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Item 04 - 15925 Quail Hill Rd - Staff Report Exh.13HAND DELIVERED September 14,2015 Planning Commission Town of Los Gatos c/o Community Development Department 11 0 East Main Street Los Gatos, CA 95030 Re: Appeal of DRC approval-Architectural and Site Application S-14-027 Dear Planning Commissioners, This letter provides background information and reference material supporting our appeal of the above referenced Design Review Committee approval. My wife Dana and I have lived in Los Gatos for thirty two years. We raised and educated our two sons in the Los Gatos public school system, we've participated in numerous community benefit projects, we love our home and our Town. As described in the Hillside Development Standards and Guidelines, "Los Gatos is a beautiful and special place". Many standards, guidelines and policies have been put in place over the years so that new development adheres to high standards of design, and mitigates impact on the Town's natural enviromnent. Architectural and Site Application S-14-027 may meet minimal design requirements for a renovation and expansion, but it does not meet Town standards, guidelines and policies for new development. In addition, the project does not address many of the issues that affect our adjoining property at 15921 Quail Hill Road. As proposed, the new development will have a significant impact on our property. The application fails to adequately address issues and concerns related to sufficient access to support the new development, parking and vehicular circulation, emergency access that complies with Town and County standards, location of the new structure on the site and its proximity to our home, the increased height of the new structure, and the absence of any landscaping in what the Town has determined to be the front set back. Please consider the impact this project will have on our home as you evaluate our appeal. We are not opposed to a new development on the property, but, as proposed, the project is unacceptable for the following reasons: (1) The project has a significant impact on our adjoining property. The project relies on access across our property that is currently undefined. We are willing to define access to the Applicant's property, but only if the project addresses our concerns related to building setbacks, height, vehicular circulation and parking (please refer to General Plan 2020, policy CD-2.1 "Building setbacks shall increase as mass and height increase"-Exhibit 1). Any access across om property should comply with the "Agreement for the Use and Maintenance of Quail Hill Road". (Exhibit 2) Construction access to the project would utilize om private driveway and constmction vehicles would pass within 30 feet of om front door. Cmrent conditions of approval allow construction seven (7) days a week including holidays. Our concern regarding the use of om driveway for constmction access is summarized in the letter from Ronald R. Rossi to the previous property owner dated Apri126, 2013 (Exhibit 3). It is om opinion that access should be consistent with the definition of"Access Roads" in the Hillside Specific Plan which states: "Access roads as used herein are defined as roads connecting a parcel of land being considered for development to the nearest improved public road." (Exhibit 4) (2) The new development does not comply with Hillside Development Standards and Guidelines. a) In Section V. B the HDS&G states that: "Protecting the privacy of neighboring homes is a high priority in the siting and design of a new house or addition." The HDS&G states "Privacy impacts shall be addressed and resolved dming the constraints analysis phase and initial design stage, not with mitigation measmes imposed as an afterthought. Sight lines shall be studied so that windows and outdoor areas are placed to maintain privacy." This standard has not been met. (Exhibit 5) b) In section V .F the HDS&G standard states: "Buildings shall be designed to minimize bulk, mass and volume so as not to be prominently visible from a distance or from smrounding properties." (Exhibit 6) This standard has not been met. c) The new development does not meet the HDS&G standard in Section III. D, item 3, page 24 which states: "Development shall have adequate fire access" (also see Chapter III, Section C and Chapter VII, Section b.2.) Use of our private driveway does not meet this standard. (Exhibit 7) d) The new development does not meet the HDS&G standard in Section III, Item 4, page 24 which states: "If no public hydrant is available, there shall be an on-site water supply in a storage facility ... " (Exhibit 7) This standard is not met. (3) The new development does not comply with the Los Gatos Hillside Specific Plan. a) Section 1.0 "Land Use", paragraph 1.3, item 2.D. states: "The use shall not adversely affect the privacy or safety of area residents, the value of nearby property, or .... " (Exhibit 8) b) Section 3.0 "Circulation", paragraph 3.3, item 6.a. states: "As a guide to developing a circulation plan, two means of access shall be provided to all areas. If dual access is NOT available, the land use intensity shall be limited in accordance with the access provided". (Exhibit 9) The new development has a ------------Krouskup Appeal Page 2 of 3 land use intensity of somewhere between 93% and 106% of the allowable floor area ratio (FAR). There has been very little consideration given to the fact that there is limited access to the property. c) Section 3.0 "Circulation", paragraph 3.4, Item 15 states: "In addition to those parking spaces in garages or carports, not less than four on-site parking spaces shall be provided where roadways are not designed to permit parking." (Exhibit 1 0) The new Development proposes a total of seven parking spaces, three in a garage/carport and fom parking spaces outside of the garage/carport. While the number of parking spaces complies with the Hillside Specific Plan, Town Code (Section 29.1 0.060) does not allow off street parking spaces in any required yard abutting a street. (Exhibit 11) All of the proposed parking is shown in the front yard. d) Section 3.0 "Circulation", paragraph 3.4, item 16 states: "Documentation of proof of private access rights must be provided by the developer at the initial project review stage." (Exhibit 12) The developer/applicant has not provided "proof of private access rights" that would support the requirements for the proposed new development. We have provided the applicant and the Town with numerous documents that provide proof the existing ingress/egress rights are not sufficient to support the proposed project. (Exhibits 13-20) Defined legal access rights need to be established before any approvals are granted by the Town. In closing, I would like to reiterate that we are not opposed to a new development on our neighbor's property. We would welcome a project that addresses our concerns and is consistent with the standards, guidelines and policies required of hillside development in Los Gatos. In an effort to expedite a re-design and demonstrate possible alternatives, we have had Tom Sloan of Metro Design Group provide two alternative site plans for consideration (Exhibits 21 and 22). Tom is very familiar with the requirements and design standm:ds for hillside development in Los Gatos. Our effort is not intended as a design ofour neighbor's new development, but rather an attempt to visually demonstrate alternatives that meet Town standards, and address our concerns with the existing application. dur appeal and allow us to work with the applicant on a mutually acceptable re- ~Krouskup Homeowners 15921 Quail Hill Road Enclosmes -------Knmslmp Appeal Page 3 of 3 ----------- EXHIBIT 1 TOWN OF LOS GATOS 2020 GENERAL PLAN COMMUNITY DESIGN ELEMENT Goa!CD-2 Policies Policy CD-2.1 Policy CD-2.2 Policy CD-2.3 Actions Action CD-2.1 Goal CD-3 Policies Policy CD-3.1 Policy CD-3.2 CD-4 To limit the intensity of new development to a level that is consistent with surrounding development and with the Town at large. Building setbacks shall mcrease as mass and hei~ht mcrease. Limit the amount of increase in the floor area of a project when the number of units is reduced as part of the development review process. A maximum total floor area for new subdivisions and planned developments shall be set as part of the approval process. Conduct a study to consider amending the Below Market Price (BMP) program to set the required number of below- market-rate units based on the total square footage of a project, in addition to setting the requirement based on a percentage of the number of market-rate units. To require utilities, landscaping and streetscapes to contribute to Los Gatos's high-quality character. Encourage the undergrounding of utilities on substantial remodels. Street and structural lighting shall be required to minimize its visual impacts by preventing glare, limiting the amount of light that falls on neighboring properties, and avoiding light pollution of the night sky. I " EXHIBIT2 N I I 2 p~ GE 2 0 I 6 '""1• AGREEMENT ,---~-~ 2-~-9-:-,--1 2=-~ ~~: _, ,I nLo.J:J]::ut 1 FOR THE USE AND 11A I NTENANCE OF fl/! ..,_ "'~ . 1" N ~ ~o QUAIL Hill ROAO, LOS GATOS, CALIFORNIA }!c.> "' z Iii:!' • o~: t.n -1 ~;;; 1. g.r ::g Qo2 1 .:;; c "ft,. ::~· .. :of:'~ lh Is agr(lement Is betwe~n the owners of savor a I rosl dont I a I pro•\ipiief'r ,meeis_tei;nc>---....,.._.,"",.,',_'"::J 1 1 Los Gatos, California. which are herelnaftor described In ATtachments I numbered 2 through 9, which l!tlllze the private right-of-way known as Quail Hill Road, more particularly described on Attachmont 1 horoTo, as their access for Ingress and egress and for the provision of c'tt lltles. This agreameot Is 1 ntended to be In the hlutua I Interest of tho owners, theIr heirs and assigns. It Is Intended to comply \l'lth the provisions of Section 845, Ca I I torn In Code of C 1 v I I Procedure, more spec If I ca I I y It Is agreed as follows; 1. Tho parties to this agreement, and each of them, shall be responsible for the rlla!ntenance of Tha prlvato road commonly known as Quail Hill Road. lha parties to this agreomont she/ I share In proportion to their use the costs Incurred In mi'llntonance and lmprovemant of the road known as Quail HI/ I Road. 2. The private road commonly l<nown as Quut I Hill Road sha If be maintained to a reosor.ab I e standard as nece&se:wy to provIde two-way access for pos~snger voh lc I es, servIce veh I c I us and emet"gancy veh J c I as. It Is not Intended for any commercial purpose. 3. The shore of tnalntenunc01 ronovotlon or Improvement cost-to be assigned to each prope,.ty shall be In propol~tron to the uso by e.9ch property. . Each property's shllro shal I be determined by dividing tha distance to the driveway for each propar·ty by the sum of dlsittnGtt.5 to the drlvewn-ys to all properties to the nel),rast wholo percentage. Dlstllnces il!1 dos- cr I bed obove sha I I ba measurGd from the edge of pavement of the pub I lc str~ot known as Short Road to the lntarsectton of the prolongation of tho centerline of 1"he tlrlvewoy for et~ch property with the centerline of Quail Hill Rood, 4. If costs for maintenance and Improvement of the prlvu"te road known as Qu~t f I H II I Rond shnl I be I ncurre<l trt ll poInt e I ong th9 road bevond the drlvawey to any of tho beforo described properties, only those properties MrVdd by thot portfl.)n of the rood being mtdntelnad or lmprovsd Sholl be .essessed for th& cost!. of said maintenance and Improvement, In a like menner to ttlet described In Sec-tion 3 above. 5. In th~ event any p8rty to thIs agroEJment sf'\rd I neg I ect or refuse to contribute to the cost of melnttdnlng or Improving Quell Hill Road, auc:h flllluro shell not relieve eny of the oihor pertles from rasponsl .. blllty to mtllntnln snld rond. In the event thot any party, upon tho demand trom other parties or party, shall refuse or neglect to con .. tribute to the cost of meln+t~lnlng the rood, the party or partlos who heva lncurrod the c;out of mfllntelnlng the roed shall be permlttad to Pogo 1/4 REC FEE .--0.'1 RMF ~ ,5/.~. I MICRO RYCF ~ ' liEN I SMPF 10 trcon ' ' ~ (';) ~ '-0 N ~ N "' ' ' •• J>ago 2/4 -Road Maintenance and Use Agreement NII2PAGE2017 for Quail Hill Road J"'ecovor ft'6m the par-ty or parties fall tng to contr<lbuto In tho sha.-.e set forth In a court of competent Jurfsdl<:tlon tho i'Jmount of the unpaid cost of maintaining Quail Hill Road. In addltlon thsreto, the prevail- Ing party or parT1As In such legal action shall recover from other parties or party bo'th costs and attorney's foes lncurrEld In such action. 6. Each year, not lator than the first day of January, th& owners of properties which are tl party to this agreement may select one of the owners to act as ROAD MAINTENANCf COORDINATOR, hereafter known as coordinator. rhe coordinator will~ with collaboration of other prope•·- ty own!lrs, prepare pI ans and spec If I cations for road malnfenancA 01· Improvement, cont.-. act for such servIces as rnay be 110edEtd tor ma ln-- tenance or Improvement and coll,c:t funds from property owners and pay contractors., consu I 1 ants, 5Upp II er-s or other ut II I zed In tho mainten- ance or Improvement work. The coordinator will keep ~owltton records of all tnwsactlons and provide a report to other owners concornlng each proJect. Coordinator shall be eloctad by a written ballotot a simple maJority of the property owners. If In any year the owne.rs fall to appoint & rtew coordl11ator, tha coordinator from the Immediately previous year m.!:ly continue to serve as tho coordinator for the upcoming year. 7~ Pertles to this agreement also agreo to the following use restrictions Intended to preserve the character and physical lntogrlty of the road and thereby prote<;t tho Investment meade In the road and minimize Its future malntonance cost. 8~ The road's use sha I I be llroltod, to the extent poss lb I e,. to light- weight, rubber-tired passenger vehlclos and light trucks U!iod tor the provIsIon of res I dent I a I serv I ees. 9. The roodwoy ond e&sen1e1~T, tc the extent and where It Is an easement to other properties. shall not be used for parking of vehicles belo11glng to rest dents or gu!ilsTs of those othcw profJortles benefItIng from that sasemant. Owners of fee tltlo lniorost mlly, tit their sole discretion, ur.o the roadwny and otatlt>etnen·r arGa for· their purposes so I ong as thet use does not obstruct or lmpolr use by those ·.lith oasement lntm~ost and so l~ng as th~!:!t usa does not causa demage to the roadwa) or Its eppurtenanco$. 10. Ownars of property contiguous to the road shall molntoln thalr property 1 n such s manner so tlS to protect tho ro.nd Improvement!. ond to provIde for the free passoge of vehicles. This Is to lncludo, but not be limited to, trimming vegetation, controlling drainage, clesnlng the pavemont and molntelnlng nacessllry subjecont support to tho roadw&y. 11. Residents end their 'luasts nnd sorvlce providers shall drive upon tho road In e sofa. prudent and courteoys mannor In consldert!itlon of the &toopnass, nurrownass Hnd curvlllne~r al tgl'lment of tho roed and tho resldonttal use of edjt~cant properties. Gonor&lly. a me><lmum !ipoed of fifteen mllns per hour I!:> cont.Jdored opproprleto. It Is speclf1colly ngread provisions of tho Cnllfornlll Vohlclo Cotlt~ will apply to use of the road to tho extent provided by thet code and tho cod9 of tho Town of Los Getos. ' I' :I . \ I I ' I II H f f 2 P/1 GE 2 0 I 8 Page J/.4 -Road Maintenance and Use Agreement for Quat I HI II Road 12. No use shall be mado of the road which knowingly damages the roadway pavement or appurtenances or adjacent prfv~Te property. 13. Tho Installation, use, or maintenance of private or public utilities Within the easemt)nt and above, on or-under the roadway shall, To the greatest extent possible; not damage or Impair the roadway, pavement or appurtenances. If any such dan~age shou I d occur 1 It w I I I be the respon- slbl I tty of the property owner or owners caustng such utility Instal~ latfon, use or mah1tenance to repair or cause to be repaired tho damage or ltnpalrmont on a timely basis lll1d In a good and workmanlike manner, equal to or better In strength and durabili-ty Than the original roadway~ 14~ Succos;;ors. lhls agreemenT shall be binding upon, and shall Inure to the benefit of,. the heirs,. succassors ... Jn-lnterest,. and assigns of each party to this agreement. 15* Goyernlng Law. lhls egre~ment shal I be governed by, and Interpreted undet, the lc,ws of the State of California. 16. Entire Agroerne.nt. This agreement dates tho entire understanding between tho parties on the subjects addressed herein~ lhare are no other agroemants, oxpressad or Imp I led. oral or wrlttent between these pertlo& on those subjects. This agreement may be modified only by a subseo,uMt writing executed by all parties or-their heirs, successors- ! n~ Interests or ass lgns. 11 .. Cpvenants RunptngJ'/~. The provision& of this agnu:;mant ttre I nteodaci as, and sha I I be construed lis, covenants runnIng w I tt:a the title to the propat·tlas described In this agroemont and liS equitable &erv !tudes enforce.Bb I e by any party agal nst tho other or others or by the ownor of any of those properties. ihts Hgreement Is tor the bone- fit of all properties described herein and shall bo.blndlng upon, t~nd Insure to the benefIt of, such owners,. their raspectlva successors-In- Interest, hairs and assigns In accordBnce with the provisions of California Civil Coda Section 1468, In wltnasa, tho pnrtles hereto have set their hands on tho dat~ Indicated next to their signatures. 2-Qu•ll Hill Road ·· Ootod !4?&-/y:;;. ' 3 -"930 Quoll Hill Road v Detod I "'/.7 I /z '}_ ) ; 4 -1~920 QU8II Hill Ro8d ···o.tod i(:b·-'-/ -C,Lk {llo,\,.., ;r.p l.o.b .. + ' a...~"'-1...-.1 ; ... '-<li>o.-t- L~1-A~ ~lLt( ( ~. (. ktit ~ '. II N I I 2 PAGE 2 0 I 9 .Page 4/4 -Road Maintenance and Usa Agreement for Quail Hill Road "5-15961 Quail Hill Road voated \ 'l. /'-''D {; 7...- 6-15951 Quail Hill Road Dated ~~~~ 7 -15941 Quail/ Hill Ju·~ n .-Dated 6-15921 Quail Hill Road Dated ......!2/.&/?.? ... -- 9 -15925 ~ua 1 f II Road Dated .3 6" 99 = ) )r .,,.(·,a ('.-f.~\ ( ~< ,._,k-\_ 'l:lo....U.l e. \.._h,;.,. l>e.-\'1' Olu,,"fl,) 1 w/,.,&,_ C(._._..~l ,;,.w • .;..,lo..-l'f tJVi-&11-{} ;:/qj/t/2_/_t;, ___ ~,~~':>6 \)<'\.~- ovM -;(~-a~-.;~o O..llallc.---''1 ---'Ob ... l-hy l>o<k<ile..- F"'""ll. E..P•""Y .StJ\~+.A.P<n,.'l 1 /-~cJ.·~----<, ca_-;_1~---'Z..,. b"'"" ~>'"""-- t,/_, ~-"----_%;-f)ji<'-:.{-!:112------Pulgy At,.,~ t 1st of Attachmenia AttachmenT ... Oeser lptlon of Quail Hill Road Attachment 2 -Descrlpi·lon of Lsnds of Labat Attacbroont 3-Oescrlptlon of tends of Ooelker Attachment 4 .. Description of Lsnds of Urzl Attt~.chment 5 -Description of Lunds of Wlrnborly Attachment 6 -Oeser I pt I on of l..ttnds of DaValle Attachment 7 -Oeacrlptlon of Lftnds of Simon AttachmtJnt 6 -Descrlpi l<.ln of Ll'lnds of Penny Attachment 9 -Oeser lptlon of Lr~nds of Payne 1 ! II I N I I 2 PAGE 2 0 2 0 ALL-PURPOSE ACKNOWLEDGMENT "'"" iJ£1als of-~/)/' :foro,~'-_ .. } CAPACITY CLAIMED BY SIGNER County ol S,. "+... C\t<~ ~~~,1~101CVi~ll!<f1»f!UI'lVE5 ! . s C' "'(' On D:..:l±Pt.~' d-~' 1 r11~afore me, 0 n t\rv.l._~~~t!~ (n':J}o. title of officer), o~~·.r .... personally appeared-~ \.t~l.t, V.br,± .,; 1\l~ttl\ 1 ·f LAb , -· U personally khown to me-OR ~Jxi proved to me on the basis ol satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to tho within instrument and acknowl· --edged to me that he/she/they executed the same in hiS/her/their authorized capacity(ies), and Qr.lllll.llll!lo I'.WI!A!;II" that by his/her/their signature{s) on tha instrument the psrson(s). or the entity upon bahaif of U ~t!OfUr. which the porson(s} acted, executed the ~~· --"""""" Instrument. QtJJJS1~tl$J -· """"""""""'""'""''"'""""'""'''"''"1 WITNESS my hand and official seal. Qonl!n ·-· @ . Ol"fo"ICIAL SP.AJ. -· SANDRA L SWENSON --Nor"" 'u"" • CAliiOANJA ~ -SANYA CLARA COUNTY ~~ My Comm!Mion bplro5 July 18, 199~ ~-·fl-1-..... f L~ --GXI~~~~~G)li~(;).QG)¢G~Gr.1~6l Signature --~-~ -~~·?Z??"':?:!;t;>R~~~ ·-- ~I I I II STAT[;: Or." eAL!F'OnNl.J\. COUNTY OF SANTA Ct.rum ss. N I I 2 PAGE 2 0 2 I personally Jmown to me (m; proved to me on thl'l b&.sis of satisfactcn:y evidtmco) to be the person(a) whose narn.Q (s) is/are aubac:ribed to the within instrument and ~cknowledged to me thnt he/she/they executed the same in his/her/their authorized capacity(ietl), aud l:h8.t by his/her/their sign1:1ture (B) on the insta::untettt the person (S}, or the entity upon behalf of which the pen: on (e) ac:ted, executed the instrument. WITNI!:SS my hand and official aenl. Not.!ley's Signatu e 1c(JL ~=~'----t_--- OF DOCtlMllN'l' Boa& Yl)r ... tc+.a,aaa THIS CERTIFICATE MUST BB h'I"l'ACHED TO THE DOClJMf.!N'l' DBSCRlBI:i:O 11.'1' RIGH'l': Tl'fLE OR TYPB NO. OF PAGSS -1-J---DATii: OF OOctJMENT -------- I I S~ATE OF CALI~O~IA COUNTY OF SAN'I'A CLARA ss. on Dec e~.:>-<r '1 Publid in and for said State, N I I 2 Pll GE 2 0 2 2 , 19 cj 1_, before n1~, tha uttdereigned, a Notaey per!lonally appeared •. U.-"-<"'-'-\'1---JC_,_.~.--- proved t:.o me on tho basis o:t gatillfactory evidence t:o be the pGrson (a) whoa a name (s) ia/nre subscribed to the within instrument and acknowledged to me that he/she/they e}(ecut:ed the aamE! in hio/her/th£lir authot.•iztad capa~ity(iea), attd that by his/her/their aigi1ature (a) on the instrument the person (s), or the entity upon bohalf of which the person (e) acted, executed the inEttrument. 'tHIS CERTIF!CA'l'~ MUST BE A'I'T.ACHED 1'0 THE nocUMEtrr OHSCRIBliO AT ltlGHT: ":"'-'':""-""""~~':"'--{ ~~~="---i·J~­&.s::. J ma o'rr/enML< fJ,,,.fM,,f NO, OF PAGHS ~:D~A~T~S:O~t~D~O;C~IJMil;'NT~~~~;;;v;;;;; SICJNttR {S) OTHEtt 'l'Hl\N ~D A.BOVS__. *"'"'* '*** *"' •t.•"' w"' ot ** * "'* * •" ****""a-w * ••••~ "'"'* ••••~·• * ***** ** •" "'"""'**'* * •••••*~*** * *"" w• '* II I I II I N 1 I 2 PAGE2023 EI'I'A'.rE OF CJ\LIFOltNIA SS, COUNTY OF SAN'l'A CLA.RA , >9 C,(._ , before ""t:::he undereigned, a Notary psrsorlally appe11red 0 o S \ ry, 00 provod to mo on the baaia of aatisfact<:>ry evidattt!e to bo the pereon(s) whosG nWTle (e) is/are subscribed to the within instrument and acknowledged to ute that heieht~/thay executed the oame in his/her/their authori:ted capa.C!il:y(iaa), and that by hie/her/their signature (a) on the inatr.ument the person (a), or tha er:..t:ity upon behalf of which the peraon(a) acted, executed the instrument. Wl~N~SS my hand and Notnry's Signatur THIS Cli!R'I'U'ICA'fB MUST BJl; A'l'TACUF;O TO THE DOCUMEN'l' D~SCP.IBED AT RIUUT: Si~N~tt(S) OTHER THAN MAMRD ABOVE, ______________ ~· ···············································~·····~················~········ I I, ll l N 1 I 2 PAGE 2 0 2 ~ STATE OF CALIFORNIA SS. COON'I'Y Ol" SANTA CtJ\ltl\. On Dec tt-'>-\•cC 1"6 , l9i./...;L_, before trte, the undaraigned, a Not:aty Public: in and for said State, verso11ally appearl:!d [' o, " I ,..).. C. .. lt)j,b,r-1 0 .. ""'l C l""c~l . 1,1 )•o.l ., \.0 pel:Bcma.lly known to me (or proved to me on the ba.sia of EHltisfactory evideh..::el tO be the peruon(a) whose name(a) is/are subocribed to the within instrument and acknowledged to rna that he/she/they executed the same in his/her/their a.uthorb:ed capa~ity(ies), and that by hio/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CBRTIFICATE l>IDBT BH A'ITACHRD '1'0 'l'HB DOCUMiil'rr NO. OF PAGES ._l_·~~~ DGSCftUUm AT RIGHT; OAT& OF DOCUMENT -------~ -<l}_ N I 12PIIGE2025 STATE OF CALI FOlilliA SS • COUNTY OF SANTA CLARJ\ On · ~'' c.l,,. piJbljc in and l,J..£ I ,, !_)•' • for eaid State, .'J. 1 , ~9 · -· , before me the underEiigned, personally appeared Q ,_ , ._! ~ ·. lJt:..,__ a Notary personally known to me (or proved to trill: on the bitE! is of a11tio£actory evidence) to beth~ perac')n(s) whosa name(s) is/are subiJc:l::ibod to the within ini:Jt:t."UUltent and ackl'lowladged to me that. he/she/they executed the eame in hie/her/their duthorized capacity(iea), and that by his/her/thair signature(a} on the instrument the pergon(s), or the entity upon Lehalf of which the p~rson(e) acted, executed the inatrumt!nt. WITNiiSS my hand andrir seal. Nctary•u Signatur~ THIS CERTlFlCATB MUST t:U:i: A'l"rACH:8D '1'0 THE bOctJM.lCNT DESCRIBED AT RXGRT~ / I NO. OF PAGRS ' . Jt ~;t~· .. I·. I I // ·/ DATE OF DOCUMENT II N I' I 2 PAGE 2 0 2 6 STATE OF CAL!FORN:XJ\ SS. COUNTY OF SANTA CLARA on<:'f;d vr·. L-<•• ~uP,l1c in and for said St~te, , 19 ;~-'... , before me\' 1 ~he un. deL't;).gned, personally appeal.'ed _y_r (,. lx) .r ,' "' ~~D.---------------- a Notary pereonally known to me (or proved t:o me on the basis o£ satiafacto:~:y evidence) to be the pc;n.·son(s) whose nam!l(S) is/at·e subscribed to the within inst.rument and acknowledged to me that he/she/r.h~y executed the bame in his/her/theil." authori~cd capacit)•(ieo.l, nlld that by his/h~:::/tlleir signature(~:>) on the instrument the peraon(s), or: the o.mt.ity upon behalf or which the pe:n>OO(s) acted, exacuted t:he inat1:ument. MUST BE A'ITACHEO TO TilE: DOCUMENT D'ESCRIBED AT RIGH'r: NO. OF PAGES ~-' ---DA1'E Of DOCUMEliT --------- H I I 2 PAGE 2 0 2 7 STA'1'E Of.' CAL!FORNIA SS, COUNTY OF SANTA ClJ\RA On G \or\~-'"',..# ) f.? 19 (j 3_, before me,_,_.the urderoigned, a »otary l?~lic in and for /? 7 State,)p,ereonal.J,y app9J!red ~(\ .Jt £" , ~()'-() O,r,cY T'-'c 1"\-\-, f::i, t-''fuo __ peraonalJ.y known to mo (or proved to me on the basia of Yatisfactory evidence) to be the parson (a:) whmte name (e) is/are subocribed to the within inotl:.'ument and acknowledged to me th!it ha/she/they executed the same in his/her/their authorillled capacity(iaa), .and that by his/her/their s:ignntura(a) on tha inati:'ument thl'l person (a), or the ent.ity upon behalf of which the person (g) acted, executed the inatrument. WITNSSS my hllnd aZ]d off iAl oeal;, / ): MOtd1Y' o Signatur ·"-0'/'../J:;>~ " / I' f) A-_fi !"'n '_\ VI THlS CERTIFICATE TITLrf OR TYl?B OF DO~ ......J_~ I " I(\ I f'lenMCP I"UcPGJ'»>?!>..-b MUST BE .AT'I'ACH150 J TO THB DOCOMIU31' NO. OF PAGES _1 f DA'I'B OF t!CtC'UMIXN'r ------~- DGSCR:CBlto AT lttOH't: I j II STATS OF CALIFORNIA COUN'l'Y 011 SAI!tl"A CLAM. ss. II N I I 2 PnGE2028 Notary peraonslly known to me (or proved to Ill~'! on the baBio of satisfactory evidence) to be the peroon (o) whose tlaJn(! (a) in/are eubacribed to the within inntruntent and acknowledg~d to ma that he/~he/they executed the aame in his/her/their authorhad cnpac:i.t:y(ies), and that by hie/her/their signo.turo (s) on the inatrumant tha person {s), or tho entity upm:t behalf of whic:h the persbn (e} acted, executed the instrument. WX1'N•ss my hand and official seal. ( Not&ey'• signatura:J.( /;f~ ~~· .... THIS ClmTlFICAT& ' TJTL:: OR TYPE OF DOCUMJ!.NT{R c)od MUS·r SE ATTACHtm TO 'I'll~ DOCUMEN'l' NO, OF PAGES _ _t\_'J-'----DATR OF DOCUMENT DSSCRIStW AT RlGHT; I N I I 2 Pn GE 2 0 2 9 STA'l'B 01? CALIFORNIA SS • COUNTY OF SANTA CLARA On J( '-~~ d-~ 1 19qJ, , beforo 111.e~~ .. the undersigned, 11 Motary h~c in anfor aa.id Sta.ta, personally appeared f r O.p..\:. (S, pEu:.·so:~qly known to me (br proved to me on the bas1EI o£ satisfactory e'tridonce) to be the person(o) whose mune(s) iajara aubacribgd t<> the within instrument and acknowledged to mEl that he/she/they executed the sarno in his/her/their anthoriz(:ld capacity <iea) , and that by his/her/their gignature (o) on the instrumunt the parson (a), or the entity upon behalf o:f. which the parson(s) aoted, exacutad the instrument. THIS CER'l'IFl\'-A'l'S truST BR A'fTACHED TO Tl-IS OOCUMENT bESCRIBS'O A'l' RIGHT: NO. 01" PAGl!:S ~ci..L-~-DATB OF DOCOMJiN'l' S'fA'fE OF CALI FOkNIA COUNTY OF SAN1'A CLAJ.tA ss. on~~ p \.-t '{'1'...,\S-).l..r .l. 19~, before m~. Public in and fo1· said State, personally appeared ____ .,lp:;.)._.l (_; '• O·t=, D.·, \)Co \ \_e , N I I 2 PA GE 2 0 3 0 the undersigned, a Notary porsonally known to me (Ol' provlld to me on the basi~;; of satisfactory evidenc(:'l) to be t.he person{s) whose nam!il(S) is/a.re subscribed to the within instrument and scknowledged to me that he/sh~/they executed the same in his/her/t:ht'til' autho1:i7;ed cap~dty(ies), nnd that by his/het:/theh: sigt'latul.'e (&) on the instrument the p!3J.·son (&), (lr the entity upon beh~lf of which tht': person {G) acted, executed the instrument. WITNESS my h&ncl and official seal. Notary• a Signatur~,·i 11 1,-,'ij. 'tHIS CSRTIFICA.'l'£ MUST BE AT'I'ACHEb TO THE OOClJMENT DESCRXBEb AT RIGHT: Tl'rLE OR TYPE OF NO, OF PAGES _ _.\_'J..L__ DATE OF DOCUMEN'I' ... ~ ............................... ~ ........ "' ..... ,. .......................................................... ·~ ..................... . I .I ' ' AttachmQ!lU N I I 2 Pft GE 2 0 3 I QUAil Hill ROAD ROAD W.l NTENANCE AGREEMENT Signatories 9/3/91 Oohtd d C. WI mber I y, Jr., and Chery I G. ~/Imber I y, as Co~ Trustaes for the Wimberly family Living Trust dated 2/19/90 6 Bruno OaValle and Dorothy J .. DaValle, his wife 7 Don Simon and VIctoria Simon Fred L. Doelker 1 Jr., a single man 4 Mary C. Urz I, an unmarr· 1 od ~oman 0 frank B. Penny ~:~nd Judith A. Panny, his wife, as joint •' tenants L-----~~~------------------------~ 9 Pertay B. Poyno end Olano H. Poyne, Trusteos under a Revocab I o lotttrv lvos Trust dated 3/2"!J/84 Alain J-P t,abal: and Carla I,eslio. Lai..Hlt, jusband al\(1' wife I i ,, ll l ! 111!11 II ill ATTACHMENT 1 (cont. l ~ I I 2 PAGE 2 0 3 2 1.4384 acre pat'Cel of I ond, South 18° 331 1511 East ~.69 feeT to the most Southerly corner thereof; thonce along the SouThwesterly line of said 1.4384 acre parcel of land, North 72t 55 1 West 4:37~18 feai-to the polrrt of beginning, being a portion of said 1.43tl4 acre pewee! of land ond also being a portion of lot 1 as shown on that certain Map entitled, "MllP of the Subdivision of the M.s. Gardner Estate, being part of He Rancho Rlnconada de Los Gatos," and which Map was filed for record In the office of the ~ecorder of the County of Su11ta Clara,. State of Ca I I forn I a on November 2:3, 188'7 In Book C of Maps, page ~9. txc~::rr I NG lHEREFROM that port I en thereof I y I ng wIthIn the bounds of Short Road as described In the Deed from Wm. R. Blagg!. et al, to the County of Santa Clara, dai'r;d April 12, 1930 and recorded Apr! I 22, 1930 In Book 517 Off lc I a I Records, page 29, Santa C I are CounTy Records, as granted In tho Deed from Gino A. Pasqua I I and Anne P. Pc.squall. his wife, to Pauline S. Raid, dated September 22, 1952 ~:~nd recor-ded October I, 19!i2 In Book 2491 Off tG I a I Records, page 256. PARCEL.JHREE: <Across rands of OaVallo) An easement for Ingress and egress and for the InsTallation and maintenance o(· public t.Jtllltles over the following descrJIHJd parco! of IMdJ Bag! nn 1 ng at it gran l·~e monument In tho center I I ne of Shannon Road, llt the Southeastar I y corner of that certal n 0.617 ncre 'tract as descr I bad In the Dead from Fay Tupper, et ux, to F.C. Cushman, ot ux, dated April 30, 1924 and recorded May 2, 1924 In Book 86 Official REtCords, page 63, Santa Clara County Records; running thence along tho EllsTer I y liM of said 0.617 acre tract and the center llno of Short Rot~d) North 18° 18• 30 11 East 267.02 te&tl thence leaving sold center llr.a of Short Road South 72° S5 1 Ellst 431.18• to the True Po I nt of Oeg 1 nn I ng; than South 17 () O!i' West, 30.00 feat; thence South 15° 01' East, 40.00 feetl than North 75° 01 1 West, 5:S.OO feet; thou North 72° 55 1 Wo.!:.t 76.98 teat; thGJ" :;outh Plo 331 15 11 East 24.61 teat to the True Point of Beginning. PARCEL EQliRr (Across th~ Jar:ds of Simon) An easamont tor Ingress ond egress ()hd ~at· the Installation ond maintenance of pub I It: uti 1 Jtles over a strip of fond which Is the Westerly most forty foot portion ()f parcel 1'C 11 ns sl!ld pt'lrCel Is shown on the Record of Survay flle'.1 for record on June 13, 1956 In Book 70 ol Maps at page 29, Sonta Clar8 County Records. flt!BCEL E PlE1 { Acro.u the I onds of Penny) An EHlsetnent for Ingress 8nd ogross end the I nst a I I et I on and m.t:~l ntenance of pub lie uti I I 'ties over the Wester I y most forty foot portion of Parco I 11 8 11 us snld pnrcel I~ shown on the Record of Survey f II ed for record on June 13, IQ$6 In Book 70 of Maps &t Page 29, Santa Clore County Records which strip of l.!~nd Is contiguous to the Northerly portion of tho Ettstorly I lne of Lots I end 2 •• ahown on tho Porco! Mop rocordod 0/24/90 In Book 611 at pogo 39, • ATTACHMENT 1 (cont. J N I' 12P~GE2033 PARCEl SIX: {Across the lands of Doelker) An easement for Ingress and egress and the Instal I at ion and maintenance of public ui'llltles described as follows: BegInnIng at the Southwest corner of that parce I of 1 and shown as parco I B on Tho Record of Survey f II ad for record on June 13, 1956 In Book 70 of Maps at page 29, Sat1ta Clara County Records, said pOIIlt being the T;ue Point of Beginning; then South 11° 05' Wast 25&00 feet; then South 75 ° 01' East 170.00 feet; then North 17° 05 1 West 25.00 foot# then North 1'1' 01' West 170.00 fe(lt to the True Po I nt of BegInnIng, saId 25 fobt strIp of I and belhg contiguous wJi·h the WdsTerly 170~00 toot po1·tJon of tho Southerly line of Parcel 11811 as shown on thg Record of Survey recorded June 13, 1956 In Book 70 of maps at page 29a -~, ·. :., . .::G~a· ·:r .·.1 . •.i II '· llllll .. 1\'Tl'"'~\t+l.:!.~f\ q, l!i'<\1.'5" -p,..'(t.J.lc:.._ 1\rr&c.\-111\l'.~T :7 ~­ l"S">'~-'-.-$'"'"" l5'\SI - Au-1\.cHMi:•n· ~b An A C.\IM.~·~ 'T 2. .) '5 '\ Ll\ SAT Ex1-1 IBI"T A N I I 2PI\GE2034 MAP oF QuAIL \-\ILL RoAD ATIACIINENT 2 N I I 2 PAGE 2 Q 3 5 Lan¢ls_ of Labat lhe I and referred to herefn Is sltunt0d In the Town of los Gatos., County ot Santa Clara, State ot Cal I fornla, and Is described as followst PARCEL QNEs lat t as shown on the Parcaf t<lap t II ed for record on Augus·r 24, 1990 In Book 617 of Maps, at page 39 1 Records of Santa Clara County. AJ<As Quail Hll I Road APNs 527-02-014 IIIIIJ IIITIICUMEN'T 3 N I I 2 PA G£ 2 0 3 6 Lands of D_9elker aeglnnlng at a granite monument In Shannon Road at tho Southoasterly corner of that certain 0.617 acre parcel of land conveyed by Fay Tuppor and Setr<:Jh Tupper, husband and wife, to F .. C. Cushman by Deed dated April :SO, 1924 and recorded May 2, 1924 111 Book 86 of Official Records, page 63, Santa Clara County Record&; thence a I ong the taster I y II ne of sal d 0.617 of an acre parcel of land and along Short Road, N. 16° 18• 30 11 E. 267.02 faat to tho most Wester I y corner of that certaIn 1.4384 acre parce I of I and described In tho Deed from L.A. Reid et ux, to Gino A. P.asqunl 11 6t ux, datod May 1'7, 1946 and recordod May 25, 1948 In Boo!~ 1621 of Official Records, pago 47, Santa Clara County Records; thonca leuvtng said 0.617 of an acre pare a I of I and and Short Road and runnIng a I ong 1 he SouthwostHr I y line of sold 1.4384 acre parcel of lands. 72° 55 1 E. 4~7.18 taat to the most South~rly corner thereof; thence S 17 ° 05 1 w., 157 .. 96 feet to a point and S. 75° 01' C., 170 .. 00 feet to tho trua point of beginning of this description; thence froro said truo point of beglr1nlng N. 15° OP w., 170.00 feet to a point; thence runningS. 17° 05' s., to and along the Easterly line of i·hat certain 1.008 acre parcel o1 land conveyed by Paulino s. nt:~ld to lawrence U. WII IIams, at u:x, by Deed dCited March 6, 1952 and recorded March 6, 1952 In Book 2377 of Official Records, page 399, Santa Claro County Racords, 27L99 faet to an Iron plpo at tho Southaas.ierly c;orn&r' of said 1.008 acre parcel of land In thu Norih(:lrly llno of 1hat cortt~ln 6.977 acre tract of I and conveyod by fay lupper at ux, to H.G6 Cushman, at ux, by Oaod dotod Aprl I 30 1 1924 Bnd rocord~d May~, 1924 In Boo~ 83 ot Official Records, page :S60, Santa Clara County Rocords; thence along tho Nodharly line of said 6.977 aero tract of I lind s. 85° 211 3011 E. 64.28 foot to an I ron pI po and S, 05 o 39 1 E., 1 27.96 feat to a p() I nt; th aile 6 1 ea vI ng sat d I ast named II ne and runnIng In a d I roct I I no N£Jrthaoster I y to 1 hu true Point of beginning and being o portion of lot 1 as shown on that cerillln Map on+ It I ad, 11 Map of the Subd I v lsi on of 1 ha t.t.S .. Gardner Egtate, beIng part of tho Aoncho Rtnconoda de los Gatos,11 end which Mop was flied for record In the office of tha Recorder of the County of Santa Clllr&, Statu of Cnd lfornJa, on November 23~ 1897 In Book 11C11 of Mops, page 39, a portion of Lot U os shown on that certb In Mar-s etd It I ad, 11 Map of the SubdIvIsIon of lot 8 of tha Estote of M.S~ Gordner," t~nd wh tch Mnp wos f I led for f"t)cord In i·ho off lett of tho Recordar of the County of Santa Clore, State of California, on l-.farch 1.3, tA91 In Book 11 £11 of Mllps, pogo 01, and n portion of Section 14, Township & South Rango 1 West# Mount Otoblo Bttsa and Merldlsr1. AKA1 15930 Quo11 HII I Rood APNt 517-02·011. AHIICHMENT 4 N I I 2 PAGE 2 0 3 7 Lands of llrz I lhe land referred to herein Is situated In tho State of California, County ot Santa Clara,. Town of Los Gatos and Is described as follows: Bag Jpn lng at a gran Ita monument In Shannon H.oad at the Southaash1r I y cor nor of that corTt.=~ln 0.617 acre parcel of lond conveyed by l='ay !upper and Sarah Tupper, husband wand Ito, to F.G. Cushman, by Deed dated April 30, 1924 and recorded May 2. 1924 In Book 66 of Official Records; pago 63. Santa Clara County Records; thence along tho Easterly line of said 0.617 acre parcel of land and along Short road, North 10 Oeg. 18' 3011 £ast 267.02 feet to the tnost Westerly cornor of that certain 1.4384 acre parcel of land do~crlbed In the Deed from L.A. ~'lEd d, et u>:, to FIno Aw Pasqua II, et ux., dated May 17, 1940 and recorded f~ay 25, 1948 In Book 1621 of Off lela I Records, page 47, Santa Clara County Hecords.: thence leavtng said 0.617 of an acre parcel of I and and Short Road and running along the South\1/esterly line of said 1.4384 acre parcel of land, South 72 Dog. 55' EasT 437.18 foat to the most Souther I y corner theteof• thenc9 South 17 Deg .. O~t West 57.96 feot to a point and South 75 Deg~ 01' f:ost 170.00 feet to the true poll'lt of beginning of this desc:rlptlol'l; thence -from said true poln-J of beginning continuing South 75 Deg .. Olf East 170.64 feet, more or less to a point In the Westerly line of that certain 3.01 acre tract of I and conveyed by William R. Blagg I, et ux, to Car I C. HoI gard, et ux, by Deed dated Janullry 5, t 940 and recorded January 11, 1940 In Book 964 of Official Records, page 411, Sonta Clara County Records; running thence along said \~estarly I Ina of said :5.01 ocre tract of I and, South 7 Deg. 02' West 203.00 feet to the Southwester I y corner thereof In the Norther I y I I no of that C(.~rta t n 0.9"11 acre tract of I and conveyed by Fay lupper, ot U)(, to H.G. Cushtnan, ot U)( by Ooad dntod April 30, 1924 and re>corded May 2, 1924 In Book 03 of Official Records, pogo 360, Santa Claro County Records; running 'thtHtce olong sold Northerly line of said 6 .. 977 acre tract, North 85 Dog. 39' Wost 193.00 feet toll point thereon which bears south 85 Dag. 21• 3011 East 64.28 foot and South 85 Dog. 3~• East 127 .. 96 foe+ front an Iron pipe set at the Southeasterly corner of that certaIn t.ooa tlcre parce I of I and conveyed by PtJU II ne s. Reid to Lawrence H. Williams, et ux, by Deed dated March 6, 1952 end recorded March 6, 1952 In Book 2377 of Official ~ecords, page 399, Santo Clara County Records; thence I oov tng snl d Norther I -y line of tho 6.977 llcra tree+ end runnIng In 8 dIrect II no Northe8ster I y to the true pol nt of bGglnnlng, and bolng & portl()n of Lot 1 ~s shown on ihllt cert.tlln mop entltlad, 11 Map ()f tha Subdlvl:;lcm of tho M.s. Gardnar J::stllte, bolng part of the Rrmcho R I nconoda do Los Gato&u, and whIch map was f II ed for record In ·thQ Otf leo of -tho Recorder of tho County of Sontt~ C lllta, Sttlta of California, on Novembor 23t 1887 In Book 11 011 of Maps, pege 39, a portion of Lot 8 liS shown on that certain rt~ep entitled, "Map of the Subdivision of lot a of Tho Estate of M.S. Gardner t 11 t~nd w111 ch mnp was t II ttd for record In tllu Off leo of -tho Recorder of tho County of Stmt~ C I ~ra., Sttlto of Ce II forr.l a, on f.!erch 13, 1891. In Book 11 E11 of Maps, poge 81 and a portion of Section 14 1 Township 8 South, Renge 1 West. Mount Dloblo bose end meridian. AKAt 15920 Qutlll Hill R<>8d APNt )27-02-012 II II ATTACHMENT 5 N I I 2PnGE2038 La pdp of WI mber I y Portion of Lot 1, tnap of the subdivision of the M.S. Gardner Estate, flied on November 23to 1887 In Book C of Maps, at page 39, and a portion of Lot 4, Section 14, lownshlp 8 South, Range 1 West, M.D.B. & M .. , and more particularly described as follows~ Beginning at a granite monumant In the center I Ina of Shannon Road e~t the Southeasterly corner of i·ha 0.61'1 acre tract as described In the Oeed to F.C. Cushman, et ux, recorded May 2, 1924 In Book 86 of Off.lcltd Records, page 63, thence along tho l::asterly line of said 0.617 acre tract and the center line of Short Road, as said Short Road was estab !I shed by the Deed to County of Santa Clara, recorded aprt I 22, 19:30 In Book 517 Off Ictal Rec<>rds, pago 29, North tS Oeg. 18 1 30 11 East 261.02 feet to tha true point of beginning of This description thance from the true point of beginning and contl nu I ng a I ong the center I I ne of saId Short Road, Not'th 18 Oeg. t a• :3011 East 162.00 feat; thence leaving said last named I lne, South 72 Des. 25t 5311 East :n:3.22 feei'1 thence South 17 Deg. 43• 30'' West 73.12 feat; 'thence South t B Deg. 33 1 15" East 105.4:3 feet; thence North 12 Oeg. 55' West 431.18 feet to tho true point oi beginning. Excepting therefrom 0.074 acres lying within the bounds of Short Road, as ssld Short Road Is described In the Deed to the County of Santa Clara, rGcorded Apr-11 22, 19:30 In Book 517 Official Records, page 29 .. AKAt 15961 Quaff Hill road APNt 527·02-002 AITACHMENT 6 N ' ' 2 p~ GE 2 0 3 9 Lands of. DaY a _I I e rhat certain pcwcel of land shown as Mogens Oleson Oh the Record of Survey Map flied for record on June 13, 1956 In Book '10 of Maps; at page 19, San·t·a Clara County Records. AKA: 15951 Qual I Hill Road APN: 527-02-005 1\ TTIIGHMENT 7 N I I 2 I'~ GE 2 0 4 0 Lands of S trnon Pnrcel Cas shown on Record of Survey Map flied for record on June 13, 1956 In Book 70 of Maps, page 29, Santa Clara Cour1ty necords. AKA: 15941 Quat! IIIII Road APN: 527-02-006 . I . ' i: AlTACHIIENT 8 N 1 r 2PnGE204 1 Lands_ of P~nny Parcel Bas shown on RecOrd of Survey Map fl led tor record on June 13, 1956 In Book 70 of Maps, at page 29, Santa Clara County Records. AKA: 15921 Quail Hill Road APN: 527·02·001 i \ .... J j • < 1 i 1 ATTACHMENT 9 N 1 I 2 PAGE 2 0 ~ 2 Lands of Pavne Parcel A as shown on Record of S01·vey flied for record on June 13,. 1956 In Book 70 of Meps at page 29, Santo Clara County Records. AKA: 15925 Qual I Hill Road APN: 527-02-007 EXHIBIT3 1960 The Alameda, Suite 200 San Jose, CA 95126 P (408) 261-4252 F (408) 261-4292 ,. I ~ ~ ., :T April 26, 2013 ~ h VIA U.S. MAIL Richard K. Payne 16216 Kennedy Road Los Gatos, CA 95032 Re: KROUSKUP / QUAIL HILL ROAD Dear Mr. Payne: We represent Brad and Dana Krouskup, the owners of 15921 Quail Hill Road. It is our understanding that you, and possibly other family members, own the property located at 15925 Quail Hill Road. We have been informed by our clients that your property is, or shortly will be, on the market for sale and that there is a possibility that if it is sold a buyer may pursue significant reconstruction (or construction) of existing improvements on the property. With the expectation of potential construction on your property, we have been asked to agree and opine on the Agreement for the Use and Maintenance of Quail Hill Road recorded as Document No. 12192126 at N112PAGE2016 on November 3, 1993. Certain provisions in that agreement would prevent the use of any type of large construction vehicles on the existing Quail Hill Road Easement and, as a consequence, I believe access to construction on your property would be through Drysdale Drive where your property has frontage on a public street. The provisions in the agreement that I believe are controlling are and state as follows: 2. The private road commonly known as Quail Hill Road shall be maintained to a reasonable standard as necessary to provide two-way access for passenger vehicles, service vehicles and emergency vehicles. It is not intended for any commercial purpose. 7. Parties to this agreement also agree to the following use restrictions intended to preserve the character and physical integrity of the road and thereby protect the investment made in the road and minimize Its future maintenance cost. 8. The road's use shall be limited, to the extent possible, to light-weight, rubber-tired passenger vehicles and light trucks used for the provision of residential services. 0 ,, Richard K. Payne April 26, 2013 Page 2 of 2 10. Owners of property contiguous to the road shall maintain their property in such a manner so as to protect the road improvements and to provide for the free passage of vehicles. This is to include, but not be limited to, trimming vegetation, controlling drainage, cleaning the pavement and maintaining necessary subjacent support to the roadway. 12. No use shall be made of the road which knowingly damages the roadway pavement or appurtenances or adjacent private property. 13. The installation, use, or maintenance of private or public utilities within the easement and above, on or under the roadway shall, to the greatest extent possible, not damage or impair the roadway, pavement or appurtenances. If any such damage should occur, it will be the responsibility of the property owner or owners causing such utility installation, use or maintenance to repair or cause to be repaired the damage or impairment on a timely basis and in a good and workmanlike manner, equal to or better in strength and durability than the original roadway. As a courtesy, we are providing a copy to whom we understand is your real estate agent, Helen Pastorino. Helen is a very, very capable agent, a client of our firm for a number of years, and someone who will be able to provide credible and knowledgeable information to you with regard to the issues articulated above. Should you require any additional information or wish to discuss this matter further please advise. RRR:jc cc: Client Helen Pastorino S:\CL\R\KROUSKUP\PAYNE 4-26-20!3.DOCX Very truly yo I Brad Krouskup From: Sent: To: Cc: Subject: Attachments: Helen: Jamie Cardoso [jamie@rhrc.net] on behalf of Ronald Rossi [ron@rhrc.net] Friday, April 26, 2013 2:34 PM hpastorino@pertria.com Ronald Rossi Quail Hill Road Payne 4-26-2013.pdf Attached is a letter I am sending to, apparently, your client, Mr. Payne, regarding a listing at 15925 Quail Hill Road. Brad Krouskup is a friend and also a client for a number of years. He is one of the partners of Toeniskoetter Development here at 1960 The Alameda. If you wish to discuss this with me, I woi.jld be glad to have an informal discussion. I understand, however, that Drysdale Drive is a public right of way that fronts the property and should be available for construction purposes should it be a tear down. Ronald R. Rossi Rossi, Hamerslough, Reisch! & Chuck 1960 The Alameda, Suite 200 San Jose, CA 95126 ( 408) 261-4252 Fax: (408) 261-4292 Visit RHRC's website I Get RHRC's latest legal updates on Facebook The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such Is privileged and confidential. If the reader of this message Is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. 1 1.0 Circulation I The Los gatos CA Official Site! EXHIBIT4 , I Parking and maneuvering areas for emergency vehicles should be provided as required by the Central Fire District. In addition to those parking spaces in garages or carports, not less than four on-site parking spaces shall be provided where roadways are not designed to permit parking. Drivewaysmay be used to provide this parking, except where all or a substantial part of any residence is in excess of one hundred fifty (150) feel from a safe and adequate access road. 16. Proof of Access Rights: Documentation of proof of private access rights must be provided by the developer at the initial project review stage. 17. Driveway Standards (width, length, gradient, minimum curve radius): Driveways serving one residence should have 12-foot minimum width plus 3 feet of shoulder width (15 feet total); however, the deciding body may determine that an 18- foot minimum width is necessary. A common driveway serving two single-family residences should have an 18-foot minimum width plus 3-foot shoulders on each side. This requirement may be reduced to 18-foot minimum if the Town Engineer or County Surveyor determines that the shoulders could be replaced with retaining walls and curbs. Limit of driveway length should be 300 feet unless the deciding body can make specific fi~dings for deviation and can place additional conditions to reduce hazards such as turnouts and secondary accesses. Other standards regarding length, grades, and minimum curve radius are to be determined by the Town Engineer or County Surveyor with advice and recommendation from other appropriate Town or County departments. No more than two dwelling units should be served from a common driveway. 18. Access Roads: Access roads as used herein are defined as roads connecting a parcel of land being considered for development to the nearest improved public road. Access roads shall meet the following development standards: Dwelling Units Pavement Shoulder Pavement Served Width (Each) Surface 2-3 18' 3' AC 4-6 20' 3' AC 7 or more 24' 3' AC 19. Public Transportation: Any intensive non-residential use shall provide common carrier vehicle service with direct connection to a countywide transit facility. tttp://www.losgatosca.gov/1150/30-Circulation Page 5 oC 8/19/201~ EXHIBITS TOWN OF Los GATOS HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES B. Design to be neighbor friendly. Protecting the privacy of neighboring homes is a_ high priority in the siting and design of a new house or addition. The following design standards shall be followed to the greatest extent TeasibJe to ensure privacy to surrounding neighbors. Standards: 1. Privacy impacts shall be addressed and resolved during the constraints analysis phase and initial desi n sta e, not with mitigation measures imposed as an afterthought. Sight lines shall be studied so that windows and outdoor areas are pace to mamta1n pnvacy. Guidelines: 1. The following design guidelines should be implemented to the greatest degree feasible where privacy impacts are of concern; a. Minimize second-story windows facing close neighboring properties. b. Orient upper floor windows, decks, and balconies to avoid impacting the privacy of neighbors. c. Incorporate screening measures (e.g., solid railing walls, lattice work, or planters) to obscure lines of sight to neighboring properties. d. Limit the size of decks and balconies to six feet in depth in areas where privacy is a concern. This will limit their use to passive activities. e. Use landscaping to screen views to your neighbor's living areas most sensitive to privacy. Use evergreen trees and shrubs to provide year-round privacy. f. Existing vegetation that protects privacy should not be removed. g. Screen and control noise sources such as parking, outdoor activities, and mechanical equipment (e.g., air conditioning and pool equipment). h. Locate outdoor activity areas adjacent to neighbors' outdoor activity areas rather than in close proximity to their quiet areas (bedrooms). Page 32 EXHIBIT6 TOWN OF Los GATOS HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES 3. Ridgeline and visible homes shall not extend more than 18 feet above the existing grade. 4. The height of the lowest finished floor(s) of a structure, excluding cellars, shall not be more than four feet above the existing grade to ensure that buildings follow slopes. 5. Three-story elevations are prohibited. Guidelines: None. F. Minimize building bulk and mass One of the primary concerns of Los Gatos residents is that some new houses in the hillsides appear overly large and bulky, resulting in high visibility from surrounding properties and the valley floor. The design standards and guidelines in this section address this issue. Standards: 1. Buildings shall be designed to mm1m1ze bulk, mass and volume so as not to be prominently visible from a distance or from surrounding properties. 2. Buildings shall be designed to conform to the natural topography of the site and run with the contours. Blending with the existing terrain reduces the appearance of bulk. Page 36 EXHIBIT 7 TOWN OF Los GATOS HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES Fire hazards. The hillsides above Los Gatos are areas of high fire hazard. House fires in the hillsides have the potential to become wildfires if not controlled quickly. A dependable, adequate water supply, automatic fire sprinklers, access for fire fighting equipment and fast response times are critical factors in gaining quick control over a structural fire. Factors that affect the speed at which a wildfire spreads include topography, available fuel, weather (wind, humidity) and availability of fire fighting resources. Lack of adequate circulation or evacuation routes can also impact public safety. Development in the hillsides presents inherent conflicts between creating and maintaining a fire safe environment, preserving existing vegetation, and minimizing the visual impacts of new development. lhese conflicts can be minimized by incorporating the concept of fire defensible space into site planning and landscape design. The concept of defensible space involves reducing fuel load, designing structures and landscaping with fire safety in mind, and locating structures to minimize their exposure to wildfires. Standards: 1. Building locations shall be selected and structures designed to minimize exposure to wildfires (also see Chapter V. Section I.). 2. A landscape plan shall be provided and will be reviewed by the Town's Landscape Consultant with input from the Fire Department. The landscape plan shall create defensible space around the home, and if there is a fire ladder on the property it shall be eliminated in an environmentally sensitive manner. 3. Development shall have adequate fire access (also see Chapter III section C. and Chapter VII section b.2.). 4. A dependable and adequate water supply for fire protection and suppression purposes, as required by the Santa Clara County Fire Department, shall be provided for all properties. If no public hydrant is available, there shall be an on-site water supply in a storage facility with an appropriate outlet valve in close proximi to an accessible hard roa su ace. 5. Water for fire suppression shall be available and labeled before any framing may begin. 6. Above ground water tanks shall not be located in required setback areas. Page 24 EXHIBITS -IillsideSpecificP!an-1.0 LandUse I The Los G~tos CA Official ~ite! . I required for all developmeni proposals in the hillsides, including buildings, grading, roads, parking areas, landscaping and outdoor lighting. The purpose is to provide for the design of building sites which will be appropriate with mountain environment. B. In subdivision design, home sites shall be so located as not to interfere with the natural ridge silhouette as viewed from the valley floor. C. New construction shall not be allowed which would protrude above the natural ridge line or otherwise alter its natural contour as determined by the deciding body. D. Construction of multi-story structures at the ridge line shall be prohibited, unless necessitated by other requirements in this plan or subsequently adopted hillside standards. E. The lighting of court game areas shall be subject to Architecture and Site Review or Design Review. 1.4 Implementation 1. Solutions to Development Problems: County shall require more detailed plans at time of filing. 2. Permitted and Conditional L.lses: The following criteria shall be applied in evaluating proposals for Conditional Use Permits: A. Standards for non-residential uses shall not be less than for specified residential or agricultural uses . B. The proposed use shall not significantly increase traffic in the area, present traffic hazards, or require exceptional provisions for traffic flow. C. The use shall not impose any more burden upon the Town's energy resources or services than would a single-family residence approvable under current hillside standards. D. The use shall not adversely affect the privacy or safety of area residents, the value of nearby property, or the topographical integrity or ecological balance of the area. E. The use should be limited to that which clearly serves the public interest or needs of the Town. 3. Clustering of Dwelling Units: Reduction of minimum lot size may be considered only through use of cluster permit procedure of county ordinance and Planned Development procedure of Town ordinance. 4. Architectural and Site Review: The Town and the county shall adopt standards to be used in the review of Hillside Development Applications. 5. Prohibited Uses: A. a. New secondary dwelling units (except in the county where such uses may be permitted in historic structures.) B. b. Bed and Breakfast Inns 6. Sub-Area Residential Densities: 1ttp:/ /www.losgatosca.gov/1148/1 0-Land-Use Page 2 of' 8/19/201: 1.0 Circulation I The Los Gatos Cf\ Official ~ite! EXHIBIT9 and trees require special treatment. b. Adequate slope easements shall be provided. 2. Private Roads Versus Public Roads: a. An adequate system of publicly owned and maintained roads is the best means of providing adequate access to all properties. Access by private road shall not be allowed unless fundamental to a special approved design concept unless full provisions for construction and maintenance of the private road system have been approved and unless it is consistent with neighborhood circulation. b. A private access road to Guadalupe College from the Lexington Reservoir area will be provided from Alma Bridge Road/Limekiln Road. The private access road shall incorporate provisions for emergency access to Foster Road. 3. Separate Road Improvement Standards for MajorSubdivisions and Minor Subdivisions: In this plan there is no distinction between major and minor subdivisions with regard to road improvement standards. 4. Roadway Design: a. Special roadway design standards shall be utilized in the development of hillside roadways considering the purpose of the roads. b. Roadway design techniques such as split-level roadbed should be utilized in order to reduce the "scarring" of hillsides. c. Increased number of on-site parking spaces shall be provided in lieu of those spaces on the roadway which are eliminated by use of hillside street standards. 5. Mountain Collector Streets: Collector streets, as defined in the Town General Plan, should be connected to other public streets to provide a basic roadway network of alternate routes, without providing attractive through routes to non-local traffic. Town's General Plan defines a collector street as a street that serves abutting property and carries traffic to the arterials and expressways. 6. Two Means of Access: a. As a guide to developing a circulation plan, two means of access shall be provided to all areas. If dual access is NOT available, the land use intensitl( shall be limited in accordance with the access provided. tttp://www.losgatosca.gov/1150/30-Circulation Page 2 oC 8119/201~ 1.0 Circulation I The Los gatos CA Official Site! EXHIBIT 10 Parking and maneuvering areas for emergency vehicles should be provided as required by the Central Fire District. In addition to those parking spaces in garages or carports, not less than four on-site parking spaces shall be provided where roadways are not designed to permit parking. Driveways may be used to provide this parking, except where all or a substantial part of any residence is in excess of one hundred fifty (150) feet from a safe and adequate access road. 16. Proof of Access Rights: Documentation of proof of private access rights must be provided by the developer at the initial project review stage. 17. Driveway Standards (width, length, gradient, minimum curve radius): Driveways serving one residence should have 12-foot minimum width plus 3 feet of shoulder width (15 feet total); however, the deciding body may determine that an 18- foot minimum width is necessary. A common driveway serving two single-family residences should have an 18-foot minimum width plus 3-foot shoulders on each side. This requirement may be reduced to 18-foot minimum if the Town Engineer or County Surveyor determines that the shoulders could be replaced with retaining walls and curbs. Limit of driveway length should be 300 feet unless the deciding body can make specific findings for deviation and can place additional conditions to reduce hazards such as turnouts and secondary accesses. Other standards regarding length, grades, and minimum curve radius are to be determined by the Town Engineer or County Surveyor with advice and recommendation from other appropriate Town or County departments. No more than two dwelling units should be served from a common driveway. 18. Access Roads: Access roads as used herein are defined as roads connecting a parcel of land being considered for development to the nearest improved public road. Access roads shall meet the following development standards: Dwelling Units Pavement Shoulder Pavement Served Width (Each) Surface 2-3 18' 3' AC 4-6 20' 3' AC 7 or more 24' 3' AC 19. Public Transportation: Any intensive non-residential use shall provide common carrier vehicle service with direct connection to a countywide transit facility. lttp://www.losgatosca.gov/1150/30-Circulation Page 5 oC 8/19/201: 'I Sec. 29.10.060.-Parking. I Code of Ordinances I Los Gatos, CA I Municode Library EXHIBIT 11 Airport; Solid waste disposal site; Sales of distilled spirits at a service station. Page 24 of43 The intent of this section is to prohibit uses which might appearto be included in an allowed category. Omission of a use from this section is not intended as an indication that the omitted use is allowed in some zones. (Ord. No.1316, § 1.00.080, 6-7-76; Ord. No.1363, 8-1-77; Ord. No. 1369, 10-3-77; Ord. No. 1407, 1 0-16-78; Ord. No. 1521, 11-2-81; Ord. No. 1655, 5-20-85; Ord. No. 2023, § Ill, 11-18-96)' Sec. 29.10.046.-Special events. %Q~B~ Nothing in this chapter shall limit use of property for activities in conjunction with a special event permitted pursuant to the provisions of Article X of Chapter 14 of this Code. (Ord. No. 1908, § I, 7-20-92) Sec. 29.10.050.-Scope of sections 29.10.070 through 29.10.295. %Q~B~ The provisions of sections 29.10.070 through 29.1 0.295 apply to all zones. (Ord. No. 1316, § 3.00.01 0, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77) Sec. 29.10.055.-Landscape required. %Q~B~ Any required front yard or any other required yard abutting a street must be landscaped. (Ord. No.1316, § 3.05.010, 6-7-76; Ord. No.1337, 11:1-76) Sec. 29.10.060.-Parking. %Q~B~ Off-street parking spaces shall not be located in any required yard abutting a street. ... Scroll to Top (Ord. No. 1316, § 3.05.020, 6-7-76; Ord. No. 1337, 11-1-76) https://www.municode.com/librmy/ca/los gatos/codes/code of ordinances?nodeld=CO _C... 8/26/2015 l.O Circulation [The Los gatos CA Official Site! EXHIBIT 12 'I Parking and maneuvering areas for emergency vehicles should be provided as required by the Central Fire District. In addition to those parking spaces in garages or carports, not less than four on-site parking spaces shall be provided where roadways are not designed to permit parking. Drivewaysnmy be used to provide this parking, except where all or a substantial part of any residence is in excess of one hundred fifty (150) feet from a safe and adequate access road. 16. Proof of Access Rights: Documentation of proof of private access rights must be provided by the developer at the initial project review stage. 17. Driveway Standards (width, length, gradient, minimum curve radius): Driveways serving one residence should have 12-foot minimum width plus 3 feet of shoulder width (15 feet total); however, the deciding body may determine that an 18- foot minimum width is necessary. A common driveway serving two single-family residences should have an 18-foot minimum width plus 3-foot shoulders on each side. This requirement may be reduced to 18-foot minimum if the Town Engineer or County Surveyor determines that the shoulders could be replaced with retaining walls and curbs. Limit of driveway length should be 300 feet unless the deciding body can make specific findings for deviation and can place additional conditions to reduce hazards such as turnouts and secondary accesses. Other standards regarding length, grades, and minimum curve radius are to be determined by the Town Engineer or County Surveyor with advice and recommendation from other appropriate Town or County departments. No more than two dw~lling units should be served from a common driveway. 18. Access Roads: Access roads as used herein are defined as roads connecting a parcel of land being considered for development to the nearest improved public road. Access roads shall meet the following development standards: Dwelling Units Pavement Shoulder Pavement Served Width (Each) Surface 2-3 18' 3' AC 4-6 20' 3' AC 7 or more 24' 3' AC 19. Public Transportation: Any intensive non-residential use shall provide common carrier vehicle service with direct connection to a countywide transit facility. tltp ://www .losgatosca.gov/1150/3 0-Circulation Page 5 oC 8/19/201: :, . EXHIBIT 13 ~rant' :D}_ef(l J~int ~ena·ncp - · · · · I I , .. , Perl;~Y ~a·._,.~;>a.Yne· E,tn.d Di~uui~H~ :-PSYn~, _-.h~_a· ~l(e.r~ ·-· · · ·_, ·· : --·~-· ~-_.1 · -~~-: . -, -' -, ·-· ~--:: -dG ·bercb}mwrriO ·. Har·vey .D~_ROs~ and- '. _ ~.)>l1ii,Faye Hose, hls li1fe, · j Cocntr of Suau, OUJ., Sttte of Callfomb, ddCril:d. u follows: · Begin.'ll_'(lg at the~~os~-~outherly oa~ner -~f ·that oiir-tain parcel ur-~d · · · · .. _ conveyed .. by_ Hari'iS, et _Ux, ·tO PerleY H.Pa)?le·; --~t u~, by _Dead _dated · January 21, 1955-and recorded· January 21, 1955 l'n -Book J064 .. of Off.lcial R_~co_rds; ··page ·_56~;._ thence -~.:?5°, 01 1 w. along the Southw~Ste~ly 11)16 · --, of-said ptu•oel ()f :land JII0.82 feet to ·the most Westerly corner_ thereof;- 'thence' II. 17.0 -08'-E. _a],ong the Northweste_rly line of. S?-id-Psrcel of land:l02~51-feet·t.o an lroh pipe at -the most_ West!)rly corner oert31n· parcel· of lana·:Qqnveyea·· bi Perley B.~ame,. e_t-ux to ''"'". 10e !i,, Walk, ct ux,-_by_-Deed dated l'.aroh_4; 1957 and recorded in Book_ J74J -of. of'r{cigb Records, page 60; thence along line of' ~a1d Walk ·parcel·.or·l?lld t:he folloW~ng Courses ~-72° _521 E. 80;00 fee't; !1, .61-? 42' ·E; 21;60 feet; _N. 27° ·teet;-. S, 7-$0 -01 1 E.-97;03 feet to'· the _Southeasterly corner _Halk !Jar·cel_ of land;-therioa S.-44° 01' --E_.--_-~5) _-feet to. ah-:lrop pipe; , _thence .s, 75° 01 1 E, 70.00 feet .to_an_lron pipe on the Easterly _line of 1ihe ~a10 _Payne parcel·~! land;_ th~n_oe:--s_. ?0 .Q2! :w. along~ sa1~ Ea~ta_rly. _ _ line -to _the. po,._nt of:. beginning and _being· a __ por~lon. _·of ·Lot 1 as shown 9n . that·oertn1ri Nap entitled.! ."Nap of theSubdhlslon ·o'f''1:beJI,,S.Gardner Estate, being p3.~t ·Of. the .-RanchO. Hi-ncou.~d~· de J:.os G$_tos:'; "and Whl~h. Nap WaS . ' .... fl.led· fo~ recorQ. ln the· o:ffloe. of. _the_ Re:oorde~· .of_ -the·. County ·of -~·Clara, Sta_t~~ or Cal-lfi::ii-nla, -~·Nov~mbSr ?3 1 .18~.7 in Book :nc•.·o:r fi"ap_~, pag~· 39, . -·.an~ a portion or--_the-_ ·land der.crlbed in the Deed fr'om B.ob.:Harr1s, et ux 1 · to _PePl?y. -a. PB.yne·;. 8_t_ .. ).IX; .. he.~_eii}~liov~--~fiii;mt_1Qlle;!.!i._~?-;n_g __ f?h9l"ffi ·as._ Parc~l_:·~ . . ·on·· the· ··Hap :of-r_eoord·~~f-..-4U~Y~--i--eoO_rp.ed in. Book· -19-· of··Ha.Ps ;-il8f;~-29~-·-Santa · Clrrr-,g, :·co.unt_y·_ 11:::ooras·. · .. ,. · ·' · ·-· · · ;fufietQer ·.d:th --~~-:a:S."·app-u_I.t_9p.~t-~q -the ~ab_-oye·, desci'i:t?ed "pa_r_cel or land, non--e-?Cc:~uslve-·eas-~m·enf:i~ fOr',:1pgress and ~egress ·an~ ·ror· thB· 1:Usta~lat1on -and ma:1ntemincie-:of_:pUbllo _ ·ut·1i1 tieS over· ana along ·the folloWing .desCribed · -p;lrcel:s ··qr-·-land·:: ·. · ·· _· '.-· . : · · · ·-·.~--'. · -· ·. ··' ' . · . : · · ':: (il) A_'str1p or:.l_arid 43 'fee.t wide the. so~tithwes_t_jiriy Una'_ of 'which .i.s -· .· describe9-,_-·as .·_follows: Beginning at -"a .point ·oil the.E.a.sterly·.-line.·or that -,._.. ··certain _·o~ 91?. ·of. an acr~. -P?.io¢¢-l: pf ___ l!3-nc(._-c·o~veyed _by. F~y :ruppCr._.arid-.s_arilh: -- +upper;·,-l)us_band ·and .wife_; to ·J>;'C,Cusi)man' by-:Deed dated -Aprn J01 ).9~4--' Ein>i-recoi:!ded--tlay-2 '1924---in, Bpak. 86 ·of _ _official !jecords ,',page 63;· Santa . . ·c~ar.a. Couhty HeoOrd8; · .. dtst?ilt: tli_ereon-s·. ·18°18'30-" W. -?O~oo·. -fe.et fri::irti the.· -_. .. most ·-Wes.te.i--ly ·.corner: ·ar~ that· 9ertain -1.4J84 Bore· paroal-of·· larid: .de Soi-l bBd ._ .- .·_in th:e~_flce·a -fr~m-.--L~A-. __ iHe.:i.dt _et .. ux, __ to· 91no ~A'.Pasqu~l1,· et ux,_ .. d~ted)IS,Y "],;?~ ·19.48 ·anil.-:reoor}ie_d__M<lY ·zs-, 1948 1l1_)3()ok-lt\21 of Of'f1c1(11-Records, page. 4?, •. -~~nt~ -~};;~.~ C·o·u:n~-y·· ~~cord~-;~-.. t~~n~S ·p·ar~liel ~~ th ·. the.:-S.~Uti:tw_eEt~t}!i~ -~~~~ of ·saH 1_,4)84.';~cre--'paro_el of 19.nd s._-72° _55'-.E, 4J_7.-6J,_feet· to __ a:po1nt in a· line drU·:..'l1 s ~ "179 05 1 · W i f-;r_'Jr::; th~ :saU.th~,ast~rly come_~-· o.f. sa_id-1, 43_84. · _.aCre:-t)~.rc61-0f.l8.tid~--~·-,_ · .-_· :·.--. ,·-_·_ · .··-.--· ._ ·:·-.. -. : .·_,_. ·.·--(b}, ~g1n.P1n-g A:t:_-the ~~_ue p·aint -~Qf ··?egin_hlng.o?f" the rn.rc.;l .or J..and · . deScrlbed ln ·-the .Deed. fror:r fer-ley· B.Pa.yne 1• ·et ux __ to Claude M. ttalk,. et UX 1 dat;.a r-:arch 4 .1957-iui~ ·recorded }\arch ,4, 1957· in Book J74J_ of Off1c1ol ae_corns "t .P""~ liO·· thence ir-.-17°-o-5, E, ·;o.oo·reiit; thence !I, 18" J.3' so" H. 28,JO ·" ~u-' · · · o <ll.!-<OOOf t d _ feet; thsnce S~ ?2° ".55~-E.: 56,)~9 feet; -~hence ·.s.· }-~=-O~,.,..L! . ~e j Dl1 -~-'"::"":-~helico. ~l. ·. ?2.0 . .5.5' il •. 4o·;oo. feet ~o·-·sald . tr\.1'3-point-or. beg11)111ng • .-. . . . -.·. ·, --' _ . ·(o) ,_-The moslr--Jior~]l·Aester1y 40 feet Of tt;';t· Certain.parcel.of land_ qonveyed· ·by Per'ley-._B_ •. Pa_yn~ et U:f. to Claude-t-1. ,.;a~k et ~x ~.ated ~1arch 4, _.1?57~.-recorded Hm:ch 4,· 1957 1nVol; J74J. Official ~~cords, r;age .. 6o •. __ . . . :· . ~ -.:J , . . - . - . (. . . , ·. . -.. ' ' , .· : . . . . , . . . . -, .. I _; · .. ~Ai~~-;· ·t~fie.ther, -~-i.th :an·. apptirtetlaDt .. eftsenl.en~ f~r ··t~~ .1nst~llat10_n ~nd>6. · .,_ ·.,maintenance. ot. a w3 ter pipe:· 11ne over,. _elo_ng ·and _under that por~lo~·,of th-: --'r.,ilow_1ng -:M~orl ~ed ·10 rotlt strip ly 1ng withl n t~;e, lands of_ tho Grantor.s- · in-the Deed· froro·J;06ens Olesen et ux, _to_Glau~e-M,W\llk, ~\; ux and Fe,r1ey f;, Payne, et Uf';. dat~d Ney 5, ·1957 an<! recorded ~·!aY 9, • l9S7 Jn Boo)( 3794 or ~~~f_1_c,1a~ Rocords,_. pac;a 196; .·.~ _-_)__'(. .J:-. · . _; . ____ c_: ·-' • · · · ·,., · ... · j , '- ' ( .• ·. .. __j : .. [ . • . . • ·~· . A strip of 1!\l),d 10; feet-in Widthl -5 t"eet -on eaoh ·side of ti ·o"enter ·l1pe f mor·e •pat?.ti_OUlEirly des?"rlbed'.~g-fo~l0WS: ... • . .-· I j ' , ~ . . Com!""_nc111g at_. the intersootton of-.t)le .. center 11n~" of 1 Sihor.tfHo5 ahd atnBd ad _.<';::._ '-9hanrion·Hoad; .thence llor,-theasterly along the oen~r · ... ne ·? .... or. o . 1 ~ ,J!.)_J8°-16•. E~ ·(s<!1d .beax-ing'taken for .purposest of .thls,description)· -· :. .C?. '<~distance of 272.-SO-l'eet• thence s. 72°rl-7 1 JO"• E. 20.-00,feot t:o the . · · 0) ' point· of. begitln1.ngon "tne 'W0 stertfJ.1ne1-'or· the lands of John: P .-)lrz1', . ,-:.J · "'a.cqulred _by· ·Deed _recorded De"Oember ]0 1 ,· ,19,54 ~n :Book; J050. of 0 0fftcia~ · · _-·. · :i!i'·' Records;' page J40, Santa. Clara. CouhtyHeoords;. thence_ s. 72 .17 JO .E.-· ~ . . 46].00 feet; 'thence· S. 74° 49' -JO" E,-:").70.00 feet to ·the end of the .afore-~'­ -. ment.loned-:;oente~. 11ne; _all-within the Cou,nty:of' ~anta ~lara, _Ptate o~ ._ r---- C.!ll1forn1~~ · · · · ·'Reserving i'roin the· parc~i of ·.iand. firstlY. ·h~retn deo~riceil. -righ~ of'o-.wey....:__ ·.: · · ,-fo~ nlgress l;ind ·egress ,_anq r~n~ !nata~latlon and ma1ntenano!3 -of--p~Q~!o· util1.t19s .... .Jpver, along,. ptlder. and .aQro.~s the_ prbper~y-h'3r:·~lpaf.ter d,escl'1bed · ·.Tl:i~ SouthwesterlY" and-Sputheasterly lines of which are more particularly _.desor·lb~d as follOws: . ·__ - _ . _ .. . . . . : .... (a)" Beginn~ng _at--a .point' on the SouthHesterly llne of that· certain·.- :P~roel "!J;f ·land· described .in· the Deed .from B9b_ '_Harris,: :e_t-_ux~ -to _Perley B. Fayne;· et tq, -by Deed·.dated January' 21,· 1955.and recorded "Jan. 21 1955 1n· Book. 3_<?64 .of1 Offlqial Beoor·d~, _pagf' .s?e, S~nlt9 Cl~~a .County He_-oords 1 : distant_. the~!S'on·.-s. ·. 75°-0l' E. 40.00 f'eet from the most ~{es_terl'y corner or-said paroel·-or land; ·thenCe ·rttim,ing along-the Sou.thwesterly···line Of._ said· ·Payne ·paroel._of landS.-75°· Ol'. E·; _lJO.OO feet;· thence rUnrilng i_n_ a direct ··line Nor-theasterly. to the-Northliest·erly-terminus of that line~-in.tthe ·_ ··. p<}I'cel· of _land 'r1.rstly. hez:e"iri abOve desc~i ~ed ·haVing. a:·"goul-se ·an(\ diStance· of-s. 75" 01 1 E. (O;OO fe~t •. · .. -·: -,. . . · ·. . . ··. ·: · .· ' -_. -__ , _(b) . Also a· strip_· of land 40: feet 'wide 1 th9 l!oi-thwesterly ·line of. which is --d~soribed as fo~lowa:-_. Beginning Btt-the most wester-ly; corner' of the.-~ _ l.rutas·_-rH•stly herein descrllJed,--the·noe _along tbe-)for.thwes~erly. 1-!ne· Of Said -lal)!\s !j, 17° .. 08' ~E. 10?.51 feet to the llortheasterly· line of .said. tands.-· .. .. . . < ~e---~i-~hts" ·h~r~in. reserved-are 1n:g lan~_S ·of :orantOr.s.._ .. ·. ____ . -~ to· run-w1Ph-~d .Qe a~p~rtenant· tO th~ remain~ . .. . . . . .-. . ·. _·_._ .. ~:rh~_s .. oon_vey~oe')e ."m8ae ~nd·· aC·G~p--te~, S.ubj~c·t : t~. the·.:rollowln·g ·ao·nat tlons: · . '-. (~) ·That·_ any . .r.esldelltia:l--etruoture ere-cted "Shall contain .not_ 19ss· .-. :than: ;1:500 square :feet. of living area· {2)"."that. no live. stoolj shall be ·kept ·_.or )Ii31.rit91n~d a:n· _the p;roper.ty _herein Oonveyed;·exCep:t_· hoUsehold.pets ""in a re9.s6riabl:e -nuci_ber. · .-~~ ~-~ ·. ·.· c • • · ... _.. ····--~-----·---.----,----. -. --· · ..... ·7"\ . :..J '..--' ·-· ·'·· ,......:.• .·.:-..i . _·.·,. .·-·· • -.~." ..... ..;,;::',.;::~ ... :;.::;.1 ";';;;.;. ::;;;:: ·::i "'"' ·:~~~-t~.·-·-·· \ "'~ • .,;n«<l ~"':" -:"-are J . they. ·-··= ·~ -·- ,. . ., . :--I ~: ·!·- . ·, .. · \ . 1. . ;· . "i . ,. ···:. I . ., '. ' . I, : . J." ___ ._._._· __ . __ ;·· • . --::-· . ·--. ,_ .. . , .. l _ __.__ ···.· I . --.· -.,. '-. I ··.· . . , 8A:51.5 OF 8£AR!NG:5 & f./OT£5 The kri1>9 of' the""""'"~' /;ne (;V 7"02 'E.) of' Pored Z oii!Je o'e«< Jl'om W!/Us E i fie! en U Carre lo TI!OHKis L. / Tltea:!Oritl t: S/Qyrv~ r&am:lec! m &k !.'16Z 1?./? at Pt19e 192, 5f11lla Clam Covntv l?ea>rds, was used as 117e basis o! bearJ'n?s All d!stonces om! dimenSI0/7S ore sh&~JW'I ln feel cmd decimt?!s f/1ered ·• Indicates !ron Rpe /Ouml o f,1dicales Jm~ PtpeSef 1/BCOI/D Of S'l!f{FEY OF LAND OF PJE.f/ltlBY PAYNJjj BEING A PORTION OF THE M. S. 6ARONER ESTATE SANTA CLARA COUNTY CALIFORNIA SCALe; t·J(){)' NOVEMBER./955 ENGINECR'S CcRT!f'ICATE I, E. e. B~dq, !Jere/Jy certilq /17/s lo!Je a true ancl aJrrect map a! a svrrey made l>q me durmg OcfoiJer, /9§5; <1/ the rec;uest <1/ Perleij Paqne. -;r.P?!"~ Regls/ered Ci.Yil E17q111eer 7755. COUNTY ENGINEER'S C£RTJF!CAT£ Tl?is map!Ja5 Peen e.ramined iii comp/Jance w;/h /lteprorisions ol S«tion 8766 o! !be B!ISille$$ and Pro/esSJotlS Cm'e croo' l«t!1d .5C;/Jsfaclorlj · LEONA RO 8U51fi'IELL;Co(IIJ/y filqlll.W COUNTY R£COROcR'5 CERlff!CAT£ File No. 12:ZtZ70 ~Paid !'!(eo' ol /he reqvest of £E. ezt c;;s'§ff.v 011 meL~'*>'f''::S'J."'""'"'"'"''-- !956. ill BooJc..:M..ol J.{IJps ol Poqe w/q C/urq Counfv hi rds. SYL C. TIILLY, Co1111fq Recorder .ResolvfiM <'I the 8wrd ol Sope.rn"sors oaronnq Mop, recorded. ./ttN~ ~ J?eccra'er.Jl file No 122.12.7.!>-: r-------------------~------------------------------------------------------~ R!:(:ORDING REQUESTED BY: Old Republic Title Company Order No.: APN: 0631011561-LN 527-02-001 EXHIBIT 15 When Recorded Mail Document and Tax Statements to: Brad Krouskup & Dana Krouskup 15921 Quail Hill Road Los ~atos, Ca., 95032 DOCUME~·f: 20108580 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republic Title Company Fees .. Taxes. Copies. AMT PAID Pages: 3 25.00 3080.00 3105.00 ROE II 006 1/2312009 8:00 AM ---------------------'------SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ____ _ Grant Deed The undersigned grantor(s) declare(s): Documentary Transfer Tax is $3,080.00 (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Los Gatos FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Joni I. Curtis, as Trustee of the JC 2007 Residence Trust, dated January 31, 2007 and Eric B. Curtis, as Trustee of the EC 2007 Residence Trust, dated January 31, 2007 hereby GRANT(S) to Brad w, K;t;OU,Elki.!.P and Dana B. Krouskup, Trustees of The Krouskup 2001 Living Trust dated 11!15t20U1 that property in City of Los Gatos, Santa Clara County, State of california, described as: See "Exhibit A" attached hereto and made a part hereof. Date: January 20, 2009 JC 2007 Residence Trust, dated January 31, 2007 By:~~~-~- (j_QjLCurtis, Trustee By: EC 2007 State of California County of Santa Clara ( ? £ C D ,--4-v I 0 VJ,/[ l..A. c3 (.__ On ... -v -0 f before me, · a Notary Public, personally appeared Eric B. Curtis and Joni I. Curtis, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand anp o. rcial seal. , Signature ~ DAVID M. ZIEL COMM NO 1780801 ,\JO!AHY r-'UJLIC CALifORNIA ~fii~\JliJ'tM:Ii(~;~~!~I~A CLARA ,2011 Name David M. (typed or printed) Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE ORDER NO.: 0631011561-LN EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Los Gatos, State of California, and is described as follows: PARCEL ONE: A portion of Lot 1, as shown on that certain Map entitled "Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos", filed November 23, 1887, in Book "C" of Maps, Page 39 and also being Parcel B, Map of Record of Survey, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 13, 1956 in Book 70 of Maps at Page 29, described as follows: Beginning at the most Southerly corner of the parcel of land conveyed to Perley B. Payne, et ux, by Deed recorded January 21, 1955 in Book 3064 of Official Records, Page 568; thence North 75° 01' West along the Southwesterly line of said Parcel 340.82 feet to the most Westerly corner thereof; thence North 17° 08' East along the Northwesterly line of said Parcel. 102.51 feet to an iron pipe at the most Westerly corner of the parcel of land conveyed to Claude M. Walk, et ux, by Deed recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence along the Southerly line of said Walk parcel of land the following courses and distances, South 72° 52' East 80.00 feet North 61 o 42' East 21.60 feet; North 27° 10' East 35.53 feet; South 75° 01' East 97.03 feet to the Southeasterly corner of the said Walk parcel; thence South 44° 01' East 58.53 feet to an iron pipe; thence South 75° 01' East 70.00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 7° 02' West along said Easterly line to the point of beginning. PARCEL TWO: A non-exclusive easements for ingress and egress and the installation and maintenance of public utilities over a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, described as follows: (a) A strip of land 43 feet wide the Southeasterly line of which is described as follows: Beginning at a point on the Easterly line of the 0.617 of an acre parcel of land conveyed to F.C. Cushman by Deed recorded May 2, 1924 in Book 86 of Official Records, Page 63; distant thereon South 18° 18' 30" West 20.00 feet from the Westerly corner of the 1.4384 acre parcel of land described in the Deed to Gino A. Pasquali, et ux, recorded May 25, 1948 in Book 1621 of Official Records, Page 47; thence South 72° 55' East parallel with the Southwesterly line of said 1.4384 acre parcel of land 437.61 feet to a point in a line drawn South 17° 05' West from the Southeasterly corner of said 1.4384 acre parcel. (b) Beginning at the true point of beginning of the parcel of land described in the Deed to Claude M. Walk, et ux, recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence North 17° OS' East 30.00 feet; thence North 18° 33' 50" West 28.30 feet; thence South 72° 55' East 56.49 feet; thence South 17° OS' West 53.00 feet; and thence North 73° 55' West 40.00 feet to said true point of beginning. Page 1 of 2 (c) The most Northwesterly 40 feet of the parcel of land conveyed to Claude M. Walk, et ux, recorded March 4, 1957, Book 3743 of Official Records, Page 60, being the most Northwesterly 40 feet of Parcel "C" as shown on Map of Record of Survey recorded June 13, 1956, Book 70 of Maps, Page 29. PARCEL THREE: An easement for the installation and maintenance of water pipe line within a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, being that portion of the following described 10 foot strip of land lying within the lands of the grantors in the Deed from Mogens Olesen, et ux, to Claude M. Walk, et al, recorded May 9, 1957 in Book 3794 of Official Records, Page 196. A strip of land 10 feet wide the centerline of which is described as follows: Commencing at the intersection of the center line of Short Road and Shannon Road; thence Northeasterly along the center line of Short Road, North 18° 16' East (said bearing taken for purposes of this description) a distance of 272.50 feet; thence South 72° 17' 30" East 20.00 feet to the actual point of beginning on the Westerly line of the lands of John P. Urzi, acquired by Deed recorded December 30, 1954 in Book 3050 of Official Records, Page 340; thence South 72° 17' 30'' East 465.00 feet; thence South 74° 49' 30" East 170.00 feet to the end of the aforementioned center line. APN: 527-02-001 A525-15-022 Page 2 of 2 ~ 'e) "NOTE: Easements depicted hereon are provided as a courtesy only and no representition is inade as to the accuracy or completeness the¥&'0't' Thg'Coil1'jl'j'i!Y asS!mle&!W -lia tilbty.W.r any loss occuring by reason of reliance thereon. it is recommended tllat a survey be obtained tmm a licensed . professional tc determine actual locations." 0 / ._COtJN7V, • CJ!.Lll"O~!'i!IA ilsW II ·----------·-··----~------~-------~- The Policy is limited by: Homeowners Policy of Title Insurana For a One-To-Four Family Residence EXHIBIT 16 Issued BY: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South, Minneapolis, Minnesota 55401 Policy Number A04016-FTEA-124533 OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between You and Us. It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately. The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed beginning on page 2 of the Policy. • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions on page 3 r • Exclusions on page 3 [.' • Conditions on pages 4, 5, and 6 n You should keep the Policy even if You transfer Your Title to the Land. 1' If You want to make a claim, see paragraph 3 under Conditions on page 4. ( \' You do not owe any more premiums for the Policy. ' This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail Your rights and obligations and Our rights and obligations. Since the Policy --and not this sheet--is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If You have any questions about Your Policy, contact the issuing office. TABLE OF CONTENTS PAGE PAGE OWNER'S COVERAGE STATEMENT 2 CONDITIONS 4, 5 and 6 COVERED RISKS 2 and 3 1. Definitions 4 d OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS 3 2. Continuation of Coverage 4 -~J ., SCHEDULE A INSERT 3. How to Make a Claim 4 i.·\ Policy Number, Premium, Date [and time] and Amount 4. Our Choices When We Learn of a Clairn 4 'J i Deductible Amounts and Maximum Dollar Limits of Liability 5. Handling a Claim or Legal Action 5 Street Address of the Land 6. Limitation of Our Liability 5 1. Name of Insured 7. Transfer of Your Rights to Us 6 2. Interest in Land Covered 8. Entire Contract 6 3. Description of the Land 9. Increased Policy Amount 6 SCHEDULE B --EXCEPTIONS INSERT 10. Severability 6 EXCLUSIONS 3 11. Arbitration 6 This Policy is not complete without Schedules A and 8 and the Conditions ORNT Form 1105-CLTA Homeowner's Policy of Title Insurance (10/22/03) Pagel Owner's Coverage Statement his Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy, resulting from the Covered Risks set forth below, if the Land is an improved residential lot on which there is located a one-to-four family residence and each insured named in Schedule A is a Natural Person. Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event creating the risk exists on the Policy Date, or, to the extent expressly stated, after the Policy Date. Your insurance is limited by all the following: • The Policy Amount shown in Schedule A • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liabilty shown in Schedule A • Exceptions in Schedule B • Our Duty to Defend Against Legal Actions • Exclusions on page 3 • Conditions on pages 4, 5 and 6 Covered Risks The Covered Risks are: 1. Someone else owns an interest in Your Title. 2. Someone else has rights affecting Your Title arising out of leases, contracts, or options. 3. Someone else claims to have rights affecting Your Title arising out of forgery or impersonation. 4. Someone else has an easement on the Land. 5. Someone else has a right to limit Your use of the Land. 6. Your Title is defective. 7. Any of Covered Risks 1 through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Title, including a: a. Mortgage b. judgment, state or federal tax lien, or special assessment; c. charge by a homeowner's or condominium association; or d. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date. 9. Someone else has an encumbrance on Your Title. 10. Someone else claims to have rights affecting Your Title arising out of fraud, duress, inmmpetency or incapacity. 11. You do not have both actual vehicular and pedestrian access to and from the Land, based upon a legal right. 12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or restriction is excepted in Schedule B. However, you are not covered for any violation that relates to any obligation to perform maintenance or repair on the Land, or relates to environmental protection of any kind or nature, including hazardous or toxic conditions or substances, unless notice of the violation is recorded in the Public Records. 13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B. 14. Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are forced to correct or remove the violation; or c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage Joan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 15. You are forced to remove or remedy Your existing structures, or any part of them -other than boundary walls or fences- because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 16. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 17. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. 18. You are forced to remove Your existing structures because they encroach onto Your neighbor's Land. If the encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A Page2 Covered Risks .9. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing structures encroach onto the Land. 20. You are forced to remove Your existing structures because they encroach onto an easement or over a building set-back line, even if the easement or building set-back line is excepted in Schedule B. 21. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the Land, even if the easement is excepted in Schedule B. 22. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. 23. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race, color, religion, sex, handicap, familial status, or national origin. 24. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. 25. Your neighbor builds any structures after the Policy Date other than boundary walls or fences--which encroach onto the Land. 26. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 27. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded. 28. The residence with the address shown in Schedule A is not located on the Land at the Policy Date. 29. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. Our Duty To Defend Against Legal Actions We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or <eluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense. We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under paragraph 4 of the Conditions. Exclusions In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. z. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. Building b. Zoning c. Land use d. Improvements on the Land e. Land division f. Environmental protection This Exclusions does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. ORNT Form 1108-CLTA Homeowner's Policy ofTitle Insurance (10/ZZ/03) 3. 4. 5. 6. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. Failure to pay value for Your Title. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. Page3 Conditions 1. Definitions: a. Easement-the right of someone else to use the Land for a special purpose b. Known-things about which You have actual knowledge. The words "Know" and "Knowing" have the same meaning as Known c. Land-the Land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which are real property. d. Mortgage-a mortgage, deed of trust, trust deed or other security instrument. e. Natural Person-a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even if the trustee is not ahuman being. f. Policy Date-the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown in Schedule A by an instrument recorded in the Public Records later than the date and time shown in Schedule A, the Policy Date is the date and time the instrument is recorded. g. Public Records-records that give constructive notice of matters affecting Your Title, according to the state statutes where the land is located h. Title-the ownership of Your interest in the land, as shown in Schedule A. i. Trust-a living trust established by a human being for estate planning. j. We/Our/Us-Old Republic National Title Insurance k. You/Your-the insured named in Schedule A and also those identified in paragraph 2.b of these Conditions. 2. Continuation of Coverage: a. This Policy insures You forever, even after You no longer have Your Title. You cannot assign this Poli::y to anyone else. b. This Policy also insures: (1) anyone who inherits Your Title because of Your death; (2) Your spouse who receives Your Title because of dissolution of Your marriage; (3) The trustee or successor trustee of a Trust to whom You transfer Your Title after the Policy Date; or (4) The beneficiaries of Your Trust upon Your death. c. We may assert against the insureds identified in paragraph 2.b. any rights and defenses that We have against any previous insured under this Policy. ORNT Form 1108-CLTA Homeowner's Policy of Title Insurance (10122103) 3. How To Make A Claim a. Prompt Notice Of Your Claim (1) As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing (2) Send Your notice to Old Republic National Title Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 Attention: Claims Department. Please include the Policy number shown in Schedule A, and the county and state where the Land is located. Please enclose a copy of Your policy, if available. (3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to resolve the claim or defend You. b. Proof Of Your Loss (1) We may require You to give Us a written statement signed by You describing Your loss which includes: (a) the basis of Your claim; (b) the Covered Risks which resulted in Your loss; (c) the dollar amount of Your loss; and (d) the method You used to compute the amount of Your loss. (2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to Your claim. We may make copies of these papers (3) We may require You to answer questions about Your claim under oath. (4) If You fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. 4. Our Choices When We Learn Of A Claim a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or more of the following: (1) Pay the claim (2) Negotiate a settlement. (3) Bring or defend a legal action related to the claim. (4) Pay You the amount required by this Policy. Page4 Order No: llicy No: 0631011561-LN A04016-FTEA-124533 SCHEDULE A Premium:$ 5,104.00 Policy Amount: $ 2,800,000.00 Date of Policy: January 23rd, 2009 at 8:00:00 AM Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 14,15,16 and 18 Covered Risk 14: Your Deductible Amount 1.00% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 Covered Risk 15: Covered Risk 16: Covered Risk 18: Street Address of the Land: 1.00% of Policy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $2,500.00 (whichever is less) 15921 Quail Hill Road, Los Gatos, CA 95032-4819 1. Name of insured: Brad Krouskup and Dana Krouskup 2. Your interest in the Land covered by this Policy is: $25,000.00 $25,000.00 $5,000.00 Fee as to Parcel(s) One and an Easement as to Parcel(s) Two and Three 3. The Land referred to herein is situated in the State of California, County of Santa Clara, City of Los Gatos, and is described as follows: PARCEL ONE: A portion of Lot 1, as shown on that certain Map entitled "Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos", filed November 23, 1887, in Book "C" of Maps, Page 39 and also being Parcel B, Map of Record of Survey, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 13, 1956 in Book 70 of Maps at Page 29, described as follows: Beginning at the most Southerly corner of the parcel of land conveyed to Perley B. Payne, et ux, by Deed recorded January 21, 1955 in Book 3064 of Official Records, Page 568; thence North 75° 01' West along the Southwesterly line of said Parcel 340.82 feet to the most Westerly corner thereof; thence North 17° 08' East along the Northwesterly line of said Parcel 102.51 feet to an iron pipe at the most Westerly corner of the parcel of land conveyed to Claude M. Walk, et ux, by Deed recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence along the Southerly line of said Walk parcel Page_Lof_Q_Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) Schedule A of land the following courses and distances, South no 52' East 80.00 feet North 61 o 42' East 21.60 feet; North 27° 10' East 35.53 feet; South 75° 01' East 97.03 feet to the Southeasterly corner of the said Walk parcel; thence South 44° 01' East 58.53 feet to an iron pipe; thence South 75° 01' East 70.00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 7° 02' West along said Easterly line to the point of beginning. PARCEL TWO: A non-exclusive easements for ingress and egress and the installation and maintenance of public utilities over a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, described as follows: (a) A strip of land 43 feet wide the Southeasterly line of which is described as follows: Beginning at a point on the Easterly line of the 0.617 of an acre parcel of land conveyed to F.C. Cushman by Deed recorded May 2, 1924 in Book 86 of Official Records, Page 63; distant thereon South 18° 18' 30" West 20.00 feet from the Westerly corner of the 1.4384 acre parcel of land described in the Deed to Gino A. Pasquali, et ux, recorded May 25, 1948 in Book 1621 of Offidal Records, Page 47; thence South no 55' East parallel with the Southwesterly line of said 1.4384 acre parcel of land 437.61 feet to a point in a line drawn South 17° OS' West from the Southeasterly corner of said 1.4384 acre parcel. (b) Beginning at the true point of beginning of the parcel of land described in the Deed to Claude M. Walk, et ux, recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence North 17° 05' East 30.00 feet; thence North 18° 33' 50" West 28.30 feet; thence South no 55' East 56.49 feet; thence South 17° OS' West 53.00 feet; and thence North 73° 55' West 40.00 feet to said true point of beginning. (c) The most Northwesterly 40 feet of the parcel of land conveyed to Claude M. Walk, et ux, recorded March 4, 1957, Book 3743 of Official Records, Page 60, being the most Northwesterly 40 feet of Parcel "C" as shown on Map of Record of Survey recorded June 13, 1956, Book 70 of Maps, Page 29. PARCEL THREE: An easement for the installation and maintenance of water pipe line within a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, being that portion of the following described 10 foot strip of land lying within the lands of the grantors in the Deed from Mogens Olesen, et ux, to Claude M. Walk, et al, recorded May 9, 1957 in Book 3794 of Official Records, Page 196. A strip of land 10 feet wide the centerline of which is described as follows: Commencing at the intersection of the center line of Short Road and Shannon Road; thence Northeasterly along the center line of Short Road, North 18° 16' East (said bearing taken for purposes of this description) a distance of 2n.so feet; thence South no 17' 30" East 20.00 feet to the actual point of beginning on the Westerly line of the lands of John P. Urzi, acquired by Deed recorded December 30, 1954 in Book 3050 of Official Records, Page 340; thence South 72° 17' 30" East 465.00 feet; thence South 74° 49' 30" East 170.00 feet to the end of the aforementioned center line. APN: 527-02-001 A525-15-022 Page__l_.of_Q _ _pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) Schedule A Page_Lof_Q_Pages ORNT Form 1106 CLTA Homeowner's Policy of1ltle Insurance (10/22/03) Schedule A Policy No A04016-FTEA-124533 SCHEDULE B Exceptions In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Taxes and assessments, general and special, for the fiscal year 2009 -2010, a lien, but not yet due or payable. 2. Taxes and assessments, general and special, for the fiscal year 2008 -2009, as follows: Assessor's Parcel No Code No. 1st Installment 2nd Installment Land Value Imp. Value 527-02-001 03-000 $21,536.09 $21,536.09 $1,734,000.00 $1,989,000.00 Marked Paid Marked Paid 3. 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. PAID CURRENT TO THE DAlE OF THIS POLICY 4. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Reserved By For Recorded Affects Grant Deed Joint Tenancy Perley B. Payne and Diana H. Payne, his wife Ingress and egress and for installation and maintenance of public utilities May 5, 1958 in Book 4067 of Official Records, Page 280 under Recorder's Serial Number 1466353 The Southwesterly and Southeasterly lines of which are more particularly described as follows: Page_'Lof_Q_Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) Schedule B Policy No A04016-FTEA-124533 (a) Beginning at a point on the Southwesterly line of that certain parcel of land described in the Deed from Bob Harris, et ux, to Perley B. Payne, et ux, by Deed dated January 21, 1955 and recorded January 21, 1955 in Book 3064 of Official Records, Page 568, Santa Clara County Records, distant thereon S. 75° 01' E. 40.00 feet from the most Westerly corner of said parcel of land; thence running along the Southwesterly line of said Payne parcel of land S. 75° 01' E. 130.00 feet; thence running in a direct line Northeasterly to the Northwesterly terminus of that line in the parcel of land firstly described in that deed from Perley B. Payne, et ux to Harvey D. Ross, et ux, recorded May 5, 1953, Book 4067, Official Records, page 280 having a course and distance of S. 75° 01' E. 70.00 feet. (b) Also a strip of land 40 feet wide, the Northwesterly line of which is described as follows: Beginning at the most Westerly corner of the lands firstly described in said deed recorded in Book 4067, Official Records, page 280, thence along the Northwesterly line of said lands N. 17° 08' E. 102.51 feet to the Northeasterly line of said lands. 5. Covenants, Conditions and Restrictions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as provided in an instrument. 6. Recorded May 5, 1958 in Book 4067 of Official Records, Page 280 NOTE: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Agreement for Executed By and Between The Use and Maintenance of Quail Hill Road, Los Gatos, California Alain J.P. Labat, Carla Leslie Labat, Fred Doelker, Jr., Mary C. Urzi, Donald C. Wimberly, Cheryl G. Wimberly, Bruno DaValle, Dorothy DaVale, Ben Simon, Victoria Simon, Frank E. Penny, Judith Penny, Diana Payne Perley Payne On the terms, covenants and conditions contained therein, Recorded November 3, 1993 in Book N112 of Official Records, Page 2016 under Recorder's Serial Number 12192126 Page..2_of_§ _ _pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) Schedule B Policy No A04016-FfEA-124533 7. NOTE: No representation is made herein as to the relative priorities between any deeds of trust and/or any claims of lien shown herein. J. The effect of instruments, proceedings, liens, decrees or other matters which do not specifically describe said land but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence of such matters has not been completed and, in order to do so, we require a signed Statement of Identity from or on behalf of Eric B. Curtis. 9. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded Loan No. Returned to $625,500.00 Brad W. Krouskup and Dana B. Krouskup, Trustees of the Krouskup 2001 Living Trust Dated 11/15/2001 PRLAP, Inc. Bank of America, N.A. January 21, 2009 January 23, 2009 in Official Records under Recorder's Serial Number 20108581 6727846732 FL9-700-01-01, Jacksonville Post Closing, 9000 Southside Boulevard, Building 700, File Receipt Department, Jacksonville, FL 32256 Page~of _ _Q_pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) Schedule B Conditions (Paragraph 4 Continued) (5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay. (6) End the coverage described in Covered Risk 14, 15, 16 or 18 by paying You the amount of Your insurance then in force for the particular Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay. (7) End all coverage of this Policy by paying You the Policy Amount then in force, and all those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay. (8) Take other appropriate action. b. When We choose the options in paragraphs 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or continue to defend, any legal action. c. Even if We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so, We do not give up any rights. J. Handling A Claim Or Legal Action a. You must cooperate with Us in handling any claim or legal action and give Us all relevant information. b. If You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. c. We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance. d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest level. We do not have to pay Your claim until the legal action is finally decided. e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under this Policy. By doing so, We do not give up any rights. 6. Limitation Of Our Liability a. After subtracting Your Deductible Amount if it applies, We will pay no more than the least of: (1) Your actual loss; (2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk, for claims covered only under Covered Risk 14, 15, 16 or 18; or (3) the Policy Amount then in force; and any costs, attorneys' fees and expenses which We are obligated to pay under this Policy. b. (1) If We remove the cause of the claim with reasonable diligence after receiving notice of it, all Our obligations for the claim end, including any obligation for loss You had while We were removing the cause of the claim. (2) Regardless of 6.b. (1) above, if You cannot use the Land because of a claim covered by this Policy: (a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay, until the earlier of: (1) the cause of the claim is removed; or (2) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 14, 15, 16 or 18, that payment is the amount of Your insurance then in force for the particular Covered Risk. (b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including transportation of that personal property for up to twenty-five (25) miles from the Land, and repair of any damage to that personal property because of the relocation. The amount We will pay You under this paragraph is limited to the value of the personal property before You relocate it. c. All payments We make under this Policy reduce the Policy Amount, except for costs, attorneys' fees and expenses. All payments we make for claims which are covered only under Covered Risk 14, 15, 16 or 18 also reduce Our Maximum Dollar Limit of Liability for the particular Covered Risk, except for costs, attorneys' fees and expenses. d. If We issue, or have issued, a Policy to the owner of a Mortgage on Your Title and We have not given You any (Continued on Back cover} PageS (Paragraph 6 Continued) coverage against the Mortgage, then: (1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage to reduce the amount of the Mortgage, and any amount paid shall be treated as a payment to You under this Policy, including under paragraph 4.a. of these Conditions; (2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount of this Policy; and (3) If Your claim is covered only under Covered Risk 14, 15, 16 or 18, any amount paid to the owner of the Mortgage shall also be subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk. e. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by which You reduced the value of that right. 7. Transfer Of Your Rights To Us a. When We settle Your claim, We have all the rights You have against any person or property related to the claim. You must transfer these rights to Us when We ask, and You must not do anything to affect these rights. You must let Us use Your name in enforcing these rights. b. We will not be liable to You if We do not pursue these rights or if We do not recover any amount that might be recoverable c. We will pay any money We collect from enforcing these rights in the following order: (1) to Us for the costs, attorney's fees and expenses We paid to enforce these rights; (2) to You for Your loss that You have not already collected; (3) to Us for any money We paid out under this Policy on account of Your claim; and (4) to You whatever is left. d. if You have rights under contracts (such as indemnities, Issued through the Office of: Old Republic Title Company 1900 The Alameda San Jose, CA 95126 Authorized Signatory Conditions guaranties, bonds or other policies of insurance) to recover all or part of Your loss, then We have all of those rights even if those contracts provide that those obligated have all of Your rights under this Policy. 8. Entire Contract This Policy, with any endorsements, is the entire contract between You and Us. To determine the meaning of any part of this Policy, You must read the entire Policy. Any changes to this Policy must be agreed to in writing by Us. Any claim You make against Us must be made under this Policy and is subject to its terms. 9. Increased Policy Amount The Policy Amount will increase by ten percent (10%) of the Policy Amount shown in Schedule A each year for the first five years following the Policy Date shown in Schedule A, up to one hundred fifty percent (150%) of the Policy Amount shown in Schedule A. The increase each year will happen on the anniversary of the Policy Date shown in Schedule A. 10. Severability If any part of this Policy Ps held to be legally unenforceable, both You and We can still enforce the rest of this Policy. 11. Arbitration a. If permitted in the state where the Land is located You or We may demand arbitration. b. The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and Us. c. The arbitration award may be entered as a judgment in the proper court. d. The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association. You may choose current Rules or Rules in existence on Policy Date. e. The law used in the arbitration is the law of the place where the Land is located. f. You can get a copy of the Rules from Us. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By President Attest Secretary ------~~ •llP ·~ ·- pC \.... c. -- \ • I EXHIBIT 17 '2.\'~·'?J>.l----------t \~~. I<EY TO I No.: Q b 3 / 0 l ( $' 6 ( 1 Date: i(;--( j ;_~0 8 NOTICE: This Is neither a plat nor a survoy. It Is furn!shetl mNeJ~r cr:. a convenience tO aid y:u In tc·crJing t!1s· kmtJ 1.'1r.I:co.ted t10r::on with rcroror.co to stre,;;:.s uml ot!1:r L:;nd. f'~O !;k~Li!Uty is assumed by mason of G;ilY !O!lcnco h~rcon. • . 1 . "NOTE: Easements depicted hereon are provided as a courtesy only and no representation is made as to the accuracy or completeness thereof. The Company assumes no liabili'iy for any loss occuring by reason of reliance thereon. It is recommendod that a survey be obtained from a licensed professional to determine actual locations." - EXHIBIT 18 ~· .... ·~··· OLD REPUBLIC TITLE COMPANY PRELIMINARY REPORT 2105 S. Bascom Avenue, Ste. 120 Campbell, CA 95008 (408) 371-9950 Fax: (408) 331-3209 Issued for the sole use of: SECOND AMENDED REPORT Buyer: INTERO REAL ESTATE 518 NORTH SANTA CRUZ AVENUE LOS GATOS, CA 95030 Attention: BOBBY DELGADO Brad Krouskup Property Address: Our Order Number 0631011561-LN Customer Reference 15921 QUAIL HILL When Replying Please Contact: Lisa Nunes ( 408) 371-9950 15921 Quail Hill Road, Los Gatos, CA 95032 In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY 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 and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of e~her the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the Homeowner's Policy of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 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 be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of January 8, 2009, at 7:30AM OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to, See Attached Page 1 of 10 Pages ORT 11 '>R-A fRP.v. nR/07/0fn OLD REPUBIJC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT The form of policy of title insurance contemplated by this report is: Homeowner's Policy of Title Insurance-2003; and ALTA Loan Policy-2006. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred or covered by this Report is: Fee as to Parcel(s) One and an Easement as to Parcel(s) Two and Three Title to said estate or interest at the date hereof is vested in: Joni I. Curtis, as Trustee of the JC 2007 Residence Trust, dated January 31, 2007 and Eric B. Curtis, as Trustee of the EC 2007 Residence Trust, dated January 31, 2007 The land referred to in this Report is situated in the County of Santa Clara, City of Los Gatos, State of california, and is described as follows: PARCEL ONE: A portion of Lot 1, as shown on that certain Map entitled "Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos", filed November 23, 1887, in Book "C" of Maps, Page 39 and also being Parcel B, Map of Record of Survey, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of california, on June 13, 1956 in Book 70 of Maps at Page 29, described as follows: Beginning at the most Southerly corner of the parcel of land conveyed to Perley B. Payne, et ux, by Deed recorded January 21, 1955 in Book 3064 of Official Records, Page 568; thence North 75° 01' West along the Southwesterly line of said Parcel 340.82 feet to the most Westerly corner thereof; thence North 17° 08' East along the Northwesterly line of said Parcel 102.51 feet to an iron pipe at the most Westerly corner of the parcel of land conveyed to Claude M. Walk, et ux, by Deed recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence along the Southerly line of said Walk parcel of land the following courses and distances, South no 52' East 80.00 feet North 61 o 42' East 21.60 feet; North 27° 10' East 35.53 feet; South 75° 01' East 97.03 feet to the Southeasterly corner of the said Walk parcel; thence South 44° 01' East 58.53 feet to an iron pipe; thence South 75° 01' East 70.00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 7° 02' West along said Easterly line to the point of beginning. PARCEL TWO: A non-exclusive easements for ingress and egress and the installation and maintenance of public utilities over a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, described as follows: (a) A strip of land 43 feet wide the Southeasterly line of which is described as follows: Beginning at a point on the Easterly line of the 0.617 of an acre parcel of land conveyed to F.C. Cushman by Deed recorded May 2, 1924 in Book 86 of Official Records, Page 63; distant thereon South 18° 18' 30" West 20.00 feet from the Westerly corner of the 1.4384 acre parcel of land described in the Deed to Gino A. Pasquali, et ux, recorded May 25, 1948 in Book 1621 of Official Records, Page 47; thence South no 55' East parallel with the Southwesterly line of said 1.4384 acre parcel of land 437.61 feet to a point in a line drawn South 17° 05' West from the Southeasterly corner of said 1.4384 acre parcel. Page 2 of 10 Pages ORT 11"iR-R OLD REPUBIJC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT (b) Beginning at the true point of beginning of the parcel of land described in the Deed to Claude M. Walk, et ux, recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence North 17° 05' East 30.00 feet; thence North 18° 33' 50" West 28.30 feet; thence South no 55' East 56.49 feet; thence South 17° 05' West 53.00 feet; and thence North 73° 55' West 40.00 feet to said true point of beginning. (c) The most Northwesterly 40 feet of the parcel of land conveyed to Claude M. Walk, et ux, recorded March 4, 1957, Book 3743 of Official Records, Page 60, being the most Northwesterly 40 feet of Parcel "C" as shown on Map of Record of Survey recorded June 13, 1956, Book 70 of Maps, Page 29. PARCEL THREE: An easement for the installation and maintenance of water pipe line within a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, being that portion of the following described 10 foot strip of land lying within the lands of the grantors in the Deed from Mogens Olesen, et ux, to Claude M. Walk, et al, recorded May 9, 1957 in Book 3794 of Official Records, Page 196. A strip of land 10 feet wide the centerline of which is described as follows: Commencing at the intersection of the center line of Short Road and Shannon Road; thence Northeasterly along the center line of Short Road, North 18° 16' East (said bearing taken for purposes of this description) a distance of 2n.50 feet; thence South no 17' 30" East 20.00 feet to the actual point of beginning on the Westerly line of the lands of John P. Urzi, acquired by Deed recorded December 30, 1954 in Book 3050 of Official Records, Page 340; thence South no 17' 30" East 465.00 feet; thence South 74° 49' 30" East 170.00 feet to the end of the aforementioned center line. APN: 527-02-001 A525-15-022 At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes and assessments, general and special, for the fiscal year 2009-2010, a lien, but not yet due or payable. 2. Taxes and assessments, general and special, for the fiscal year 2008 -2009, as follows: ORT 11'1R-R Assessor's Parcel No Code No. 1st Installment 2nd Insta II ment Land Value Imp. Value 527-02-001 03-000 $21,536.09 $21,536.09 $1,734,000.00 $1,989,000.00 Page 3 of 10 Pages Marked Paid NOT Marked Paid OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT 3. Said property having been declared tax defaulted for non-payment of delinquent taxes for the fiscal year 2007 -2008, and subsequent delinquencies Amount to redeem by January 31, 2009, for the above stated year (and subsequent years, if any) is $10,752.52. and by February 28, 2009 and by March 31, 2009 Assessor's Parcel No. 527-02-001-51 is $10,885.50 is $11,018.47 4. Said property having been declared tax defaulted for non-payment of delinquent taxes for the fiscal year 2007 -2008, and subsequent delinquencies Amount to redeem by January 31, 2009, for the above stated year (and subsequent years, if any) is $5,522.33. and by February 28, 2009 and by March 31, 2009 Assessor's Parcel No. 527-02-001-61 is $5,590.57 is $5,658.82 5. 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. AFFECTS THE CONTEMPLATED FORM ALTA LOAN POLICY ONLY. 6. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following ORT 11 "iR-R Instrument Reserved By For Recorded Affects Grant Deed Joint Tenancy Perley B. Payne and Diana H. Payne, his wife Ingress and egress and for installation and maintenance of public utilities May 5, 1958 in Book 4067 of Official Records, Page 280 under Recorder's Serial Number 1466353 The Southwesterly and Southeasterly lines of which are more particularly described as follows: Page 4 of 10 Pages OLD REPUBIJC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT (a) Beginning at a point on the Southwesterly line of that certain parcel of land described in the Deed from Bob Harris, et ux, to Perley B. Payne, et ux, by Deed dated January 21, 1955 and recorded January 21, 1955 in Book 3064 of Official Records, Page 568, Santa Clara County Records, distant thereon S. 75° 01' E. 40.00 feet from the most Westerly corner of said parcel of land; thence running along the Southwesterly line of said Payne parcel of land S. 75° 01' E. 130.00 feet; thence running in a direct line Northeasterly to the Northwesterly terminus of that line in the parcel of land firstly described in that deed from Perley B. Payne, et ux to Harvey D. Ross, et ux, recorded May 5, 1953, Book 4067, Official Records, page 280 having a course and distance of S. 75° 01' E. 70.00 feet. (b) Also a strip of land 40 feet wide, the Northwesterly line of which is described as follows: Beginning at the most Westerly corner of the lands firstly described in said deed recorded in Book 4067, Official Records, page 280, thence along the Northwesterly line of said lands N. 17° 08' E. 102.51 feet to the Northeasterly line of said lands. 7. Covenants, Conditions and Restrictions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as provided in an instrument. ORT ~1'\R-R Recorded May 5, 1958 in Book 4067 of Official Records, Page 280 NOTE: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Page 5 of 10 Pages 8. Agreement for Executed By and Between OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT The Use and Maintenance of Quail Hill Road, Los Gatos, california Alain J.P. Labat, carla Leslie Labat, Fred Doelker, Jr., Mary C. Urzi, Donald C. Wimberly, Cheryl G. Wimberly, Bruno DaValle, Dorothy DaVale, Ben Simon, Victoria Simon, Frank E. Penny, Judith Penny, Diana Payne Perley Payne On the terms, covenants and conditions contained therein, Recorded November 3, 1993 in Book N112 of Official Records, Page 2016 under Recorder's Serial Number 12192126 9. Abstract of Judgment for the amount herein stated and any other amounts due. Creditor Debtor Entered Court case No. Amount Dated Recorded Western Traction Company Eric Curtis, individually and dba Curtis Backhoe Service April6, 2001 Superior Court of California, Alameda County 00-0100431 $9,752.80 March 28, 2001 October 26, 2001 in Official Records under Recorder's Serial Number 15930194 10. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, ORT '1.1 "if:l-R Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded Loan No. "MIN" Returned to $2,550,000.00 Eric B. Curtis and Joni I. Curtis, husband and wife as joint tenants Stewart Title of california Mortgage Electronic Registration Systems, Inc., solely as nominee for Silver State Financial Services, Inc. dba Silver State Mortgage November 27, 2006 November 27, 2006 in Official Records under Recorder's Serial Number 19200548 7700189113 1001631770086 2485 Village View Drive 3rd Floor, Henderson, N 89074 NOTE: This loan appears to be registered with Mortgage Electronics Registration Systems, Inc. ("MERS"). Accordingly, the name, address and telephone number of the loan servicer should be obtained by calling the toll-free number, 1-888-679- MERS, and referring to the Mortgage Identification Number ("MIN") shown above Page 6 of 10 Pages OLD REPUBIJC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT 11. Terms and conditions contained in the JC 2007 Residence Trust, dated January 31, 2007 as disclosed by Grant, Bargain, Sale Deed Recorded July 31, 2007 in Official Records under Recorder's Serial Number 19531877 NOTE: The requirement that: A Certification of Trust be furnished in accordance with Probate Code Section 18100.5 The Company reserves the right to make additional exceptions and/or requirements. 12. Terms and conditions contained in the EC 2007 Residence Trust, dated January 31, 2007 as disclosed by Grant, Bargain, Sale Deed Recorded July 31, 2007 in Official Records under Recorder's Serial Number 19S31878 NOTE: The requirement that: A Certification of Trust be furnished in accordance with Probate Code Section 18100.5 The Company reserves the right to make additional exceptions and/or requirements. 13. Claim of Lien for labor materials and/or services furnished as follows: flRT 11 <;R-R By Amount For At request of or contract with Dated Recorded Returned to Address Dunbar & Craig Land Surveys, Inc. $3,400.00 Boundary survey Eric B. Curtiss October 31, 2008 November 5, 2008 in Official Records under Recorder's Serial Number 20038271 1011 Cedar Street, Santa Cruz, CA 95060 Page 7 of 10 Pages OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT 14. Abstract of Judgment for the amount herein stated and any other amounts due. Creditor Debtor Entered Court case No. Amount Dated Recorded Creditor Address & Phone River City Petroleum, Inc. Joni Curtis November 12, 2008 Yolo Superior CV08-2155 $47,995.85 December 2, 2008 December 12, 2008 in Official Records under Recorder's Serial Number 20067036 840 Delta Lane, West Sacramento, CA 95691, 916-371-4960 15. NOTE: No representation is made herein as to the relative priorities between any deeds of trust and/or any claims of lien shown herein. 16. The effect of instruments, proceedings, liens, decrees or other matters which do not specifically describe said land but which, if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the existence of such matters has not been completed and, in order to do so, we require a signed Statement of Identity from or on behalf of Eric B. Curtis. --------------------Informational Notes ------------------- A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) 1.1 and 2.1. Page 8 of 10 Pages ORT 11'lR-R OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT B. The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy: ORT "!1"iR-R NONE NOTE: Our investigation has been completed and there is located on said land a single family residence known as 15921 Quail Hill Road, Los Gatos, CA 95032. The ALTA loan policy, when issued, will contain the CLTA 100 Endorsement and 116 series Endorsement. Unless shown elsewhere in the body of this report, there appear of record no transfers or agreements to transfer the land described herein within the last three years prior to the date hereof, except as follows: Grant Deed executed by David A. Borgese and Amy K. Borgese to Eric B. Curtis and Joni L. Curtis, husband and wife as joint tenants recorded November 27, 2006 in Official Records under Recorder's Serial Number 19200547. Grant, Bargain, Sale Deed executed by Eric B. Curtis and Joni I. Curtis, husband and wife as joint tenants to an undivided one-half (1/2) interst to Eric B. Curtis, as his sole and separate property and an undivided one-half (1/2) interst to Joni I. Curtis, as her sole and separate property recorded April 23, 2007 in Official Records under Recorder's Serial Number 19396513. Grant, Bargain, Sale Deed executed by Joni I. Curtis, as her sole and separate property to Joni I. Curtis, as Trustee of the JC 2007 Residence Trust, dated January 31, 2007 recorded July 31, 2007 in Official Records under Recorder's Serial Number 19531877. Grant, Bargain, Sale Deed executed by Eric B. Curtis, as his sole and separate property to Eric B. Curtis, as Trustee of the EC 2007 Residence Trust, dated January 31, 2007 recorded July 31, 2007 in Official Records under Recorder's Serial Number 19531878. Page 9 of 10 Pages OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561-LN SECOND AMENDED REPORT C. In addition to existing requirements pertaining to sellers who are non-residents of california, as a result of recent changes to Section 18662 of the Revenue and Taxation Code, in transactions closing after January 1, 2003 the buyer may then be responsible to withhold 3 1/3% of the sales price (as defined therein) from any seller, if this property is not the seller's principal residence. The statute, as modified, also provides for certain exemptions to the buyer's responsibility to withhold, which may apply. SF/ss Page 10 of 10 Pages ORT 11"iR-R Exhibit A HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: L Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 161 18, Your Deductible Amount on Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $2,500.00 (whichever is less) 1.00% of Policy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $5 1 000.00 (whichever is less) 1.00% of Policy Amount or $2,500.00 (whichever is less) Page 1 of 2 Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Exhibit A AMERICAN LAND TITLE ASSOCIATION LOAN POUCY OF TITLE INSURANCE -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay Joss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Data of Policy and the data of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART 1, SECTION ONE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land sUJvey of the Land and 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 matters excepted under (a), (b), or (c) are shown by the Public Records. Page 2 of 2 Old Republic Title Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Biiley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Old Republic Title Company We may collect non public personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates or] others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional non public personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMffiED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ORT 287-C 5/07/01 @ . 1-oc 0 :c ~ "' " ,.·.·· ·-· . OFFICE OF COUNTY ASSESSOR·· g . , .... _ . • • ·SANTA ·CLARA ·-COUMTY, • CALIFORNIA a o o u: 527 I 1"=100' ---···-- EXHIBIT 19 Brad Krouskup From: ient: To: Tom Judd [T Judd@ortc.com] Saturday, August 01, 2015 7:03 PM Brad Krouskup Subject: Quail Hill Easement Brad, Following our discussion the other day, I've re-read the deed, document number 1466353, 5/5/1953, Payne to Ross. If you recall this described your property and also reserved some easements we were discussing. I have not changed my reading of the reserved easements. I'm still not seeing a width to part (a) of the reservation, running Southeast and then angling Northeast. Part (b) of the reservation appears along the Westerly 40 feet of the property. As before, I'm unable to offer any assurance or informed professional interpretation or opinion and that you should consult a licensed land surveyor or civil engineer. And I'll also repeat -if your neighbor is claiming rights adverse to your insured interests we wish to respond to this as a claim. So please keep me informed of your wishes and how this situation unfolds. Tom Judd Vice President, Title & Subdivision Manager 1 Santa Clara County T: 408.296.4500 I F: 408.249.23141 Shortel: 42020 tjudd@ortc.com Old Republic T'itle 224 Airport Parkway, Ste 150 1 San Jose, CA 9511 0 rtc.com Important Notice: The information contained in this email is private and confidential. It is intended only for the recipient(s) named above. If you are not named above or are not an agency of the recipient(s), then you have received this email in error, and to review, distribute or copy this transmission or its attachment(s) is strictly prohibited by federal law. If you have received this email in error, please notify the sender by email immediately. If you are the proper recipient and this email contains "protected health information," you must abide by the rules of the HIPAA and other privacy laws that apply. Thank you for your attention to this notice. 1 EXHIBIT20 ·Brad Krouskup From: Sent: Fletcher Parsons [fparsons@losgatosca.gov] Monday, August 17, 2015 10:46 AM To: Subject: Attachments: Brad Krouskup FW: 15925 Quail Hill Road 12254532.TIF Brad -See thread below for an update on the applicant's title search. Fletch Parsons Associate Engineer Town of Los Gatos 408.761.4536 From: Marni Moseley .Sent: Monday, August 17, 2015 10:08 AM To: Mike Weisz; Fletcher Parsons Subject: FW: 15925 Quail Hill Road FYI From: Sabrina Dong [mailto:sabrina.dong@gmail.com] Sent: Monday, August 17, 2015 10:07 AM To: Marni Moseley; Sabrina Dong Subject: Fwd: 15925 Quail Hill Road '1i, Marni: see email from First American response, they attached the underlaying doc that had the 20 ft width for our easement, its on page 5 of the doc, which was a grant deed from a loan, and got carry forward for some reason. And they informed me to file claim with their claim department, which will handle matters from this point on, but this is to show why they had the 20 ft on their title repmi. I will bring a copy of this doc tomorrow. Sabrina ----------F mwarded message ---------- From: Carlson, Greg <gcarlson@firstam.com> Date: Mon, Aug 17,2015 at 9:56AM Subject: RE: 15925 Quail Hill Road To: Sabrina Dong <sabrina.dong@gmail.com> Sabrina, Per our discussion we did not find a grant deed that created the easement that reflected the width of the easement. The 20 foot width appears to have first shown up in the attached Deed of Trust and was carried forward. Greg Carlson Senior Underwriter Manager Title Advisory Services Northern California 1 First AmcricaiJ Northern California Underwriting Department 4750 Willow Road, Suite 100 Pleasanton, CA 94588 T 925.225.2636 F 925.225.2678 email gcarlson®firstam.com From: Sabrina Dong [mailto:sabrina.dong@gmail.com] Sent: Monday, August 17, 2015 9:44AM To: Carlson, Greg Cc: Sabrina Dong Subject: Re: 15925 Quail Hill Road hi, greg. thanks for.taking my call just now, oer out conversation, I will wait for your email, that will contain the original source of that 20ft width stated on my title report, and maybe a short summary of the issue. So i can show to the town oflos gatos, we were actively wotking on the. issue. thanks so much for your help. sabrina and kevin hwang On Aug 11,2015 4:48PM, "Sabrina Dong" <sabrina.dong@gmail.com> wrote: thanks, Greg On Aug 11, 2015 4:39PM, "Carlson, Greg" <gcarlson@firstam.com> wrote: Hi Sabrina, Per our conversation I've attached a copy of our claims submission form. Please complete it to the best of your knowledge and email the form to claims.nic@firstarn.com. Let me know if you have any questions. Greg Carlson Senior Underwriter Manager Title Advisory Services Northern California First AmericaiJ Northern California Underwriting Department 4750 Willow Road, Suite 100 Pleasanton, CA 94588 T 925.225.2636 "925.225.2678 email gcarlson®firstam.com 2 - J ' ' ' ' -----.. \ (E) GARAGE ..... -;_ .. ·--) ' I !-, I , I I I I I J I ,-~~~-DENOTES 25'-0" MAX. HEIGHT UMIT HABITABLE FLOOR AREA ...l ., --' . ----.,;.__ I , - I SECTION 'A' DENOTES PROPOSED ~-~RESIDENCE I \ \ \ \ I \Q\ \ I DRYSDALE ) SITE PLAN LEGEND PROPERTY Ut1E SETBACK LINE (E) GRADE MitiOR COmotJR LINE {E) GRADE IWOR COtlTOOR LINE PROPOSED GRADE CO/ffOURLINE ~ EXISTING FEliCE EXISTING HOUSE AIIO HAADSCAPE TO BC REMOVED PROPOSID RESIDrnCE j"..:~:;;~::.:P•"""'""'i21 PROPOSED DRNEWAY <'.i;:.~;~:;·,_;_-, ,:, j:·<,j PROPOSED HARDSCAPE EXISTING TREES 0 ) \ \ ' ' _,_ I I \ \ ' ' \ \ \ AREA TABULATIONS SCHEME#l APN# 527·02-007 0.!16ACRES SLOPE AT BUILDING SITE· 28.7% l.SITEAREA GROSS: 0.96 ACRES SQ. Ff, 2. FlOOR AREA UPPER FLOOR ARSTFLOOR GARAGE TOTAL FLOOR AREA PROPOS!:O 1,650 SF 2,8ZO SF msF 51205 SF \ I \ \ \ \ EXHIBIT21 >- Q cc ::1: Ill VICINITY MAP z ' ! 1/8" = 1'-0" ~~l ________________________________________________________________________________________________________________________ l_ __________________________ j_ __________________________ J_ ________________________________________ ~ ~~ METRO DESIGN G R 0 UP AACIIITECTURE•PLANNING•IIHERlORS 147S S. EiA5COM AVE 5IJITE 200 CNfllfU,. a. 9sooa (.;o11)871-107lpl>:>r>o (.;oii)87HOnfox WMY.melmarclited!;,rom Thop'.>ns,ldoooot'ldd<slgn.,.,lhl< ~ ..... ltlopropertvoftho d<sigr.u,dvl=l~forttl• ronlr.>d:. Pla"'W1notbeusod, 1\ W>okt or In port, for IWl)' purpose fl>o-v.tkhthey"""'ootlrter.sed ~thev.ritenperrri$slooof I'ElRO DESIGII GROUP. 0 PROJECT NAME RESIDENCE 15925 QUAIL HILL ROAD LOS GATOS, CA 95032 APN#527·02·007 REVISIONS PROPOSED SITE PLAN SCHEME #1 SITE lEGEND AREA TABULATIONS VJCINnYMAP DATE : 08-17-15 SCALE : 1" = 16'-0" DRAWN BY: 1S / ER CHECKED BY : 1S ARCHITECT : TOM SLOAN PROJECT NO : 15606 SHEET NUMBER A-1 DENOTES (E} GARAGE DENOTES (E) ReSIDENCE ______ _y DENOTES (E) FOOt------------___} ~--DENOTES LIMIT OF LRDA ~--DENOTES PROPOSED RESIDENCE ··~ ,/ I I I ··J---k •le I ,' ( / ~, ~.Q I -{ / I i . -....._ I ~-+ I I I • • !\ .I "1-4--- I : I 1 I -~ I I \ -~--:_ I I ) \ I I \ \ DRYSDALE ) SITE PLAN LEGEND PROPERTY UNE SEll!ACK UNE (E) GRADE MitiOR comouR UIIE {E) GRADE IWOR CONTOUR LillE PROPOSED GRADE CONTOUR LINE -c:::J- EXISTING FENCE EXISTING HOOSE MD HARDSCAPE lOBE REMOVED PROPOSED RE&!DEIK:E PROPOS!:O DRlVEWi\Y PROPOSI:O HAROSCAPE EXISTING TREES ·~''""'i"'"'""·~F-0.! I ,\::-:, :,>_\.-;-, i_~ ;_ ~:, , ... :--'=" I 0 \ \ \ -\--\ I I 1 I I I \ \ I \ \ \Q\ \ I I I I I \ I \ \ '\ \ "' .:---+--1 • I I I I J I I AREA TABULATIONS SCHEME #2 APN# 527..02..007 0.96ACRES SLOPE ATBUllDING SITE-+{-5% l.SITEAREA GROSS: 0.96 ACRES SQ. FT. 2. FLOOR AREA HAUl FlOOR @RAGE TOTAL R.OOR AREA PROPOSED 2,950SF 6J0Sf 3,620SF \ EXHIBIT22 z VICINITY MAP ~---PIIOJECT SITE METRO DESIGN GROUP MCHITEClUR_E·PLANIIIIIG·Im"ERlORS t~7S S. MSCOM AVE 5lfiTE lOS C»'l''lEU.,CA9SOOS ('IQB)SJH071~ {'108)S7HOnf"' WMY.~.«>m ll>ofliii'IS,Idesatd~O<IW. <bv.!nga~tl>ej)<CpOrtyofthe de<~,dMO<d.!<I<!VfO<W. «>rir.><t. """".ml.ootbou=l, hv.l-.oleorhp.o.t,for""(fl'J'PO<" fwv.tAAthey ...... notlntffided witf>oo.tlhe..-pemi»ionol METI'J)DESIG!IGROU'. G PROJECf NAME RESIDENCE 1S92S QUAIL HILL ROAD LOS GATOS, CA 9S032 APN#S27-02-007 REVISIONS PROPOSED SITE PLAN SCHEME#2 SITE lEGEND AREA TABUlATIONS VICIN~MAl' DATE : 08-17-15 SCALE : 1" = 16'-0" DRAWN BY: lS / ER CHECKED BY : lS ARCHITECT : TOM SLOAN PROJEG NO : 15606 SHEET NUMBER A-1