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LLA-Roman Catholic Bishop of San Jose & Roman Catholic Welfare Corp of San Jose-10110 & 10120 N De Anza Blvd, APNs: 316-26-093 & 316-26-092A 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 DOCUMENT: 15847913 111111111111111111111111� ®i ®'�k Titles:l / Pages 31 Fees.... No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RDE # 002 SANTA CLARA COUNTY RECORDER 8/30/2001 Recorded at the request of 8:00 AM Alliance Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT, THE ROMAN CATHOLIC BISHOP OF SAN JOSE, A CALIFORNIA CORPORATION (PARCEL A), APN 316-26-093, 10110 NORTH DEANZA BOULEVARD; THE ROMAN CATHOLIC WELFARE CORPORATION OF SAN JOSE, A CALIFORNIA NONPROFIT RELIGIOUS CORPORATION (PARCEL B), APN 316-26-092, 10120 NORTH DEANZA BOULEVARD PUBLIC WORKS 0 C T 0 4 2001 rr, Original For Fast Endorsement LOT LINE ADJUSTMENT Property Owners: The Roman Catholic Bishop of San Jose, a California Corporation (Parcel A), APN 316-26-093,10110 North De Anza Boulevard The Roman Catholic Welfare Corporation Of San Jose, A California Nonprofit Religious Corporation (Parcel B), APN 316-26-092, 10120 North De Anza 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 A and B, as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.010H 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 ,,% 2001. RALPH A. QUALLS, JR. CITY ENGINEER CITY OF CUPERTINO EXHIBITA LEGAL DESCRIPTION EXISTING PARCELS All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL A (APN: 316-26-93) Beginning at the northwesterly corner of Parcel 2 as shown on that Parcel Map filed for record in the office of the Recorder of County of Santa Clara, State of California on September 17, 1986 in Book 565 of Maps at pages 6 and 7; thence proceeding southerly on the general westerly line of said Parcel 2, S 0° 0313011 W 180.04 feet to a general northwesterly corner of said parcel 2; thence westerly along the general northwesterly line of said Parcel 2, N 890 59' 00" W 250.00 feet to the easterly line of North De Anza Boulevard; thence northerly along said easterly line, N 00 03' 30" E 180.21 feet; thence easterly S 89° 5642" E 250.00 feet to the Point of Beginning. PARCEL B (APN: 316-26-92) Parcel One: All of Parcel 2, 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 17, 1986 in Book 565 of Maps at pages 6 and 7. Parcel Two: An easement 10.00 feet in width for sanitary sewer purposes, the centerline being described as follows: Beginning at a point in the Northerly line of Stevens Creek Boulevard, said point bears S 890 54' 00" E 290.00 feet from the Southwesterly corner of Parcel 1 as said parcel is shown on that certain Parcel Map filed for record in Book 565 of Maps at pages 6 and 7, Santa Clara County Records; thence from said point of beginning N 2° 06' 00" E 222.14 feet to the Northerly line of said Parcel 1 being the terminus of this easement. -J i " $ No. 30520 m S_P- �nQ � 1 LEGAL DESCRIPTION ADJUSTED PARCELS All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL A (APN: 316-26-93 ) Beginning at the northwesterly corner of Parcel 2 as shown on that Parcel Map filed for record in the office of the Recorder of County of Santa Clara, State of California on September 17, 1986 in Book 565 of Maps at pages 6 and 7; thence proceeding southerly on the general westerly line of said Parcel 2, S 0° 0313011 W 180.04 feet to a general northwesterly corner of said parcel 2; thence westerly along the general northwesterly line of said Parcel 2, N 89' 59' 00" W 250.00 feet to the easterly line of North De Anza Boulevard; thence northerly along said easterly line, N 00 03' 30" E 180.21 feet; thence easterly S 89' 56' 42" E 250.00 feet to the Point of Beginning. And in addition to the following area: Beginning at the northwesterly corner of said Parcel 2; thence proceeding easterly along the northerly line of said Parcel 2, S 89' 56' 42" E 19.74 feet; thence southerly along a line parallel and distant 19.74 feet easterly measured at right angles from the general westerly line of said Parcel 2, S 0° 03' 30" W 180.03 feet to the prolongation of the general northwesterly line of said Parcel 2; thence westerly along said prolongation N 89' 59' 00" W 19.74 feet to the general northwesterly property corner of said Parcel 2; thence northerly along said general northwesterly line, N 0° 03' 30" E 180.04 feet to the Point of Beginning. PARCEL B (APN: 316-26-92) Parcel One: All of Parcel 2, as shown on that Parcel Map file for record in the office of the Recorder of County of Santa Clara, State of California on September 17, 1986 in Book 565 of Maps at pages 6 and 7. Excepting therefrom the following area: All of that portion of said Parcel 2, more particularly described as follows: Beginning at the northwesterly corner of said Parcel 2; thence proceeding easterly along the northerly line of said Parcel 2, S 89' 56' 42" E 19.74 feet; thence southerly along a line parallel and distant 19.74 feet easterly measured at right angles from the general westerly line of said Parcel 2, S 0° 03' 30" W 180.03 feet to the prolongation of the general northwesterly line of said Parcel 2; thence westerly along said prolongation N 89' 59' 00" W 19.74 feet to the general northwesterly property corner of said Parcel 2; thence northerly along said general northwesterly line, N 0° 03' 30" E 180.04 feet to the Point of Beginning. Parcel Two: An easement 10.00 feet in width for sanitary sewer purposes, the centerline being described as follows: Beginning at a point in the Northerly line of Stevens Creek Boulevard, said point bears S 890 54' 00" E 290.00 feet from the Southwesterly corner of Parcel 1 as said parcel is shown on that certain Parcel Map filed for record in Book 565 of Maps at pages 6 and 7, Santa Clara County Records; thence from said point of beginning N 2° 06' 00" E 222.14 feet to the Northerly line of said Parcel 1 being the terminus of this easement. 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No: Property Address: 10110 North De Anza Boulevard Cupertino, CA 95014 APN: 316-26-093 ARB: 316-26-020 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: Preliminary Title Report Only Dated as of January 18, 2001 at 7:30 a.m. 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: The Roman Catholic Bishop of San Jose, a (California) corporation The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) 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. tgeNo. 2 EXH 1 B File No. 11015283-006- SV 1. TAXES for the fiscal year 2001-2002, a lien not yet due or payable. 2. TAXES for the fiscal year 2000-2001, alien, shown as follows: lst Installment $587.18 Paid 2nd Installment $587.18 Open Assessor's Parcel No. 316-26-093 Code Area 13-003 Land $125,995.00 IMP $335,949.00 PP NONE Exempt $461,944.00 3. 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. 4. Covenants, conditions and restrictions in the deed, Recorded: April 15, 1908 in Book 331 of Deeds, Page 247 NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Reference to the records is hereby made for further particulars. 5. A waiver in favor of the State of California of any claims for damage to said land by reason of the location, construction, landscaping or maintenance of a highway contiguous thereto, contained in the deed, From: The Roman Catholic Archbishop of San Francisco Recorded: May 15, 1956 in Book 3495, Page 342, Official Records 6. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, j ✓,, C- In Favor Of: City of Cupertino, a corporation For: Storm Drain Recorded: May 14, 1978 in Book D 524, Page 160, Official Records J2 Affects: A strip of land ten feet wide, measured at right angles to the centerline of said 1 ten foot strip of land being more particularly described as follows: . ;;e No. 3 1 File No. 11015283-006- SV Commencing at a point on the centerline of De Anza Boulevard (formerly Saratoga -Sunnyvale Road) with its intersection with the Westerly prolongation of the Northerly line of that certain parcel of land described in Deed from the President and Board of Trustees of Santa Clara College to The Roman Catholic Archbishop of San Francisco, a corporation sole, dated March 12, 1956 and recorded April 2, 1956 in Book 3545 of Official Records, page 341, Santa Clara County Records, said point of commencement being distant thereon N. 0 deg. 04' E. 660 feet from the intersection with the centerline of Stevens Creek Boulevard; thence from said point of commencement Easterly along said Westerly prolongation and along a portion of said Northerly line of the lands of Roman Catholic Archbishop of San Francisco a distance of 45.00 feet to the true point of beginning; thence from said true point of beginning S. 0 deg. 04' W. along a line parallel to and 45.00 feet distant Easterly, measured at right angles, from the centerline of De Anza Blvd., a distance of 180.00 feet, more or less to the Southerly line of said lands of the Roman Catholic Archbishop of San Francisco. 7. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, ' = In Favor Of. The Roman Catholic Archbishop of San Francisco, a corporation sole For: Public roadway, public utilities and improvements Recorded: September 15, 1978 in Book D 955, Page 216, Official Records Affects: A strip of land 30.00 feet in width, described as follows: Commencing at the intersection of Stevens Creek Boulevard and De Anza Boulevard (formerly Saratoga -Sunnyvale Road), thence N. 0 deg. 04' E. a distance of 440.00 feet to the intersection with a Southerly line of that certain parcel of land described in deed from The Roman Catholic Archbishop of San Francisco, to Roman Catholic Welfare Corporation of San Francisco, dated February 28, 1957 and recorded March 4, 1957 in Book 3742 of Official Records, in the office of the Recorder, County of Santa Clara, State of California, at page 398; thence S. 89' 59' E. a distance of 40.00 feet to the true point of beginning; thence the following courses and distances; thence S. 89 deg. 59' E. a distance of 30.00 feet; thence N. 0 deg. 04' E. a distance of 220.00 feet; thence N. 89 deg. 59' W. a distance of 30.00 feet; S. 0 deg. 04' W. a distance of 220.00 feet to the true point of beginning. 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 corporation For: Sidewalk Easement Recorded: August 30, 1995 in Book N 980, Page 1740, Official Records Affects: as follows: Commencing at the intersection of the centerline of De Anza Boulevard (formerly Saratoga - Sunnyvale Road) with the Northerly line of that certain parcel of land described in the Deed recorded in Book 3454 of Official Records, page 341, Santa Clara County Records, said point of commencement being on said centerline distant North 0° 03" West, 660 feet from the intersection with the centerline of Stevens Creek Boulevard; page No. 4 E 611 File No. 11015283-006- SV Thence from said point of commencement along said Northerly line North 89' 55' 00" East 97.60 feet to the true point of beginning; Thence from said true point of beginning continuing along said Northerly line North 890 55' 00" East 7.00 feet; Thence along a line parallel with and distant 104.60 feet Easterly measured at right angles from the center line of De Anza Boulevard South 0° 03' 00" East 135.26 feet; Thence South 17 09' 34" East 33.31 feet; Thence South 0° 03' 00" East 12.90 feet to the Southerly line of said Parcel described in the Deed recorded in Book 3454 of Official Records, page 341; Thence along said Southerly line South 89' 55' 00" West 7.00 feet; Thence along a line parallel with and distant 107.40 Easterly measured at right angles from the centerline of De Anza Boulevard North 0° 03' 00" West 11.85 feet; Thence North 17' 09' 34" West 33.31 feet; Thence North 0° 03' 00" West 136.31 feet to the true point of beginning. 9. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino For: Public road purposes and public utilities Recorded: August 30, 1995 in Book N 980, Page 1746, Official Records Affects: as follows: Commencing at the intersection of the centerline of De Anza Boulevard (formerly Saratoga - Sunnyvale Road) with the Northerly line of that certain parcel of land described in the Deed recorded in Book 3454 of Official Records, page 341, Santa Clara County Records, said point of commencement being on said centerline distant North 0° 03" West, 660 feet from the intersection with the centerline of Stevens Creek Boulevard; Thence from said point of commencement along said Northerly line North 89' 55' 00" East 70.00 feet to the true point of beginning on the Easterly line of the Roadway Easement described in the Deed recorded in Book D 955 of Official Records, page 216; Thence from said true point of beginning along said Easterly line South 0° 03' 00" East 180.00 feet to the Southerly line of said Parcel described in the Deed recorded in Book 3454 of Official Records, page 341; EXH , _.oe No. 5 I &I File No. 11015283-006- SV Thence along said Southerly line North 89' 55' 00" East 5.00 feet; Thence along a line parallel with and distant 75.00 feet Easterly measured at right angles from the center line of De Anza Boulevard North 0° 03' 00" West 86.00 feet; Thence North 1° 13' 3 8 " West 94.02 feet to said Northerly line; Thence along said Northerly line South 89' 55' 00" West 3.07 feet to the true point of beginning. 10. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 11. Any facts, rights, interests or claims which a correct survey would show. 12. Environmental Responsibility Acceptance: Evidence must be provided that there are no commitment statements in effect under Civil Code Section 850 et seq. with respect to the property. In order to remove this statement, the landowner will need to provide this company with an affidavit stating that they are not aware of any release reports or commitment statements which have been issued under this statute, with respect to the property. NOTES: a. Date last insured: not shown 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. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. No. 6 File No. 11015283-006- SV f. Title of the vestee herein was acquired by Deed -- Grantor: The President and Board of Trustees of Santa Clara College, a corporation Grantee: The Roman Catholic Archbishop of San Francisco, a corporation sole Recorded: April 02, 1956 in Book 3454, Page 341, Official Records. (Affects Parcel One) Grantor: Archibald Wilson and Pauline G. Wilson, husband and wife Grantee: The Roman Catholic Archbishop of San Francisco, a corporation sole Recorded: June 19, 1951 in Book 2235, Page 48, Official Records. (Affects Parcel Two) Grantor: The Roman Catholic Archbishop of San Francisco, a (California) corporation sole Grantee: The Roman Catholic Archbishop of San Jose, a (California) corporation sole Recorded: February 19, 1982 in Book G 611, Page 519, Official Records. i eNo. 7 EX Hb `t1 J File No. 11015283-006- SV SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at an iron bolt in the center line of the Saratoga -Sunnyvale Road, formerly Saratoga - Mountain View Road (said bolt being distant along said center line of said road N. 0 deg. 3' W. 10 chains from a stone monument in the center of Section 13, Township 7 South, Range 2 West M.D.M) and running thence N. 89 deg. 55' E. 272.00 feet; thence S. 0 deg. YE. 180.00 feet; thence S. 89 deg. 55' W. 272.00 feet to the center line of the Saratoga -Sunnyvale Road, formerly Saratoga -Mountain View Road; and running thence along the center line of said road N. 0 deg. 3' W. 180.00 feet to the point of beginning, being part of the Northeast 1/4 of said Section 13. Excepting therefrom all that portion described in the deed from The Roman Catholic Archbishop of San Francisco, a corporation sole, to State of California recorded May 15, 1956 in Book 3495 Official Records, page 342, and more particularly described as follows: Commencing at the Southwesterly corner of that parcel of land described in the deed from Alexander Montgomery, et ux, recorded April 5, 1908 in Book 331 of Deeds, at page 247, Records of Santa Clara County, being on the center line of the Saratoga -Sunnyvale Road (60 feet wide); thence along said center line N. 00 deg. 11' 50" W. 180.00 feet to the Northerly line of said parcel; thence along said Northerly line N. 89 deg. 46' 10" E. 30.74 feet; thence S. 02 deg. 32' 54" E. 128.17 feet to a line parallel with and distant 36.00 feet Easterly at right angles from the A5 line of the Department of Public Works' Survey for the State Highway in Santa Clara County, Road IV -SC 1-114-A; thence along said parallel line S. 00 deg. 11' 50" E. 51.93 feet to the Southerly line of said parcel; thence along last said line S. 89 deg. 46' 10" W. 36.00 feet to the point of commencement. Also excepting therefrom the interest dedicated in the instrument from The Roman Catholic Archbishop of San Francisco, a corporation sole, to City of Cupertino, recorded March 29, 1962 in Book 5519 Official Records, page 339, and more particularly described as follows: Beginning at a point in the Northerly line of that certain parcel of land described in the deed from the President and Board of Trustees of Santa Clara College to The Roman Catholic Archbishop of San Francisco, a corporation sole, dated March 12, 1956 and recorded April 2, 1956 in Book 3454 of Official Records in the office of the Recorder, County of Santa Clara, State of California, at page 341; said point being Easterly 30.74 feet distant, measured at right angles, from the center line of Saratoga - Sunnyvale Road (60 feet wide); thence Easterly along said Northerly line 9.25 feet; thence Southerly along a line parallel to and 10.00 feet distant, measured at right angles, from the East line of Saratoga - Sunnyvale Road (60 feet wide) 180.00 feet to the Southerly line of the aforesaid parcel; thence Westerly along said Southerly line 4.00 feet to the Southeast corner of that certain parcel of land described in deed EXHIB11 6 1 _;e No. 8 File No. 11015283-006- SV from The Roman Catholic Archbishop of San Francisco, a corporation sole, to the State of California dated January 25, 1956, recorded March 6, 1956 in Book 3495 Official Records, in the office of the Recorder, County of Santa Clara, State of California at page 342; thence Northerly along an East line of the parcel conveyed from The Roman Catholic Archbishop of San Francisco, to the State of California 51.93 feet; thence Northerly along an Easterly line of the same parcel 128.17 feet to the point of beginning of this description being a portion of the Southwest 1/4 of the Northeast 1/4 of Section 13, Township 7 South, Range 2 West M.D.B. & M. PARCEL TWO: Beginning at a point in the center line of Stevens Creek Road distant thereon South 89' 54' East 426.00 feet from a granite monument at the intersection thereof with the centerline of Saratoga -Sunnyvale Road, said point of beginning also being the Southeasterly corner of land conveyed by Alexander Montgomery, et ux to G. Homer Burtner by Deed recorded March 26, 1908 in Book 329 of Deeds, page 472, Santa Clara County Records; thence along the said center line of Stevens Creek Road South 89' 54' East 48.00 feet to the Southwesterly corner of land conveyed by Martha Neimuth to Martha Neimuth et al by Deed recorded November 20, 1937 in Book 849 of Official Records, page 446, Santa Clara County Records; thence along the Westerly line of said parcel as conveyed to Martha Neimuth et al North 00 04' East 182.00 feet to a 1 " iron pipe at the Northwesterly corner thereof, thence along the Northerly line of said parcel as conveyed to Martha Neimuth, et al and the Easterly prolongation thereof South 890 54' East 186.00 feet to a 1" iron pipe at the Northeasterly corner of land as conveyed by Vinnie L. Gibson to Thomas E. Gibson by Deed recorded December 21, 1949 in Book 1896 of Official Records, page 12, Santa Clara County Records, thence along the most Easterly line of land as conveyed at Parcel No. 3 by Archibald Wilson, et ux, to Archibald Wilson, et ux, by Deed recorded June 4, 1936 in Book 778 of Official Records, page 29, Santa Clara County Records North 0° 04' East 478.96 feet to a 1 " iron pipe at the Northeasterly corner thereof; thence along the Northerly line of said Parcel No. 3 North 89' 59' West 388.00 feet to a 1" iron pipe at the Northeasterly corner of land as conveyed by Alexander Montgomery, et ux, to The President and Board of Trustees of Santa Clara College by Deed recorded April 15, 1908 in Book 331 of Deeds, page 247, Santa Clara County Records; thence along the Easterly line of said property conveyed to the Santa Clara College South 0° 04' West 180.00 feet to a 1" iron pipe at the Southeasterly corner thereof, thence along the Southerly line thereof North 89' 59' West 272.00 feet to a point in the center line of Saratoga -Sunnyvale Road; thence along the said center line South 0° 04' West 40.00 feet to a point distance thereon North 0° 04' East 440.00 feet from the intersection thereof with the center line of Stevens Creek Road; thence along the Northerly line and the Westerly and Easterly prolongation thereof of the land as conveyed by Alexander Montgomery et ux, to Claude J. Parrish, et ux by Deed recorded February 1, 1911 in Book 360 of Deeds, page 286 Santa Clara County Records, South 89' 59' East 426.00 feet to a V iron pipe; thence along the Northerly prolongation of the Easterly line and the Easterly line of land so conveyed to G. Homer Burtner South 0° 04' West 440.62 feet to the point of beginning. Excepting therefrom all that portion of land granted to the Roman Catholic Welfare Corporation of San Francisco, by deed filed for record in the office of the Recorder of the County of Santa Clara on March 4, 1957 in Book 3742 at page 398, Official Records and being more particularly described as follows: 1 ,e No. 9 NA/'HI II File No. 11015283-006- SV Beginning at a point in the center line of Stevens Creek Road distant thereon South 89' 54' East 426.00 feet from a granite monument at the intersection thereof with the centerline of Saratoga -Sunnyvale Road, said point of beginning also being the Southeasterly corner of land conveyed by Alexander Montgomery, et us to G. Homer Burtner by Deed recorded March 26, 1908 in Book 329 of Deeds, page 472, Santa Clara County Records; thence along the said center line of Stevens Creek Road South 89' 54' East 48.00 feet to the Southwesterly corner of land conveyed by Martha Neimuth to Martha Neimuth et al by Deed recorded November 20, 1937 in Book 849 of Official Records, page 446, Santa Clara County Records; thence along the Westerly line of said parcel as conveyed Martha Neimuth et al North 01 04' East 182.00 feet to a 1" iron pipe at the Northwesterly corner thereof; thence along the Northerly line of said parcel as conveyed to Martha Neimuth, et al and the Easterly prolongation thereof South 890 54' East 186.00 feet to a 1" iron pipe at the Northeasterly corner of land as conveyed by Vinnie L. Gibson to Thomas E. Gibson by Deed recorded December 21, 1949 in Book 1896 of Official Records, page 12, Santa Clara County Records; thence along the most Easterly line of land as conveyed as Parcel No. 3 by Archibald Wilson et ux, to Archbald Wilson, et ux by Deed recorded June 4, 1936 in Book 778 of Official Records, page 29, Santa Clara County Records North 0° 04' East 478.96 feet to a 1" iron pipe at the Northeasterly corner thereof, thence along the Northerly line of said Parcel No. 3 North 89' 59' West 370' to a point which bears South 89' 59' East 18.00 feet from a 1" iron pipe at the Northeasterly corner of land as conveyed by Alexander Montgomery, et ux, to the President and Board of Trustees of Santa Clara College by Deed recorded April 15, 1908 in Book 331 of Deeds, page 297, Santa Clara County Records; thence South 0° 04' West 180.00 feet to a point which bears South 89' 59' East 18.00 feet from a 1" iron pipe at the Southeasterly corner of the last mentioned land; thence along the Southerly line thereof North 89' 59' West 290' to a point in the center line of Saratoga -Sunnyvale Road; thence along the said center line South 0° 04' West 40.00 feet to a point distant thereon North 0° 04' East 440.00 feet from the intersection thereof with the center line of Stevens Creek Road; thence along the Northerly line and the Westerly and Easterly prolongations thereof of the land as conveyed by Alexander Montgomery et ux to Claude J. Parrish, et ux by Deed, recorded February 1, 1911 in Book 360 of Deeds, page 286 Santa Clara County Records, South 89' 59' East 426.00 feet to a 1" iron pipe; thence along the Northerly prolongation of the Easterly line and the Easterly line of land as conveyed to G. Homer Burtner South 0" 04' West 440.62 feet to the point of beginning. ARB No: 316-26-020 APN No: 316-26-093 '^ W t N 5 $ (P) B o a k' �E M 9 0m 1 QA18 N338D 5N3A31S •s BF/ 609 S O'!! •zf -/I -if -GdfW /9FLc a _ snoz Lsror U'If► - 1 OL'l� C9'L, � 59W s 1 �•Dr I NI ey J 01I "' I a I a u I v Iron zeE �I o N m„ �I09 L------------------------------------------ 1 salt♦ Q n � 0 Q g O O'R � N N� at �E OEJ 6 J v/tl 0t ._. ... c G12 0 a J m o g . IS LG 'A 011 1— Yi &Y— jl .O liil O `OG u 'Q) 1 I eGeoi -- - '-ioi[il lLJ O O :21 --._'CIt•_-----zll._ t..—_.III __—. ^—_. ._96'211--___ Cal Its 1(01 ^• (ef . -W _ I Q_ =---31r--- V---211-------'�----,p----- -J—------- t42u N M �I od o Yi OI w '" h� [ d V•� rn n J a}• -'Lli - of -zL _.'�---...lii .. T zezn' } A e + N _ Oti 1 a � {{pp Znl11rY���• - � $ ryry IA yyyN^III 5�911 -� Y -_ 9S:•UI ,+ n7 VI O Z : ioI N rl liil (�. n •R .- Zt' ir— 6 C ^ y� --on, _ 41 1 �-cl� I ovl _ o COI 1.1 n1 io bl � h CY ---- --- I Z•�� 0 9B ----z„-- -ttol '-- m to eB a -- --'- c11Z --- --+ I ioovl o o Z n � M gd�^N � � � ��•Q v �I a �' ll tol d a i � 26 U6 f016 I yJ IG £Z 1' J �r lleniX EXHIBIT "A" XH-611 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 1 Coverage. If the issuance of any 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. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (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. 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 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 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 a judgment or lien creditor. EXHIBIT "A" - continued EXHIB11 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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; (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 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or 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. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records. AllianceTitle PRELIMINARY REPORT ORDER NO. 11025652-006- SV Diocese of San Jose 900 Lafayette Street 9301 Santa Clara, CA 95050 Attn.: Chuck Buckley Escrow Branch: 901 Campisi Way, #360 Campbell, CA 95008 (408) 559-3424 Fax (408) 377-9618 Escrow Officer: Susan Villaverde/ep Ref. No: Property Address: 10120 North De Anza Boulevard Cupertino, CA 95014 APN: 316-26-092 ARB: 316-26-037 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: Preliminary Title Report Only Dated as of April 30, 2001 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(s) One AN EASEMENT as to Parcel(s) Two Title to said estate or interest at the date hereof is vested in: The Roman Catholic Welfare Corporation of San Jose, a California nonprofit religious corporation The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) 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 XHIB11 File No. 11025652-006- SV 1. TAXES for the fiscal year 2001-2002, a lien not yet due or payable. 2. 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. 3. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: G. Homer Burtner For: Ingress, egress and public utilities Recorded: June 19, 1951 in Book 2235, Page 40, Official Records Affects: a strip of land 48.00 feet wide more particularly described as follows: Beginning at a 3/4" iron pipe in the Northerly line of Stevens Creek Road at the intersection thereof with the Easterly line of parcel as conveyed to G. Homer Burtner; thence along the said Northerly line of Stevens Creek Road South 89' 54' East 48.00 feet to a 1" iron pipe in the Westerly line of that certain parcel of land conveyed by Martha Neimuth to Martha Neimuth et al, recorded November 20, 1937 in Book 849 of Official Records, page 446, Santa Clara County Records; thence along the Westerly line of parcel as conveyed to Martha Neimuth et al and the Northerly prolongation thereof North 0° 04' East 192.60 feet, thence North 89' 54' West 48.00 feet to a 1" iron pipe at the Northeasterly corner of the hereinbefore described parcel; thence along the Easterly line of the hereinbefore described parcel and its Southerly prolongation South 0° 04' West 192.60 feet to the point of beginning. 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Martha Neimuth and Mary Barclay, as joint tenants For: Ingress and egress and for Public utilities Recorded: June 19, 1951 in Book 2235, Page 42, Official Records Affects: as follows: Beginning at a 3/4" iron pipe in the Northerly line of Stevens Creek Road at the intersection thereof with the Easterly line of that certain parcel of land conveyed by Alexander Montgomery, et ux to G. Homer Burtner, recorded March 26, 1908 in Book 329 of Deeds, page 472, Santa Clara County Records; thence along the said Northerly line of Stevens Creek Road South 89' 54' East 48.00 feet to a 1 " iron pipe in the Westerly line of that certain parcel of land conveyed by Martha Neimuth to Martha Neimuth et al, recorded November 20, 1937 in Book 849 of Official Records, page 446, Santa Clara County Records; thence along the Westerly line of parcel as conveyed to Martha Neimuth, et al North 0° 04' East 152.00 feet to a 1" iron pipe; thence North 89' 54' West 48.00 feet to the Northeasterly corner of parcel conveyed to G. Homer Burtner; thence along the Easterly line of parcel conveyed to G. Homer Burtner South 00 04' West 152.00 feet to the point of beginning. Surveyed in November, 1950, by Mark Thomas & Co. Page No. 3 File No. 11025652-006- SV 5. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: The Cupertino Store, a corporation For: Ingress, egress and public utilities Recorded: June 19, 1951 in Book 2235, Page 44, Official Records Affects: as follows: (A) Beginning at a 1 " iron pipe set in the Easterly line of Saratoga -Sunnyvale Road at the Northwesterly corner of the hereinbefore mentioned parcel conveyed to Claude J. Parrish, et ux; thence along the Northerly line and Easterly prolongation thereof of said Parcel South 890 59' East 280.75 feet to a 1" iron pipe; thence North 00 04' East 40.00 feet to a 1" iron pipe; thence along the Easterly prolongation of the Southerly line and the Southerly line of land conveyed to The President and Board of Trustees of Santa Clara College by Alexander Montgomery et ux by Deed recorded April 15, 1908 in Book 331 of Deeds, page 247, Santa Clara County Records; North 89' 59' West 280.75 feet to a 1" iron pipe set in the Easterly line of Saratoga -Sunnyvale Road; thence along said Easterly line of Saratoga -Sunnyvale Road South 0° 04' West 40.00 feet to the point of beginning. (B) Beginning at a 3/4" iron pipe set in the Northerly line of Stevens Creek Road at the intersection thereof with the Easterly line of hereinbefore mentioned parcel of land conveyed to G. Homer Burtner; thence along said Easterly line of said parcel of land and the Northerly prolongation thereof North 0° 04' East 232.60 feet to a 1" iron pipe; thence South 89' 54' East 48.00 feet to a 1" iron pipe;. thence along the Northerly prolongation of the Westerly line and the Westerly line of land conveyed by Martha Neimuth to Martha Neimuth et al by deed recorded November 20, 1937 in Book 849 of Official Records, page 446, Santa Clara County Records, South 0° 04' West 232.60 feet to a V iron pipe in the Northerly line of Stevens Creek Road; thence along said Northerly line of Stevens Creek Road North 89' 54' West 48.00 feet to the point of beginning. 6. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Claude J. Parrish and Grace R. Parrish, husband and wife For: Ingress and egress and for public utilities Recorded: June 19, 1951 in Book 2235, Page 46, Official Records Affects: as follows: Beginning at a 1 " iron pipe in the Easterly line of the Saratoga -Sunnyvale Road at the Northwesterly corner of that certain parcel of land conveyed by Alexander Montgomery, et ux to Claude J. Parrish, et ux, by deed recorded February 1, 1911, in Book 360 of Deeds, page 286, Santa Clara County Records; thence Easterly along the Northerly line of said land as conveyed to Claude J. Parrish, et ux, South 99' 59' East 240.75 feet to a 1" iron pipe at the Northeasterly corner of said land as conveyed to said Parrish; thence North 0° 04' East 40 feet to the Southerly line of land as conveyed by Alexander Montgomery, et ux, to the President and Board of Trustees of 7 Page No. 4 AH0'1 File No. 11025652-006- SV Santa Clara College by Deed recorded April 15, 1908 in Book 331 of Deeds, page 247, Santa Clara County Records; thence along the Southerly line of said lands as conveyed to the President and Board of Trustees of Santa Clara College North 89' 59' West 240.75 feet to a point in the Easterly line of said Saratoga -Sunnyvale Road; thence along the Easterly line of said Road South 0° 04' West 40 feet to the place of beginning. 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: Sanitary sewer easement Recorded: February 10,1959 in Book 4319, Page 158, Official Records Affects: A strip of land ten (10) feet in width, the Westerly and Southerly lines of which are more particularly described as follows: Beginning at a point at the intersection of the Northerly line of Stevens Creek Boulevard, as it formerly existed 60 feet in width with a Westerly line of that 3.80 acre tract of land conveyed to Roman Catholic Welfare Corporation of San Francisco St. Joseph's of Cupertino Parish, by deed recorded in Book 3742, Official Records, page 398, Santa Clara County Records, said point being also on the Easterly line of that certain tract of land conveyed to G. Homer Burtner by deed recorded in Book 329 of Deeds, page 472, Santa Clara County Records; thence Northerly along said Westerly line of that 3.80 acre tract to the Northeasterly corner of Parcel No. 3 described in deed to The Argonaut Co., a copartnership, recorded in Book 3594, Official Records, pages 263 and 264, Santa Clara County Records; thence Westerly along a Southerly line of said 3.80 acre tract to the intersection thereof with the Easterly line of Saratoga -Sunnyvale Road, 72 feet in width. S. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor O£ City of Cupertino, a municipal corporation For: Storm drain easement Recorded: March 14, 1978 in Book D 524, Page 168, Official Records Affects: A strip of land ten feet wide, measured at right angles, the centerline of said ten foot strip of land being more particularly described as follows: Commencing at a point on the centerline of De Anza Boulevard (formerly Saratoga -Sunnyvale Road) at its intersection with the Westerly prolongation of a Northerly line of that certain parcel of land described in deed from the Roman Catholic Archbishop of San Francisco, a Corporation sole, to Roman Catholic Welfare Corporation of San Francisco, St. Joseph of Cupertino's Parish, a corporation, dated February 28, 1957 and recorded March 4, 1957 in Book 3742 of Official Records, page 398, Santa Clara County Records, said point of commencement being a distant thereon N. 0° 04' E., 480 feet from the intersection with the centerline of Stevens Creek Boulevard; PageNo.5 MAH1�11 File No. 11025652-006- SV Thence from said point of commencement, Easterly along said Westerly prolongation and along a portion of said Northerly line of the lands of Roman Catholic Welfare Corporation of San Francisco, a distant of 45.00 feet to the true point of beginning. Thence from said true point of beginning, Southerly along a line parallel to and 45.00 feet distant, measured at right angles, from the centerline of De Anza Blvd., a distance of 40.00 + feet to the Southerly line of said lands of the Roman Catholic Welfare Corporation of San Francisco, said point also being on the Northerly line of that certain parcel of land as shown on Parcel Map Recorded in Book 401 of Maps at page 7, Santa Clara County Records. 9. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: The City of Cupertino For: Public roadway and public utilities Recorded: August 18, 1978 in Book D 955, Page 216, Official Records Affects: A strip of land 30.00 feet in width, described as follows: Commencing at the intersection of Stevens Creek Boulevard and De Anza Boulevard (formerly Saratoga -Sunnyvale Road), thence N. 0° 04' E., a distance of 440.00 feet to the intersection with a Southerly line of that certain parcel of land described in deed from the Roman Catholic Archbishop of San Francisco, to Roman Catholic Welfare Corporation of San Francisco, dated February 28, 1957 and recorded March 4, 1957 in Book 3742 of Official Records, in the Office of the Recorder, County of Santa Clara, State of California, at page 398; Thence S. 89' 59' E., a distance of 40.00 feet to the true point of beginning; Thence the following courses and distances: Thence S. 89' 59' E., a distance of 30.00 feet Thence N. 0° 04' E., a distance of 220.00 feet Thence N. 89' 59' W. a distance of 30.00 feet Thence S. 0° 04' W., a distance of 220.00 feet to the true point of beginning. 10. An Agreement assigning rights relating to real property, subject to the terms and conditions contained in the instrument Dated: September 26, 1986 Executed by: The Roman Catholic Welfare Corporaiton of San Jose, a California nonprofit Public benefit corporation Recorded: October 14, 1986 in Book J 879, Page 603, Official Records Page No. 6 XI �'� File No. 11025652-006- SV 11. A Compliance with Conditions, subject to the terms and conditions contained in the instrument Dated: October 17, 1986 Executed by: The Roman Catholic Welfare Corporaiton of San Jose, a California nonprofit Public benefit corporation Recorded: October 24, 1986 in Book J 893, Page 1530, Official Records 12. An Agreement assigning rights relating to real property, subject to the terms and conditions contained in the instrument Dated: February 03, 1989 Executed by: The Roman Catholic Welfare Corporaiton of San Jose, a California nonprofit Public benefit corporation Recorded: February 03, 1989 in Book K 840, Page 321, Official Records 13. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: The City of Cupertino, a municipal corporation For: Sidewalk Easement Recorded: August 30, 1995 in Book N 980, Page 1752, Official Records Affects: as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 2, as shown on that Parcel Map filed for record in Book 565 of Maps at pages 6 and 7, Santa Clara County Records, described as follows: Commencing at the intersection of centerline of Stevens Creek Boulevard and centerline of De Anza Boulevard (formerly Saratoga -Sunnyvale Road); Thence from said point of commencement along the centerline of De Anza Boulevard North 0° 04' 00" East 440.00 feet to the intersection with the Southerly line of that certain parcel of land described in the Deed recorded in Book 3742 of Official Records at page 398; Thence along said Southerly line South 89' 59' 00" East 107.40 feet to the true point of beginning. Said true point of beginning being 37.40 feet distant from the Southeasterly corner of the roadway easement recorded in Book D 955 of Official Records at page 216; Thence along a line parallel with and distant 107.40 feet Easterly measured at right angles from the centerline of De Anza Boulevard, North 0° 04' 00" East 40.00 feet to the Northerly line of said Parcel 2; Thence along said Northerly line South 89' 59' 00" East 7.00 feet; Thence along a line parallel with and distant 114.50 feet Easterly measured at right angles from the centerline of De Anza Boulevard South 0° 04' 00" West 40.00 feet; EXH- Page No. 7 811 File No. 11025652-006- SV Thence along said Southerly line North 89' 59' 00" West 7.00 feet to the true point of beginning. 14. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of. The City of Cupertino For: Public roadway purposes and public utilities Recorded: August 30, 1995 in Book N 980, Page 1758, Official Records Affects: as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 2, as shown on that Parcel Map filed for record in Book 565 of Maps at pages 6 and 7, Santa Clara County Records, described as follows: Commencing at the intersection of centerline of Stevens Creek Boulevard and centerline of De Anza Boulevard (formerly Saratoga -Sunnyvale Road); Thence from said point of commencement along the centerline of De Anza Boulevard North 0° 04' 00" East 440.00 feet to the intersection with the Southerly line of that certain parcel of land described in the Deed recorded in Book 3742 of Official Records at page 398; Thence along said Southerly line South 89' 59' 00" East 70.00 feet to the true point of beginning. Said true point of beginning being the Southeasterly corner of the roadway easement recorded in Book D 955 of Official Records at page 216; Thence along the Easterly line of said Roadway Easement North 0° 04' 00" East 40.00 feet to the Northerly line of said parcel 2: Thence along said Northerly line South 89' 59' 00" East 5.00 feet; Thence along a line parallel with and distant 75.00 feet Easterly measured at right angles from the centerline of De Anza Boulevard South 0° 04' 00" West 40.00 feet; Thence along said Southerly line North 89' 59' 00" West 5.00 feet to the true point of beginning. 15. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 16. Any facts, rights, interests or claims which a correct survey would show. Page No. 8 X � BFi File No. 11025652-006- SV 17. Environmental Responsibility Acceptance: Evidence must be provided that there are no commitment statements in effect under Civil Code Section 850 et seq. with respect to the property. In order to remove this statement, the landowner will need to provide this company with an affidavit stating that they are not aware of any release reports or commitment statements which have been issued under this statute, with respect to the property. NOTES: a. Date last insured: none shown 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. TAXES for the fiscal year 2000-2001, alien, shown as follows: 1st Installment $2,962.45 Paid 2nd Installment $2,962.45 Paid Assessor's Parcel No. 316-26-092 Code Area 13-003 Land $517,461.00 IMP $1,217,545.00 PP $16.368.00 AOEX $1,680,148.00 f. According to the public records, no Deeds conveying the property described in this report have 1-1 been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- NONE Page No. 9EXHIBII B File No. 11025652-006- SV SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Parcel 2, 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 17, 1986, in Book 565 of Maps, page(s) 6 and 7. PARCEL TWO: An easement 10.00 feet in width for sanitary sewer purposes, the centerline being described as follows: Beginning at a point in the Northerly line of Stevens Creek Boulevard, said point bears S 89' 54' 00" E 290.00 feet from the Southwesterly corner of Parcel 1 as said parcel is shown on that certain Parcel Map filed for record in Book 565 of Maps at pages 6 and 7, Santa Clara County Records; thence from said point of beginning N 2° 06' 00" E 222.14 feet to the Northerly line of said Parcel 1 being the terminus of this easement. ARB No: 316-26-037 APN No: 316-26-092 — —.. 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DE ANZA BL VD. -- . �----- S rMOJ'J!}c�)/O'SQE. OSZ. aR. /bs of . ne aal ' 81 �� :SO.f/JE'SN'I. OfJfO..f.1K I I I I I II> I 8• �R�" � _1_-- �. Noo•osprf /00.0V O&C. ^r 7 ••IO J.IE sR 1!/70..f. IR7 04 e� w I N (V�] ✓ `1 l' n I' 1 O — 2 • O p e to Y g > Z.zI T � Zm _+ R� a 10 on I ="t J c o a^p IL N i z O0 Ai- 7� r Vl KyY� =z -� P.5 S f. l� � Y Ji1 . N ]••[7•!b -E 0 y J---`-'- �rwoa - ee .1' - ~ or ooe u1 ✓o/ ,2 zaa _ -n ^ FJ Ui - 3 —�br'aaE !N th rk&L u o �.Q oq�pli 3 u�D^ �►� "OO�o�='h VISTA DR. a f I I EXHIBIT "A" EXH s ®11 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1 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 ,LTA endorsement - Form 1 Coverage. If the issuance of any 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 of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (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 commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) 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 a judgment or lien creditor. EXHIBIT "A" - continued XHIB11 B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 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; (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. 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. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at dale 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. 4. 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 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or 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. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records.