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.
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EXHIBIT2
N I I 2 p~ GE 2 0 I 6 '""1•
AGREEMENT
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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
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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.
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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:;;.
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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 .. +
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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 = )
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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
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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~~~
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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 --------
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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__.
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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, ______________ ~·
···············································~·····~················~········
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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·.
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DATE OF DOCUMENT
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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:
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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'
... ~ ............................... ~ ........ "' ..... ,. .......................................................... ·~ ..................... .
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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
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111!11
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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
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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
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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
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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
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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.
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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
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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.
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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.
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'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.
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:, .
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
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\ "'~ • .,;n«<l ~"':" -:"-are J . they. ·-··= ·~ -·-
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. --::-· . ·--. ,_ .. . , ..
l _ __.__
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. --.·
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'-.
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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
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PROJECT NAME
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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}
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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