LLA-Rafael Bracho & Laraine Dietz Peterson, 10491 Scenic Blvd, APNs: 357-06-001 and 357-06-013Financial Title Company
Escrow No: 410B2A 3CC-�15
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
72--
DOCUMENT: 17046811 Pages 18
Fees....* No Fees
Taxes...
.eei�easai i. Cop i es. .
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Financial Title Company
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT
RAFAEL BRACHO AND LARAINE DIETZ PETERSON,
TRUSTEE OF THE RAFAEL BRACHO AND LARAINE DIETZ PETERSON
1999 INVER VIVOS TRUST DATED 3/10/99
(PARCELS 1,2,3 AND 4)
APN NO. 357-06-001 AND 013
10491 SCENIC BOULEVARD
RIDE # 004
5/16/2003
3:26 PM
r
Original
For Fast Endorsement
RECORDING REQUESTED BY: City of Cupertino
RETURN TO:
10300 Torre Avenue
Cupertino, Ca 95014
LOT LINE ADJUSTMENT
PROPERTY OWNERS: RAFAEL BRACHO AND LARAINE DIETZ PETERSON, TRUSTEE
OF THE RAFAEL BRACHO AND LARAINE DIETZ PETERSON
1999 INVER VIVOS TRUST, DATED 3/10/99
(PARCELS 1,2,3 AND 4)
APN No. 357-06-001 AND 013
10491 SCENIC BOULEVARD
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 , 3 and 4, 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 18.08.0101-1 of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder
interest) is not recorded by Grant Deeds within twelve (12) months from the approved date
and/or in the event that any change in title interest of ownership (including lien holder interest)
from the specified on the preliminary title report designated on Exhibit "B" and attached hereto,
occurs prior to the recordation of the grant deed conveying the real property in conformity to
Exhibit "A".
Approved this SO clay of yy2003.
RALPH A. QUALLS, JR.
CITY ENGINEER
CITY OF CUPERTINO
2002 u u
EXHIBIT A
EXISTING CONFIGURATION
All of that certain property situate in the City of Cupertino, County of Santa Clara, State of
California described as follows. -
PARCEL ONE:
Parcel 1 as shown on that certain Parcel Map recorded February 27, 1990 in Book 611 of
Maps at Pages 23 and 24 and as corrected by the Certificate of Correction recorded
March 23, 1990, Recorder's Series No. 10465047, Official Records of Santa Clara County.
PARCEL TWO:
Portion of Lot 67 as shown on that certain Map entitled "Map of Monta Vista", which Map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Book P of Maps at Page 19 and more particularly described
as follows:
BEGINNING at the point of intersection of the dividing line between Lot 67 and Lot W with
the Southwesterly line of Scenic Boulevard, as said lots and Boulevard are shown on the
Map above referred to; thence from said point of beginning S69031'21 "W along the dividing
line between Lots 67 and W for a distance of 77.97 feet to an angle corner therein; thence
S0007'00"W along the dividing line between said Lots 67 and W for a distance of 125.12
feet to the Southwesterly corner of said Lot 67; thence along the dividing fine between Lots
67 and 69 as shown on said Map S89053'00"E 76.20 feet to the Southeasterly corner of Lot
67; thence along the dividing line between Lots 67 and 68 as shown on said Map
N 11 °49'00"E 34.24 feet to the Southerly line of the aforementioned Parcel 1; thence along
said line N68025'55"W 9.46 feet; thence N13055'25"E 96.21 to a point on the
aforementioned line of Scenic Boulevard; thence along a non -tangent curve to the right
with an initial radial bearing S25002'10"W, a radius of 55.00 feet, an internal angle of
34046'33" and a length of 33.38 feet to the point of BEGINNING.
Containing 11,789 square feet more or less.
PARCEL THREE:
Portion of Lot 69 as shown on that certain Map entitled "Map of Monta Vista", which Map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Book P of Maps at Page 19 and more particularly described
as follows:
BEGINNING at the Southwesterly corner of Lot 67 as shown on the aforementioned map;
thence S0007'00"W along the dividing line between Lots 69 and W as shown on said Map
for a distance of 88.06 feet; thence S87056'40"E 90.27 feet; thence N34°11'35"E 76.56 feet
to the most Southerly corner of the aforementioned Parcel 1; thence along the Southerly
line of said Parcel 1 N22004'10"W 29.92 feet to the Southerly line of Lot 68 as shown on
said Map; thence along the dividing line between Lots 68 and 69 and the dividing line
between Lots 67 and 69 N89053'00"W 121.82 feet' to the point of BEGINNING.
Containing 10,474 square feet more or less.
PARCEL FOUR:
Portion of Lot 68 as shown on that certain Map entitled "Map of Monta Vista", which Map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Book P of Maps at Page 19 and more particularly described
as follows:
BEGINNING at the Southeasterly corner of Lot 67 as shown on the aforementioned map;
thence S89053'00"E along the dividing line between Lots 68 and 69 as shown on said Map
for a distance of 45.61 feet to a point on the Southerly line of the aforementioned Parcel 1;
thence along said Southerly line N22"04'10"W 23.57 feet; thence N68°25'55"W 31.99 feet
to the Westerly line of Lot 68; thence along the dividing line between said Lots 67 and 68
S11 049'00"W 34.24 feet' to the point of BEGINNING.
Containing 1,038 square feet more or less.
ADJUSTED CONFIGURATION
All of that certain property situate in the City of Cupertino, County of Santa Clara. State of
California described as follows:
LOT ONE:
Portion of Parcel 1 as shown on that certain Parcel Map recorded February 27, 1990 in
Book 611 of Maps at Pages 23 and 24 and as corrected by the Certificate of Correction
recorded March 23, 1990, Recorder's Series No. 10465047, Official Records of Santa
Clara County and Portions of Lots 68 and 69 as shown on that certain Map entitled "Map of
Monta Vista", which Map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California on April 11, 1917 in Book P of Maps at Page 19 and more
particularly described as follows:
BEGINNING at the Northeasterly corner of said Parcel 1; thence along the Easterly line of
said Parcel 1 the following four courses: S3°51'20"E 53.66 feet, S24°49'10"W 9.54 feet,
S37001'00"W 101.56 feet and S34011'35"W 9.99 feet; thence leaving said Easterly line and
proceeding N18°26'09"W 94.55 feet; thence N21037'36"E 75.95 feet to a point in the
Northerly line of the aforementioned Parcel 1 and the Southerly line of Scenic Boulevard;
thence S82059'22"E 66.91 feet to a point of curvature; thence along a tangent curve to the
right with a radius of 15 feet, an internal angle of 10021'50" and a length of 2.71 feet to the
point of BEGINNING.
Containing 10,002 square feet more or less.
LOT 1WO:
Portion of Parcel 1 as shown on that certain Parcel Map recorded February 27, 1990 in
Book 611 of Maps at Pages 23 and 24 and as corrected by the Certificate of Correction
recorded March 23, 1990, Recorder's Series No. 10465047, Official Records of Santa
-Clara-County-aind-a-Portion-0f-Lot�6-7--as-shown-on-thatcertain--Mapentitle " of Monta
Vista", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California on April 11, 1917 in Book P of Maps at Page 19 and more
particularly described as follows:
BEGINNING at the point of intersection of the dividing line between Lot 67 and Lot W with
the Southwesterly line of Scenic Boulevard, as said lots and Boulevard are shown on the
Map above referred to; thence from said point of beginning S69°31'21 "W along the dividing
line between Lots 67 and W for a distance of 77.97 feet to an angle corner therein- thence
S0007'00"W along the dividing line between said Lots 67 and W for a distance of 107.53
feet; thence leaving said line and proceeding N82°01'21"E 66.04 feet; thence N21037'36"E
108.15 feet to a point on the aforementioned line of Scenic Boulevard; thence along said
line and a non tangent curve to the right with an initial radial bearing S16024'29"W, a radius
of 55 feet, an internal angle of 43024'14" and a length of 41.66 feet to the point of
BEGINNING.
Containing 10,000 square feet more or less.
LOT THREE:
Portion of Parcel 1 as shown on that certain Parcel Map recorded February 27, 1990 in
Book 611 of Maps at Pages 23 and 24 and as corrected by the Certificate of Correction
recorded March 23, 1990, Recorder's Series No. 10465047, Official Records of Santa
Clara County and Portions of Lots 67, 68 and 69 as shown on that certain Map entitled
"Map of Monta Vista", which Map was filed for record in the Office of the Recorder of the
County of Santa Clara, State of California on April 11, 1917 in Book P of Maps at Page 19
and more particularly described as follows:
Beginning at the Northwesterly corner of Lot 67 as shown on the aforementioned map;
thence S0007'00"W along the dividing line between Lots 67 and W as shown on said Map
for a distance of 107.53 feet to the TRUE POINT OF BEGINNING; thence leaving said line
and proceeding N82001'21 "E 66.04 feet; thence N21 °37'36"E 108.15 feet to a point on the
Southerly line of Scenic Boulevard; thence along said line and a non -tangent curve to the
left with an initial radial bearing S16024'29"W, a radius of 55 feet, an internal angle of
9023'51" and a length of 9.02 feet; thence S82059'22"E 11.50 feet; thence leaving said line
and proceeding S21°37'36"W 75.95 feet; thence S18026'09"E 94.55 feet; thence
S34011'35"W 66.57 feet; thence N87056'40"W 90.27 feet to a point in the dividing line
between Lots 69 and W; thence N0007'00"E along the dividing line between Lots 69 and W
and Lots 67 and W as shown on said Map 105.65 feet to the TRUE POINT OF
BEGINNING.
��ESt
Containing 15,299 square feet more or less.v�,�
civit
CAw
S6g'31 'f,
,L= 34'46'33"
R=55.00'
L=33.38'
PARCEL TWO
DIVIDING LINE BETWEEN
LOTS 67 AND W
PER P-MAPS-19
N/
O
% SCENIC
SOULEVARD
S82'59'221)E
78.41 '
=18'01 '32"
R=55.00'
d=10'21'50"
L=17.30'
R=15.00'
cn
W
L=2.71'
U,
PARCEL ONE
rn
N244910 E
m
2
9.54'
PARCEL 1 PER
611-M-23 &
24
IV68.
9.46' W 3�25 SS"tti
DIVIDING LINE BETWEEN ,old 99'
LOTS 67 AND 69 c)) N PARCEL
PER P-MAPS-19 �I� FOUR �' 2
76.20' Z 45.62'
S89°53'00"E 121.82' �-
DIVIDING LINE o;
BETWEEN LOTS 67 AND 6
PER P-MAPS-19
DIVIDING LINE BETWEEN
LOTS 69 AND W
0 o PER P-MAPS-19
i-, C6
CD CC
cn PARCEL THREE
S87'56'40"E
90.27'
Q�tOFESS/ yE.
�\
`D Lu No. 20597. '
��D .AM i'///%1e. !
i
T
_E: 1 "=30'
EXISTING CONFIGURATION
PLAT TO ACCOMPANY EXHIBIT A
FOR LOT LINE ADJUSTMENTS BETWEEN
PARCEL 1 PER BOOK 611 OF MAPS, PAGES 23 & 24
AND POR110NS OF LOTS 67, 68 AND 69
PER BOOK P OF MAPS, PAGE 19
SANTA CLARA CO. RECORDS
91—43°24'14"
R=55.00'
L=41.66'
09'23'51 "
R=55.00'
L=9.02' /
LOT 2
10,000 SQ. FT.
i�
Ln
0
SCENIC BOULEVARD
S82°59'22"E�91
41'
66
11.50'
�' ov
cN
,L--10°21'50"
R=15.00' cn
L=2.71' cp
w cn
T 1
V,T O
N24°49'10"E m
9.54'
LOT 1
10,002 SQ. FT.
I �
p ADJUSTED LOT LINE, TYPICAL i
rn
01'21„W
S82° I
L66.04'
EXISTING LOT LINE I
do
h�
TO BE ADJUSTED, TYP.
00
LOT 3
13,830 SQ. FT., NET O
15,299 SQ. FT, GROSS 9.99'
0 o ho l:) �`v Ll \
o �'E.
� 25/
N h� ^ w
No. 2 97, r'
t`GALE: 1 "=30'
JF 1
S87°56'40"E D J U S TE D CONFIGURATION
90.27'
PLAT TO ACCOMPANY EXHIBIT A
FOR LOT LINE ADJUSTMENTS BETWEEN
PARCEL 1 PER BOOK 611 OF MAPS, PAGES 23 & 24
AND PORTIONS OF LOTS 67, 68 AND 69
PER BOOK P OF MAPS, PAGE 19
SANTA CLARA CO. RECORDS
Coldwell Banker
Attn: Joanne Ciannello
110 First Street
Los Altos, CA. 94022
Property Address:
10491 Scenic Boulevard
Cupertino, CA 95014
FINANCIAL
TITLE C O M P A N Y
PRELIMINARY REPORT
UPDATE B
Branch:
495 So. San Antonio Road
Los Altos, CA 94022
Phone: (650) 917-2330 Fax: (650) 917-2333
Contact: Diana L. Borchert/ERP /hd
Escrow Contact:
Order Number: 41083436-295-DLB
Other Reference:
Buyer/Borrower:
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
CLTA Owner's, ALTA Lender's
Dated as of March 26, 2003 at 7:30 a.m.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee as to Parcels One, Two, Three, Four; an Easement as to Parcel Five
Title to said estate or interest at the date hereof is vested in:
RAFAEL BRACHO AND LARAINE DIETZ PETERSON, TRUSTEE OF THE RAFAEL BRACHO
kND LARAINE DIETZ PETERSON 1999 INVER VIVOS TRUST DATED 3/10/99
Page No. 2 EXHIB11
E
Order No. 41083436-295-DLB
LEGAL DESCRIPTION
The land referred to in this Report is described as follows:
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
Parcel 1, as shown upon that certain Parcel Map recorded February 27, 1990, in Book 611 of Maps, Pages 23
and 24, Santa Clara County Records, and as corrected by that Certificate of Correction recorded March 23,
1990, Recorder's Series No. 10465047, Official Records .
PARCEL TWO:
Portion of Lots 67 as shown on that certain Map entitled, "MAP OF MONTA VISTA", which Map was filed
for record in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in
Book P of Maps, at Page 19 and more particularly described as follows:
BEGINNING at the point of intersection of the dividing line between Lot 67 and Lot W; with the Southwesterly
line of Scenic Boulevard, as said Lots and Boulevard are shown upon the Map above referred to; thence from
said point of beginning South 69' 31' 21" West along said dividing line between Lot 67 and Low W for a
distance of 77.92 feet to an angle corner therein; thence South 0° 07' 00" West along the dividing line between
said Lots 67 and W for a distance of 125.12 feet to the Southwesterly corner of said Lot 67; thence along the
dividing line between Lots 67 and 69 as shown on said Map South 89' 53' 00" East 76.20 feet to the
Southeasterly corner of Lot 67; thence along the dividing line between Lots 67 and 68 as shown on said Map
North 11' 49' 00" East 34.24 feet to the Southerly line of the aforementioned Parcel l; thence along said line
North 65' 25' 55" West 9.46 feet; thence North 13' 55' 25" East 96.21 to a point on the aforementioned line of
Scenic Boulevard; thence along a non -tangent curve to the right with an initial radial bearing South 25' 02' 10"
West, a radius of 55.00 feet, an internal angle of 34' 47' 07" and a length of 33.39 feet to the point of
BEGINNING.
PARCEL THREE:
Portion of Lot 69 as shown on that certain Map entitled "Map of Morita Vista", which Map was filed for record
in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book P of
Maps at Page 19 and more particularly described as follows:
BEGINNING at the Southwesterly corner of Lot 67 as shown on the aforementioned Map; thence South 0° 07'
00" West along the dividing line between Lots 69 and West as shown on said Map for a distance of 88.08 feet;
thence South 87' 56' 40" East 90.27 feet; thence North 34' 1 V 35" East 76.56 feet to the most Southerly corner
of the aforementioned Parcel 1; thence along the Southerly line of said Parcel 1 North 22' 04' 10" West 29.92
feet to the Southerly line of Lot 68 as shown on said Map; thence along the dividing line between Lots 68 and
Page No. 3
Order No. 41083436-295-DLB
69 and the dividing line between Lots 67 and 69 North 89' 53' 00" West 121.82 feet' to the point of
BEGINNING.
' 41MIT0
Portion of Lot 68 as shown on that certain Map entitled "Map of Monta Vista", which Map was filed for record
in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book P of
Maps at Page 19 and more particularly described as follows:
BEGINNING at the Southeasterly corner of Lot 67 as shown on the aforementioned Map; thence South 89' 53'
00" East along the dividing line between Lots 68 and 69 as shown on said Map for a distance of 45.61 feet to a
point on the Southerly line of the aforementioned Parcel l; thence along said Southerly line North 220 04' 10"
West 23.57 feet; thence North 66' 25' 55" West 31.99 feet to the Westerly line of Lot 68; thence along the
dividing line between said Lots 67 and 68 South 11 ° 49' 00" West 34.24 feet' to the point of BEGINNING.
WE NOTE BUT A POLICY OF TITLE INSURANCE WILL NOT INSURE:
PARCEL FIVE:
Easement rights as they pertain to concrete curb as contained in that certain easement agreement recorded
September 15, 1988 in Book K 681 of Official Records, Page 456.
APN: 357-06-001 and 013
ARB: 357-6-1 & 2
Page No. 4
Order No. 41083436-295-DLB
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy would be as follows:
EXCEPTIONS:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected
with taxes to be levied for the fiscal year 2003-2004.
2. Property taxes, including any assessments collected with taxes, for the fiscal year
2002-2003, are as follows:
Assessor's Parcel No.: 357-06-001
Code Area: 13-027
Bill No: None Shown
Land: $1,446,156.00
Improvements: $10,404.00
Exemptions: $.00
1st Installment: $8,310.87 Paid
2nd Installment: $8,310.87 Open
Affects: Parcel One
3. Property taxes, including any assessments collected with taxes, for the fiscal year
2002-2003, are as follows:
Assessor's Parcel No.:
357-06-013
Code Area:
13-027
Bill No:
None Shown
Land:
$858,330.00
Improvements:
$.00
Exemptions:
$.00
1st Installment:
$4,824.26 Paid
2nd Installment:
$4,824.26 Open
Affects:
Parcel Two
4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
5. Easement(s) for the purpose(s) shown below and rights incidental thereto as disclosed in a
document,
Granted to: The Permanente Metale Corporation, a Delaware corporation
Purpose: Water pipelines
Recorded: July 8, 1942, in Book 1103, Page 313, Official Records
Affects: As shown on the recorded Map
Page No. 5
Order No. 41083436-295-DLB
5-1��M�100
Easement(s) for the purpose(s) shown below and rights incidental thereto as disclosed in a
document,
Granted to: Cupertino Sanitary District of Santa Clara County, a body politic and
corporate
Purpose: Sewage pipelines
Recorded: December 9, 1963, in Book 6300, Page 419, Official Records
Affects: Parcel One, as shown on the recorded Map
7. The terms, covenants, provisions and conditions contained in the Agreement
By and between: Lawrence W. Brunson and Billie J. Brunson and Marion Simms Hart
Purpose: Easement Agreement
Recorded: September 15, 1989, in Book K 681, Page 456, Series No. 9836826,
Official Records
Affects: A portion of said land -
Deed of Trust securing payment of the amount hereinafter set forth and any other amounts
payable under the terms thereof
Dated: June 14, 2000
Amount: $1,000,000.00
Trustor: Rafael Bracho and Laraine Dietz Peterson, Trustees of the Rafael
Bracho and Laraine Dietz Peterson 1999 Inter Vivis Trust dated March
10, 1999
Trustee: North American Title Cupertino
Beneficiary: Comerica Bank, a Michigan State Chartered Bank
Address: P.O. Box 75000, Detroit, MI 48275-7166
Loan Number: None Shown
Recorded: June 20, 2000, Series No. 15285141, Official Records
9. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein
is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of
compliance with the terms and provisions of the trust instrument.
If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this
Company will require a Trust Certification pursuant to California Probate Code Section
18100.5. This Company reserves the right to except additional items and/or make additional
requirements after reviewing said documents.
10. This transaction requires high liability approval prior to close of escrow together with an
inspection of the subject property.
Please advise Title Operations with an estimated date that your transaction will close so we
can schedule the necessary approvals and inspections.
Page No. 6 EXHIE1112,
Order No. 41083436-295-DLB
11. Information in possession of this Company indicates the possibility of a division of land
ownership. If such division is in fact contemplated the transaction would appear to fall
within the purview of the Subdivision Map Act.
As a prerequisite to this Company's participation in land division transactions, compliance
with one of the following provisions of the Subdivision Map Act will be required:
(1) The recording of a SUBDIVISION MAP in compliance with statues or related local
ordinances, or
(2) The recording of a PARCEL MAP in compliance with statues or related local ordinances,
or
(3) The recording of a CERTIFICATE OF COMPLIANCE, as provided by statues, or
(4) Submission of satisfactory evidence of compliance with or of non -violation of the act.
Page No. 7
Order No. 41083436-295-DLB
NOTES: EXHIB11
Privacy Promise For Customers
We will not reveal non-public personal customer information to any
external non-affiliated organization unless we have been authorized
by the customer, or are required by law.
Occasionally, due to certain market conditions, it may not be possible to deliver policies of title insurance in a
time frame that our clients request. Should you have individual needs please contact the title operation that
issued this report. We recognize, appreciate and understand your needs.
a. STR applies: YES
b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent
transfers of easements, and similar matters not germane to the issuance of the policy of title insurance
anticipated hereunder.
If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989
Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -
escrow accounts. Such periods vary depending upon the type of check and anticipated methods of
deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions
provides coverage for environmental protection.
e. Our investigation has been completed and the improvements located on the land described herein is a
single family residence known as 10491 Scenic Boulevard, Cupertino, CA 95014.
At the close of escrow, an ALTA Lenders Policy of Title Insurance will be issued with 100 and 116
series Endorsements.
f. If the land is an unproved residential lot on which there is located a one -to -four family residence and
each insured buyer is a natural person, and unless otherwise directed, we will issue the extended
coverage CLTA Homeowners Policy of Title Insurance (6/2/98).
g. The following is furnished for information only:
There have been no recorded conveyances affecting the herein stated land within twenty-four
months prior to the date of this report.
LIST OF PRINTED EXCEPTIONS AND EXCLUSION'S
CLTA Preliminary Report Form
(Rev. 6/98)
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM - 1990
AND
CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY - EAGLE (6/2/98)
EXCLUSIONS FROM COVERAGE
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 of 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.
2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT - FORM 1 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; (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.
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.
EXHIBIT "A" - CONTINUED EXHIBil 8
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 (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 to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure
of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim 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:
(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.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
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.
2. 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.
3. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by
making inquiry of persons in possession thereof.
4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
5. 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.
6. (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), (c) are shown by the public records.
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Description: Santa C1ara,CA Assessor Map 357.6 Page: 1 of 1
Order: priscilla Comment: