780 Almarida (1995) .~.O~ · c.,t,~
CITY OF CAMPBELL
Public Works Department
July 18, 1996
Maria Louise MacLachlan
3031 Tisch Way,//800 "Business Team"
San Jose, CA 95128
Subject:
780 Almarida Drive
Dear Mrs. MacLachlan:
Due to the discovery made by your engineer, Nancy Lockard, regarding the above subject
property, the City of Campbell apparently does not own the property and, therefore, you will
have to contact the o~ners described in the recorded grant deed.
Sincerely, / ~, . ,~
' i.
Land De. velopment Engineer
cc: City Engineer
cc: File 780 Almarida
h:\maclachlan.ltr(mp)
70 North First Street - Campbell, California 95008.1423 · TEL 408.866.2150 · [^X 408.379.2572 · TDD 408.866.2790
NEW PW FAX ~
C1VIL ENGINEERS/
SURVEYORS/PLAN,~NERS
2775 PARK A~,nv~NUf:,
SANTA CLARA
CALIFO P~NLA, 95050
408.243.4066
FAX: 408.243.4764
June 11,1996
Job No. 96-222
Harold Hausley, Land Development Engineer
City of Campbell
70 N. 1st Street
Campbell, CA 95008
IIkI[ffNOWACK] ]
C () %' S L 1~ I \ N I
R E C E IVE
JUN 181996
Subject: Relinquishment of City Propert~:--~ ........ ~
Dear Mr. Hausley:
Our clients, i'~ve requested we prepare a Plat and
Legal Descripti ty property" located east of their property. Our research
uncovered the enclosed document No. 2752525 (Book 6762 of Official Records at
page 389, Santa Clara County Records), which appears to show that the City granted
the subject parcel to Lloyd and Catherine Van Nest in 1964. Please review the
enclosed documents and advise us if the City believes it currently holds title to the
subject site.
Thank you for your thoughtful attention to this matter. Please contact us if you have any
questions regarding this submittal.
Sincerely,
TS/NOWACK CONSULTANTS, INC.
Nancy Lockard, L.S.
Director of Surveys
cc: lan & Marie Louise MacLaughlan
NML:pru
(1996EZ MacLaughlan - Hausley Itr)
to a re=o!uticn ~dopted by the City Councti~
a municip&l co~p~rat~on, for a good and
"valuable consideration grants to Lloyd L. Van Nest and Cat':erine
O. '.'an ~est, as Joint tenants, all that r~al property situate
tn City ot ~p~ll, County o~ ~n~ Cica, ~:e ~ttlculatly
descried a~ follows:
8EGLNNZNG at the sou~east corner o£ Lot 21 as said Lot
shown upon the ~p of Tract F~. 77l, said ~p recorded on
· uly 24, 19~ In Book 30 of ~p8, Page 1, O~llclal Re~dl,
~, N. ~e 3C' 00' W., 80.81 ~eet along the
~E, ~. 89' 24' 45' E., 13~89 fleet aloe,9 the prolongation
o[ ~e n~ly Atne o[ said lo~I
~E, alon9 a curve, ~ncave nor~eaa~erXy, ~
central angle 2e 20' 14', having a radius of 2000.00 ~eet, .an
~c len~ O~ 81.58 ~ee~, to a po~t on ~e prolongation o~
prolongat~t 'line to the post oI ~ginning ~nd c~ln~g .0~6
a~em ol 1~. ~re or less. and ~ing a ~t oI ~ction
LN ,.NITNESS I~IEREOF said City of Campbell. a Nunicipal
Cox~oration,;.~s plac/~P-i~ hand and seal thisl0t~y of
4~--~-~--74~ ~t__[__ C~{. l FORN ! R T ! TLE ~75
OCT
St~. "D" 377-39~
DI,~¢TO~'8
~at the STA~ OF CALIFO~N~A, aotl~ bY and thI'ot~Eh
S~ate of ~al~for~a, described as follows, to-wit:
~he City of C~pbell a~d all in the County vf Senta C~,
State of ~llfornla ~d bei~ a ~ortion of those ce~aln t~cts
of la~ cenveyed to the S~ate of Califor~ia by deeds ~co~ed
Febr~ 28, 19~ and ~y 15. ~9~ in vol=:es 3~aa and
described =S fOIlows~
$O~IN~ at a point ~n ~he we~teri~ 11ne of
~ro~ the 8outhwcste~l~ COrne~ o? .~a"~-~-~-v~ ~.,
bl!); thenc~ ac~ss t~e tw~-~n~ ~tY-°~-s--c~c~ (3~9~ OR
[.i~.00 ~eet, .t~u~h ~ a~l~ of 7~009,~y', an arc leith or
~b.q~ feet; (~) N. 7'lS'~T" E., ~43.~1 feet; (~) alo~ a ta~en:
cu~e =o the left wt=~ a r~dl~ of ~.00 fee~, th~u~ an a~le
~6e10'o~", an arc leah of 11a.10 fee:; (~) N. 18'5T'07" W.,
~.?~ f~et_~.(6~ alo~ a ta~e~t curve t~ the ~&Eht W/~h
~adius or ~9~.gU reef, th=o~h an ~le o~ I2'56'0~", an amc
(3~R~ OR 318}; thence alo~ Said northerl~
..... -s oe..u we,~er~ !!ne~ ~f Sta~e's tracts (3~ OR 3IO and
C.. rtq~I ?35 qa~
40t~--559--?d08 ALL CALIFORNIA TITLE 9?5 P04 OCT 02'95 iS:O?
c o~n¢ emen~.
~(CEF~ING AND RESERVING unto the S~ate of Callfo~ia a
and across a ~:~!p of land o£ untfoz~ ~!d~h o~ lO.co feet,
lyin$ w.este~ly o£ an~ ¢ontIEuou~ to the ~ourae ~nd curve
said easemen= con~i~i~ an a~ea o~ O.12T o~ an a~, ~ore
A~O EXCEPTING AND RESERVING unto ~e S~ate of Califon~la
any a~d all ~l~h~s of In~ress %0 or egress f~om the land her~r,
I~ i~ ~he pu~s~ o~ ~he foreaoSn~ exception and ~oe~n~$on
to provide ~hat no easemen~ of access shall attach or be appurtenant
=~ tae pro~erty hereby conveyed, by reason of tbs fact that the same
abut~ up~ a public way an~ upon a State ~ighway, wit~ access only
to the Sta~e highway bei~ restrlc~ed.
are on the Califo~ia Coo~i~te ~yst~, Zone 3. ~ltiply the
above ~ts%ances by 1.~0Q38 to obtain g~und level ~iat~ces.
and easemenSe of reco~d.
FI~$T, the Dieector of 2ublic Works has heretofore ~cund and
determined and does hereby f~nd and determine, tha~ the said lands,
were acquired for State biEhway purpo~e~ and a~e no lon~e~
necessary, and a~ ~ot z~O~ be~n$ used fo= bl$~w~ uses o~ ~ose8.
SECOND, t~t thl~ conveyance is executed pursuant to th9
authority vested in the Director of ~ubllc WorKs b!? law and, in
particular, by the St=eats and ~tghways COde.
WITN=-SS the hand of th. Director of P~tbllc Works, and the
=cal oI' ~he Dopart~en~ of ~bl~c wor~ of the State of ~ll,?ornia,
.....,': .... , .
4~~ "/d~G~ Pi_L l I Fillet41A T ! TLE ~ P~)~ OCT
-~TA~E 01~ CAL]~FORN~
40~--~--740~ ~--L ¢~LI~O~NZ~ TITLE
~?~ PO~ ~T
KE~OL'/E~D by ~he CaliFOrnia ~Ehway Co~sa~on.
havl~ approved ~he ~e~ te~3 ~d co~dt=~o~s of the
$1ty Of C~Pbell, ~e=eby a~ho~'lze= an= ~PP~Ves t~e execution
Dy ~o D~rec~r of ~blXc Worgs on behalf of the SCats
CalIfo~:ia of a deed conveyiz~ ~o :he C~:F of C~pbell real
mrope-~y in :~e CAt~ of C~pbell, cowry ~f San~a Clara, $~a~e
Of CaiifornAa, described aa
Ail tha~ meal P~perty situate, ly!~ and bei~
Zn the City of C~aPbe!l an~ all ~n the Coua~y of 3an~a
Clara, S~ate of California a~ bei~ a po~ of those
both Offlc~al Records of the County o~ Sa~a ClaR~, said
port,tn belm~ more particularly ~escrlbed as
30~CIN0 a~ a poln~ on ~he westerly line Of
S~a~e~a ~t (3~9~ OR 611), ~is=ant ~hereon ~{.O~33,Oa, E.,
%fac= (349~ ~ 6ii); $hence across %he ~wo aai~
(I) N. ~5~22,h0'' E., 172.9~. fee~; (~) alo~ a
~1 · , 3
curve ~o ~he ~e~ ~l~h a radius of ~,n nn .~ _
~ ~ w., ~DO,[~ ~ ~ ~ -- .....
.1~ :'ee~ ~o the wem~e~17 line of said , .
3~2~ Off 318 ; thence ~C~e a ~c~
~o~encemen~. . 1 .... ~ Amec ~o ~e ~2n~ o~
COCA,lING 7.2~1 ac~s, more or less.
ovum and at,ss a s~D o~ la~d of unlfo~ width of
feet, lyi~ wester~ of and conti~ou8 to ~he coumse and
¢u~e descI~bed a~d desl~ed above as (3) a~d
respec~ivelF, said eas~ent con~a!nl~ an area or 0.127
or an acre, more or less.
OCT
Z~ is ~he p~ae o~ the ~o~e~i~ exception
~e~zati~n ~m provide t~t no eas~ent oC acce3s
or be aPPU~e~at to ~he property he~b~ conveyed, by ~aso2
hi~h~, wXt~ access only to ~he 3tare ~i~h~-ay be~r~ re~tric~ed.
~ bearl~e a~d distances u~ed In the above
are on the ~li~o~la Coo~e ~stem, Zone 3. ~tI~[y the
above distances bF 1.~0438 to obbai~ ~ level
u.{x)n ftt2J. Performance by PU~-Ch~ser of a~2 te~s and cendit~one
the a~ee~.t a~d U~R ~'u~ P~ment of Principal and
!n~e~st aa :hero~n P~v~ded., ~
CaliFornia. p'-'~uan~ to Re:t~u:icn
city .
Counc l
Report
BUSINESS TEl
Item No:
Calory: Corm
PAGE 82
Relinqulslunent of City Property si 7~0 Almrids Drive
RECO~ATION
dopt the attached Resolution autho~ the Public Works Dh~tor to e. xecut~ a Quit Claim
to convcy th~ City of csm,o~,,s imerests in ' ...... '- "- .........
DISCUSSION
cord~ .~o ~ Ciera COtll~ty records, the City of Cazx~b~l! owlls APN 279-22-016 as
wn on tae auached Exhibit 'A'. This parcel is located between APN 279-22-015, (780
Almarida Drive), and the Highway 17 ri-g~t.~f-way. The parcel is a remnant portion of land
r~u..lting fi'om Highway 17 cO--on and is cun~ntly an undeveloped, "land locked' pat~l
with no direct public access.
Mi'. lan D. Macl-~han, who is th~ record owner of APN 279-22-015, C/80 Almarida Drive),
requested to acquire the City's parcel and merge it with his property.
Thr~ adjace~ simils:
remnant parcels, APNs 279-224312, 013, and 017, have been acquired by the adjacent private
property owners in the past.
Thc applicant shall pay a fee of $550.00 to the City for this conveyance to -,-ver
adminislrafion the ,,__c~_, ~a~d___r~,__.estimated ~ value. The applicant ~ also pay ~11 costs for
preparation of ,=~,a~ ~c~-qmon, recomm/of d~, aad incidental expenses.
.~1/0~/1995 i2:0~
5i0-6~' 9994
BUSINESS TE~
PAGE 03
ALTERNATIVE
Do.not convey the propen, v
camlot be developed, ~xl cannot be used by tl~ City.
Reviewedby: , / t~ ~. t (.~ · ~ ,,
Cit7 ~r .
R~viewed by:, .
Public Works Director "'---
Approved by:
City Mams~r
Exhibit "A:
l~sol~n
h:almartd~.ccr(mw)6.0
.4
NAYd~
RESOLUTION NO. 8884
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A QUIT CLAIM
DEED FOR A REMAINDER PARCEL ADJACENT TO 780 ALMARIDA DRIVE
WHEREAS, the City owns property described as Assessors Parcel Number
279-22-016, as shown on Exhibit "A", according to Santa Clara County records; and
WHEREAS, the property is an unusable remainder parcel adjacent to State
Highway 17; and
WHEREAS, Ian D. MacLacklan, owner of 780 Almarida Drive, Assessors
Parcel Number 279-22-015, requested to acquire the City's property, and merge these two
parcels; and
WHEREAS, the property owner has agreed to pay City costs related to
acquisition of the property of $550.00, which includes land value.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
authorizes the Public Works Director to execute a Quit Claim Deed to relinquish the City's
interest in the property described as Assessors Parcel Number 279-22-016 to the owner of
780 Almarida Drive, Assessors Parcel Number 279-22-015.
call vote:
PASSED AND ADOPTED this 3rd day of October, 1995, by the following roll
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Watson,
None
Conant
Dougherty, Burr
APPROVED:
Donald R. Burr, Mayor
0
EXHIBIT "A"
~ ~ o
~AYd
CITY OF CAMPBELL
Public Works Department
September 5, 1995
Ian MacLachlan
3031 Tisch Way//800 "Business Team"
San Jose, CA 95128
Re: Assessor's Parcel No. 279-22-16
East of 780 Almarida
Dear Mr. MacLachlan:
I have received your letter dated August 28, 1995 concerning your desire to acquire the above
referenced property.
Mr. Housley of my staff has been directed to proceed and make the necessary arrangements to
have the property transferred, including agendizing this matter for City Council approval.
Please give him a call at 866-2158 regarding City expenses, charges and related matters.
Thank you for your patience.
Public Works Director
CC:
Harold Housley, Land Developmem Engineer
Robert Harary, City Engineer
h:maclachlan.ltr(mp)
· ' 57;2 ·
70 North First Street · Campbell, California 95008. 1423 · TEL 408.866.2150 l~081~91~2ASx # TDD 408.866.2790
408-376-0958
Cornish & Carey
1000 E1 Camino Real Menlo Park, CA 94025
415/324-4456 FAX 415/323-7128
August 1,1995
Dear Mr. Maclachlan,
As per your request I have done the research necessary to evaluate the land parcel
no. 279-22-016, adjoining your property on the freeway side.
The other adjoining properties with the same situations of city land extensions have
been donated.by the city;
no 279-22-017
no 279-22-013
no 279-22-012
The search for any transfer fees through title has not been established. It seems that
a minimum amount like paying the appropriate fees should be a fair way to transfer
title and property taxes to your existing property.
i?/~LSincerely'
Maaike Neves
Cornish & Carey · Residential Real Estate
CLARA
CCUNTy.,
CA: IFORN '
I"=100"
III _
· ' tIT'( OF
-' CAMP81
FBB-O2-B~ 02:~? TEL~ P:B2
GRANT DEED
, (ZND UA )
CO~q~NC~RG a~ ~he Southeasterly corner or ~e Parcel or 2an~
in. Book 118~ a~ p&$e ~6, 0flOc&al accords of &ants Clara Coun~yj
on ;~e northerly zinc o£ aam~i~on Avelue; ~hence aion~ Sal~ herEto.Fly
line S. 89'30'50" El, 197.99 feet to tae property llne eo,~o~ to the
1089.09 fee~; :nenoe N. ~2'57'36" W.. 1~.57 fee: =o a Point distant
N. 68'~7'~5" X., 97.a9 f~et fFom En$1n,e~'s Station 385-72.51. on the
freeway in ~an:a Clara Co~:y, between ~s 5aDoa and 3an $o8e,
Road ~-SC1-5-D, Cm~: thanes alon~ a tangent curve to ~he ~ht
described In the Oeed Co said ~rc~ I. Cascerson by dee~ recorded
~ugust 1~, 19~3 &n ~ok 11~8 at pa~e 38, Official Re~o~ds of
Cl~r~ Coun~; ~hcnce =lon~ 1=at ~id noruhcrly linc, ~k:
ilne and =ne sout~e~-ly prolongs:Ion thereof N. o~'gS')~" W.,
f~,t and S. 0'33'0h" W., 1182.32 feet t~ the p~Ope~t~ lln~ eo~on
~o ~he l~nds~ now or formerly, of ~ha M. ca~:er~on and of
S. ,S9'30.50~ ~., 265.0~ feet and S. 0'33'0a" W., q62.~2 reef to
CO~AININO 10.739 acres, ~ore or less, - J
/~ ~s conveyance ~a ~e for une purposes or ~ freeway ano
/
~emaln/~5.. prOper.Cy, In *nd to ~&ld
~;he
~aXlfo~l& ~oo~l~a~e System, 2ome ~. ~ Ij ....
· ' ' ~' i , ...~;.
O, akk ............. ,/~, e/.
/,,,'fe,,f
FEB-O2-g~ 02:~? T~L~ P:81
To:
From:
Date:
MEMORANDUM
Harold Housely
Bill Seligmann, City Attorney
March 24, 1995
RECEIVED
ADMINISTRATioi~
Re: Disposition of Surplus Real Property
Baakqround
The City of Campbell intends to sell surplus real property.
Issue
What are the prerequisites for sale of surplus real property?
Discussion
Sales of surplus real property that are not improved with
residences are governed by Title 8, Article 8 of the California
Government Code. Under these sections, prior to sale of real
property, a city must send a written offer to sell or lease the
property to any of the following entities for the specified
purposes:
"(a) A written offer to sell or lease for
the purposes of developing low-and moderate-income
housing shall be sent to any local agencies
including, but not limited to, housing authorities
or redevelopment agencies within whose jurisdiction
the surplus land is located.
(b) A written offer to sell or lease for park and
recreational purposes or open space purposes shall
be sent:
(1) To any park or recreation department of
any city within which the land may be situated.
(2) To any park or recreation department of
the county within which the land is situated.
(3) To any regional park authority having
jurisdiction within the area in which the land is
situated.
(4) To the State Resources Agency or any
agency which may succeed to its powers
(Gov't Code Sec. 54222)."
If none of the entities provides written notice of its
interest in the property within sixty (60) days after receipt of
the City's notice, then the City is free to sell the property to
the party of its choosing. (Id).
Conclusion
Prior to sale of real property the City must offer the
property to certain specified entities for use for low-income
housing or recreational purposes.
(408) 866-2100-- )1
FAX # (408) 379-2572 ~._31Q~_~-~~ ~
Public Works Department~%x c~_.
CAMPBELL, CALIFORNIA 95008 ~;__~;;.~,,-, . -' ¢*~' ~*J
ece~e~ ~ ~992
Mr. Nick Psiol J~:~.
Department of Transport~
P.O. Box 23440
Oakland CA 94623-0440
Re:
Relinquishments
Route 17 Freeway
Dear Mr. Psiol: ¢
On several occasions we have been asked to deed Parcel 16, as shown
on the attached Assessor,s map of Book 279 Page 22, to the owner of
Parcel 15, Mr. Ian Maclachlan. We have repeatedly advised Mr.
Maclachlan that the Assessor's map is in error, the City does not
own this parcel, and he should address his request..j~o the
Department of Transportation.
The purpose of this letter is to request your-~assistance in
~s.~ablishin~ the ownership of this remn-an%:~ar~e~~ s0'~J%at it can be
transferred to Mr. Maclachlan. iIz our records are ~hcomp±e~e anQ
it was in fact deeded to the City we would appreciate whatever
documentation you can provide to that effect.
Attached are copies of the documents in our files that lead us to
the opinion that the City does not own the parcel.
State drawing No. M-634.00, Relinquishment to the City of Campbell
No. 22116, shows two parcels that were relinquished to the City but
does not indicate that any of the remnant parcels along the rear of
the lots on Almarida Drive were relinquished to the City. The
Campbell City limits line shown on this drawing, dated 7-59,
indicates this area was not then within the Campbell City limits.
It was not annexed to the City until the following month, August
1959, as shown on the attached Annexation No, 59-8. It seems
unlikely that any of these parcels would have been relinquished to
the City since none of them were within the City limits at the
time.
Even if the parcels were within the City, it seems unlikely that
they would have been relinquished to the City. Our experience has
CITY OF
been that only streets, portions of streets, or parcels that may
become a portion of a street are relinquished to the City. Other!
/parcels, which will not become streets, such as these
remnants, are off . . four
/ ered, at an attractive price, to the adjacent
property owners. If the owners decline the offer then the
~ Transportation Department retains ownership of the parcels.
Attached is a copy of one page of the Assessor's roll that shows
that title to the other remnants,
parcels 12, 13, and 17 are each
held by the owners of the adjacent lots, parcels 11, 14, and 18,
respectively. The City has no record of ever having taken title to
~._P~l~3r deeded them to the adjacent owners. It seems more
~x~ cna~ ~ney were purchased directly from the TransportatiOn
uepar=ment. If the owner of parcel 15 declined to purchase parcel
16 it seems likely that the State retained ownership rather than
relinquishing it to the City since there is no apparent public use
for which the City could have used this one remnant.
Whatever disposition of the property was made.at the time, it
occurred over 33 years ago and there is no one in our office now
who was here when it happened. We are utterly dependent on the
written recor~but with any file so old there is some concern that
our files may not be complete. Any information that you can supply
to help clarify the situation will be appreciated.
Sincerely,
James Penoyer
Engineering Technician
cc: Mr. Ian Maclachlan
780 Almarida Drive
Campbell, CA 95008
MAIN OFFICE
2255. So. Bascom Avenue
Campbell, Calfornia 95008
(408) 559-3424
All California Title Company
WILLOW GLEN OFFICE
1213 Lincoln Avenue
San Jose, California 95125
(408) 279-5099
TITLE DIVISION
Customer Service Deparment
2160 So. Bascom Avenue
Campbell, California 95008
(408) 559-1275
PREPARED SPECIALLY FOR
ANDY OLDHAM
ALL CALIFORNIA TITLE COMPANY
The Company that cares to provide only the best
s n,aTitle
Clara
Land
Company
[] 701 MILLER STREET AT TAYLOR, SAN J CA 95110 ............... (408) 288-7800
[] 320 SARATOGA AVENUE, LOS GATOS, .*5030 ................... (408) 395-7077
[] 4020 MOORPARK AVENUE, SUITE 116, SAN JOSE, CA 95117 (408) 985-8120
,~700 SOUTH BERNARDO AVENUE, SUNNYVALE. CA 94087 ..... (408) 733-5591
1475 SO. BASCOM AVENUE, SUITE 104, CAMPBELL, CA 95008 ...... (408) 371-0104
[] 419 SO. SAN ANTONIO ROAD, SUITE 106, LOS ALTOS, CA 94022 ~ (415) 949-0870
[] 2600 EL CAMINO REAL, SUITE 100, PALO ALTO, CA 94306 (415) 858-1281
[] 20375 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014 (408) 252-0600
[] 1231 SOUTH PARK VICTORIA ORIVE, MILPITAS. CA 95035 (408) 263-2555
[] 50 W SAN FERNANOO ST., SUITE 420, SAN JOSE. CA 95113 (408) 286-7800
PHENIX FUNDING
Attn: BARBARA
1550 S. BASCOM AVENUE
CAMPBELL, CA 95508
Property Address: 780 A[marida Drive
Campbell, CA
CLTA PRELIMINARY TITLE REPORT
(Form Rev. 11-18-82)
Subject to a minimum charge required by IMPORTANT
Section 12404 of the Insurance Code. WHEN REPLYING REFER TO
OFFICE NOTED ~[V~-A.
CB
U~DATE OUR NO.
YOUR NO.
ESCROW OFFICER:
TITLE OFFICER'
TERRI BLANC
JACKIE SUMMERVILLE/b[
FORM OF POLICY COVERAGE REQUESTED:
[] CLTA STANDARD [] ALTA RESIDENTIAL~t~ALTA LENDER'S [] ALTA OWNER'S FORM B
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepay:ed
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 below or not included from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies
of the Policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby, if it is desired that liability beassumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested. ~
/ /.~
l H'//'/,-~J" ~'~e Officer
_ . February 6, 91 ~ ~/', ~_
uate(] as of ........ 19 , at 7:30 a.m~.~ C~- '~ , ~[., ?,6 / ' ~/";"
The form of policy of title insurance contemplated by this report is: V ALTA Lenders
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:
IAN D. MACLACHLAN, a married man, as his separate property
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 form would be
as follows: j ......
See following page for exceptions.
(C~I~TIFIC~T~ OF ACxT.7..FT~NC~ GOVERNMENT COD~. S1~C.. 27281)
Tins Iz To C~z~Y, Tl~,t tbe St,re o! C. di[omi~, $r~tee t~rei., ,cling I~ ~ tl~ros~h the Det~rlme~l o[ Pai~lic
~ror]u, Division o[ Hi$~d~s, ~l~ ~pls [or ~ic ~r~os~ t~ rtwl ~ro~rty, ~r i~tt~est ~l~r~, co~e~ed by
D!stI'ict E~ ~"
ren~inin~, pr0Per.~y, in and %o said freeway.
..... -T~e--~'e~'l~-'~and dls=ances .used in the above
on the Callfornia..Coo~dtnate System, Zone 3.
descr~.pl;~.on &z'e
~,1o.',' ,.',.
i
DEED
(rNDrVmUAL)
.~.~=RTF. A M. CAST_ERS01:, as ~ seoara~e pro.~erty!
par%'l'~ within and--~%-~-'l~"%l%"fi'6ut
GRANT m tJ~ STATE Or C..AL~ORNIA ~ d~, ,=1 ~ d~.__C_!_~._g!._~.~m~.~.9_.l.% .....
~ San~a Clara , $~ ~ ~1~, ~fi~ ~:
CO~NCLNG at the southeasterly corner of the parcel of land
conveyed to Joseph 0ti, et ~, by deed recorded January lq, 19~a
in. Book 118~ at pa~e 66, Official Records of Santa Clara Co~y; beln~
on ~he northerly line of ~mli=on Avenue; thence alon~ said northerly
line S. 89'30'50" E~, 197.99 fee= ~o =ne proper~y line
!ands,.now or formerly, of ~rtha M. Casterson and of M. G. Erns~
e= al; thence along said co~on ~roper=y line N. 0'33'04"
1089.05 feet; thence N. 22'57'36" W., 12.57 feet ~o a point distant
N. 68'27'~5" E., 9T.a9 feet from ~gineer's S~atlon 385+7~.51-on ~he
"D" line of the ~par~ment of Public Works' s~vey for
freeway In San$a Clara Co~$y, between Los GaUds and San Jose,
Road ~-SCl-5-D,Cmb; thence alon~ a Sangen= c~ve ~o the rlgh~ with
a radius of ~300.00 feet, ~ou~h an an~le of 1~'11'17", an arc
length of 569.55 fee= =o the northerly line of the parcel of land
described In ~he deed =o said ~r=ha M. Cas=erson by deed recorded
August 1R, 19~3 In Book 1158 at pa~e 38~ Official Records of San~a
Clara County; thence along lass said northerly line, thc westerly
line an~ the southe~-ly prolon~ation thereof N. 09'08'53" W., 197.aa
fee~ and S. 0'33'0~" W., 118a.32 fee~ ~o the proper~y line co,on
to the lands, now or formerly, of ~rtha M. CasSerson and of
Joseph O~t, et ~; thence alone said co~on property llne
S..89'30'50" E., 165.02 feet and S. 0'33'0a" W., ~62.6~ feet to =he
point of co~encemen=.
CO~AINING 10.T39 acres, more or less. -
n~ls conveyance Is ~de for the p~poses of a freeway and ~he
~or hereby re%eases and relinquishes =o ~he ~rantee any and all
abutter's rights, including access rights, app~tenan$ ~o ~rantor's
CB 56318-A
Page 2
1. Taxes for the fiscal year 1990-91, as follows
1st Installment $916.07 'PAID
2nd InstaLlment $916.O7' OPEN
Assessor's Parcel No. 279-22-015 Code Area
Land $71,764.00 IMP $88,324.00 PP $-0-
10-057
Exemp
$7,000.00
"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".
An easement affecting the portion of said land and for the purpose
stated herein and incidental purposes, shown or dedicated by the map
herein referred to:
(A) For : PUBLIC UTILITY EASEMENT
Affects : Easterly 10 feet
(B) For : BUILDING SETBACK LINE
Affects : Westerly 20 feet
Covenants, Conditions and Restrictions in a Declaration of Restrictions,
which provide that a violation thereof shall not defeat or render invalid
the lien of any mortgage or deed of trust made in good faith and for
value. Said covenants, conditions and restrictions do not provide for
reversion of title in the event of a breach thereof. Restrictions, if
any, based upon race, color or creed are deleted.
Recorded : July 26, 1950, in Book 2021, Page 564
of Official Records
Reference to the records is hereby made for further particulars.
A deed of trust to secure an indebtedness in the amount stated herein
and any other amounts provided therein,
Dated
Amount
Trustor
Trustee
Beneficiary
Recorded
Address
Loan No.
: August 8, 1986
: $133,250.00
:IAN D. MACLACHLAN AND DAWN C. MACLACHLAN, husband and wife
: MOUNTAIN SOUTH CORPORATION, a Mississippi corporation
: GREAT AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION
: August 29, 1986, in Book J 825, Page 146
of Official Records
: 306 Cass Street, Corinth, Mississippi 38834
: 905267-02
Address
and Recorded
The beneficial interest of record under said deed of trust was assigned
To : FIREMAN'S FUND MORTGAGE CORPORATION
By assignment dated: March 27, 1987
Recorded : April 21, 1987, in Book K 117, Page 1691
of Official Records
: 27555 Farmington Road
Farmington Hills, MI 48018
: Ju~y 28, 1989, in Book C 036, Page 1868
of Official Records
and by other assignments of record.
®
A deed of trust to ~ _ure an indebtedness in the amc
an~ any other amounts provided therein,
Dated : April 8, 1988
Amount : $50,000.00
Page 3
stated herein
Trustor
Trustee
Beneficiary
Recorded
Address
Loan No.
:Ian D. MacLachlan and Daw6 C. MacLachlan, husband and wife
: CaLifornia First Bank, ~ California banking corporation
: California First Bank
: April 13, 1988 in Book K 500, Page 382, Official Records
: P.O. BOX 839, Santa Ana, CA
: NONE SHOWN
A deed of trust to secure an £ndebtedness in the amount stated herein
and any other amounts provided therein,
Dated
Amount
Trustor
Trustee
Beneficiary
Recorded
Address
Loan No.
December 18, 1990
$35,000.00
Ian D. MacLachlan, a married man, as his separate property
California Land Title Company, a California corporation
Carol Smith, an unmarried woman
December 27, 1990 in Book L 576, Page 2043, Official Records
P.O. BOX 1085, Campbell, CA 95009
NONE SHOWN
A portion of the beneficial interest of Carol Smith under said deed of trust
was assigned
To : Richard Warfe[, an unmarried man, an undivided
$10,000.00; Daniel Smith, an unmarried man, an undivided
$10,000.00 interest
By assignment dated: December 18, 1990
Recorded : December 27, 1'990 in Book L 576, Page 2044, Official Records
Address : C/O P. O. BOX 1085, Campbell, CA 95009
NOTE: "On or after July l, 1985, the County Recorder's office wilt charge,
in addition to the regular recording charges, an extra $20.00 recording
fee, un[ess a document evidencing a change of ownership is accompanied
by a Preliminary Change of Ownership Report. In lieu of said report,
signed by the transferee, the Recorder wit[ accept an affidavit that
the transferee is not a resident of California. Title billing will
be adjusted to reflect such additional fees when applicable."
NOTE: THIS REPORT DOES NOT REFLECT REQUESTS FOR NOTICE OF DEFAULT,
SUBSEQUENT TRANSFERS OF EASEMENTS, AND SIMILAR MATTERS NOT GERMANE
TO THE ISSUANCE OF THE POLICY OF TITLE INSURANCE ANTICIPATED
HEREINUNDER.
NOTE: 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.
NOTE: According to the public records, no Deeds conveying the property
described in this report have been recorded within a period of to (2)
years prior to the date of this report, except as show~n.herein:
QUITCLIAM DEED
Executed by: DAWN C. MACLACHLAN, wife of the Grantee herein
To : IAN D. MACLACHLAN~ a married man, as his separate property
Recorded : December 27, 1990 in Book L 576, Page 2042, Official Records
LID: 12/27/90 vydec#285
CB 56318-A
LEGAL DESCRIPTION:
"Schedule C"
Akl that certain real property situated in the City of Campbell, County of
Santa Clara, State of California, described as follows:
Lot 20, as laid down, designated and delineated, upon that certain Map entitled,
"Tract No. 772 Walnut Dell", and which Map was filed for record in the office
of the Recorder of the County of Santa Clara, State of California, on July 24,
1950 in Book 30 of Maps at page I.
ARB NO. 287-43-3
E
~"~¢'~"'~c'~-'~RACT NO. 7'r2
WALNUT DELL
~EIN~ A $1..,/~DIVI$10./V OF A t:::)O, eTiON OF
,~E C TION ~ , T T S , ~' / I,/V , MDB c~. M
71
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EMILY L. fla.4RO/V[,./t
STATE OF CALIFORNIA
Office of the
SECRETARY OF STATE
SACRAMENTO
I, FRANK M. JORDAN, Secretary of State of the State of
California, hereby certify: ~;
That on the ... l~th day of A%~zust , 19 ~9 ,
pursuant to the provisions of the "Annexation of Uninhabited Territory
Act of 1939,:: more particularly Section 35317 of the Government Code,
there was filed in my office:
A copy of Ordinance No. 209 of the CITY OF CAMPBELL,
certified by DOROTHY TREVETHAN, City Clerk.
I further certify that ~he 13th.day of July , 19 59 ,
is stated in the certificate of said City Clerk as the date on which
said ordinance was regularly passed and adopted by the legislative body
of said City and
Tha~ said ordinance sets forth approval of the annexation
to the CITY OF CAMPBELL of certain uninhabited territory, a description
of the boundaries and the designation thereof as:
"ANNEXATION 1959-8."
GREAT SEAL
OF THv.
STATE OF CALIFORNIA
IN WITNESS ?~1EP. EOF, I hereunto set
my hand and affix the Great Seal
of the State of California this
13th .day of August
19 59 ·
Signed by:
FRANK M. JORDAN,
Secretary of State
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