTA CLARA COUNTY
Case No. DC97356512
Amount $ 1,165.70
Recorded March 25th, 1998 in Official Records, under Recorder's Serial Number
141096'09
NOTE: Said Abstract of Judgment shows Debtor's,
Driver's License No. Not Shown
Social Security No. as 556-50-1027
B. The lien for spousal and/or child support payments due, if any, pursuant to
the provisions of the Order of the Court, as follows:
In favor of: SANTA CLARA COUNTY, STATE OF CA
Against TIMOTHY JOHNSON
Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
Case No. DA020669
Recorded July eth, 1994 in Book N512 of Official Records, Page 1604
Attorney RAY MORRIS, DEPUTY DISTRICT ATTORNEY
For THE PUBLIC INTEREST
Page 5 of 7 Pages
EXHI81l B
OLD REPUBLIC TITLE COMPANY
ORDER NO. 473713-PG
NOTE: Unless otherwise satisfied, or the judgment lien is released as to this
property, it will be necessary to record an acknowledgment of matured installments
pursuant to Section 724.250 Code of Civil Procedure, containing, among other
things, a statement that all matured installments under the above judgment have
been satisfied as of a specified date (coinciding with the effective date(s) of
policy(s) issued by this company).
NOTE: In the above, the Court has directed that the payments be made to the
following County Officer, FAMILY SUPPORT TRUSTEE, SANTA CLARA COUNTY, PO BOX 7622,
SAN FRANCISCO, CA 94120-7622.
Accordingly, any acknowledgment of satisfaction of matured installments,
satisfaction of judgment, release of judgment lien, or subordination must be
executed by said officer or by the favored party (creditor) and approved in
writing by said officer.
NOTE: Said Abstract of Judgment shows Debtor's,
Driver's License No. V9142372
Social Security No. as Not Shown
C. Abstract of Judgment for the amount herein stated and any other amounts due,
Creditor FIRST DEPOSIT NATIONAL BANK
Debtor TIM JOHNSON
Entered May 19th, 1997
Court MUNICIPAL COURT, COUNTY OF SANTA CLARA
Case No. DC97 341825
Amount $ 5,297.11
Recorded June 13th, 1997 in Official Records, under Recorder's Serial Number
13740647
NOTE: Said Abstract of Judgment shows Debtor's,
Driver's License No. Not Shown
Social Security No. as 571-77-4800
Page 6 of 7 Pages
E3CH!
OLD REPUBLIC TITLE COMPANY
ORDER NO. 473713-PG
-------------------- Informational Notes--------------------
1. Taxes, general and Special, for the fiscal year 1997 & 1998 as follows:
Assessor's Parcel No. : 316-30-108
Code No. : 13003
1st Installment $1,839.26, Marked Paid
2nd Installment $1,839.26, Marked Paid
The above installments include a property tax exemption of $7,000
(AFFECTS PARCEL ONE)
2. Taxes, general and Special, for the fiscal year 1997 & 1998 as follows:
Assessor's Parcel No. : 316-30-109
Code No. : 13003
1st Installment $13.94, Marked Paid
2nd Installment $13.94, Marked Paid
The above installments include a property tax exemption of $NONE
(AFFECTS PARCEL TWO)
3. The last recorded instrument(s) conveying record title to the premises is/are:
A deed executed by ANN WHARTON LUNY to TIMOTHY C. JOHNSON and RHONDA K. JOHNSON,
husband and wife, as Community Property, recorded June 12th, 1987 in Book K186 of
Official Records, Page 830
The last conveyance affecting said land recorded within the last two years, prior
to the date of this Report are: NONE
4. NOTE: The obtaining of a Statement of Information from the Vestees herein.
S. County recorder will charge an additional $ 10.00 "Monument User Fee" to
record a Grant Deed using the legal description in this report.
6. The mailing address of the vestee as shown in the records is: 10564 N. BLANEY
AVENUE, CUPERTINO, CA 95014
Page 7 of 7 Pages
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ON
IXHIBIT A E."A"H 1611 B
CALIFORNIA LAND TITLE ASSOCIATION
HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
dition to the Exceptions in Schedule 3, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental policy 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
I. 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.
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.
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.
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. - -
Failure to pay value for Your Title.
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.
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
e 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
reason of:
(a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances or regulations) restricting, regulating prohibiting
or relating to M the occupancy, use, or enjoyment of the land; (H) the character, dimensions or location of any improvement now or hereafter erected on the
land; (iij a separation in ownership or a change in the dimensions of 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 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.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy.
(t) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) or 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.
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.
Invalidity or unenforceabik 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.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
i addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
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
re—, ds.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by
the public records.
Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted
by persons in possession thereof.
Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
i. 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.
ORT 3157-F (Rev 6-22-98) (Continued on next page)
EKHIB11 E
EXHIBIT A (Continued)
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 tha matters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, orregulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; 6i) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in thedimensions 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 anvviolation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or anotice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in thepublic 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 ofa defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records atDate of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but notexcluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser forvalue 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 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 creating 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.
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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 (Rev. 1992)
WITH A.L.T.A.SCHEDULE OF EXCLUSIONS ENT FORM
COVERAGE COVERAGE
e following matters are expressly excluded from the coverage of this policy:
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 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. ghts 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).
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 "doing business laws" of the state in which the land is situated.
S. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(ii), 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.
AMERICAN LAND TITLFOSRSOCIATION M 1 COVERAGOEAEXCLLUS ONS FROMN POLICY - 1992 WITH
OVVERAGEENDORSEMENT
he 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
y reason of:
(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; (i1 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 00
environmental protection, or the effect of 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.
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
tesutting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
!- Rights of eminent domain unless a 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.
I. 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;
ORT 3157-G (Rev 6-22-98) ( Continued on next page)
EXHIBITA(Continued) EXHIB11 B
resulting in no loss or damage to the insured claimant;
I. attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of theinsured mortgage over any statutory
`or services, labor or material or the extent insurance is afforded herein as toassessments for street improvements under construction or completed at date of
-Y); or
• resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
Jnenforceability 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
)caner of the indebtedness, to comply with applicable "doing business laws" of the state in which the land is situated.
nvalidity 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.
Any statutory lien for services, labor, or materials (or 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.
Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(D the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(fi) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(ii1 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.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY -1987
EXCLUSIONS
ddition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Covermental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws
and regulations concerning:
land use
improvements on the land
land division
environmental protection
is exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit
me 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.
Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appear 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.
ORT 3157-1 (Rev 6-22-98)
RECORDING REQUESTED BY
GATEWAY TITLE
AND W/tEN RECORDED MAIL THIS DEED AND, UNLESS OTHER•
WISE,SHOWN BELOW, MAIL TAX STATEMENTS TO:
i
NAME ANDREW E. DRAKE
ADDRESS 10554 N. BLANEY AVENUE
CITY s CUPERTINO, CA 95014
STATE
ZIP�
Title Order No. 7389198 Escrow No.7389198
`J
l
EXHIB11 B 12175294
FqI FSl FGH RfEQ.43*11n
AT RIEQUEST OF
REC FEE
3
GATEWikY T7117- C:rV,1?PANY
RMF
1
Oer 25 12 iR Ph '93
MICRO
1
OFFICAL RECUnua
LIEN
SANTA CLARA COUNTY
LAURIE KA14E
0
RECOROFN
LSMPF
6 PcoR
OCT 2 51993
SPACE ABOVE
THIS LINE FOR RECORDER'S USE
GRANT DEED
The undersigned declares that the documentary transfer tax is $ ... 3Q0 .- 60 , , • .................... . ..... and is
® computed on the full value of the interest or property conveyed, or is
❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
❑ unincorporated area 10 city of.......CUFERTINO....................................... and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ADELINE G. ASHTON,
TRUSTEE OF THE ADELINE G. ASHTON LIVING TRUST UNDER DATE OF JUNE 04, 1992 IN
TRUST
hereby GRANT(S) to ANDREW E. DRAKE AND AMELIA M. DRAKE, HUSBAND AND WIFE AS
COMMUNITY PROPERTY
the following described real properly in the
county of Santa Clara
state of California:
PARCEL B, RECORD OF SURVEY MAP, IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, PER MAP FILED JULY 25, 1958 IN BOOK 95 PAGE 41 OF MAPS,
OF OFFICIAL RECORDS OF SAID COUNTY.
Dated_t> t' ;tea 1Cig3
J
STATE OF CALIF RNIA
COUNTY OF a Y'I 0c, f U } S.S.
On C 1q0\2:) before me,
p nally
appeared
parsonally-kaown-te-me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose namdlj�) islam subscribed to the
within instrument and acknowledged to me that tie/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/herAheir
signature on the instrument the person(N, or the entity upon behalf
of which the person(s.) acted, executed the instrument.
WITNESS my hand a Ili ' I seal
Signature
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
CD
co
J
m
m
N
O
O
O
Name
GTC-101 (4-91)
Street Address
City & State