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1650 S. Bascom (90-08) CITY OF CAMPBELL MEMORANDUM To: Bill Helms Public Works Director July 17, 1990 Date: From: Jim Penoyer Engineering Technician Subject: Hagstrom Parcel Map (Derek Hunter) Bascom/Hamilton ---------------------------------------------------------- This map is presented for the City Engineer's signature. It was reviewed by reference to the following: TR 258 TR 1044 TR 1108 TR 1204 ROS 466 M 5 PM 481 M 42 Assessor's Map 288-11 Engineer's calculation sheets Title Report dated 10-03-89 The original will be on the light table or the immediate vicinity, when Don is ready to sign it. CITY OF CAMPBELL 70 NORTH FIRST STREET C AMP 8 ELL, C A L , FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 D rt t Planning epa men: July 2, 1990 Deke Hunter 20725 Valley Green Drive Cupertino, CA 95014 PM 90-08 - Corresponding Files M 90-11 (S 90-01)) APPROVAL OF TENTATIVE PARCEL MAP LANDS OF HUNTER PROPERTIES . APN: 288-011-1, 2, 3, 4, 5 AND 56 SITE ADDRESS: 1650-1800 South Bascom Avenue The Planning Director and the Public Works Director have approved the referenced Tentative Parcel Map based upon the mandatory finding that this Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. The final map shall be filed with the City Engineer for examination, approval and recordation in accordance with the provisions of the Subdivision Map Act. This approval is subject to the following conditions: 1. File a final parcel map in accordance with the provisions of the State Subdivision Map Act. 2. File an application for segregation of the assessments levied by Local Improvement District No. 28. 3. Applicant to provide verification of recordable mutual access and parking rights for lots 1 and 2 for approval by the Planning Director, prior to final map approval. APPROVED BY THE PLANNING DIRECTOR o~ l . . . (~f!;-".( .- ~Steve Piasecki, Planning Director APPROVED BY THE CITY ENGINEER ON July 3, 1990 "\ ' 0 Donald C. Wimberly, r of Public Works cc: Engineer Public Works l. ' MEMORANDUM ,/' CITY OF CAMPBELL To: Steve Piasecki Planning Director Date: June 28, 1990 R E eEl V & D JUil 281990 From: Don Wimberly ~ Public Works Director p Worb .6"",lniofrltioli Sub~ct: Lot line adjustment Bascom/Hamilton ---------------------------------------------------------- We concur with your recommendation that a lot line adjustment could be used to effect the proposed reconfiguration; but we are having difficulty verifying the applicant's claim that there are currently two lots at the site. The assessor's maps show six parcels, the title report describes two parcels, one of which is the subject of a trust deed, and no parcel maps for this site have been recorded. The current owners, Hagstrom, apparantly hypothecated the corner parcel, and possibly others, which technically requires a parcel map. Presumably any existing trust deeds will be paid in the sale of the property to Hunter. properties thus obviating the possibility of an illegal division being created through forclosure on the trust deed. These properties are included in LID No. 28 and any reconfiguration of them should be contingent upon segregation of the assessments to the new lots or the total assessments are paid. We would like to see a parcel map filed to eliminate the present ambiguities concerning the number of legal parcels at the site but, as you know the Map Act prohibits us from attaching any conditions to a lot line adjustment, particularly parcel maps. Therefore we recommend that the application for a lot line adjustment either be 1.) denied because of incompleteness until the applicant provides evidence that there-are two, and only two, legally created lots, and no portion of the existing site is subject to a seperate trust deed that could result in an illegal lot created through forclosure, or 2.) the applicant apply for a parcel map approval. If the applicant chooses to file a parcel map we recommend that the tentative map be waived on the basis that the current submittal adequately serves as a tentative map. MEMORANDUM CITY OF CAMPBELL To: Distribution Tim J. Hal:;fj\k-- Planner II Date: June 14, 1990 REC~IV~D JUN 1.11990 From: Subject: Lot Line Adjustment for APN: 288-11-01, 02, 03, 04, cf&~li~'<<ark~~nqinoQrin~ Please find attached a tentative proposal for a lot line adjustment for the above-referenced parcel numbers your review and recommendation regarding this adjustment would be appreciated by June 27, 1990. If you should have any questions, please contact me at the Planning Department X2140. Enclosures: Preliminary Title Report Lot line Adjustment Map cc: Public Works Department Building Department Fire Department . J Fl.. :.& ~n ~~ ~~ G:;:; ~lQ ~ lii C\( C) IJ\ ~ '" ~ ~~ &i:: Q~ ~~ ~ ~ ~ ~ ~ f::: \I) I;: ~ / ... -nt''?p 11'I ~~ ~ ~ ----..., ~ ~~ a ~ - ~d ~'" ~~ ~e " c ~ " ~ ~ ~ '-l: ~ i:::: ~ ~ \ \ \tl ~ ~ ~ \~ :s I' <I) '< 4, ...- ~~ ~<e o~ ':' ..z...9L;. ~ c:s ~ C\J~ ~ ~ ~ J....~ f:: Q~ ~ '-J~ ~ ;,6'.t/ ~ ()~ "f::: ~8 ~" a~ ~~ ,..-- 1 \1'\1\1 ~I t-: lfll::l !liL-~____-, \.J<::<~--, I \h:::.~~ ...~: -..J"'~"q: . L ~!l)~!f\lJ) ~ 1-::1' <:::t '" ">8QClh :n ~ l(j i:: .... ~ ~ :t Q ~ ~\ll 1i:!D ~..-: ~"" ~\!l"'" 8\1\ '-'<::i 'l: ~ III <: H:r-- I.'i ~ ~ !/) 0 ~~ Q; Il( ~ ~ i:: 1-:" ct 'l:~ ~,,~as~ " "'\1\ ~~128i1! ~ " -..J 6 " ~~ ~i:: t..::<{ \I)u );:Cl ~-..J L_____ " o ~ 'I ~ .... " 'I in: \J) o .... ,Ii"L }- ~ (J) (I: ~ ~ I;jl ..L- ~ ~, ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m _J f:::: ~ ~ ~ ~ "= ~ -....J f.:: " ~ ~ ~ -...J C\! ~ ~ ~ " ~ ~ ~ ~ " 4J ~ " -~ ~ ~ .... -oJ G C) ~ " I(, ~ "\ ~ ~ -.J ~ ~ u ~ " ~l\J ~t11 ~~~ ~"'~ IJlqj~ 'ltl~1I\ lI):':~ h.~~~ ~~h. ~ ""~h.'4( ~~Cl~ ::;;:'>.\J~ O\IltV)~ 1\,,,... !:ll-:: ;;<;3;:lii~ ~,Il)<{ ~lJlf)1Jl ~ ~ 1"'\ ~ ~ ~ ~ " " MORGAN HILL 17485 Monterey 51 Sit. 101 Mg,oan HIli. CA 95037 (0) 77S-2166 G'~;.,; ~ y~ ~~v vf .3'u.nt<. Lut<l Cvunt'j, A OIVISION OF FOUNDERS T1Tl~ .)UP ALMADEN NORTH VALLEY LOS ALTOS SANTA CLARA SARATOGA MILPlTAS ~..;"~ Camcti1 Ave Sle 100 750 No CapItol, SIt B-1 161 So San AnlonlO Ro SIe 1 100 Saril()Q3 Ave. Sit 100 12228 Saratooa.Sunnyvale Rd 920 H.llvlI!:w Cl Sit. 165 San Jose CA 95120 San Jose CA 95133 Los Anos. CA 9402:2 Santa Clara. CA 95051 Saratll9a. CA 95070 Mllpltas. CA 95035 101997.1444 IQI m"600 14151941.5700 IQI249.3))1 IQI72>a500 14ll81263-0801 /.:.)[],] 'r-i ,'~F:CE "".. T~,~ fJameu.. , Jose. CA 95126 "'I~ PALO ALTO 314 Lytton Ave Palo Alto. CA 94301 (4151321-0510 GILROY 7888 Wren Ave SI! C Gilloy. CA 9502li IQI847.5MO LOS GA TOS 335 No Santa Cruz Ave Los Gatos. CA !l5Oll IQI 354-3650 SUNNYVALE BLOSSOM VALLEY 333 W EI Ca",,"O Real Ste 210 54a; Thornwood Dr 51' 100 Sunnyvale CA!l4al7 San Jose. CA 95123 (0173!Hl86O (01224.5544 PRELIMINARY REPORT CAMPBELL CUPERTINO 2105 So Bascom Ave Ste 120 20421 Slevens Creek Blvd. St, 120 Campbell CA 95OC8 Cvperlono. CA 95014 IQ1371.995O 14Oll1 255-588J ESCROW SERVICE IS BEING PROVIDED AS INDICATED BELOW: o ALMADEN 0 NORTH VALLEY ,0/0S AL TOS 0 SANTA CLARA o MORGAN HILL 0 PALO AL TO ~AN JOSE 0 SARATOGA 11-1~-~9 SJV4 lA o CAMPBELL o SUNNYVALE o LOS GATOS o CUPERTINO o BLOSSOM VALLEY 0 MILPITAS o GILROY Issued for the sole use of: ESCROW OFFICER: Sherry Sweeney o GRUBB & ELLIS 225 Airport Parkway, San J os e , C A ORDER NO. 2~0456 SLS #150 ESCROW NO. Attention: Rod Property address: RE HUNTER PROPERTIES Dated as of 0 ct. ~. 19 ~g at 7:30 A.M. In response to the above referenced application for a policy of title insurance, CALIFORNIA LAND TiTlE COMPANY of Santa Clara County hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, 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 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 Schedule I and Schedule I (continued) 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 lia- bility 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: AN AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 19~7 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 6/~7), LOAN POLICY 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: CALVIN HAGSTROM, WARREN HAGSTROM, ELLEN MAY KAPELLAS AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Trustee under the will of EMIL A. HAGSTROM, deceased, for the benefit of ESTHER HAGSTROM The land re~erred to herein is situated in the State of California, County of Santa Clara, city of Campbell, (and is described as follows) Iparcel One: Beginning at the intersection of the Southerly line of Hamilton Avenue, as established by the Deed from Alta California Dairies, Inc., to City of Campbe", dated November 4, 1961 and recorded in~ook 5424 of Official Records, Page 117, Santa Clara County Records, with the Northerly prolongation of the Westerly line of Tract No. 1204 Kuehnis Estates Unit No.3, the Map of which is on file in Book 48 of Maps, Page 23, Santa Clara County Records; thence along said Southerly line of Hamilton Avenue, S 890 40' W. 387.27 feet; thence along a tangent curve to the left, having a radius of 40 feet, an arc distance of 62.50 feet; thence along the Easterly line of South Bascom Avenue, fonmerly the San Jose and Los Gatos Road, as established by said Deed to City of Campbell, South 500.31 feet more or less to the Northwesterly corner of the parcel of land, con- veyed by Alta California Dairies, Inc., to Hagstrom's Properties, Inc. by Deed dated July 1, 1962 and recorded in Book 5631 of Offi cia 1 Records, Page 619J, Santa Clara County Records; thence leaving'South Bascom Avenue and running along the Northerly line of said parcel of land conveyed to Hagstrom's Properties, Inc., N. 890 40' E. 427 feet, more or less to the Westerly line of said Tract No. 1204 Kuennfs Estates Unit No.3; thence along the Westerly line of said Tract No. 1204 Kuehnis Estates Unit No.3 and its Northerly prolongation, N. 00 02' W. 540 feet more or less to the point of beginning, and being a portion of Section 25, Township 7 South Range 1 West, Mount Diablo Base and Meridian. Excepting therefrom: All that real property granted to the City of Campbell, a municipal corporation by Grant Deed recorded June 12, 1985 in B09k~}370,Page 1202, Official Records, described as follows: 2 Beginning at the Northeast corner of that certain portion of land described as Parcel 1 in ~~~ibit A of a Grant Deed recorded in Book 8924, Pages 430 to 432 inclusive,~n the Office of the County Recorder, County of Santa Clara, State of California, thence South 890 40' West 387.27 feet along the Northerly line of said Parcel 1, said line being 60 feet Southerly of the centerline of Hamilton Avenue to the true point of beginning, thence continuing along said line Southwesterly along a tangent curve concave to the South with a radius of 40 feet through a central angle of 890 40' an arc distance of 62.60 feet to a point along the Westerly line of said Parcel 1, said line being 60 feet Easterly of the centerline of Bascom Avenue, thence Southerly along said Westerly line South 24.86 feet to the beginning of a tangent curve concave to the South with a radius of 65.00 feet, thence Northeasterly along said tangent curve through a central angle of 890 40' an arc distance of 101.72 feet to a point on the Northerly line of said Parcel 1, thence South 890 40' West along said Northerly line 24.86 feet to the true point of beginning. Parcel Two: Beginning at the point of intersection of the Easterly line of Bascom Avenue, as said Easterly line was established by Deed from Alta Dairies, Inc., a cor- poration to City .of Campbell, a municipal corporation, dated November 4, 1961 and recorded January 8, 1962 in Book 5424 of Official Records, at Page 117. Santa Clara County Records, with the Westerly prolongation of the Northerly line of Tract No. 258 Western Manor, the Map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California, in Book 8 of Maps. at Pages 26 and 27, Santa Clara County Records; running thence along said Easterly line of Bascom Avenue North 719.44 feet to the point of intersection thereof with the Southerly line of Parcel of land described in the Deed of Trust executed by Hamilton Plaza Co., a California corporation, as Trustor to Western Title Guaranty Company Santa Clara County Division, a cor- poration, as Trustee and Massachusetts Mutual Life Insurance Company, a Massachusetts corporation, as Beneficiary, dated July 13, 1959 and recorded July 31, 1959 in Book 4500 of Official Records, at Page 28, Santa Clara County Records; running thence along said last named line No. 890 40' E. 427 feet, more or less, to the point of intersection thereof with the Westerly line of Tract No. 1204 Kuenhis Estates Unit No.3, the Map of which was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, 3 ~ in Book 48 of Maps, at Page 23, Santa Clara County Records; running thence along the Westerly line of said Tract No. 1204 Kuehnis Estates Unit No.3 S. 00 021 E. 718.94 feet to the Southwest corner of said Tract in the Northerly line of said Tract No. 258 Western Manor herein referred to; running thence along the Northerly line of said Tract No. 258 Western Manor and the Westerly prolongation thereof S. 890 361 W. 427.77 feet to the point of beginning and being a portion of Section 25, Township 7 South, Range 1, West Mount Diablo Base & Meridian. 288-ll-001, 002, 003, 004 005 & 056 10-4l JONES/MO/ml A 280-39-6-4, 66, 67, 68, 69 & 70 NT 4 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would b follows: e as A) Taxes ~or the ~iscal year 1989-1990, a lien but not yet due or payable. Bill No. 2e-ll-056 Code Area 10-041 (Pcl 1) First installment Second installment $7,4e8.21 $7,4ee.21 The above installments include a property tax exemption o~ NON E Taxes ~or the fiscal year 1989-1990, a lien but not yet due or payable. Bill No. 28e-ll-001 Code Area lO-041 (xPcl 2) First installment Second installment $l,372.80 $1,372.eO The above installments include a property tax exemption o~ NON E Taxes ~or the ~iscal year 1ge9-l990, a lien but not yet due or payable. Bill No. 288-11-003 Code Area 10-041 (xPcl 2) First installment Second installment $4,037.25 $4,037.25 The above installments include a property tax exemption o~ NON E Taxes ~or the fiscal year 1989-l990, a lien but not yet due or payable. Bill No. 28e-ll-004 Code Area 10-041 (xPcl 2) First installment Second installment $4,l25.ge $4,125.ge The above installments include a property tax exemption of NONE Taxes ~or the fiscal year 1989-1990, a lien but not yet due or payable. Bill No. 28e-ll-005 Code Area 10-041 (xPcl 2) First installment Second installment $4,7l9.e8 $4,719.88 The above installments include a property tax exemption o~ NON E 5 FTG 10398-1 (REV 7/1183) Taxes for the fiscal year 19~9-1990, a lien but not yet due or payable. Bill No. 288-11-002 Code Area 10-041 (xPcl 2) First installment Second installment $2,930.29 $2,930.29 The above installments include a property tax exemption of NONE Taxes for the fiscal year 1989-1990, a lien but not yet due or payable. Bill No. 288-11-002-99 Code Area 10-041 (xPcl 2) First installment Second installment $121.04 $l2l.04 The above installments include a property tax exemption of NONE B) Assessment No. 7 for public improvements in City of Campbell, under L.I.D. #28. County Code No. 80U. Balance of Principal $22,970.15. Balance of Interest $lO,611.04, for a total payoff amount of $33,581.19. Said amount is good until 6-30-90. FOR INFORMATION PURPOSES ONLY: $1,740.l6 Principal and $2,309.72 Interest is being collected with the County Taxes for the Fiscal Year 1989-l990. The above assessment affects Parcel Numbers: 288-11-001, 002, 003, 004, and 005, but is being collected under Parcel Number 288-ll-002. 1. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et .seq. of the Revenue and Taxation Code of the State of California. 2. Easement for the purposes stated herein and incidents thereto Affects The right to erect, maintain, replace, remove and use a line of poles with all necessary and proper crossarms, braces, anchor, guys and other appliances and fixtures for use in connection therewith, and to suspend therefrom, maintain and use such wires as second party shall from time to time deem necessary for the transmission and distribution of electric energy, together with a right of way along said lines of poles. Pacific Gas and Electric Company, a California corporation July 15, 1954 in Book 2916, Page 5), official Records Easterly portion of Parcels 1 and 2 Purpose Granted Recorded 6 3. Easement for the purposes stated herein an~ incidents thereto Affects The right to erect, inspect, maintain and use a single line of poles and such wires as second parties shall from time to time suspend therefrom and all necessary and property guys anchors, crossarms and braces and other fixtures for transmitting and distributing electric energy and for rendering service, together with a right of way and therefrom. Pacific Gas and Electric Company and the Pacific Telephone and Telegraph Company, a California corporation November 24, 1958 in Book 4238, Page 4Q,6, Official Records Easterly portion of Parcels I and 2 Purpose Granted to Recorded 4. Easement for the purpose stated herein and incidents thereto Affects The right of laying down, inspecting, maintaining and using for conveying gas an underground main or pipe line, and suitable service pipes and connections, together with the right of ingress and egress thereto and therefrom Pacific Gas and Electric Company, a California corporation April 14, 1959 in Book 4383. Page 342, Official Records As follows: Purpose Granted to Recorded Said main or pipe line shall be located within a strip of land of the uniform width of five feet with crosses said premises and lies equally on each side of a centerline described as follows: to wit: Beginning at a point in the Southerly boundary line of said premises, distant thereon 7.5 feet Westerly from the Southeast corner of said premises, and running thence Northerly, parallel with the Easterly boundary line of said premises, l335 feet, more or less, to the Northerly boundary line of said premises. 5. Easement for the purposes stated herein and incidents there to Affects Installation and maintenance of public utilities and incidentals thereto Pacific Gas and~lectri'C Company and the Pacific Telephone and Telegraph Company August 4, 1969 in Book 8626, Page 308, Official Records A Southwesterly portion of Parcel Two Purpose Granted to Recorded 7 6. Recital contained in the Deed from Bank of America National Trust and Savings Association, Trustee to Vestees herein, recorded May 18, 1970 in Book 8924 of Official Records, page 430, as follows: Said Grantees shall hold title in such proportions as may be agreed upon among them. 7. Unrecorded Lease for the term and upon the terms and conditions contained therein Lessee December 19, 1969 Calvin Hagstrom, Warren Hagstrom, and Ellen May Kapellas and Bank of America, Trustee Goodyear Tire & Rubber Company, an Ohio corporation as disclosed by Lease, Recorded December 30, 1970 in Book 9l73, Page 90, Official Records Dated Lessor 8. An Easement for the purposes stated herein and incidents thereto Affects Installation and maintenance of public utilities and incidentals thereto Pacific Gas and Electric Company, a California corporation February I, 1971 in BooK ~205. Page 99, Official Records A portion of said premises Purpose Granted to Recorded (Affects Southeasterly line of Parcel 2) 9. Unrecorded Lease for the term and upon the terms and conditions contained therein Recorded Short Form of Lease March 28, 1973 Calvin Hagstrom, Warren Hagstrom, Ellen May Kapellas, Bank of America, N. T & S. A., Trustee U/W of Emil A. Hagstrom, deceased Consumer Distributing Company, a general partnership June 27, 1973 in Book 0444, Page 665, Official Records Disclosed by Dated Lessor Lessee ~ 10. A Deed of Trust to secure an indebtedness of the amount stated herein and any other amounts payable under the terms thereof Dated Recorded June 25, 1973 July 20, 1~73 in Book 0478 of Official Records, page 270 Calvin Hagstrom, Warren Hagstrom, Ellen May Kapellas and Bank of America National Trust and Savings Association, Trustee Under the Will of Emil A. Hagstrom, Deceased, for the benefit of Esther Hagstrom Continental Auxiliary Company, a California corportion Bank of America National Trust and Savings Association, a national banking association $610,000.00 Trus tor Trustee Beneficiary Amount The return mailing address of the beneficiary as shown on the above Deed of Trust is: 1200 Broadway, Oakland, Ca 94612 The loan number is not shown. ll. Easement for the purposes stated herein and incidents thereto Pu rpos e Affects Installation and maintenance of pUblic utilities and incidentals thereto, underground and aboveground Pacific Gas and Electric company, a California corporation December l7, 1973 in Book 0689, Page 568, Official Records Portion of Parcel 2 Granted to Recorded 12. Lease for the term and upon the terms and conditions contained therein, Disclosed by Dated Lessor Short Form Memo of Lease January 25, 1974 Calvin Hagstrom, Warren Hagstrom, Ellen May Kapellas, and Bank of America National Trust and Savings Association, Trustee under the Will of Emil A. Hagstrom, deceased, for the benefit of Esther Hagstrom Longs Drugs Stores, Inc., a California corporation 20 years February 21, 1974 in Book 0770, Page 563, Official Records Lessee Term Recorded 9 13. Easement for the purposes stated herein and incidentals thereto Affects Traffic Control equipment and appurtenances thereto The City of Campbell, a municipal corporation october 17, 1980 in Book F667, Page 6, Official Records as follows: Purpose Granted to Recorded Beginning at the point of intersection of the Easterly lne of Bascom Avenue, as said Easterly line was established by deed from Alta Dairies, Inc., a corporation to the City of Campbell, a municipal corporation, recorded January 8, 1962 in Book 5424 of Santa Clara County Official Records at Page 1l7. with the Westerly prolongation of the Northerly line of Tract 258, Western Manor, recorded in the Office of the Recorder of the County of -Santa Clara in Book 8 of Maps at ages 26 and 27, thence, North 159.00 feet along said Easterly line of Bascom Avenue to the true point of beginning' thence, North 60.00 feet along said Easterly line; thence, East 7.00 feet; thence, South 35.00 feet, parallel with said Easterly line; thence, East 53.00 feet; thence, South 25 feet, parallel with said Easterly line; thence West 60.00 feet to the true point of beginning: Containing an area of 0.040 acre, more or less. (Said matter affects Parcel 2) 14. Possible unrecorded lease as discloed by a Notice of Nonresponsibility Tenant Recorded Pay 'N Pak Stores June 2l, 19~3 in Book H653, Page 15, Official Records 15. Possible unrecorded lease as discloed by a Notice of Nonresponsibility Tenant Recorded Bread of Life, a corporation June 26, 1984 in Book 1751, Page 480 Official Records and vrious other documents of record 16. Possible unrecorded lease as discloed by a Notice of Nonresponsibility Recorded McDuff's Electronic Appliances Supercenter, a division October 7, 1986 in Book J873, Page 1896 Official Records Tenant 17. The effect of that certain Consent to Removal concerning personal property affixed to the premises Recorded December 22 1986 in Book J970, Page 275 Official Records 10 18. Possible unrecorded lease as discloed by a Notice of Nonresponsibility Tenant Recorded Dress Barn Inc. August 12, 1987 in Book K257, Page 1776 Official Records 19. Unrecorded Lease for the term and upon the terms and conditions contained therein Lessee Memorandum of Lese July 20, 1988 Calvin Hagstrom, Warren Hagstrom, Ellen May Kapellas and Bank of America National Trust and Savings Association, Trustee under the will of Emil A. Hagstrom, deceased, for the benefit of Esther Hagstrom International King's Table, Inc., an Oregon corporation 15 years April 3, 1989 in Book K900, Page 1227, Official Records Disclosed by Dated Lessor Term Recorded 20. A Leasehold Deed of Trust to secure an indebtedness of the amount stated herein and any other amounts payable under the terms thereof Trustor Trustee Benef iciary Amoun t June 13, 1988 April 3, 1989 in Book K900 of Official Records, page l234 International King's Table, Inc. Ticor Title Insurance Company Heller Financial, Inc. $53,000,000.00 Dated Recorded 2l. The examination by this office of a copy of the "Trus t Agreement" under which the Vestees hold title. 22. The terms, provisions and conditions of the Trust referred to in the vesting herein. 23. Any and all subsisting Leases. II NOTE 1: The last recorded instrument(s) conveying recorC title to the premises is/are: Deed executed by Bank of America National Trust and Savings Association, Holding Trustee of Hagstrom Holding Trust, Grantor(s) to CALVIN HAGSTROM, WARREN HAGSTROM, ELLEN MAY KAPELLAS AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Trustee under the will of EMIL A. HAGSTROM, deceased, for the benefit of ESTHER HAGSTROM Grantee(s), recorded on May 18, 1970 in Book 8924 of Official Records, at page 430. The last conveyances affecting said land recorded within the last two years, prior to the date of this Report are: NONE NOTE 2: Any conveyance of the hereinCescribed premises by Grant Deed will require the payment of the $10.00 Survey Monument Preservation Fund fee pursuant to Government Code Section 27584 and Ordinance No. NS-300.273. NOTE 3: Please obtain a Statement of Information from Vestees in order to determine marital status. If married, the name of the spouse must be run to complete this report. 12 SOiEDUlE , CAUFORNIA lAND TInE ASSCX:IATION STANDARD COVERAGE POLICY - 1988 The following matters are expressley excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: ,. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws. ordinances. or regulations) restricting, regulating. prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the eHect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a defed, lien or encumbrance resulting from a violation or alleged violation aHecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation aHecting 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. 3. Defects, liens. encumbrances. adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy. but created, suHered, assumed or agreed to by the insured claimant; (b) not known 10 the Company, not recorded in tht 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 c1aimallt. (d) attaching or (reated subsequent to Date ot Polin; or (e) resulting in loss or damage which would nOI have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured hy this polle) ~. Unenforceabilit~ of the lien of the insured mongagt uecause of the inability or failure of the insured at Date of Policy, or the inability or failure 01 any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or uneniorceability at the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usur~ or anv consumer credit protection or truth in lending law. In additiun to the Exdusions, you are not insured against lo~s. lOStS. attomeys' fees. and expenses resulting from: ,. Taxes or assessmf'nls which are nol shown as e"sting liens b~ the records of any taxing authority that levies taxes or assessments on real propert\' or by the public records Proceedings by a ~ubliL al:\en( v which may resul! In taxes or assessments or notices of such proceedings, whether or not shown b~ the records of such agenn or b~ Ih<:" ~ublll rCloro, 2. Any facts, rights. Iflterests or claims which are not shown b\ the publ.c records but which could be ascertained by an inspection of the land or which ma\ be asserted b~ persolls In possession Ihereof. 3. Easements. liens or encumbrances. or claims thereoi. whi(h are nol shown bv the public records. 4. Discrepancies, conflicts 111 boundar\' lines. shonage 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 nOI the malters excepted under (a), (b) or (c) are shown by the public records. AMERICAN lAND TIm ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED '0-17-70) SOiEDUlE OF EXCLUSIONS FROM COVERAGE 1. Any law. o:dinance or goyernmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy. use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hl'r!:atler erected on the land. or prohibitin" a se~aration III ownerships or a reduction in the dimenSions of area of the land, or the eHect of anv' violation of an, such law. ordinallu:, or governmental reglJlalion. 2. Rights of t'l11inent domain or govemmental nghlS 01 police power unless notIce oi the exercise of such rights appears in the public recores 031 :Jate 01 Pol" \ 3. Defects. liens, encumbrallce~. adverse claims lir lllher malters (d) trealed. suHered. assumed or agreed to by the insured claimant; (b) nOI ~nown to the L0I1111aJ1\ and nol sl'owr, U\ Itl!: publiL rel orlh but knowl1\O the insured claimant either at Dale of Policy or at the the date such claimant af qutred an estate or Interest insurt'd h\ Ihl~ polin' and not disclosed in writing b~ th)- insured claimant to the Lomoan, prior to th~ oale such insuree cl.:;,mant became an IIlsured hereunder: tcl resulting in no loss or damage to the insured cia/mail!; (d) attaching or created subsequent to Date Of Polic,., or leI resullin~ In lo~s 01 damage which would nat have been sustained if the Insured claimant hao ~JI(j value for the eSla't' or Interest Iflsured b\ this pollc~. FTC .31-.:-., d":t-'\. 11.1.1'\8) SCHEDULE 1 (Continued) AMERI<=^N lAND nnE ASSOCIATION lGA.N POliCY - 1970 WITH AU A ENDORSEMENT FORM 1 COVEIV.GE (MU:NDED 10-17-70) SOiEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or govemmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govemmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public recOrds but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is aHorded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated. AMERICAN LAND TInE ASSOCIATION LOAN POLICY - 1987 W1nt A.l.TA ENDORSEMENT fORM 1 COVERAGE (bI87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enJoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of 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 aHecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a notice of a defect, lien or encumbrance resulting from a violation or aileged 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 Dale of Policy, but not excluding from coverage anv taking which has occurred ~.lrIor to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances. adverse claims or other mallers: (a) created. suffered. assumed or agreed to by the insured claimant: (b) not known to the Compan~. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or 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 protellion or truth in lending law. b. Any statutory lien for services. labor or materials (or claim of prioriry of any statutory lien for services, labor or materials over the lien of the insured 1110ngage) arising from an improvement or work related to the land which is contracted for and commenced subsequt'nt to Date of Policv and is not financed in whole or in pan by proceeds of the indebtedness secured by the insured mortgage which al Dale of Policy the insured has advanced or is obligated to advance. I'TG ] lS~.C (Rn II. I-Bill SCHEDULf 1 (Continued} AMERJCAN lAND TInE ASSCX:IATION RESIDENTlAl TInE INSURANCE POUCY - 1979 EXCLUSIONS In addition to the exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Hems 12 and 13 of Covered Title Risks. 2. The right 10 take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Dale - unless they appeared in the public records. that result in no loss to you that first aHect your title after the Policy Date - this does not limit the labor and material lien coverage in Hem 8 of Coverec Title Risks. 4. Failure to pay value for your title. 5. lack of a right: to any land outside the area specifically described and referred to in Item] of Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does nol limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions, you are not insured against loss, costs. attomeys' fees, and expenses resulting from: 1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquil) of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does not limit the aHirmative coverage in Hem 8 of coverec Title Risks. 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. Howeller, this does not limit thf' aHinnative coverage in Item 12 of COllered Title Risks. 4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exception~ in patents or in acts authorizing the issuance thereof. lie J 1<;7.11 (10:('\ 11.I.RRl , KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 3350 Scott Boulevard, Building 22 Santa Clara, California 95054 (408) 727-6665 . FAX (408) 727-5641 CITY of cAfVlP!36t-L- PU B {,,-/ G W O,et::- 5 NO~ LETTER OF TRANSMITTAL o GRADING PLAN 0 A.L.TA SURVEY 0 PROGRESS PRINTS o IMPROVEMENT PLANS )( PARCEL MAP 0 SPECIFICATIONS o TENTATIVE MAP 0 PLAT & DESCRIPTION 0 CHECK PRINTS GENTLEMEN: WE ARE SENDING YOU o TRACT MAP o TOPOGRAPHIC SURVEY 0 COPIES DATE DESCRIPTION 2- p/2/NT5 / C J-I GeJ:;:. FOr<. II 300~ / 56r OF CA-L-C1S THESE ARE TRANSMITTED (as checked) o FOR APPROVAL 0 RETURNED o FOR YOUR USE j( FOR REVIEW AND o AS REQUESTED COMMENT o o o RETURNED FOR CORRECTIONS 19 _ 0 PRINTS RETURNED AFTER LOAN TO US o PLEASE RETURN o FOR SIGNATURE o FOR YOUR FILE o FOR BIDS DUE REMARKS COPY TO: r:>f!3J!.J!3 H-l/ A/7'6R:. SIGNED: iGD tA/1L-.>ON If enclosures are not as noted. kindly notify us at once. r r- MAP CHECK RUN ON LOT OUTER BOUNDARY LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 9997.592 10430.786 1 SW 89 40 13 362.240 -2.084 -362.233 9995.507 10068.552 2 SE 0 19 47 65.000 -64.998 0.374 9930.508 10068.926 CURVE DATA: DEL= 89 40 13 RAD= 65.000 LEN= 101.728 TAN= 64.627 3 WEST 65.000 0.000 -65.000 9930.508 10003.926 4 SOUTH 1195.150 -1195.150 0.000 8735.358 10003.926 5 NE 89 35 36 427.560 3.035 427.549 8738.393 10431.475 6 NW 0 1 53 1259.200 1259.200 -0.689 9997.593 10430.785 ERROF~ OF CLOSE: CLOSING COURSE: CLOSING RATIO: AREA: 537165 SQ PEF~ I METER= N= .001 E= -.0005 SE 26 33 54 . 0011 1 IN 3041707 FT 12.3316 ACRES 3345.88 ******~.************************************************************************ CALCULATION SHEET CERTIFICATE --.......-.----------'- I certify thJt these ele~tronic machine compu. tat i;}/L v\('~:J p;cdur:.::d ei'l'.'re!y from informa- t[:~:o .;;:.'~~~;t:Cn' 'l;:l'.ultrde~ ~ ~ ~'l",^__V'i:)(. r ,r MAP CHECK RUN ON LOT 1 LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 9997.592 10430.786 1 SW 89 40 13 362.240 -2.084 -362.233 9995.507 10068.552 2 SE 0 19 47 65.000 -64.998 0.374 9930.508 10068.926 CURVE DATA: DEL= 89 40 13 RAD= 65.000 LEN= 101.728 TAN= 64.627 3 WEST 65.000 0.000 -65.000 9930.508 10003.926 4 SOUTH 1065.150 -1065.150 0.000 8865.358 10003.926 5 NE 89 35 36 178.000 1.263 177.996 8866.622 10181.922 6 SOUTH 130.000 -130.000 0.000 8736.622 10181.922 7 NE 89 35 36 249.560 1.771 249.554 8738.393 10431.475 8 NW 0 1 53 1259.200 1259.200 -0.689 9997.593 10430.785 ERROR OF CLOSE: CLOSING COURSE: CLOSING RATIO: AREA: 514025 SG! PERIMETER= N= .001 E= -.0005 BE 26 33 54 .0011 1 IN 3041707 FT 11.8004 ACRES 3345.88 *********~.********************************************************************* 1:1 CERTIFICATE U\Li.:uLAli~~.1 ~H~~.___..____ . -- ," -e ell" +ronic niiJchine compU- ::, "1'0( til(;::. ,~V' . \. . a I Co: 0" .,.." ,,':rel" tram It: OIr.1 - '. . l:' ,~,_ p;~:dl..:(.::rJ e,:\. J Ie . .:," "'''tt'''~::;fd~ \\,., '. .:., .' . .7- 90 Si"n:ltllfe --- (lJ,c ...--.- .., r ,r MAP CHECK RUN ON LOT 2 LINE BEARING DISTANCE LATITUDE DEPARTURE NORTHING EASTING ******************************************************************************* POINT OF BEGINNING 8735.358 10003.926 1 NE 89 35 36 178.000 1.263 177.996 8736.621 10181.922 2 NORTH 130.000 130.000 0.000 8866.621 10181.922 3 SW 89 35 36 178.000 -1.263 -177.995 8865.358 10003.926 4 SOUTH 130.000 -130.000 0.000 8735.358 10003.926 ***CLOSURE IS PERFECT*** AREA: 23139 SO FT .5312 ACRES PERIMETER= 616 **********.~******************************************************************** cr\~~;0LAlIJ;! ~:>itf:.: ::~,,; ,;:, ;".'iE I c:::rt:iy th,:;' Liese E:li!drlnic, :;':..::Ii:,c c'Jinpu. tatiol\: \..;8~C prorluv;ci e"i:rr:ly ';I(;:,~ inlormii' tion ~.hO\dl on the atj(j(;ileO me:p. ~ Date 7--9tJ Signature ~t ~