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LLA-Sobrato Interests III, APN 316-06-28, 316-06-29, 316-06-30, 316-06-31RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 co0' X't4 P C'OV 110��XA roo-4 DOCUMENT: 13799372 111111111111111111111111 *0013799372* Titles:] / Pages 22 Fees....- No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RIDE # 002 SANTA CLARA COUNTY RECORDER 8/04/1997 Recorded at the request of 8:00 AM Santa Clara Land Title ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT FOR SOBRATO INTERESTS III, APN 316-06-28, 316-06-29, 316-06-30, 316-06-31 DOCUMENT TITLE ORIGINAL 691, 311. SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Cupertino RETURN TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 LOT LINE ADJUSTMENT PROPERTY OWNERS: Sobrato Interests III, a California limited partnership (Parcels 3, 4, 5 and 6) ACTION BY THE CITYENGINEER APPROVINGA LOT LINEADJUSTMENT 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 3, 4, 5 and 6, 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 18-1.202.3C 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 day of 1997. BERT VISKOVICH CITY ENGINEER CIT By: 1997 Project No. 93019-3 EXHIBIT A LEGAL DESCRIPTION EXISTING PARCEL 3 (329 M 49)(B561 O.R. 100) A.P.N. 316-06-28 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 AS SHOWN ON THAT PARCEL MAP'FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 7, 1973, IN BOOK 329 OF MAPS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14. 1975 IN BOOK B 561, PAGE 100, OFFICIAL RECORDS. CONTAINING 1.064f ACRES OR 46,344f SQUARE FEET. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. =%G ,� —�'7 DATE TED L. WILSON, L.S EXPIRES 12-31-98 f \word`sotes\93019-3. mk f F� EXHIBIT A LEGAL DESCRIPTION EXISTING PARCEL 4 (329 M 49)(B561 O.R. 100) A.P.N. 316-06-29 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 4 AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 7, 1473, IN BOOK 329 OF MAPS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14, 1975 IN BOOK B 561, PAGE 100, OFFICIAL RECORDS. CONTAINING 3.752± ACRES OR 163,443± SQUARE FEET. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. MAN ID wk DATE TED L. WILSON, L.S EXPIRES 12-31-98 rEXP. 1P-31-9� t-j�o. 6 �2 o���Q'�F CA01 f.\word\notes\93019-3.mk 1 EXHIBIT A LEGAL DESCRIPTION EXISTING PARCEL 5 (329 M49)(B561 O.R. 100) A.P.N. 316-06-30 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 5, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 7, 1973, IN BOOK 329 OF MAPS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14, 1975 IN BOOK B 561, PAGE 100, OFFICIAL RECORDS. CONTAINING 2.250± ACRES OR 98,004± SQUARE FEET. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 5- DATE TED L. WILSON, L. EXPIRES 12-31-98 °�ANDs�� w GF� o2 E(P 1211--9,7 � cf'J, '410.64CL3 9TFOF CAV\�' f \word\no/es\93019-3.mk Project No. 93019-3 EXHIBIT A LEGAL DESCRIPTION EXISTING PARCEL 6 (329 M 49)(B561 O.R. 100) A.P.N. 316-06-31 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 6 AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 7, 1973, IN BOOK 329 OF MAPS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14, 1975 IN BOOK B 561, PAGE 100, OFFICIAL RECORDS. CONTAINING 1.434f ACRES OR 62,481t SQUARE FEET. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. D SU�,G S-/G -97 / wigs �� DATE TED L. WILSON, L.S. 64 EXPIRES 12-31-98 EXR c!'� gyp, OF CMY f \word\notes'93019-3.mk Project No. 93019-3 EXHIBIT A LEGAL DESCRIPTION ADJUSTED PARCEL 1 A.P.N. 316-06-28 & PORTION OF 316-06-29 & 31. ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 AND A PORTION OF PARCELS 4 AND 6, AS SAID PARCELS ARE SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 7, 1973, IN BOOK 329 OF MAPS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14, 1975 IN BOOK B 561, PAGE 100, OFFICIAL RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 6; THENCE ALONG THE NORTHEASTERLY AND SOUTHEASTERLY LINES OF SAID PARCEL 6 THE FOLLOWING THREE (3) COURSES: SOUTH 49006'20" EAST 355.32 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; ALONG SAID CURVE, HAVING A RADIUS OF 646.00 FEET THROUGH A CENTRAL ANGLE OF 7016'31 ", AN ARC DISTANCE OF 82.03 FEET; SOUTH 30000'28" WEST 139.51 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 59059'32" WEST 40.00 FEET THENCE SOUTH 30000'28" WEST 143.22 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID PROLONGATED LINE NORTH 49006'20" WEST 263.99 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTHWESTERLY AND NORTHWESTERLY LINES OF SAID PARCEL 3 THE FOLLOWING FOUR (4) COURSES: NORTH 49006'20" WEST 151.25 FEET; NORTH 40053'40" EAST 65.00 FEET; NORTH 49006'20" WEST 36.00 FEET; NORTH 40053'40" EAST 215.00 FEET TO THE POINT OF BEGINNING OF PARCEL 1. CONTAINING 2.804t ACRES, MORE OR LESS.. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 5-12- 2% DATE F:\WORD\93019-3\LEGDES-1.DOC TED L. WILSON, L.S.6425 WD'SC� Sa EV. a P" 0.6Gti� �yP \ OF CR.' Project No. 93019-3 EXHIBIT A LEGAL DESCRIPTION ADJUSTED PARCEL 2 A.P.N 316-06-30 & PORTION OF 316-06-29&31 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 5 AND A PORTION OF PARCELS 4 AND 6, AS SAID PARCELS ARE SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON SEPTEMBER 7, 1973, IN BOOK 329 OF MAPS, PAGE 49 AND A CERTIFICATE OF CORRECTION THEREOF RECORDED AUGUST 14, 1975 IN BOOK B 561, PAGE 100, OFFICIAL RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4: THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 4 NORTH 40053'40" EAST 312.83 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 3 AS SHOWN ON SAID MAP; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 3 SOUTH 49006'20" EAST 263.99 FEET; THENCE NORTH 30000'28" EAST 143.22 FEET; THENCE SOUTH 59059'32" EAST 40.00 TO THE SOUTHEASTERLY LINE OF SAID PARCEL 6; THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHWESTERLY LINE OF PARCEL 6 THE FOLLOWING FIVE (5) COURSES: SOUTH 30000'28" WEST 830.58 FEET; NORTH 52040' 11" WEST 98.37 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT; TO WHICH POINT A RADIAL LINE BEARS SOUTH 37' 31'27" WEST; ALONG SAID CURVE, HAVING A RADIUS OF 300.01 FEET, THROUGH A CENTRAL ANGLE OF 32035'44" AN ARC DISTANCE OF 170.68 FEET; NORTH 20008'05" WEST 247.82 FEET; NORTH 40053'40" EAST 57.15 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE NORTHWESTERLY AND NORTHEASTERLY LINES OF SAID PARCEL 5 THE FOLLOWING TWO (2) COURSES: NORTH 40053'40" EAST 145.85 FEET; SOUTH 49006'20" EAST 46.01 FEET TO THE POINT OF BEGINNING OF PARCEL 2. CONTAINING 5.696t ACRES, MORE OR LESS. DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 5--12-97 DATE F:'tword\93019-3\I egdes— i . doc TED L. WILSON, L.S. 6425 EXP. C �x15� 1" = 160' P. 0. B. PCL. 1 P ti A;P&l S fig. �g 03+2'Y��Q' fO 0 LINE TABLE: LINE BEARING DISTANCE L1 L2 L3 L4 L5 o F/ L6 �g (856I O.R. €. 0-0 pp s\ �' %1J ::: 6 L9 PARCELP1 �90\� ~ s L49) L10 in (323 M. 49 P. 0. B. PCL. 2 2 O, 9110.F ? 4 / r I.B561 L.R.. / o hp 0��g0J �7'/ i o 05 �Gcj / \\9"� /hb -`n- t; y ��syPARCEL 2��// 5 1323 .. 43F / (3561 O.R. €'DO) 14 � y -, 1�4 q/ PROPOSED LOT LINE CURVE TABLE: N 30' 00' 28" E 143. 22' S 52' 40' 11" E 98. 37' S 49' 06' 20" E 46. 01' N 49' 06' 20" W 36. 00' N 49' O6' 20" W 151. 25' N 40' 53' 40" E 65. 00' N 59' 59' 32" W 10. 00' S 59' 59' 32" E 40. 00' S 49' 06' 20" E 187. 25' N 30' 00' 28" E 120. 00' io v CURVE RADIUS DELTA LENGTH C 1 300. 01' 32' 35' 44" 170. 68' C2 646. 00' 7' 16' 31" 82. 03' C3 600. 00' 41' 58' 41" 439. 59' C4 120. 00' 129' 51' 27" 271. 97' EXISTING PARCEL PROPOSED PARCEL # AREA # AREA(GROSS) PARCEL 4 3.752 t ACRES 1 2.804 f ACRES PARCEL 5 2.250 f ACRES 2 5.696 t ACRES PARCEL 3 1.064 t ACRES PARCEL 6 1.434 t ACRES h:\dwg\93019\llc.DWG MAY 09, 1997 10: 20 AID TE LOT LINE ADJUSTMENT SCALE - 5-2-97 97 SOBRATO DR. BY MK KIER & WRIGHT --- 93019-3 EXHIBIT A w CIVIL ENGINEERS A SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408)727-M5 Santa Clara, California 95054 FAX(408)727-5641 1 OF 1 Santa ' Clara ' e Land Company PRELIMINARY REPORT ORDER NO. 00118592-A Kier & Wright 3350 Scott Boulevard, Bldg 22 Santa Clara, CA 95050 Attn: Marta Escrow Branch: EXHIBIT B 701 Miller Street San Jose, CA 95110 (408) 288-7800 Fax (408) 275-0824 Escrow Officer: Linda Tugade/mal Title & Administrative Services: 701 Miller Street, San Jose, CA 95110 (408) 288-7800 Fax (408) 993-1070 Ref. No: Property Address: 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: ALTA Lender's Policy Dated as of April 16th. 1997 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 Parcel One EASEMENT, as to Parcel Two Title to said estate or interest at the date hereof is vested in: Sobrato Interests III, a California limited partnership At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. Page No. 2 EXHIBIT B File No. 00118592-A 1. TAXES for the fiscal year 1997-98, a lien not yet due or payable. 2. There has been a prior year escape assessment or valuation increase on Assessor's Parcel No. 316- 06-028, which has been posted on the second installment of the 1996-97 taxes. This amount is in addition to the original tax bill and is shown as Assessor's Parcel No. 316-06-028-M 1. Installment amount: $111.98 Delinquent, Penalty $21.19 (Affects Parcel 3) 3. There has been a prior year escape assessment or valuation increase on Assessor's Parcel No. 316- 06-029, which has been posted on the second installment of the 1996-97 taxes. This amount is in addition to the original tax bill and is shown as Assessor's Parcel No. 316-06-029-M2. Installment amount: $16,779.07 Delinquent, Penalty $1,687.90 (Affects Parcel 4) 4. There has been a prior year escape assessment or valuation increase on Assessor's Parcel No. 316- 06-030, which has been posted on the second installment of the 1996-97 taxes. This amount is in addition to the original tax bill and is shown as Assessor's Parcel No. 316-06-030-M2. Installment amount: $760.24 Delinquent, Penalty $86.02 (Affects Parcel 5) 5. There has been a prior year escape assessment or valuation increase on Assessor's Parcel No. 316- 06-031, which has been posted on the second installment of the 1996-97 taxes. This amount is in addition to the original tax bill and is shown as Assessor's Parcel No. 316-06-031-M2. Installment amount: $630.25 Delinquent, Penalty $73.02 (Affects Parcel 6) 6. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 7. The fact that the ownership of said land does not include any right of ingress or egress to or from Junipero Serra Freeway contiguous thereto, said right having been relinquished by deed, From: Lester and Lester To: State of California Recorded: October 17, 1963 in Book 6236, Page 8, Official Records Page No. 3 E H I S7 B File No. 00118592-A Said land, however, abuts on a public street other than the one referred to above, over which rights of vehicular access have not been relinquished. 8. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a municipal public utilities For: installation and maintenance of public utilities Recorded: December 7, 1966 in Book 7582, Page 607, Official Records Affects: The Northerly 10 feet of Parcel 6 9. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a municipal corporation For: installation and maintenance of public utilities Recorded: March 7, 1968 in Book 8049, Page 100, Official Records Affects: That portion of Parcel 6, described as follows: Commencing at a granite monument at the intersection of the centerline of Wolfe Road with the centerline of Homestead Road, as said Homestead Road formerly existed 40.00 feet wide, as said intersection is shown on that certain Map of Tract No. 1906 Verde Gardens Unit No. 2, a Map of which is filed in Book 98 of Maps, at page 36 in the Office of the Recorder of Santa Clara County; thence from said point of beginning Southerly along said centerline of Wolfe Road S. 0 degrees 35 minutes 45 seconds W. 1390.66 feet; thence leaving said centerline of Wolfe Road at right angles thereto S. 89 degrees 24 minutes 15 seconds E. 54.00 feet; thence along the arc of a curve to the right, whose tangent bears N. 0 degrees 35 minutes 45 seconds E. having a radius of 60 feet, through a central angle of 90 degrees 00 minutes 00 seconds an arc length of 94.25 feet; thence S. 89 degrees 24 minutes 15 seconds E. 37.00 feet; thence on a tangent curve to the right, having a radius of 554.00 feet through a central angle of 40 degrees 17 minutes 38 seconds an arc length of 389.61 feet; thence S. 49 degrees 06 minutes 37 seconds E. 467.04 feet; thence at a right angle S. 40 degrees 53 minutes 23 seconds W. 10.00 feet to the Southwesterly line of a 10.00 foot wide public utility easement recorded in Book 7582 of Official Records, at page 607, Santa Clara County Records and the true point of beginning; thence along said Southwesterly line S. 49 degrees 06 minutes 37 seconds E. 135.00 feet; thence leaving said Southwesterly line N. 62 degrees 36 minutes 22 seconds W. 51.42 feet; thence N. 49 degrees 06 minutes 37 seconds W. 35.00 feet; thence N. 35 degrees 36 minutes 52 seconds W. 51.42 feet to the true point of beginning. 10. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Cupertino Sanitary District of Santa Clara County, a body politic and corporate For: installation and maintenance and use for conveying sewage, such pipeline or lines Recorded: February 11, 1972 in Book 9701, Page 83, Official Records Affects: The Southeasterly 12.00 feet of the Northeasterly 590.87 feet of Parcel 6 Pale No. 4 EXHIBIT B File No. 00118592-A 11. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Pacific Gas and Electric Company, a California corporation For: underground and above ground facilities Recorded: April 26, 1972 in Book 9806, Page 34, Official Records Affects: Strips of land not to exceed 10 feet in width, which shall be in locations approved by Vallco Park, Ltd., a limited partnership or its authorized agent or representative (Affects Parcels 3 and 4) 12. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: California Water Service Company, a corporation For: pipe line or pipe Recorded: June 14, 1972 in Book 9879, Page 114, Official Records Affects: a portion of Parcel 6 13. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: California Water Service Company, a corporation For: water pipeline Recorded: June 14, 1972 in Book 9879, Page 120, Official Records Affects: a portion of Parcel Two 14. Matters in an instrument which among other things, provided for the reciprocal exchange of rights and easements, limitations, covenants, conditions and restrictions, Executed by: Vallco Park Ltd., a limited partnership and Grosvenor Cupertino Partners, a general partnership Recorded: February 3, 1981 in Book F 884, Page 241, Official Records. Among other things said instrument, in part, provides for an easement or easements affecting the portion of said land and for the purpose stated herein and incidental purposes, In favor of: Grosvenor Cupertino Partners, a general partnership For: common driveway Affects: as follows: Beginning at the most Southerly corner of said Parcel 6, as shown upon said Parcel Map and running thence along the Northwesterly boundary line of Parcel 7, as shown on said Map N. 30 degrees 00 minutes 28 seconds E. 970.09 feet to the Southerly boundary line of Pruneridge Avenue; thence along said Pruneridge Avenue along a curve to the right having a radius of 646.00 feet, whose central point bears N. 33 degrees 36 minutes 38 seconds E. through a central angle of 3 degrees 06 minutes 30 seconds for an arc length of 35.05 feet to a point of cusp; thence leaving said Pruneridge Avenue along a curve to the right, having a radius of 35.00 feet, through a central angle of 39 degrees 15 minutes 39 seconds for an arc length of 23.98 feet; thence S. 30 degrees 00 minutes 28 seconds W. 35.00 feet; thence S. 17 degrees 12 minutes 13 seconds W. 67.68 feet; thence S. 30 degrees 00 minutes 28 seconds W. 848.55 feet to a point in the Southwesterly Page No. 5 EXHIBIT File No. 00118592-A boundary line of said Parcel 6; thence along said. Southwesterly line S. 52 degrees 40 minutes 11 seconds E. 12.10 feet to the point of beginning. Said agreement was amended by a First Amended and Restated Reciprocal Right of Way Easement and Maintenance Agreement, Executed by: Vallco Park Ltd., a limited partnership and Grosvenor Cupertino Partners, a general partnership Recorded: January 15, 1982 in Book G 554, page 683, Official Records Reference to the records is hereby made for further particulars. 15. Matters in an instrument which among other things, provides for the reciprocal exchange of rights and easements, limitations, covenants, conditions and restrictions, Executed by: Vallco Park Ltd., a California limited partnership and Bay 528 Corporation, a California corporation For: vehicular and pedestrian access, directional sign and parking Recorded: April 12, 1982 in Book G 719, Page 451, Official Records. Reference to the records is hereby made for further particulars. 16. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Tandem Corporation Incorporated, a Delaware corporation For: a non-exclusive easement for the subsurface installation and operation Recorded: July 22, 1987 in Book K 233, Page 438, Official Records Affects: as follows: Beginning at a point on the Southeasterly line of that certain 1.434 acre parcel of land described as Parcel 6 on that certain Parcel Map recorded in Book 329 of Maps, at page 49, Santa Clara County Record; distant thereon N. 30 degrees 00 minutes 28 seconds E. 9.42 feet from the most Southerly corner thereof, thence leaving said point of beginning and said Southeasterly line of Parcel 6, along the following courses and distances: N. 36 degrees 47 minutes 37 seconds W. 6.71 feet; N. 9 degrees 21 minutes 07 seconds W. 11.75 feet; N. 23 degrees 24 minutes 52 seconds E. 15.95 feet; N. 30 degrees 02 minutes 09 seconds E. 305.39 feet; N. 45 degrees 53 minutes 36 seconds E. 18.76 feet; N. 43 degrees 01 minutes 58 seconds E. 20.19 feet; N. 34 degrees 36 minutes 17 seconds E. 23.01 feet; N. 30 degrees 05 minutes 03 seconds E. 168.56 feet and S. 58 degrees 57 minutes 49 seconds E. 3.54 feet to a point on said Southeasterly line of Parcel 6; thence along said Southeasterly line of Parcel 6, S. 30 degrees 00 minutes 28 seconds W. 3.70 feet; thence leaving said Southeasterly line along the following courses and distances: N. 58 degrees 57 minutes 49 seconds W. 1.55 feet; S. 30 degrees 05 minutes 03 seconds W. 164.90 feet; S. 34 degrees 36 minutes 17 seconds W. 23.24 feet; S. 43 degrees 01 minutes 58 seconds W. 20.39 feet; S. 45 degrees 53 minutes 36 seconds W. 18.53 feet; S. 30 degrees 02 minutes 09 seconds W. 305.00 feet; S. 23 degrees 24 minutes 52 seconds W. 15.25 feet; S. 9 degrees 21 minutes 07 seconds E. 10.67 feet and S. 36 degrees 47 minutes 37 seconds E. 5.36 feet to a point on said Southeasterly line of Parcel 6; thence along said Southeasterly line S. 30 degrees 00 minutes 28 seconds W. 2.18 Page No. 6 EXHIE"iT B File No. 00118592-A feet to the point of beginning. Covenants, conditions and restrictions in the above mentioned instruments. 17. A deed of trust to secure an indebtedness in the original amount shown below, Dated: February 12, 1996 Amount: $10,000,000.00 Trustor: Sobrato Interests III, a California limited partnership Trustee: Union Bank, a California banking corporation Beneficiary: Union Bank, a California banking corporation Recorded: February 21, 1996 in Book P 211, Page 534, Official- Records Address: 200 Pringle Avenue, Suite 9250, Walnut Creek, CA 94596 Loan No.: 8455945818 18. An unrecorded Lease, affecting the premises herein stated, executed by and between the parties named herein, for the terms and upon the terms, covenants, and conditions therein provided, Dated: February 12, 1996 Lessor: Sobrato Interests III, a California limited partnership Lessee: Hewlett-Packard Company, a California corporation Disclosed by: Subordination, Nondisturbance and Attornment Agreement Recorded: February 21, 1996 in Book P 211, Page 544, Official Records Affects: herein described property The present ownership of said Leasehold and other matters affecting the interest of the lessee are not shown herein. A subordination, Non -Disturbance and Attornment Agreement and provisions contained therein, which conditionally subordinates said lease to the deed of trust recorded February 21, 1996 in Book P 211, Page 534, Official Records Executed by: Sobrato Interests III, a California limited partnership; Hewlett-Packard Company, a California limited partnership and Union Bank, a California banking corporation Recorded: February 21, 1996 in Book P 211, Page 544, Official Records 19. The requirement that this company be provided with evidence that name of partnership, a Limited Partnership remains in existence and is in compliance with the Revised Limited Partnership Act of the State of California. Whether said partnership has or has not elected to be governed by said act, a Certificate of Limited Partnership must be filed in the Office of the Secretary of State as required by said act and this company requires that a certified copy thereof be recorded in the Office of the Recorder of the County of Santa Clara. Page No. 7 EXH Y 11 B File No. 00118592-A 20. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 21. Any facts, rights, interests or claims which a correct survey would show. (VOTES: , a. Date last insured: 2-12-96 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. C. 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. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- Grantor: Wells Fargo Bank, N.A., a national banking association Grantee: Sobrato Development Company 9871, a California limited partnership Recorded: September 15, 1995 in Book P001, Page 1489, Official Records. Grantor: Sobrato Development Company 4871, a California limited partnership Grantee: Sobrato Interests III, a California limited partnership Recorded: December 12, 1995 in Book P 123, Page 0180, Official Records. f. TAXES for the fiscal year 1996-97, a lien, shown as follows: 1st Installment $5,916.01 Paid 2nd Installment $5,916.01 Paid Assessor's Parcel No. 316-06-028 Code Area 13-005 Land $873,969.00 IMP NONE PP NONE Exemp NONE (Affects Parcel 3) Page No. 8 E H I B F T B File No. 00118592-A g. TAXES for the fiscal year 1996-97, a lien, shown as follows: 1st Installment $21,390.92 Paid 2nd Installment $21,390.92 Paid Assessor's Parcel No. 316-06-029 Code Area 13-005 Land $3,091,873.00 IMP $575,000.00 PP NONE Exemp NONE (Affects Parcel 4) h. TAXES for the fiscal year 1996-97, a lien, shown as follows: 1 st Installment $10,599.72 Paid 2nd Installment $10,599.72 Paid Assessor's Parcel No. 316-06-030 Code Area 13-005 Land $1,855,124.00 IMP NONE PP NONE Exemp NONE (Affects Parcel 5) i. TAXES for the fiscal year 1996-97, a lien, shown as follows: 1 st Installment $6,374.83 Paid 2nd Installment $6,374.83 Paid Assessor's Parcel No. 316-06-031 Code Area 13-005 Land $1,179,034.00 IMP NONE PP NONE Exemp NONE (Affects Parcel 6) Paae No. 9 E `H 1131 B File No. 00118592-A SCHEDULE C LEGAL DESCRIPTION All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcels 3, 4, 5 and 6, as shown on that Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 7, 1973, in Book 329 of Maps, page(s) 49 and a Certificate of Correction thereof recorded on August 14, 1975 in Book B 561, page 100, Official Records. PARCEL TWO: A non-exclusive. easement in common for vehicular and pedestrian ingress and egress over parcel of land described as follows: Being all that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 7, as shown upon the Parcel Map filed for record in Book 329 of Maps, at page 49, Santa Clara County Records, being more particularly described as follows: Beginning at the most Northwesterly corner of Parcel 7, as shown upon that certain Parcel Map recorded in Book 329 of Maps, at page 49, Santa Clara County Records. Thence from said point of beginning Southeasterly along a curve in the Southerly line of Pruneridge Avenue, concave to the Northeast from which the center of said curve bears N. 33 degrees 36 minutes 38 seconds E. with a radius of 646 feet, through a central angle of 3 degrees 19 minutes 44 seconds for an arc distance of 37.53 feet to a point of cusp; thence from said point of cusp Westerly and Southwesterly along a curve concave to the Southeast from which the center of said curve bears S. 16 degrees 20 minutes 23 seconds E. with a radius of 38.00 feet, through a central angle of 43 degrees 39 minutes 09 seconds for an arc distance of 28.95 feet; thence S. 30 degrees 00 minutes 28 seconds W. 493.90 feet; thence N. 57 degrees 22 minutes 02 seconds W. 15.01 feet; thence S. 30 degrees 00 minutes 28 seconds W. 422.64 feet; thence N. 52 degrees 40 minutes 11 seconds W. 12.10 feet to the Northwesterly line of said Parcel 7; thence N. 30 degrees 00 minutes 28 seconds E. along said line 941.87 feet to the point of beginning. ARB No: 316-6-28, 29, 30 & 31 O t i.E CIV 001 + r 9 a o Q t• ( D n d�•+ ��/ �' tea^ ^ - � C 01 nil O ` / z •is1�f�ta / /. N MAN s •� � w. o. I$ e ` r w� r U �V r �s/ a � ll a —s� •c IlAi1 n n r it • r T SN tt" v V �, Ja 1D rJ Y1 • 1 t 1P . • a4 a1► � Y (a► tc►°t A •, 0. O l0 3 J b S � n iW O A mmmmmmmmmmmm®mm000000mo©m000000000 "HIM tit I� � � �mm=mmmmmmmmmmmmmmmmmmmmmmmmmm € 41 tit ■ tit t _ f tit WOLFS _ _ I►OAD _� yam. } ., - o e o v EXHIBIT _ B EXHIBIT "A" EXHIMT B LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form I Coverage. If the issuance of anv other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 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 locations 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 had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date or policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services. labor or materials, 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 or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commencedsubsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (i i) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept 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 purchaser for value or ajudgment or lien creditor. EXHIBIT "A" - continued EXHIBIT B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE I. (a) Anv 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 locations of any improvement now or hereafter erected on the lams; (ii) 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 had 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.: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. Unenforceability of the lien of the 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. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by 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. EXCEPTIONS FROM COVERAGE I. Taxes or assessments which are not shown as existing liens by the records of any taking authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records.