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Attachment 2 - Request for Abandonment of Easement at 101 Blossom Hill Road 4826-1599-7670v1 ETAYLOR\22915003 TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berliner.com Branch Offices Merced, CA • Modesto, CA ____________ ____________ FOUNDERS SANFORD A. BERLINER (d. 2020) SAMUEL J. COHEN OF COUNSEL STEVEN L. HALLGRIMSON FRANK R. UBHAUS RALPH J. SWANSON NANCY L. BRANDT LESLIE KALIM McHUGH BRADLEY HEBERT April 26, 2021 VIA FEDEX Michael Weisz Senior Civil Engineer Parks and Public Works Engineering Division 41 Miles Avenue Los Gatos, CA 95030 MWeisz@losgatosca.gov Re: MobileFrame, LLC v. Harriet Kennedy, et. al Santa Clara County Case No. 16CV299942 Our File No.: 22915-003 Dear Mr. Weisz: Our law firm represents MobileFrame, LLC, Lonny Oswalt, and Patricia Oswalt. MobileFrame, LLC, filed the above-entitled action (the “Action”) to establish the abandonment of a sewer line easement created in 1947 (the “1947 Easement”) on our clients’ property located at 101 Blossom Hill Road, Los Gatos, CA 95032 (the “Property”). As we have discussed with you and Mr. Schultz, the 1947 Easement has not been used for at least 45 years, if ever, and the surrounding properties are served by a sewer line installed pursuant to a different easement in a different location. We are filing the Request to Abandon Easement with the Town of Los Gatos (the “Town”) because our clients cannot move forward with seeking a judgment in the Action until the Town’s interest and any interest that West Valley Sanitation District holds in the 1947 Easement are eliminated. The 1947 Easement serves no function for the Town or WVSD. The Town, and possibly WVSD, only acquired an interest in the 1947 Easement because the Town owns two strips of land that were once part of the property that originally benefitted from the 1947 Easement before that ANDREW L. FABER PEGGY L. SPRINGGAY SAMUEL L. FARB JAMES P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON JEROLD A. REITON JONATHAN D. WOLF KATHLEEN K. SIPLE KEVIN F. KELLEY MARK MAKIEWICZ JOLIE HOUSTON BRIAN L. SHETLER HARRY A. LOPEZ CHARLES W. VOLPE CHRISTINE H. LONG AARON M. VALENTI CHRISTIAN E. PICONE SUSAN E. BISHOP SANDRA G. SEPÚLVEDA MICHAEL B. IJAMS KIMBERLY G. FLORES DAWN C. SWEATT TYLER A. SHEWEY JAMES F. LANDRUM, JR. MICHAEL J. CHENG C. DAVID SPENCE JOSHUA BORGER THOMAS P. MURPHY ALESHIA M. WHITE EILEEN P. KENNEDY ALEXANDRIA N. NGUYEN GHAZALEH MODARRESI ANDREW J. DIGNAN ERIK RAMAKRISHNAN LEILA N. SOCKOLOV BEAU C. CORREIA TIMOTHY K. BOONE ANGELA SHAW DAVID A. BELLUMORI BENJAMIN M. JOHNSON MARY T. NGUYEN STEPHEN C. SCORDELIS ELLEN M. TAYLOR BRANDON L. REBBOAH LINDSAY I. WALCZAK IRIS C. CHIU MAKAYLA A. WHITNEY MARISA J. MARTINSON MARIA I. PALOMARES CHRISTIAN D. WICK ATTACHMENT 2 Michael Weisz April 26, 2021 -2-4826-1599-7670v1 ETAYLOR\22915003 property was subdivided into different parcels. As indicated by the Litigation Guarantee enclosed, the relevant strips of land that the Town owns are now part of the public street, North Santa Cruz Avenue. Thus, the Town’s acquisition of the 1947 Easement appears to have been entirely incidental, and it appears that the Town has never used it and has no foreseeable use for it. The 1947 Easement serves no function for the neighboring residential properties, which, according to the enclosed letter from the West Valley Sanitation District (the “WVSD Letter”) have been served by the current sewer line since 1974. A land title specialist has confirmed that the current sewer line is not in the same location as the Abandoned Easement. Enclosed is a color-coded diagram (the “Diagram”) created by the land title specialist depicting the location of the Easement in relation to other easements on the property, and well as his Declaration regarding the location of the 1947 Easement. The 1947 Easement is depicted in yellow on the Diagram, and the current sewer line, which is in a different location than the 1947 Easement and was installed pursuant to a different easement, is depicted in red on the Diagram. As the nearby properties are served by a different sewer line installed pursuant to a different easement, the 1947 Easement serves no purpose to the Town, WVSD, or the nearby property owners. In light of the fact that a land title specialist has already prepared the Diagram showing the location of the 1947 Easement in comparison to the location of the sewer line currently in use, we would request that the Town waive the requirement for a map prepared by a licensed civil engineer. Please do not hesitate to call me if you have any questions about this matter. Our timeline is urgent because there is a limited amount of time before we are required to seek judgment in the Action, due to statutory requirements. My direct line is (408) 489-2758. Sincerely, BERLINER COHEN, LLP ELLEN M. TAYLOR E-Mail: ellen.taylor@berliner.com EMT: Enclosures A B C D DIAGRAM SHOWING EASEMENT AREAS ORT Form 5315 Revised 06/05/14 ORDER NO. 2202065352 REFERENCE NO. Blossom Hill Road GUARANTEE NO. A04016-LITA-294315 LITIGATION GUARANTEE CLTA GUARANTEE FORM NO. 1 (06/05/14) SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Issued through the office of:Old Republic Title Company 524 Gibson Drive Roseville, CA 95678 Countersigned: By Validating Officer OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANYA Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 ORT Form 5315 Revised 06/05/14 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a)Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b)Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c)Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d)The identity of any party shown or referred to in any of the schedules of this Guarantee. (e)The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f)(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g)(1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. ORT Form 5315 Revised 06/05/14 GUARANTEE CONDITIONS 1.DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a)the "Assured”: the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b)“Land”: the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term “Land” does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c)“Mortgage”: mortgage, deed of trust, trust deed, or other security instrument. (d)“Public Records”: those records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e)“Date of Guarantee”: the Date of Guarantee set forth in Schedule A. (f)“Amount of Liability”: the Amount of Liability as stated in Schedule A. 2.NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3.NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4.COMPANY’S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a)The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4(b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b)If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c)Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d)In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company’s expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company’s obligations to the Assured under the Guarantee shall terminate. ORT Form 5315 Revised 06/05/14 5.PROOF OF LOSS OR DAMAGE (a)In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b)In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a)To pay or tender payment of the Amount of Liability together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b)To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (c)To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company’s obligation to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7.LIMITATION OF LIABILITY (a)This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b)If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c)In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d)The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. ORT Form 5315 Revised 06/05/14 8.REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys’ fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9.PAYMENT OF LOSS (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10.SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11.ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12.LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a)This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b)Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. ORT Form 5315 Revised 06/05/14 13.SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14.CHOICE OF LAW; FORUM (a)Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15.NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at the office which issued this Guarantee or at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499, (612) 371-1111. Page_1_of_10 Pages ORT Form 5315 Revised 06/05/14 LITIGATION GUARANTEE ORDER NO.2202065352 REFERENCE NO.Blossom Hill Road GUARANTEE NO.A04016-LITA-294315 LIABILITY $100,000.00 DATE OF GUARANTEE July 2nd, 2020 at 8:00:00 AM FEE $2,800.00 SCHEDULE A 1.Name of Assured: MobileFrame LLC, Lonny Oswalt and Patricia Oswalt 2.The estate or interest in the Land that is the subject of this Guarantee is: An Easement 3.The Land referred to in this Guarantee is described as follows: ** SEE EXHIBIT “A” ATTACHED ** 4.This Litigation Guarantee is furnished solely for the purpose of facilitating the filing of an action to Quiet Title to Extinquish the Easement recorded May 8, 1947 in Book 1499 of Official Records, Page 599. It shall not be used or relied upon for any other purpose. 5.ASSURANCES: According to the Public Records as of the Date of Guarantee, a.Title to the estate or interest is vested in: Praveen Ishawardas Chang and Varsha A. Manek, husband and wife as Community Property with Right of Survivorship, Thomas C. Spilsbury, Jr., an unmarried man, Michael David Haun and Allyson Drew Haun, husband and wife as community property with right of survivorship, Donald P. Arnaudo and Rose M. Arnaudo Trustees of the D & R Arnaudo Revocable Family Trust, dated October 05, 1998, Donald P. Arnaudo and Rose M. Arnaudo, Trustees or their successors of The D & R Arnaudo Revocable Family Trust dated October 5, 1998, as to an undivided 98% interest, and Stefan Arnaudo, a married man as his sole and separate property as to an undivided 2% interest, Nicolas M. Struthers and Julie Struthers, as Trustees of the Struthers Revocable Living Trust dated the 17th day of October, 2005, and the Town of Los Gatos, a municipal corporation of the State of California, as their interests may appear of record b.Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or other matters affecting title to the estate or interest in the land shown in Schedule A, which matters are not necessarily Page_2_of_10 Pages ORT Form 5315 Revised 06/05/14 shown in the order of their priority. c.The current interest holders claiming some right, title or interest by reason of the matters shown in Part II of Schedule B are as shown therein. The vestee named herein and parties claiming to have some right, title or interest by reason of the matters shown in Part II of Schedule B may be necessary parties defendant in an action, the nature of which is referred to above in paragraph 4. d.The current interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B may also be necessary parties defendant in an action, the nature of which is referred to above in paragraph 4. However, no return address for mailing after recording is shown in Schedule C as to those current interest holders. e.The return address for mailing after recording, if any, as shown on each document referred to in Part II of Schedule B by specific recording information, and as shown on the document(s) vesting title as shown above in paragraph 5(a), are as shown in Schedule C. Page_3_of_10 Pages ORT Form 5315 Revised 06/05/14 LITIGATION GUARANTEE ORDER NO.2202065352 REFERENCE NO.Blossom Hill Road GUARANTEE NO.A04016-LITA-294315 LIABILITY $100,000.00 DATE OF GUARANTEE July 2nd, 2020 at 8:00:00 AM FEE $2,800.00 SCHEDULE B, PART I 1.Taxes and assessments, general and special, for the fiscal year 2020 -2021, a lien, but not yet due or payable. 2.Supplemental taxes, general and special, for the fiscal year 2019 -2020 (triggered by recordation of the Grant Deed on July 12, 2019) as follows: Assessor's Parcel No.:529-11-003 Bill No.:529-11-003-91 1st Installment :$0.00 Marked Paid 2nd Installment :$6,055.86 NOT Marked Paid All Due & Payable on :July 31, 2020 Said matters affect the interest of Thomas C. Spilsbury, Jr., an unmarried man 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. 4.Rights of the public, County and/or City, in and to that portion of said land lying within the lines of Blossom Hill Road. 5.An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument :Indenture Granted To :Margaret Redmond For :A right of way Recorded :December 29, 1903 in Book 275 of Deeds, Page 83 Affects :As described therein SCHEDULE B, PART II Page_4_of_10 Pages ORT Form 5315 Revised 06/05/14 1.Any interest in said easement of Town of Los Gatos, a municipal corporation of the State of California as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded August 12, 1977 in Book D069 of Official Records, Page 383 under Recorder's Serial Number 5752911. The land described in the above document is a portion of the public street known as North Santa Cruz Avenue adjacent to the parcel designated by the county assessor as assessor's parcel number 529-11-045. 2.Any interest in said easement of Town of Los Gatos, a municipal corporation of the State of California as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded November 8, 1977 in Book D262 of Official Records, Page 58 under Recorder’s Serial Number 5837187. The land described in the above document is a portion of the public street known as North Santa Cruz Avenue adjacent to the parcel designated by the county assessor as assessor’s parcel number 529-11-048. 3.Any interest in said easement of Donald P. Arnaudo and Rose M. Arnaudo Trustees of the D & R Arnaudo Revocable Family Trust, dated October 05, 1998 as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded October 13, 1998 in Official Records under Recorder’s Serial Number 14442253. The land described in the above document is designated by the county assessor as assessor’s parcel number 529-11-005. 4.Any interest in said easement of Donald P. Arnaudo and Rose M. Arnaudo, Trustees or their successors of The D & R Arnaudo Revocable Family Trust dated October 5, 1998 as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded July 7, 2005 in Official Records under Recorder's Serial Number 18457808. Also any interest in said easement of Stefan Arnaudo, a married man as his sole and separate property as disclosed by the Gift Deed recorded April 28, 2017 in Official Records under Recorder’s Serial Number 23635840. And as disclosed by the Interspousal Transfer Grant Deed from Amy M Arnaudo recorded February 7, 2018 in Official Records under Recorder’s Serial Number 23863148. Also any interest therein of the below parties by virtue of the following: Page_5_of_10 Pages ORT Form 5315 Revised 06/05/14 A.Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount :$494,800.00 Trustor/Borrower :Stefan Arnaudo, a married man as his sole and separate property as to an undivided 2% int and Donald P Arnaudo and Rose M Arnaudo, Trustees or their successors of The D & R Arnaudo Revocable Family Trust dated October 5, 1998, as to an undivided 98% int Trustee :ReconTrust Company, N.A. Beneficiary/Lender :Mortgage Electronic Registration Systems, Inc., a corporation the beneficiary, as nominee for Bank of America, N.A., a National Association organized and existing under the laws of United States, the lender Dated :January 26, 2018 Recorded :February 7, 2018 in Official Records under Recorder's Serial Number 23863149 “MIN”:100015702784203038 The land described in the above documents are designated by the county assessor as assessor’s parcel number 529-11-006. 5.Any interest in said easement of Michael David Haun and Allyson Drew Haun, husband and wife as community property with right of survivorship as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded June 8, 2011 in Official Records under Recorder’s Serial Number 21200357. Also any interest therein of the below parties by virtue of the following: A.Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount :$765,000.00 Trustor/Borrower :Michael David Haun and Allyson Drew Haun, husband and wife as community property with right of survivorship Trustee :John D. Duncan, Esq. Beneficiary/Lender :Mortgage Electronic Registration Systems, Inc., a corporation the beneficiary, as nominee for United Wholesale Mortgage, a LLC organized and existing under the laws of MI, the lender Dated :March 10, 2020 Recorded :March 18, 2020 in Official Records under Recorder's Serial Number 24432141 Loan No.:122018430 “MIN”:100032412201084305 Page_6_of_10 Pages ORT Form 5315 Revised 06/05/14 The land described in the above documents are designated by the county assessor as assessor’s parcel number 529-11-004. 6.Any interest in said easement of Praveen Ishawardas Chang and Varsha A. Manek, husband and wife as Community Property with Right of Survivorship as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded August 26, 2011 in Official Records under Recorder’s Serial Number 21292303. Also any interest therein of the below parties by virtue of the following: A.Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount :$547,000.00 Trustor/Borrower :Praveen Ishawardas Chang and Varsha A. Manek, husband and wife Trustee :First American Title Company Beneficiary/Lender :Mortgage Electronic Registration Systems, Inc., a corporation the beneficiary, as nominee for Provident Funding Associates, L.P., a limited partnership organized and existing under the laws of California the lender Dated :January 5, 2013 Recorded :January 16, 2013 in Official Records under Recorder's Serial Number 22051281 Loan No.:222110234 “MIN”:1000179-0222110234-2 The land described in the above documents are designated by the county assessor as assessor’s parcel number 529-11-048. 7.Any interest in said easement of Nicolas M. Struthers and Julie Struthers, as Trustees of the Struthers Revocable Living Trust dated the 17th day of October, 2005 as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded December 16, 2011 in Official Records under Recorder’s Serial Number 21461504. Also any interest therein of the below parties by virtue of the following: Page_7_of_10 Pages ORT Form 5315 Revised 06/05/14 A.Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount :$182,900.00 Trustor/Borrower :Nicolas M Struthers and Julie Struthers, husband and wife Trustee :First American Title Company Beneficiary/Lender :Mortgage Electronic Registration Systems, Inc., a corporation the beneficiary, as nominee for Provident Funding Associates, L.P., a limited partnership organized and existing under the laws of California the lender Dated :December 7, 2011 Recorded :December 15, 2011 in Official Records under Recorder's Serial Number 21459713 Loan No.:1821111025 “MIN”:1000179-1821111025-1 The land described in the above documents are designated by the county assessor as assessor’s parcel number 529-11-045. 8.Any interest in said easement of Thomas C. Spilsbury, Jr., an unmarried man as an owner of the former lands of George W. Monk, as disclosed by the Grant Deed recorded July 12, 2019 in Official Records under Recorder's Serial Number 24224469. Also any interest therein of the below parties by virtue of the following: A.Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount :$840,000.00 Trustor/Borrower :Thomas C. Spilsbury, Jr., an unmarried man Trustee :Fidelity National Title Insurance Beneficiary/Lender :First Republic Bank , a State Bank, organized and existing under the laws of California Dated :December 30, 2019 Recorded :January 9, 2020 in Official Records under Recorder's Serial Number 24377245 Loan No.:22-07421712 The land described in the above documents are designated by the county assessor as assessor’s parcel number 529-11-003. Page_8_of_10 Pages ORT Form 5315 Revised 06/05/14 LITIGATION GUARANTEE ORDER NO.2202065352 REFERENCE NO.Blossom Hill Road GUARANTEE NO.A04016-LITA-294315 LIABILITY $100,000.00 DATE OF GUARANTEE July 2nd, 2020 at 8:00:00 AM FEE $2,800.00 SCHEDULE C Addresses Paragraph No.Recording Information Mailing Address Paragraph 5, Schedule A and Paragraph 1, Schedule B Part II August 12, 1977 in Book D069 of Official Records, Page 383 under Recorder's Serieal Number 5752911 Town Clerk Town of Los Gatos Post office Box 949 Los Gatos, CA 95030 Paragraph 5, Schedule A and Paragraph 2, Schedule B Part II November 8, 1977 in Book D262 of Official Records, Page 58 under Recorder's Serial Number 5837187 Town Clerk Town of Los Gatos Post office Box 949 Los Gatos, CA 95030Paragraph 5, Schedule A and Paragraph 3, Schedule B Part II October 13, 1989 in Official Records under Recorder's Serial Number 14442253 Mr. Donald P. Arnaudo 17843 Andrews Avenue Monte Sereno, CA 95030 Paragraph 5, Schedule A and Paragraph 4, Schedule B Part II July 7, 2005 in Official Records under Recorder's Serial Number 18457808 Mr. Donald P. Arnaudo 17843 Andrews Avenue Monte Sereno, CA 95030 Paragraph 5, Schedule A and Paragraph 4, Schedule B Part II April 28, 2017 in Official Records under Recorder's Serial Number 23635840 Michael S. Bays 19A North Santa Cruz Avenue Los Gatos, CA 95030 Paragraph 5, Schedule A and Paragraph 4, Schedule B Part II February 7, 2018 in Official Records under Recorder's Serial Number 23863148 Stefan D. Arnaudo 5 Augusta Court Los Gatos, CA 95030 Paragraph 4A, Schedule B Part II February 7, 2018 in Official Records under Recorder's Serial Number 23863149 Mortgage Connect LP 260 Airside Drive Moon Township, PA 15108 Paragraph 5, Schedule A and Paragraph 5, Schedule B Part II June 8, 2011 in Official Records under Recorder's Serial Number 21200357 Michael David Haun Allyson Drew Haun 3 Augusta Court Los Gatos, CA 95030 Paragraph 5A, Schedule B Part II March 18, 2020 in Official Records under Recorder's Serial Number 24432141 United Shore Financial Services, LLC 585 South Boulevard E Pontiac, MI 48341 Attn: Post Closing Manager Paragraph 5, Schedule A and Paragraph 6, Schedule B Part II August 26, 2011 in Official Records under Recorder's Serial Number 21292303 Praveen I. Chang 1 Augusta CourtLos Gatos, CA 95030 Paragraph 6A, Schedule B Part II January 16, 2013 in Official Records under Recorder's Serial Number 22051281 Provident Funding Associates, L.P. 851 Traeger Ave., Suite 100 San Bruno, CA 94066 Paragraph 5, Schedule A and Paragraph 7, Schedule B Part II December 16, 2011 in Official Records under Recorder's Serial Number 21461504 Nicholas M. Struthers 696 North Santa Cruz AvenueLos Gatos, CA 95030 Page_9_of_10 Pages ORT Form 5315 Revised 06/05/14 Paragraph 7A, Schedule B Part II December 15, 2011 in Official Records under Recorder's Serial Number 21459713 Provident Funding Associates, L.P. 1633 Bayshore Highway, Suite 155 Burlingame, CA 94010 Paragraph 5, Schedule A and Paragraph 8, Schedule B Part II July 12, 2019 in Official Records under Recorder's Serial Number 24224469 Thomas C. Spilsbury, Jr. 2 Augusta CourtLos Gatos, CA 95030 Paragraph 8A, Schedule B Part II January 9, 2020 in Official Records under Recorder's Serial Number 24377245 First Republic Bank 111 Pine Street San Francisco, CA 94111 Page_10_of_10 Pages ORT Form 5315 Revised 06/05/14 EXHIBIT "A" The land referred to in this policy is situated in the County of Santa Clara, City of the Town of of Los Gatos,State of California, and is described as follows: The easement granted by Columbus Z. Reed and Vera Reed, his wife to George W. Monk in the Grant Deed recorded May 8, 1947 in Book 1469 of Official Records, Page 599 under Recorder’s Serial Number 459143, being more particularly described as follows: The privilege of constructing and maintaining a sewer line across the easterly portion of that certain property described as follows: BEGINNING at the point of intersection of the center line of Santa Cruz Avenue, also known as San Tomas Aquino Road with the Northerly line of Williams Street, being the Southerly line of that certain 114.12 acre tract formerly the property of Owen Gaffney; thence along said center line of Santa Cruz Avenue N. 21° 18’ E. 142 feet to the point of intersection of said center line with the Northwesterly prolongation of the Southwesterly line of parcel of land conveyed by J. H. Singer, et ux, to Thos. J. Kelly by Deed dated January 5, 1922 and recorded January 11, 1922 in Book 548 of Deeds, page 133; thence along the said Southwesterly line of the land so conveyed to Kelly, S. 64° 48’ E. 200.5 feet to the Westerly line of the Southern Pacific Coast Railroad Company’s right of way; thence Southwesterly along said line of said right of way 142 feet to said Northerly line of Williams Street and Southerly line of said 114.12 acre tract; thence Northwesterly along said last mentioned line 200.5 feet to the point of beginning and being a portion of Lot 6 of the Parr Partition in the Rancho Rinconada de Los Gatos. Said sewer line to be run parallel with the Southern Pacific Railroad Company right of way extending from Williams Street to the land owned by George W. Monk. This easement is appurtenant and shall be for the benefit of the adjoining lands owned by George W. Monk. Grantors shall have the privilege of utilizing said sewer line and Grantee covenants to maintain the same.