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.