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Attachment 3AFILING FEES $361-00 (PLAPPEAL) Residential SI,449.o0 (PLAPPEAL), per Commercial Multi - family or Tentative Map Appeal TRANSCRIPTION 5500 (PLTRANS) Town of Los Gatos Office of the Town Clerk 110 E. Main St., Los Gatos CA 95030 .APPEAL OF PLANNING COMMISSION DECISION 7, the undersigned, do hereby appeal a decision of the Planning Commission as follows: (PLEASE TYPE OR PRINT NEATLY) DATL+ OF PLANNING COMMISSION DECISION September 23, 2015 PROJECT /APPLICA9'lONNO: Architecture and Site Application S- - 27 ADDRESS LOCATION: 15925 Quail Hill Road �? A Pursuant to the Town Code, the Town Council may only grant an appeal of a Planning Commission doci '"M40 Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) de Please specify how one of those reasons exists in the appeal: 7 • The Planning Commission erred or abused its discretion because the plan does not me T of the Town Code, the Hillside Specific Plan, and Hillside Development Standards (refer to attached Exhibits 1, 2, 3, and 9J OR 2. There is new infmmmion that was not reasonably available at the time of the Planting Commission decision, which is A) The letter dated September S, 2015 (Rossi to Redenbacher - Exhibit 5) addressing access to the project (while a part of the public file) was not made available to the Planning Commission. B) The project exceeds the allowable FAR ( refer to attached Exhibit 1) (please attach the new information if possible): OR 3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town Council: The Planning Commission does not have the authority to make exceptions or grant - variances (refer to attached Exhibit 1). IT MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SIIEETS. IMPORTANT: 1. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit Is required at the time of filing. 2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing foe. Deadline is 5:00 p.m. on the I & day following the decision If the l & day is a Saturday, Sunday, or Town holiday, than it maybe filed on the workday immediately following the 10 day, usually a MZfiled 3. The Town Clerk will set the hearing within 56 days of the date of the Planni ('town Ordinance No. 1967) 4. An appeal regarding a Change ofZone applicalion or a subdivision map only the time limit specified in the Zoning or Subdivision Code , as applicable, which is dif3'erent firom other 5. Once filed, the appeal will be heard by the Town Council. 6. If the reason for granting on appeal is the receipt, of new information, the appe retuned to the Planning Commission for reconsideration. 7. PRINT NAME: Brad W. Krouskup S1GNA•fUur DATE: October 1, 2015 ADDRESS: nail Hill Road PHONE: 408- 605 -0113 Los Gatos, CA * *e OFFICIAL USE ONLY * ** DKMOPPUBLICHEARING: CONFIRMATION LETTER S _ -J Pending Planning Department Confirmation TO APPLICANT & APPELL {� �- � I - a v �►f DATE TO SEND PUBLICATION: DATE OF PUBLICATION: %v6vsR "CYL.i�.mY{[H Wd.m.Fln CCT -"l 2015 ATTACHMENT 3 EXHIBIT 1 The Planning Commission erred or abused its discretion because: The Planning Commission has erred in the approval of this application in that their decision was based on inaccurate and incomplete information. The project does not meet the Town Code, the Hillside Development Specific Plan, or the Hillside Development guide lines. I have hired two consultants who have reviewed the codes and both feel the project does not meet Town Code. My consultant wrote a detailed letter to staff outlining the areas of the code in question. We received a letter back with vague answers. We sent another letter about the same questions and received another letter back referring back to the prior letter and additional vague answers. The Town staff should be able to explain how the project meets the code sections and which specific code sections they are using to address the issue. For instance we have asked how the existing carport can remain as part of a brand new home. The existing old carport is located in a front and side yard which is not allowed. The carport is also closer than three feet to the property line. Town staffs reply to this question is citing the section of the code for nonconforming structures without the detailed section a), b), thru f) that would be the applicable. Most of our questions have been answered in a similar fashion. The continuation of the nonconforming use and the reasoning behind it should have been disclosed to the Planning Commission. Staff has also made an odd determination making part of the front of the lot the side yard. None of the project details were adequately explained to the Planning Commission in .the staff report or at the meeting. As of the date of this letter not one member of the Town Staff, including the Community Development Director and Town Attorney can simply explain the rationale behind the approval with supported documentation. My feeling is the project is not consistent with the code which is why no one can explain it. I urge the Town Council to please review the letters from John Livingstone and the replies from Town Staff and look beyond the vague answers. What gets approved for this application will set precedence for future projects that don't meet code. OR 2 There is new information that was not reasonably available at the time of the Planning Commission decision, which is: Since the approval from the Planning Commission we discovered that the project exceeds the allowable floor area for the site. The lower floor of the project which, contains the guest room and game room, were determined by staff to be a cellar. The northern section of the lower floor has two sets of doors that lead out to patios. This would cause the area to be defined as a basement not a cellar and count toward the floor area. The project architect identified one of the rooms as a light well, but it is actually a patio with a two foot bench seat. One of the requirements of the Hillside Specific Plan is that access be taken from a Public road. This is one of the questions included in the letter from John Livingstone. Staff said a house could not be built with public road access and meet code. Unfortunately Staffs response did not seem logical so I hired an architect who illustrated that a beautiful home could be built from the public road that meets all code requirements. Last week we discovered that there is an original building pad graded out on the lower portion of the site and found historic photos showing a driveway to the pad from the public road off Drysdale Drive. I feel this information is important and the Planning Commission should have had the opportunity to see the entire lot on a Professionally prepared site plan with all the existing topography and structures in determining how the project conforms to the Hillside Specific Plan. The satellite image included in the Planning Commission package of the lot does not show the existing building pad or retaining wall at the bottom of the lot off Shady Lane. OR 3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town Council The Planning Commission does not have the discretion or authority to make exceptions or variances to a Specific Plan, (Please refer to the August 10 and 18, 2015 letter from John Livingstone). In addition the Planning Commission is required to make proper findings to approve a project. The statement in the staff report is not a finding. In order to make findings staff should have prepared findings discussing how the project meets all applicable Policies and Code Sections in order to facilitate the discussion by the Commission. Without that discussion and findings the project cannot be approved by the Planning Commission and is in violation of Code of Civil Procedure section 1094.5. See also Topanga Assn. for a Scenic Community v. County of Los Angeles , 11 Cal.3d 506[L.A. No. 30139. Supreme Court of California. May 17, 1974.] Below is a copy of the findings made by the Planning Commission: Required Compliance with the Hillside Development Standards and Guidelines: The project is in compliance with the Hillside Development Standards and Guidelines. Compliance with Hillside Specific Plan: The project is in compliance with the Hillside Specific Plan in that the site is developed as a single family residence on on existing parcel. The proposal is consistent with the development criteria included in the plan. This Page Intentionally Left Blank HAND DELIVERED September 11, 2015 Planning Commission Town of Los Gatos c/o Community Development Department 110 East Main Street Los Gatos, CA 95030 Re: Appeal of DRC approval — Architectural and Site Application S -14 -027 Dear Planning Cormnissioners, SEP 15 2015 TOWN OF LOS , PLANNING DI` 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 environment. 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). EXHMIT I Krousftup Appeal Page; 1 of 3 -- Any access across our property should comply with the "Agreement for the Use and Maintenance of Quail Hill Road ". (Exhibit 2) Construction access to the project would utilize our private driveway and construction vehicles would pass within 30 feet of our front door. Current conditions of approval allow construction seven (7) days a week including holidays. Our concern regarding the use of our driveway for construction access is summarized in the letter from Ronald R. Rossi to the previous property owner dated April 26, 2013 (Exhibit 3). It is our 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 during the constraints analysis phase and initial design stage, not with mitigation measures 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 VX 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 surrounding 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 2.1). 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 ys r&askup 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 10) The new Development proposes a total of seven parking spaces, three in a garage /carport and four parking spaces outside of the garage /carport. While the number of parking spaces complies with the Hillside Specific Plan, Town Code (Section 29.10.060) 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 standards for hillside development in Los Gatos. Our effort is not intended as a design of our neighbor's new development, but rather an attempt to visually demonstrate alternatives that meet Town standards, and address our concerns with the existing application. Please sud ur appeal and allow us to work with the applicant on a mutually acceptable re- I�PCI rtvl WaKrMusrS' youup Homeowners 15921 Quail Hill Road Enclosures Xrousl,Kup Appeal Page 3 ®f 3 EXHIBIT I TOWN OF LOS GAT 0 S 2020 GENERAL PLAN COMMUNITY DESIGN ELEMENT Goal CD -2 To limit the intensity of new development to a level that is consistent with surrounding development and with the Town at large. Policies Policy CD -2.1 Building setbacks shall increase as mass and height increase. Policy CD -2.2 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. Policy CD -2.3 A maximum total floor area for new subdivisions and planned developments shall be set as part of the approval process. Actions Action CD -2.1 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. Goal CD -3 To require utilities, landscaping and streetscapes to contribute to Los Gatos's high- quality character. Policies Policy CD -3.1 Encourage the undergrounding of utilities on substantial remodels. Policy CD -3.2 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. CD -4 EXHIBIT 2 NI 12PAGE2016 AGREEMENT FOR THE USE AND MAINTENANCE OF QUAIL HILL ROAD, LOS GATOS, CALIFORNIA . This agreement Is between the owners of several residential pro I n w.,. I Los Gatos, Calitornla, which are hereinafter described In Attachments numbered 2 through 9, which utilize the private right- HI II Road, more particularly described on Attachment 1 hereto, as their access for Ingress and egress and for the provision of utf I sties. This _ agreement Is Intended to be In the mutual Interest of the owners, their FEE heirs and assigns. It Is Intended to comply with the provisions of Section AEC AEC 845, California Code of Civi l Procedure, more specifically It is agreed as Air follows. MICRO 1. The parties to this agreement, and each of them, shall be res onsib le RTCF for the maintenance of the private road commonly known as Quail Hit LIEN__ Road. The parties to this agreement shot share In proport Ion to their SMpp use the costs incurred in maintenance and Improvement of the road known 10 PCOR as Quail HIII Road. 2. The private road commonly known as Quail HIII 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. tJ 3. The share of maintenance, renovation or Improvement cost to be assigned to each property shell be In proportion to the use by each property. Each property's share shall be detorminad by dividing the distance to .d the driveway for each property by the sum of dlstances to the driveways to all properf Ias to the nearest whole percentage. Distances as des - orlbed above shall be measured from the edge of pavement of the pub to street known as Short Road to the intersection of the prolongation of the center l lne of the driveway for each property with the cenferllne of Quail HIII Road. 4. If costs for maintenance and Improvement of the private road known as Quell HIII Road shall be incurred at a point along the road beyond the driveway to any of the before described properties, only those properties served by that portion of the road being maintained or Improved shall be assessed for the costs of sold maintenance and Improvement, In a IIke manner to that described In Section 3 above. 9. In the event any party to this agreement shell neglect or refuse to contribute to the cost of maintaining or Improving QualI HIII Road, such failure shall not rel love any of the other parties from respond° bll lty to maintain said road, in the event that any party, upon the demand tram other parties or party, shall refuse or neglect to con- tribute to the cost of maintaining the road, the party or parties who have Incurred the cost of maintaining the road shell be permitted to Page 114 71 012192126 o o c i�c tV � no z ti z mx M c nu c 1 . This agreement Is between the owners of several residential pro I n w.,. I Los Gatos, Calitornla, which are hereinafter described In Attachments numbered 2 through 9, which utilize the private right- HI II Road, more particularly described on Attachment 1 hereto, as their access for Ingress and egress and for the provision of utf I sties. This _ agreement Is Intended to be In the mutual Interest of the owners, their FEE heirs and assigns. It Is Intended to comply with the provisions of Section AEC AEC 845, California Code of Civi l Procedure, more specifically It is agreed as Air follows. MICRO 1. The parties to this agreement, and each of them, shall be res onsib le RTCF for the maintenance of the private road commonly known as Quail Hit LIEN__ Road. The parties to this agreement shot share In proport Ion to their SMpp use the costs incurred in maintenance and Improvement of the road known 10 PCOR as Quail HIII Road. 2. The private road commonly known as Quail HIII 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. tJ 3. The share of maintenance, renovation or Improvement cost to be assigned to each property shell be In proportion to the use by each property. Each property's share shall be detorminad by dividing the distance to .d the driveway for each property by the sum of dlstances to the driveways to all properf Ias to the nearest whole percentage. Distances as des - orlbed above shall be measured from the edge of pavement of the pub to street known as Short Road to the intersection of the prolongation of the center l lne of the driveway for each property with the cenferllne of Quail HIII Road. 4. If costs for maintenance and Improvement of the private road known as Quell HIII Road shall be incurred at a point along the road beyond the driveway to any of the before described properties, only those properties served by that portion of the road being maintained or Improved shall be assessed for the costs of sold maintenance and Improvement, In a IIke manner to that described In Section 3 above. 9. In the event any party to this agreement shell neglect or refuse to contribute to the cost of maintaining or Improving QualI HIII Road, such failure shall not rel love any of the other parties from respond° bll lty to maintain said road, in the event that any party, upon the demand tram other parties or party, shall refuse or neglect to con- tribute to the cost of maintaining the road, the party or parties who have Incurred the cost of maintaining the road shell be permitted to Page 114 N 112PAGE20 17 0age 2/4 - Road Maintenance and Use Agreement for QualI VIII Road recover from the party or part l es IaIl Ing to contribute In the share set forth in a court of competent Jurisdiction the amount of the unpaid cost of maintaining Quali VIII Road. In addition thsreto, the prevail - Ing party or parties in such legal action shall recover from other parties or party both costs and attorney0s fees Incurred In such action. 6. Each year, not Iotor than the first day of January, the owners of properties which are a party to this agreement may select one of the owners to act as ROAD MAINTENANCE COORDINATOR, hereafter known as coordinator. The ccerdlnafor wlI1, with collaboration of other proper- ty owners, prepare plans and specifications for road maintenance or Improvement, contract for such services as may be needed for main- tenance or Improvement and col lect funds from property owners and pay contractors, consultants, suppliers Or other utilized In the malnten- once or Improvement work. The coordinator will keep written records of all transactions and provldo a report to other owners concerning each project. Coordinator shall be elected by a written ballot of a simple majority of the property owners. If In any year the owners fall to appoint a new coordinator, the coordinator from the Immediately previous year may continue to serve as the coordinator for the upcoming year. 7. Parties to this agreement also agree to the to[ lowing use restrictions Intended to preserve the character and physical Integrity of ilia road and thereby protect the Investment made In the road and minimize Its future maintenance cost. S. The road's use shall he Ilmlted, to the extent possible, to Ilght- weight, rubbery -tired passenger vehicles and Ilght trucks used for the provision of residential services. 9. The roadway and easement, to the extent and where It Is an easement to other properties, shell not be used for parking of vehicles belonging to residents or guests of those other properties benefiting from that easement. Owners of foe title Interest may, at their sole discretion, use the roadway and easement area for their purposes so long as that use does not obstruct or Impair use by those with easement Interest and so long as that use does not cause damage to the roadway or Its appurtenances. 10. Owners of property contiguous to the road sholI 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 Ilmlted to, trimming vegetation, control l Ing drainage, cleaning the pavement and maintaining necessary subjaceni support to the roadway. I1. Residents and their guests and service providers shall drive upon the road In a safe, prudent and courteous manner In consideration of the steepness, narrowness and curvilinear alignment of the road and the residential use of adjacent properties. Generally, a maximum spoed of fifteen ml Ins par hour Is considored appropriate. If Is specif lcal I agreed provisions of the California Vehicle Code wlII apply to use of the road to the extent provided by that code and the code of the Town of Los Gatos. I NI I2PACE2018 Wage 3/4 - Road Maintenance and Use Agreement for Qua II H I I I Road 17. No use shall be made of the road which know IngIy damages the roadway Pavement or appurtenances or adjacent private property. 13. The Instal latlon, use, or maintenance of private or public utll ltles 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 w II be the respon- siblllty of the property owner or owners causing such utility Instal latlon, use or maintenance to repair or cause to be repaired the damage or impairment on a timely basis and In a good and workmanl Ike manner, equal to or better In strength and durability than the original roadway. 14. Successors. This agreement shall be binding upon, and shall Inure to the benefit of, the heirs, successors -ln- Interest, and assigns of each Party to this agreement. 15. Govern.lna Lent, This agreement shall be governed by, and Interpreted under, the laws of the State of 0811fOre l a. 16. Entire Agreement. This agreement states the entire understanding between the parties on the subjects addressed herein. There are no other agreements, expressed or Implied, oral or written, between these Parties on those subjects. This agreement may be modlf led only by a subsequent writing executed by all parties or their heirs, successors - In- Interests or assigns. 17. CCVenan+ Rr nningIth '4e Amn, The provisions of this agreement are Intended as, and shall be construed as, covenants running with the title to the properties described In this agreemenf and as equitable servitudes enforceable by any party against the other or others or by the owner of any of those properties. This agreement Is for the bene- fit of all properties described herein and shall be binding upon, and Insure to the benef It of, such owners, their respective successors -ln- interest, heirs and assigns In accordance with the provisions of Cal lfornia CIV ii Code Section 1468. In witness, the parties hereto have set their next to their signatures. hands on the data indlCated 2 - Quail Hi I I Road A6i 7 -P L...ba+ •' Dated 3 - 15930 Quall Hill Road ••Dated --149- / `�.+ -Ss: �4x. a�l� grvl.Do+aksr�R 4 - 15920 Quall Hill Road "Dated I/- -- ��C�_ y'__ -- IMe.ry G.UrL1 N 112PAGE201 9 -Page 4/4 - Road Maintenance and Use Agreement for Quall HIII Road 15961 Quail HIII Road -)( "ed•:¢ (•�I.)t,,...(,....,k. i3oAdd C.w,w.serL`i , Dated VZ 1\'2,1+z__ 6 - 15951 Quail HIII Road uo Llerk.lIC- Dated A lJ't �.19A _ rott� tla Ja ll e... 7 -• 15941 Quail H I I I Road l 2 Yu 8 - 15921 Quail Hi III Road Dated- r- �Li!�y:l. l-. 9 15925 Qua ) I H I I Road jz_ Dated _ ✓ Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 I Int of Attachme014 Description of Quail Hl I Road Description of Lands of Labat Description of Lands of Doslker Description of Lands of Urzl Description of Lands of Wimberly Descrlptlon of Lands of DaValle Description of Lands of Simon Descrlptlon of Lands of Penny Description of Lands of Paying I N II' Fra A k E. Penny T.A, W, A.Penw,j i7ua na �.ynt (derby I7ays7IC.. N I I2PAGE2020 State of (' a I ` kW ^ , !' CAPACITY CLAIMED BY SIGNER ^4r Cka^T County of - -.' w,nwn,nwa i.+epes J� tin C n vP 'bofore Sn n d.c� t. rmw!�v +weeiws On —_�� ` me, a�eas� (n arr�rl�e. tine of nnieerL Personally appeared_ Yt n. liSLt l.n b.,} {I�n.n 7- -P I.A. 1 s �� U personally known to me —OR —AI 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 acknowl- edged to me that he/ she /theyexecuted the same lnhisrher/ theirauthorized capacity(fes), and Ll ..h.m. that by his/her /their signalure(s) on the instrument the person(s), or the entity upon behalf of n�a� which the person(s) acted, executed the Instrument. 0 �wsrtuw WITNESS my hand and official seal. mer OFFICIAL SRAT. SANDRA L SWENSON NOTARY ]UKIC • CAUrdRN1A SANTA CLARA COUNTY MY Com iwk n 6x01re1 July is, 1991 nvn� -- dm��unwsasona MIM1dM S1A�911I0 Signature 1 I �I W 1 1 2 PAGE 202 I }}} WWiiiWFWWWWYWW# YMFWW# WY# Y# WWWp# WWYYWUUUWWYWYYWFauWWWWWYYYWWWW }u# }FW }} ##F i STATE OF CALIFORNIA SS. COUNTY OF SANTA CLA.RA On 1�1of �. e r `e� m, 19 J._, before me, the undeseigne d, a Notary Publie n and for said 5tata, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the Person(s) whose name(s) is /axe subscribed to the within instrument and acknowledged to me that he /she /they executed the Same in his /her /their authorized capacity (iee), and that by his /her /their signature (a) on the instrument the perflao W , or the entity upon behalf of which the person(s) acted, executed the inatrument. WITNESS my hand and official Bea[/l. Notary's Signatu THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT L_ ✓11 fii(+'�eT�L7nGf_ JV Of r'c. MUST DE ATTACHED TO THE DOCUMENT' NO. OF PAGES i`1- DATE OF DOCUMENT DESCRIBED AT RIGHT: W. ... Wi# Wwwaw..... a ...............W..# aaa.. as }}aaaaW }a}a }aY }aaa.Wwwa..ww ##W iWaa m! Oy n IE9gACAOae„Nv sn Is N 1 1 2 PAGE 2022 wwwaWwwwwwaWrra wwwaYawwYrwWYWwµar wr,W warrwwWarrawwwwwµww waawww.wwW wµ11 WwWW STATE OF CALIFORNIA COUNTY OF SANTA CLARA SS. On � 1923 Z, before me, and Eor sand Stet -, the undersigned, a Notary Personally appeared iY7., -. - �— name(s)tis /are nsubscribed to thelwithinrinettument andbacknowledged to my that , hs /she /they executed the same in hie /her /their authorized Capacity whose that by hie /her /their eignature(q) On the instrument the Person(o) p or), and entity upon behalf of which the , or the Person(') acted, executed the instrument. WITNESS my hand and off ial seal. e 5.. Angela R. Tompkins, �'.. Camm.'986"9 / NOYwRV gUaLIC CAUFORNIAA Notary's Signature j �- My� mAE IARA IOUNiY cyy1. _ xplrec MwY 311 y09i THIS CERTIFICATE TITLE OR TypE Op DOMM' I //A IYti MUST SE ATTACHED NO. OF PAGES �_y_ �• TO THE DOCUMENT SIGNER (S) OTHER THAN DATE OF OOCUMENT DESCRIBED AT RIOHr. NAMED ABOVE WWIY wWµµµYMµryYWtµµµWiYµFµY� yyµ`W�µ�WWrrYµW YYrWWYWYLWµY Wµ1µµµµµ µa µµµWW WWWµµiWWWµYµ NI I2PAGE2023 +.saw wwaw as w as aa* a wow. Ara w w w. waww a.A.....wwa +wwww+ +waaaaawww +wwwa.... +.+raw STATF, OF CALIFORNIA SS. COUNTY OF SANTA CLARA On ����•�� f'A _, 19q-?— before me the undersigned, a Notary public in and 4ox ea id State, personally appeared t�o,, proved to mo on the basis of satisfactory evidence to be the person(a) whose nmse(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized cspacity(ies) , and that by hie /her /their aignature(s) on the instrument the person (0), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and of ial See" j Angela li. 96S p s Comm. C - CALI 9 /� ✓ r" NeiApVA C"A• CAftny AV' / BANTA CWNA COUNTY O MY naA1m avWroe MaY al. fepe'+ Notary's Signatur �b THIS CERTlFICAT% TITLE OR TYPE OF DOCUMENT Qonek M f jqj RgZr r(= y_LVpc fnP� MUST HE ATTACHED NO. OF PAGES I i DATE OF DOCUMENT TO THE DOCUMENT SIGNEN(S) OTHER THAN NAMED ABOVE DESCRIBED AT RIGHT: saw wwa+ aa• aawaaaaawarrw ..araa.w.wwwaawwwa+a ++a raw +. wr. + +awaaaawwrwr.r r. stew+ wow MM N 1 I z PAGE 2024 wwwwwwwwwwwwwwwwwwra« wwwwwwwwwwrwwwwrwwwwwwwrwrrwwwwrwwrwwrwrwawwwrwa «wwrww STATE OF CALIFORNIA SS. COUNTY OF SANTA CLARA On U ; $ , 19 Q -A, before me, the undersigned, a Notary Public in and for Said Stato, personally appeared 1.1, r , r —1 _ personally known to me for proved to me on the basis of satisfactory evid.r,ce) to be the person(,) whoa. name(,) is /are subscribed to the within instrument and aelmowledged to me that he /she /they executed the game in hie /her /their authorized capaoity(iea), and that by hie /her /their signature(,) on the instrument the parson(,), or the entity upon behalf of which the parson(.) acted, executed the instrument. x WITNESS my hand and official seal. notary,a Si at THIS CERTIFICATE TITLE OR TYPE OF DOCUME VNT' r,mr P�lrinipn /v��t �„- MUST BE ATTACHED TO THE DOCUMSUr NO, OF PAGES I 1 _ DATE OF DCCC=S DESCRIBED AT RIGHT: ♦• rw« w•.. rww«« w« r« wrwwaw.wrawawaraww «a «ww.aaa «rwr w rr w w w. r w.... w ra..*.*..rw..w«w U, Angela R. Tompkin:;g 0 Comm *966349 SAN rn urns tour.;, My Lemm Eam�4uy nr_ rey+ °o�d N 112PAGE2025 * fWW* WWWWWWWWW** FaNFWWWNFWF* FFWWWWIFFWWWWafWWW *WWWWW4WWWWW*WWW *N *WWFWWWWWWW STATE OF CALIFORNIA $S. COUNTY OF SANTA CLARA On 19 ' before mer the under9iggned, a Notary personally appeared r !� (j,-l_ personally known to me (or proved to me on the basic of satisfactory evidence) to be the person(s) whose name(a) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the came in hie /her /their authorized capacity(iem), and that by his /her /their signatures) on the instrument the parsonta), or the entity upon behalf of which the percents) acted, executed the instrument. WITNESS my hand and o.',£icial seal' Notary's Signature - / A THIS CERTIFICATE Z TITLE OR TYPE OF DOCUMENT /Z. MUST BE ATTACHED , TO THE DOCUMENT : NO. OF PAGES DATE OF DOCUMENT DESCRIBED AT RIGHT: WWWWWNWWFWWYFYWW NWW NWWYN6YWW * *WYYWFYF *YY NWW 9WNYFWYY *FYWWWWWYW FY NYF Y a Fii FFa*Y„IiW Ante R TMltpklns �. Cumm.O.00 -9 Q !r IbTAnV 6UU110 � CMJFMM4 BANTA GUM tQMTV (� s ' comm. 0000 ID N r 1 2 PAGE 2026 STATE. OF CALIFORNIA SS. COUNTY OF SANTA CLARA 1 -1. L o, 19 `T -, before me(/the undersigned, a Notary in and for said state, personally appeared _I r_ �yrr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namely) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorised capacity (ies), and that by his /her /their signature is) on the instrument the person(s), or the entity upon behalf of which the personls) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature /� ��j, �/ .sue• _ JJ THIS CERTIFICATE TITLE OR TYPE OF D6CUMENT MUST BE ATTACHED TO 7I19 DOCUMENT NO. OF PAGES �_ DATE OF DOCUMEISF _ DESCRIBED AT RIGHT: ................................................ ............................... 0 Ar*WM R. Tompkins H112 PAGE 2027 A ww *ww Wxxxxaaww.Ww +w +wWW xwxWwr. aawax. www+ wwww .aww+w +xwxwww..xwwwwwwWw * *aaww+ STATE OF CALYFORNIA SS. COUNTY OF SANTA CLARA on \ (I7 (1- ���� � � _ 19 0 S before menthe dereigned, a Notary PAlic in and for 9State,t pa ona) liy app,eer.d personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(d) whose names) ie /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(iee), and that by his /her /their signature(s) on the instrument the person (a) or the entity upon behalf of which the persona) acted, executed the instrument. WITNESS my hand and off' ial seal. (/ / f Notary's Signatur 1y,,' THIS CERTIFICATE TITLE OR DOUR MW OF DO6�WP ... `�l� I ° IQI ffiMCO I rrpe MUST BE ATTACHED TO THE DOCUMENT NO. OF PAGES C % DATE OF DOCMENT DESCRIBED AT RIGHT: is WWWi xitwi ****.* w a w+eW,i a a..• +e +a w Y x*.* Wass+ +wiXx. WxWWhxWwW+WWWwWWWWWWWWWW+WiW+ wls R., �wJ �,t. ewnaa+wA Oaemi 0 Anp`BM Fi, 7DmGki..1: ll� �� Ah ooma Emen:611�J ('qMm. k8d03AH BUBUe t'AIII V.NJ gANYA U' AM eGp I rte„ d L Wmm. E�yY1M �i1 >h., ' M Mpta ii. - , r ' ,(oMPkina y r I N i 1 2 PAGE 2028 wxxxwxw4xy444xWx4Wxxxwx44xxwx4xxxWrxxx4xxxx4x4xx44xx rrrrrxrxrxx4rxx4rxxx xrr STATE OF CALIFORNIA SS COUNTY OF SANTA CLARA On /a )c- �{' 19 -all before me the under,as,ifined, a Notary Public ip and for said state, personally appeared b N Personally known to me (or proved to me on the basis Of satisfactory evidence) to be the persons) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(iee), and that by his/h er/their signature (s) on the instrument the persen(e), or the entity upon behelf of which the person (e) acted, executed the instrument. WITNESS my hand and official seal. , Notary's SignatureZi 4-.,,� THIS CERTi FICATE TITLE OR TYPE OF DOCUMENT, MUST BE ATTACHED !J NoPpSbl�,D TO THE DOCUMENT NO. OF PAGES �� DESCRIBED AT RIGHT: DATE OF DOCUMENT 4 xµ4Y xa.444y4 4xx4441444444444 WWxMxx44x4 4r.x4444444i44..varxx4....O4x6y 444444x.. 0 1;;4 Angela R. Tofr� U, "0347 dANrvM MAK ejn- 0 �.A<. A^Cai2. R. Toms. .. Y. &u® Bob" oft m. fsx Comm. f NaL4.+ c',` AMPUOUC.CAAi.cyuu� BANTA eLARn oarry () N + i 2PAGE2029 hYWiixWyAWYWiWYFF% hYWWWYwyYYFyyWWFw F% WYiYYWWWWWY %WWi FWWFFWWWWtYWWiiw%W %yy %% STATE OF CALIFORNIA SS. COC)NTY OF SANTA CLARA On �-.7 «' 19`13 before we the undersigned, a Notary P Vic in an or said State, personally appeared persona ly known to me (or 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 ahthorized capacity(iea), and that by his /her /their signature (a) on the instrument the person(a), or the entity upon behalf of which the persona) acted, executed the inst>wnent. WITNESS my hand and offi al seal. Notary's Signatur -! THIS CERTIFICATE TITLE OR TYPE OF DOCUMENT ge: n 0, j ,(ivryaIJC Vv' -fr -P MOST DR ATTACHED ` TO THE OOCUMSNT' NO. OF PAGES _ �� DATE OF DOCUMENT DESCRIeSD AT RIGHT: WWWWWWFW %FYFW %yiixWWWW%WW9iYWW 6IiWWFFYWYW wYWYYFiWYiy MWiW NWYYWhWWYWawWWWWWWWW yWi � �• Ang'elnH. Tam ., . - � q�go'8 m.��P9 irer .ay 4y �.a��wrvW.A� IMOo�mmAO iu�i�v s+. NI 12 PAGE 2030 ............................................ ............................... STATE OF CALIFORNIA Ss. COUNTY OF SANTA CLARA on ��� if y1,, 'S-k1 19� before me, the undersigned, a Notary personally known to me for proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /ahe /they executed the same in his /her / Lheir authorized capaci ty(iea), and that by hie /her /their signature (a) on the instrument the person (s) Or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal Notary's Signatur¢ _7_ � t 1111. )ly 1�SLf1�,v,v THIS CERTIFICATE `.•TITLE OR TYPE OF bOC N7 _�. -,r. \ _(Y'�. •, a.1< MUST BE ATTACHED TO THE DOCUMENT NO, OF PAGES � DATE OF DOCUMENT DESCRIBED AT RIGHT: ............ .... ............................................ ................... �, +.rlr, elc<�tocmcclr+'+rr!rMaor UPFICG \h SP.AV LANRA E. HIGGINS �•Y NOTARY RUOiIt•CAtaO0.NIA SANTA CLARA COUNTY My Commission Expires Oct. 27, 1995 4 l9 W241J W�4YJW9W341JW:IWJ(d]Wl4NLlv^ux N112 PAGE 2031 QUAIL HILL ROAD ROAD MAINTENANCE AGREEMENT Signatories 9/3/91 Attachment B 5 Donald C. Wimberly, Jr., and Cheryl G. Wimberly, as Co- Trustees for the Wimberly Family Living Trust dated 2/19/90 6 Bruno OaValle end Dorothy J. DaValie, his wife 7 Ben Simon and Victoria Simon 3 Fred L. Doolker, Jr., a single man . 4 Mary C. Urzi, an unmarried woman B Frank B. Penny and Judith A. Penny, his wife, as Joint tenants 9 Parley B. Payne and Diana H. Payne, Trustees under a Revocable Intervlvos Trust dated 3/23/64 2 Alain J -P Labat. and Carla T.eslie Labat, jusband Arai' wife ATTACHMENT 1 (cont.) NII2PAGE2032 1.4384 acre parcel of land, South 18° 331 15" East 3.69 feet to the most Southerly corner thereof; thence along the Southwesterly Iine of said 1.4384 acre parcel of land, North 727 55' West 437.18 feet 1'0 the point of beginning, being a portion of said t.4384 acre parcel of land and also being a portion of Lot 1 as shown on that carteln Map entitled, "Map of the Subdivision of the M.S. Gardner Estate, being part of the Rancho Rinconada de Los Gatos," and which Map was filed for record In the office of the Recorder of the County of Santa Clara, State of Cal lfornia on November 23, 1887 In Book C of Maps, page 39. EXCEPTING THEREFROM that portion thereof lying within the bounds of Short Road as described In the Deed from Wm. R. Biaggi, at all to the County of Santa Clara, dated April 12, 1930 and recorded April 22, 1930 In Book 517 Official Records, page 29, Santa Clara County Records, as granted In the Deed from G1no A. Pasqua II and Anne P. Pasqual 1, his wife, to Pauline S. Reid, dated September 22, 1952 and recorded October 1, 1952 In Book 2497 Official Records, page 256. FARCE. -TER-E: (Across lands of DaVaile) An easement for Ingress and ogress and for the Installation and maintenance Of public utilities over the following described parcel of land, Beginning at a gran l-is monument In the center iine of Shannon Road, at the Southeasterly corner of that certain 0.617 acre tract as described In the Deed from fay Tupper, at ux, to F.C. Cushman, at ux, dated Apr 11 30, 1924 and recorded May 2, 1924 In Book 86 Off lclal Records, page 63, Santa Clara County Records; running thence along the Easterly Iine of said 0.617 acre tract and the center Iine of Short Road, North 180 181 30" East 267,02 feet; thence leaving said center IIre of Short Road South 720 55' East 437.18' to the True Point of Beginning; then South 170 050 West, 30.00 feet; thence South 750 OP East, 40.00 foot; than North 751 OP West, 53.00 feet; then North 720 554 West 76.98 feet; Cher south I8° 331 15" East 24.61 foot to the True Paint of Beginning. &KEL FnNR: (Across the lands of Simon) An easement for Ingress and egress and for the Instal lotion and maintenance of pub, lc utlIItles over a strip of land which Is the Westerly most forty foot portion of parcel "C" as said parcel Is shown on the Record of Survey flied for record on June 13, 1956 In Book 70 of Maps at page 29, Santa Clara County Records. P-- FIV 1 (Across the lands of Penny) An easement for Ingress and egress and the Installation and maintenance of Public utilities over the Westerly most forty foot portion of Parcel "B" as said parcel Is shown on the Record of Survey fl led for record on June 13, t956 In Book 70 of Maps at Page 29, Santa Clara County Records which strip Of land Is contiguous to the Northerly portion of the Eastarly line of Lots I and 2 as shown on the Parcel Map recorded 8124190 In Book 617 at page 39. 11" q ATTACHMENT 1 (cont.) N I' 12 PA GE 2 0 3 3 PARCEL _SIX: (Across the lands of Doelker) An easement for Ingress and egress and the Installation and maintenance of public utlI ltles described as follows: Beginning at the Southwest corner of that parcel of land shown as parcel B on the Record of Survey filed for record on June 13, 1956 In Book 70 of Maps at page 29, Santa Clara County Records, said point being the True Point of Beginning; then South 170 051 West 25.00 feet; then South 75' 011 East 170.00 feet; then North 17-050 West 25.00 feet; then North 75° OP West 170.00 feet to the True Point of Beginning, said 25 foot strip of land being contiguous with the Wdsterly 170.00 foot portion of the Southerly Iina of Parcel "B" as shown on the Record of Survey recorded June 13, 1956 In Book 70 of maps at page 29. SN©RT EXH It --i-T A ISa4 YO i¢R..!' MAP OF UAIL SILL ROAD 31519 2 IN I I QI of N 112PAGE2034 A1CA01f(�A ll" � Atcn bimEUT A,vPp.gP�yT !f. 15aaI I y7-C _ISq ($q15 � PP'<NE A1T A CHME.IT uRZ\ IV I I AiY NCH \5v5 1 y��T S5 air 1. °' � \MOM 1Ci41dY I .Q_1Twc1VAEla,- I ulSq�0 I flalc.�KCEL SN©RT EXH It --i-T A ISa4 YO i¢R..!' MAP OF UAIL SILL ROAD 31519 2 IN I I QI of � I� A1CA01f(�A ll" � Atcn bimEUT 15aaI I y7-C _ISq V iN.11Mp�pi<V fi%I •� I LA 6A'i IV I I SN©RT EXH It --i-T A ISa4 YO i¢R..!' MAP OF UAIL SILL ROAD 31519 2 IN I ' ATTACHMENT 2 Pit 12 PA GE 2 0 3 5 Lands of LabaE The land referred to herein is situated In the Town of Los Gatos, County of Santa Clara, State of California, and Is described as follows: } I PARCEL ONE: tot I as shown on the Parcel Map fl l ad for record on August 24, 1990 In Book 617 of Maps, at page 39, Records of Santa Clara County. AKA: Quail Hill Road APNI 527 -02 -014 A.rrACHMExr 3 N I 1 2 PA GE 2 0 3 6 Lands of Doelken Beginning at a granite monument In Shannon Road at the Southeasterly corner of that certain 0.617 acre parcel of land conveyed by Fay Tupper and Sarah Tupper, husband and wife, to F.C. Cushman by Deed dated April 30, 1924 and recorded May 2, 1924 In Book 86 of Official Records, page 63, Santa Clara County Records; thence along the Easterly IIne of said 0.617 of an acre parcel of land and along Short Road, N. 18" i8f 30" E. 267.02 feet to the most Westerly corner of that certain 1.4384 acre parcel of land described In the Deed from L.A. Reld of ux, to Glno A. Pasqual 1, at ux, dated May 17, 1948 and recorded May 25, 1948 In Book 1621 of Official Records, page 47, Santa Clara county Records; thence leaving said 0.617 of an acre parcel of land and Short Road and running along the Southwesterly Ine of said 1.4384 acre parcel of land S. 72° 551.E. 437.16 feet to the most Southerly corner thereof; thence S 170 051 W., 157.96 foot to a point and S. 75001t E., 170.00 foot to the true point of beginning of this description; thence from said true point of beginning N. 75° 01l W., 170.00 feet to a point; thence running S. 17° 051 S., to and along the Easterly IIne of that certain 1.008 acre parcel of land conveyed by Pauline a Raid to Lawrence H. WlIl lams, at ux, by Dead dated March 6, 1952 and recorded March 6, 1952 in Book 2377 of Official Records, page 399, Santa Clara County Records, 271.99 feet to an Iron plpo at the Southeasterly corner of said 1.008 acre parcel of land In the Northerly IIne of that certain 6.977 acre tract of land conveyed by Fay Tupper of ux, to H.G. Cushman, at ux, by Dead dated April 30, 1924 and recorded May 2, 1924 In Book 83 of Official Records, page 360, Santa Clara County Records; thence along the Northerly IIne of said 6.977 acre tract of land S. 851 211 30" E. 64.28 foot to an Iron pipe and S. 1350390 E., 127.96 feet toe point; thence leaving said last named fine and running In a direct IIne. Northeasterly to ii,e true Point of beginning and being a portion of Lot 1 as shown on that certain Map entitled, 1Map of the Subdivision of file M.S. Gardner Estate, being part of the Rancho Rinconada de Los Gatos," and which MOP was filed for record in the office of the Recorder of the Couniy of Santa Clara, State of Cal lfornia, an November 23, 1887 in Book 1101 of Maps, page 39, a portion of Lot H as shown on that certain Map entitled, "Map of the Subdivision of Lot B of the Estate of M.S. Gardner," and which Map was fl led for record In the Off ICe of the Recorder of the County of Santa Clare, Sfai6 of Cal Itorn l a, on March 13, 1891 In Book "E" of Maps, page 81, and a portion of Section 14, Township 8 South Range i West, Mount Diablo Base and Meridian. AKAf 15930 Quail Hill Road APN/ 517 -02 -011' r7 ATTACHMENT 4 N i i 2 PAGE 20 3 7 The land referred to herein Is situated In the State of Cal lfornia, County of Santa Clara, Town of Los Gatos and Is described as follows: Beg l nn Ing at a gran ]to monument In Shannon Road at the Southeasterly corner of that certain 0.617 acre parcel of land conveyed by Fay Tupper and Sarah Tupper, husband wand It e, to F.G. Cushman, by Deed dated Apr11 30, 1924 and recorded May 2, 1924 In Book 86 of Official Records; page 63, Santa Clara County Records; thence along the Easterly Iine of said 0.617 acre parcel of land and along Short road, North 10 Deg. 181 3011 East 267.02 feet to the most Westerly corner of that certain 1.4384 acre parcel of land described In the Deed from L.A. Reid, of ux, to Fine A. Pasqua] It at ux, dated May 17, 1948 and recorded May 25, 1948 in Book 1621 of Official Records, page 47, Santa Clara County Records; thence leaving said 0.617 of an acre parcel of land and Short Road and running along the Southwesterly Iine of said 1.4384 acre parcel of land, South 72 Deg. 551 East 437.18 teat to the most Southerly corner thereof; thence South 17 Deg. 051 West 57.96 feet to a point and South 75 Deg. OP East 170.00 feet to the true point of beginning of this description; thence from said true point of beginning continuing South 75 Deg. 011 East 170.64 feet, more or less to a point In the Westerly Iine of that certain 3.01 acre tract of land conveyed by WI Ilam R. 810991, at ux, to Car] C. Ho]gard, of ux, by Deed dated January 5, 1940 and recorded January 11, 1940 In Book 964 of Official Records, page 411, Santa Clara County Records; running thence along said Westerly line of said 3.01 acre tract of land, South 7 Deg. 021 West 203.00 feet to the Southwesterly corner thereof In the Northerly Iina of that certain 0.977 acre tract of land conveyed by Fay Tupper, at ux, to H.G. Cushman, at ux by Deed dated Aprl1 30, 1924 and recorded May 2, 1924 In Book 03 of Official Records, page 360, Santa Clara County Records; running thence along sold Northerly I Ina of said 6.977 acre tract, North 85 Dog. 391 West 193.00 feet to a point fhereon which bears south 85 Deg. 21' 3011 East 64,28 feet and South 85 Deg. 391 East 127.96 feet from an Iron pipe set at the Southeasterly corner of that certain 1.008 acre parcel of land conveyed by Pauline S. Reid to Lawrence 16 WI ]]lams, at ux, by Deed dated March 6, 1952 and recorded March 6, 1952 in Book 2377 of Of tic l a Records, page 399, Santa Clara County Records; thence Ienv Ing said Northerly Iine of the 6.977 acre tract and rune I ng in a dl reef Iine Northeasterly to the true polat of beginning, and being a portion of Lot 1 as shown on that certain map entitled, "Map of the Subdivision of the M.S. Gardner Estate, being part of the Rancho R]nconada de Los Gatos ", and which map was filed for record In -the Office of the Recorder of the County of Santo Clara, State of Cal lfornla, on November 23, 1887 In Book "0" of Maps, page 39, a portion of Lot 8 as shown on that certain map entitled, "Map of the Subdivision of Lot 8 of The Estate of M.S. Gardner," and which map was filed for record In file Office of the Recorder of the County of Santa Clara, State of Cal lforcla, on March 13, 1891. In Book "E" of Maps, page 81 and a portion of Section 140 Township 8 South, Range 1 West, Mount Diablo base and meridian. AKA, 15920 Quail H I I I Road APN1 527 -02 -012 ATTACHMENT 5 N 1 1 2 PA GE 2 0 3 8 nds of _Wimharly Portion of Lot 1, map of the subdly is ton of the M.S. Gardner Estate, fl led on November 23, 1887 In Book C of Maps, at page 39, and a portion of Lot 4, Section 14, Township 8 South, Range I West, M.D.B. 8 M., and more particularly described as follows: Beginning at a granite monument In the center Iine of Shannon Road at the Southeasterly corner of the 0.617 acre tract as described In the Deed to F.C. Cushman, at ux, recorded May 2, 1924 In Book 86 of Official Records, page 63, thence along the Easterly Iinet of said 0.617 acre tract and the center Iine of Short Road, as said Short Road was estabIIshed by the Deed to County of Santa Clara, recorded apr11 22, 1930 In Book 517 Off lclal Records, page 29. North 18 Deg. 180 30" East 267.02 foot to the true point of beginning of this description thence from the true point of beginning and continuing along the center Iine of said Short Road, North 18 Deg. 18* 3010 East 162.00 feat; thence IeavIng sold last named lino, South 72 bog. 251 53" East 373.22 feet; thence South 17 Deg. 43t 30" West 73.12 1set; thence South 18 Deg. 33t 15" East 105.43 feet; fhence North 72 beg. 55, West 437.18 feet to the true point of beginning. Excepting therefrom 0.074 acres lying within the bounds of Short Road, as said Short Road Is described in the Deed to the County of Santa Clara. recorded Aprl1 22, 1930 In Book 517 Off lclal Records, page 29. AKA 15961 Quaf I Hill road APNt 527 -02 -002 ATTACHMENT 6 H I 1 2 PA GE 2 0 3 9 That certain parcel of land shown as Mogens Oleson on the Record of Survey Map fl led for record on Juno 13, 1956 In Book 70 of Maps, at page 29, Santa Clara County Records. AKA: 15951 Quail Mill Road Am 527 -02 -005 1m i - . ATTACMENT 7 a Lands of Limn Parcel C as shown on Record of Survey Map filed for record on June 13, 1956 In Book 70 of Maps, page 29, Santa Clara County Records. AKA: 15941 Quail Hill Road APNt 527 -02 -006 I ATTACHMENT B PI r 12 PA GE 2 0 4 L.aods_ of_ Penny Parcel B as shown on Record of Survey Map fl led for record on June 13, 1956 In Book 70 of Maps, at page 29, Santa Clara County Records. AKA: 15921 Quail HIII Road APN: 527-02 -001 d e i I i l l ATTACHMENT 9 N 1 1 2 PA GE 2 0 4 2 Lands f Pavna Parcel A as shown on Record of Survey fl l ad for record on June 13, 1956 1n Book 70 of Maps at Page 29, Santa Clara County Records. AKA: 15925 Quail MITI Road APNt 52702 -007 i �I I: �I i i J !I VIA U.S. MAIL Richard K. Payne 16216 Kennedy Road Los Gatos, CA 95032 EXHIBIT 3 1969 The Al= da, SWte 200 San Jam, CA 95126 ±> (408) 261 -4252 F (408) 261 -4292 Re: KROUSKUP / QUAIL HILL ROAD Dear Mr. Payne: April 26, 2013 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. 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- 2013.DOCX Brad Krouskup From: Jamie Cardoso [Jamie @rhrc.net] on behalf of Ronald Rossi [ron @rhrc.net] nt: Friday, April 26, 2013 2:34 PM hpastorino@pertria.com Cc: Ronald Rossi Subject: Quail Hill Road Attachments: Payne 4- 26- 2013.pdf Helen 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 would 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, Reischl & Chuck 1960 The Alameda, Suite 200 San Jose, CA 95126 (408) 261 -4252 Fax: (408) 261 -4292 visit RHRC's website ] Get RHRC's latest legal updates on Facebook „ie 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. 1.0 Circulation I The Los Gatos CA Official Site! EXHIBIT 4 Parking and maneuvering areas for emergency vehicles should be provided as required by the Central Fire District. In addition to those parking spaces in not less than four on -site parking spaces shall be 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 bein . considered for development to the nearest improved public road. Access roads shall Dwelling Units Pavement Shoulder Pavement Served Width (Each) Surface 2 -3 18' 3' AC 4 -6 20' 3' AC 7 or more 24' T AC 19. Public Transportation: Any intensive non - residential use shall provide common carrier vehicle service with direct connection to a countywide transit facility. Page 5 of'. EXHIBIT 5 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 feasible to ensure privacy to surrounding neighbors. Standards: 1. Privacy impacts shall be addressed and resolved during the constraints analysis phase and initia esign stage, not wit mitigation measures impose as an afterthought. Sight lines shall be studied so that windows and outdoor areas are placed to maintain privacy. 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 EXHIBIT 6 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 ldings shall be designed to minimize bulk mass and volume so as not to rommently visible from a distance or from surrounEn nrMrtipc 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 RILLSIDE 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. These 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: I. 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 proximity to an accessible hard 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 3i11sideSpecificPlan - 1.0 LandUse I The Los Gatos CA Official Site! EXHIBIT 8 Page 2 of required for all development 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 Uses: 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: W Circulation I The Los Gatos CA Official Site! EXHIBIT 9 Page 2 of 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. 3. 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 intensity shall be limited in accordance with the access provided. ttp: / /www.losgatosca.gov /1150/30- Circulation 8/19/201 LO 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 s are not designed to permit parking. Driveways may be used to provide this 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 beincl 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. Page 5 of, Sec. 29.10.060. - Parking. I Code of Ordinances I Los Gatos, CA I Municode Library Page 24 of 43 EXHIBIT 11 Airport; Solid waste disposal site; Sales of distilled spirits at a service station. The intent of this section is to prohibit uses which might appear to 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. 1407,10-16-78; Ord. No. 1521, 11 -2 -81; Ord. No. 1655, 5- 20 -85; Ord. No. 2023, § III, 11- 18 -96)- Sec. 29.10.046. - Special events. % 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-C: hapter 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. VI M Ma The provisions of sections 29.10.070 through 29.10.295 apply to all zones. (Ord. No. 1316, § 3.00.010, 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. % 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. % 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) W Circulation I The Los Gatos CA Official Site! EXHIBIT 12 Page 5 of 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. EXHIBIT 13 �72-47 -. - rc:e i r e. �CAIIf ECD yQinE C"ahcp reeore -c_ :s i.. 0. t :Parley 9. "Payne, and niana1H:., Payne, Yle ;tern iEil� 6u {ravirGo ®a3ag hie yife.j j;tU4Y .S. M.:'4 a27: . ao 'bayGp_Nr TO Harvey.D.Ross and - f466'ry.d_. ,�} . J,}tlla Faye Rosa, his wife S r ria � AUM T 7 SA RA [t AiA 1UU3. , AS 16INT TENANTS.IE that Mel PAPMY fimtei°the Cocnry a Sr"a cba , sate a ca- iiN desa6,d u Folbn:._ �® ,pus !°r Remrder Beginning s£ -the mact..Sou£berly' corner -of that certain paredl-of land . conveyed-by.Harris, et iux,'to Parley B21ayne;.e;nux, by.Dee of Official "January 21, 1955: and 'recorded January > 955 _.- :. Records; ''page 56B;. thence 1.175°,01' W, along the Southwesterly kris'- - 6f.said parcel of 'land 340.82 feet to the most Westerly corner. thereof;. thence 2i,. 17 0 O8'fi._along the Northwesterly line of._ said parcel of —. land '102.51 feet to an iron pipe.at -the host. Westerly corner -of that. cer�3lm parcel of lend'conveyedl by Parley B.Yeyne, e.t'ux to Clauae K,.Walk, at ux,'by . Deed.dated.Rarch.4; 1957 and reaorde d. Ptarch'4; '1957'.. In Book.3V43 of. offi.ola.b.Records, page 60; thence along the Southerly line of said Walk parcel of 'land the following courses and distances, '-- - ;'72° 52 �. E, 80,00 feet; N. .61? 421'E: 21;60 feet; N. 270.101E. 35.53 . feet; S. 730 01''E, 97-03 feet to' the Southeasterly .corner- of.the. said.:. Walk parcel of .lend; thence S. 44°'O1'-E : x:53, feet t6.ah- .riron. pipe ;. thence S. 75° O1� E,.70.do feet to an pipe on the Easterly ,line of the said -Payne parcel -of eland; thande -S: 7 °.02� W, along'saI Easterly. line to the. point of. beginning and being a..portion. 'ofiot 1 as sho•.m on that certain Man entitled . "Nan of :theSubdivision of�he.H.S.Gardner Estate, . being part of the:Ranch6 . hinconada de Los Gatos, and which Nab was filed'for record 1n the 'OffIce of. the.. Recorder of, the .County - of - Sa`I.I- Clara, State of California, 'on November .23, ?887 in Book "Cl : of Eaps, page 39,1 -:and a portion 6f the 'land described In the Deed from Bob.Harr is, at ux, to Periey.'B.Payne, et .px;,hereinabove- nentlope_d_and ,sho_nt_as Parcel B . on %the'Tlan=of record- of - survey. -- recorded in Book 70 of Hans; par_ 29, Santa` ' Clara' County' Records. -.• - - __ - - sogether with and . as -appurtenant to the above - described 'parcel of land non'- exclusive easements for..Ingress' and - egress and for'the installation and maintenane e.: of'pitbilo,utllities over - and,along. the follo4wIng.$esoribad parcel's' of'—land.. - . ('a )' A'atr ip of land 43 _`feat. wide the, Southwesterly_ line of 1which is 'described as .follows: Beginning at :a point on the_Eesterly :line -of that _- certain 0:617 of an so" parcel- of_1and: conveyed by Fay . Tuber:: and' Sarah_' dipper -, husband and wife, to 'F.C, Cushman by :Deed Idated-Apri1 30, 1924 " _ an3-re_corded-- i'iay -E'` 192?+ --in. Book. 86, at _Official Records; .page 63, Santa . Clara County Records; ..distant. thereon S. 18018 30° We 20,00 feet from the .most •�esterly 'corner of`tnat certain 1.4384 acre - parcel - of�land: descriped In the-. $-ed from L.A.;Heid, et.}ix, to Gino A`.Pasquall; at ux,..dated a 4 37, 1948 and.recorAed Nay.25; 1948 in Book, 1621 of official.. Records, page 47,.:.' 'Sakes Clara County' Recorder' thence parallel with the Southwesterly- line of. -s-did 84 id 1,43: acre parcel of land 5. -' 729.55'z• 437.61 feet- to. apolnt in a line drawn _5,'179 o5' We fr ?r the Southeasterly corner.�of said 1.4384 _ aore_ip °.reel of land.. `' reel of lane. '(b). BeglnnIng at: 'the true point of beginning 'of the pa. ..described in,the.Deed from Farley B.Payne, et. ux, to* Claude Me of AOfficitluRecords!, dated ;Sarah 4, ?957. aril 'r ecorded Harch ,!+,._1957in Foot, 37 3. We 28.30 at par,e 60; thence tr-: 17 °. 05! E. 30_,00 feat; .th ^_nee ar, X8.33,'. 00 "feet; and---- - feet; thence S'. 720 .55' E,56:49 feet; thence of S. 17! of b .5.• - thevco.3L 72° 55' W• 46MO feet to' -'said trite point -�of .begirining.:r {c }= i'erle k Pay^aesetrux.to`ClaudefM that alk ataux datedlCarcb q conveyed -by y' 4 e M. Scial RecGirds, page, b0 - j9K7; recorded Marc 1957" 4,1957 In Vale '37 3.,. Also togeth r with an. appurtenant, easement for 'the In stgllation and. main tenance. of'. a water pipe, line over -along and under that portion of th.: 'fainoennjce,o -S,sa 10 foot strip lying xithln the lands of. the Grantors. in -tile Deed from.doBens olesen et ux, to.ClaudstS. WCtlkr stn eookd379411 P.. Payne at , dated Hay 5,'1957 and recorded. Flay9, 957'} official Rt^cor5s,'page 196; - ..- - A strip of land 10;feet -in width; -5 feet on each side of a-c`enter lipe 'mete_particularlY described' an follows: 1 ' , - Commapcing at;the intersection of 'ths.center line of Short Road and Shannon - Boad ;- .thence Nor- theaeterly along the oenter. line .Qf,Short Road, ,Ni 18° 16'. Er (s g1d:bearing''taken.fo'r purposes ;o£,thli; - description) 'a: distance ' of- 272:50 i'eat; thenoe:3: 720 .1 30'-E,.20.AO.�feet fo.the OO ..po.inttof �beglAniing on-.the Wester —Y lie b�f ha lands of.'John�PTPAI,; apquired..by•Deed recorded December. •30,::194 in .'Book.3050 of Official ._. •s.,, Records page 340, Santa Clara` Couhty,Records';. thence S.'720,171 30" E. - 465,0o feet; thence S. 740 491 30H E;'170.00 feet to the end of the afore -l` ' mentioned -center. line, all within the County - -of -Santa Clars, :State of GO, California - F--. Aeserv,ing from the Parcel of eland firstly, herein described ri�ti; of way for ingress and egress: and for installation and maintenance -of. publio utilities .over, along,. under. and across the property her:-inafter described The Southwesterly and Southeasterly lines of whieh.are more particularly .described as follows: - - - - (a) Beginning at-a .poiut'on. the Southwesterly line of that certain . ' :parcel Of land described in-the Deed. from*Bob -Harrisy:et ux, to Perley B, Fayne; et tix, -by Deed.dated January 21, 1955 and recorded Jan. 21 1955 in Book 3064 of, Official Records, ease 568, Clara.County n Records,: distant.'_ thereon' S.-:7$ °qll E. 40.00 feet from the most Westerly, corner e'. _ of -said parcel of land; thence 'running along -the Southwesterly' line of. said Fayne parcel•of land S; 75° Olt. E. 170.00 feet; thence running in:a direct line Northeasterly. to the- Northwesterly terminus of that liner in ithe. '. pq *cel' of land firstly. herein above described having. : 'course acct distapoe Of S. 750 Olt E..70;00 feet. - - g _ _(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 herein described, thence _along the Northwesterly. lane of said lands N, 17 °,08.! E, 102,51 feet to the Northeasterly line of .said fends: The rights herein .reservedAre to run with and .be appurtenant to the remain_: irig lands of :Grantors. .11i3s. conveyance _pis made and accepted, subjeet to. the.following conditions: (1) That any .fiesi den U91--s tructure erected shall contain.not, less than intaineuare. feet c living area (2) :that: no live*atocj shall bb 'kept re maintained bertha property herein conveyed except; household pets in a reasonable number. vnrHSis' Our.: ; s" 25th a., .r Anrtl 17D ivsu +� Y SfA7E OF fALfFO1tNIA - . CO17PnY OF °"u1O 25th :6i of Anril fs;$, b.ro,r �, :�'F 1 Hilton, ±N.en r, ,c�,ga fm wa,cm;e";es�e, a,; y,p .: Parley.r3 Payne and Diana H xygyie . br the petwa shnse wmea are avbW,'y� to do fo : g'uu Jton4 a aK to _B�6 . 1M;amme6, they rmvtal dr ssme mot' � ti o q 0 0 Q $ aR �� v V h Ilit 29 b a of �o aah\, � L o ea W A F w n W F EXHIBIT 14 .Q 0 Q 3 �v o e 4 �e h g e w � m e 2 � V h O o ti o q 0 0 Q $ aR �� v V h Ilit 29 b a of �o aah\, � L o ea W A F w n W F EXHIBIT 14 .Q 0 Q 3 �v o e 4 �e h g e w � m e 2 � V Rl 4 X::Cl B I i2dr, �r 3a v m� ev by my wee � o m� \pN O Z l ��N0e ��VNxSxSV y q�q J R�Ck: xq q•O g`ab� 119 z 0 0 nN `aN v h o� e$ 9 w d E a 3 eN C y � a h W � y V \ 0 a8a [it] e 41 V W V U � h 4 T C O� w a� kf Rl 4 X::Cl B I i2dr, �r 3a v m� ev by my wee � o m� \pN O Z l ��N0e ��VNxSxSV y q�q J R�Ck: xq q•O g`ab� 119 z 0 0 nN `aN v h o� e$ 9 w d E a 3 eN C y � a h W � y V \ 0 a8a [it] IN 1 N EXHIBIT 15 RF- ,ORDING REQUESTED BY: Old Republic Title Company "°der No.: 0631011561 -LN APN: 527 -02 -001 When Recorded Mail Document and Tax Statements to: Brad Krouskup & Dana Krouskup 15921 Quail Hill Road Los patos, Ca., 95032 DOCUMEPT: 20108580 '�IM�pIt111E81 -. REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republic Title Company 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. O Unincorporated area: (X) City of Los Gatos Pages .c AMT PAID 3105.00 ABOVE THIS LINE IS FOR RECOROERS USE ROE # 006 1/23/2009 8:00 AM 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 d - 11/15/2 Opl and Dana B. Krouskup, Trustees of The Krouskup 2001 Living Trust 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. �dte: _January 20, 2009 JC 2007 Residence Trust, dated January 3,1,,, 220007 By: - W 0 UODI I. Curtis, Trustee State of California County of Santa Clara EC 2007 ide c ru ,dated ry 1, 2007 By: Curtis, Trustee On l — �- I — a 4i before me, b4v 10 V1,-1 Zey 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 PENALT((((Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an( o Icial seal. Signature ,1e David M. Ziel (typed or printed) ® cmcaaaae® ®eee+3€ ®ee ®e�aESeeefaeee ®�n�Ee� DAVID P M. ZIEL A NO 17808015 .W IAHY ✓UBLIC CALIFORNIA s (Areale oau,. ` (% y}'�ai FsdMrDffA CLARA I @4oassmos ®nwManeaesnueaoam NOV u1uu 011 O Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE ORDER NO.: 0631011561 -LN EXHIBIT Q 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 170 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 720 52' East 80.00 feet North 610 42' East 21.60 feet; North 270 10' East 35.53 feet; South 750 01' East 97.03 feet to the Southeasterly corner of the said Walk parcel; thence South 440 01' East 58.53 feet to an iron pipe; thence South 751 01' East 70.00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 70 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 180 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 170 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 170 05' East 30.00 feet; thence North 180 33' 50" West 28.30 feet; thence South 720 55' East 56.49 feet; thence South 170 O5' West 53.00 feet; and thence North 730 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 721 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 720 17' 30" East 465.00 feet; thence South 740 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 i m o a _ a a� a - o 3 v q r \ \ u 9 a I1 G J fJ V N 9 U' w C lO N ry] ro V E c [a {t3 mY��99O0 � � m a 'UG d 4a0i a e-+ w0+ M h m M 2 H U V ¢ F 9rl O i` N m 1 09'x91 w I F - 'I 1 a 1 'S3 0 1 ¢ �1 01 1 AI b� NI T 21� rcF U ? ¢ u d ¢ M '0 �pM '^ NI "tV O. im u cj O m b t Q,I .4) � a w 15201 a w d MI y' O V U c c P> W -c °� rn E •y �, C 6> N N 5 z91 o c o c m "0 N Y N y/ 0 m N N K w z IX m I `'i Homeowner'sPo/%yofTit®einsarana EXHIBIT 16 Fora One- To- FourFasnfiyRagidence TssuedBy. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South, Minneapolis, Minnesota 55401 Policy Number A04016 -FTEA- 124533 * OWNER'S INFORMATION SHEET k Your Title Insurance Policy is a legal contract between You and Us. x It applies only to a one-to -four family residence and only if each insured named in Schedule A is �r a Natural Person. If the Land described in Schedule A of the Policy is not an improved residential if 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. The Policy is limited by: • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions on page 3 • Exclusions on page 3 • Conditions on pages 4, 5, and 6 You should keep the Policy even if You transfer Your Title to the Land. 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 This Policy is not complete without Schedules A and B and the Conditions nRNT Fnrm i i nS — ri TG Hnmornnrncr'c Pnliry of TiHc ina iranrc H nl?wn Z\ P�nc , PAGE PAGE OWNER'S COVERAGE STATEMENT 2 CONDITIONS 4, Sand 6 COVERED RISKS 2 and 3 1. Definitions 4 OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS 3 2. Continuation of Coverage 4 SCHEDULE A INSERT 3. How to Make a Claim 4 Policy Number, Premium, Date [and time] and Amount 4. Our Choices When We Learn of a Claim 4 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 F"rLUSIONS 3 11. Arbitration 6 This Policy is not complete without Schedules A and B and the Conditions nRNT Fnrm i i nS — ri TG Hnmornnrncr'c Pnliry of TiHc ina iranrc H nl?wn Z\ P�nc , Owner's Coverage Statement s Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy, resulting from the ered 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. 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, incompetency 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 loan 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 Paco 2 Covered Risks 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 setback 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 Our Duty To Def We will defend Your Title in any legal action only as to that part of the 'ion which is based on a Covered Risk and which is not excepted or Jded 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 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. and Against Legal Actions 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. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. Building L. Zoning c. Land use d. Improvements on the Land a. Land division I. 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, 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; L. 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. 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. OR NT Fnrm 11 nR — CI TA Hnmanwnar'c Pnliry of Tifla inn iranra ! 10 /?WMI pa„p ? 2. Conditions Definitions: 3, How To Make A Claim a. Easement- the right of someone else to use the Land a. Prompt Notice Of Your Claim for a special purpose (1) As soon as You Know of anything that might be b. Known- things about which You have actual covered by this Policy, You must notify Us knowledge. The words "Know" and "Knowing" have promptly in writing the same meaning as Known (2) Send Your notice to Old Republic National Title c. Land- the Land or condominium unit described in Insurance Company, 400 Second Avenue South, paragraph 3 of Schedule A and any improvements on Minneapolis, Minnesota 55401 (612) 371 -1111 the Land which are real property. Attention: Claims Department. Please include the d. Mortgage- a mortgage, deed of trust, trust deed or Policy number shown in Schedule A, and the other security instrument. county and state where the Land is located. e. Natural Person- a human being, not a commercial or Please enclose a copy of Your policy, if available. legal organization or entity. Natural Person includes a (3) If You do not give Us prompt notice, Your trustee of a Trust even if the trustee is not ahuman coverage will be reduced or ended, but only to the being. extent Your failure affects Our ability to resolve f. Policy Date- the date and time shown in Schedule A. the claim or defend You. If the insured named in Schedule A first acquires the b. Proof Of Your Loss interest shown in Schedule A by an instrument (1) We may require You to give Us a written statement recorded in the Public Records later than the date and signed by You describing Your loss which includes: time shown in Schedule A, the Policy Date is the date (a) the basis of Your claim; and time the instrument is recorded. (b) the Covered Risks which resulted in Your loss; g. Public Records- records that give constructive notice (c) the dollar amount of Your loss; and of matters affecting Your Title, according to the state (d) the method You used to compute the amount of statutes where the land is located Your loss. h. Title- the ownership of Your interest in the land, as (2) We may require You to make available to Us records, shown in Schedule A. checks, letters, contracts, insurance policies and L Trust- a living trust established by a human being for other papers which relate to Your claim. We may estate planning. make copies of these papers j. We /Our /Us- Old Republic National Title Insurance (3) We may require You to answer questions about Your k. You /Your- the insured named in Schedule A and also claim under oath. those identified in paragraph 2.b of these Conditions. (4) If You fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available Continuation of Coverage: to Us the papers We request, Your coverage will be a. This Policy insures You forever, even after You no reduced or ended, but only to the extent Your failure longer have Your Title. You cannot assign this Policy to or refusal affects Our ability to resolve the claim or anyone else. defend You. b. This Policy also insures: (1) anyone who inherits Your Title because of Your 4, Our Choices When We Learn Of Claim death; a. After We receive Your notice, or otherwise learn, of a (2) Your spouse who receives Your Title because of claim that is covered by this Policy, Our choices include dissolution of Your marriage; one or more of the following: (3) The trustee or successor trustee of a Trust to (1) Pay the claim whom You transfer Your Title after the Policy (2) Negotiate a settlement. Date; or (3) Bring or defend a legal action related to the claim. (4) The beneficiaries of Your Trust upon Your death. (4) Pay You the amount required by this Policy. c. We may assert against the insureds identified in paragraph 2.1b. any rights and defenses that We have against any previous insured under this Policy. ORNT Form 1108 - CLTA Homeowner's Policv of Title Insurance (10/22/031 Da, Order No: "(:y No: Policy Amount: $ 0631011561 -LN A04016 -FTEA- 124533 2,800,000.00 SCHEDULEA Premium : $ Date of Policy: Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 14,15,16 and 18 5,104.00 January 23rd, 2009 at 8:00:00 AM 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: 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: PaG 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 750 01' West along the Southwesterly line of said Parcel 340.82 feet to the most Westerly corner thereof; thence North 171 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 1 of 6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) [nhn.Vln A Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1.00% of Policy Amount $10,000.00 or $2,500.00 (whichever is less) Covered Risk 15: 1.00% of Policy Amount $25,000.00 or $5,000.00 (whichever is less) Covered Risk 16: 1.00% of Policy Amount $25,000.00 or $5,000.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount $5,000.00 or $2,500.00 (whichever is less) Street Address of the Land: 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: 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: PaG 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 750 01' West along the Southwesterly line of said Parcel 340.82 feet to the most Westerly corner thereof; thence North 171 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 1 of 6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) [nhn.Vln A of land the following courses and distances, South 72° 52' East 80.00 feet North 610 42' East 21.60 feet; North 27° 10' East 35.53 feet; South 751 01' East 97.03 feet to the Southeasterly corner of the said Walk parcel; thence South 440 01' East 58.53 feet to an iron pipe; thence South 750 01' East 70.00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 71 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 181 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 720 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 170 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 171 05' East 30.00 feet; thence North 180 33' 50" West 28.30 feet; thence South 720 55' East 56.49 feet; thence South 170 05' West 53.00 feet; and thence North 730 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 181 16' East (said bearing taken for purposes of this description) a distance of 272.50 feet; thence South 720 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 720 17' 30" East 465.00 feet; thence South 741 49' 30" East 170.00 feet to the end of the aforementioned center line. APN: 527 -02 -001 A525 -15 -022 Page 2 of _6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) irh PrilllP A Page 3 of 6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) C,h.H.d. C Policy No A04016 -FTEA- 124533 SCHE®ULEB Exceptions In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1 2 3 0 Taxes and assessments, general and special, for the fiscal year 2009 - 2010, a lien, but not yet due or payable. Taxes and assessments, general and special, for the fiscal year 2008 - 2009, as follows: Assessor's Parcel No 527 -02 -001 Code No. 03 -000 1st Installment $21,536.09 Marked Paid 2nd Installment $21,536.09 Marked Paid Land Value $1,734,000.00 Imp. Value $1,989,000.00 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 DATE OF THIS POLICY An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Grant Deed Joint Tenancy Reserved By Perley B. Payne and Diana H. Payne, his wife For Ingress and egress and for installation and maintenance of public utilities Recorded May 5, 1958 in Book 4067 of Official Records, Page 280 under Recorder's Serial Number 1466353 Affects The Southwesterly and Southeasterly lines of which are more particularly described as follows: Page 4 of 6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22103) Crh.,fi la R 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. 750 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. 751 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. 750 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. 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." 6. Agreement for The Use and Maintenance of Quail Hill Road, Los Gatos, California Executed By 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 and Between 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,5of 6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22/03) 0 Policy No A04016 -FTEA- 124533 NOTE: No representation is made herein as to the relative priorities between any deeds of trust and /or any claims of lien shown herein. 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 bxistence 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. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $625,500.00 Trustor /Borrower Brad W. Krouskup and Dana B. Krouskup, Trustees of the Krouskup 2001 Living Trust Dated 11/15/2001 Trustee PRLAP,Inc. Beneficiary/Lender Bank of America, N.A. Dated January 21, 2009 Recorded January 23, 2009 in Official Records under Recorder's Serial Number 20108581 Loan No. 6727846732 Returned to FL9- 700- 01 -01, Jacksonville Post Closing, 9000 Southside Boulevard, Building 700, File Receipt Department, Jacksonville, FL 32256 Page 6 of 6 Pages ORNT Form 1106 CLTA Homeowner's Policy of Title Insurance (10/22103) Conditions agraph 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. Hand ling A C /aim 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) (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 3ose, 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. S. Entire Contrail 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, Seuerability 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 Attest President Secretary [sue 9 I P EXHIBIT 17 03 0- �6 N �0 ;P f t KEY TO EASEMEiqT(S) Escrow No.: r 6 316j(156 I Prelim Date: �/'2 r1 3.608 a CO SwtiL r SL -SLY L.tNes NOTICE: This is neither a plat nor a survoy. it Is furnished merely ra a convenience to aid p_u In Locating the land Inr.::cated hzmeon with ro;erarca to stree- and Came., land. h!o IlablI ty Is assured by raason of any rellance hereon. "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 liability for any loss occuring by reason of reliance thereon. It-is recommended that a survey be obtained from a licensed professional to determine actual locations." T i`i SwtiL r SL -SLY L.tNes NOTICE: This is neither a plat nor a survoy. it Is furnished merely ra a convenience to aid p_u In Locating the land Inr.::cated hzmeon with ro;erarca to stree- and Came., land. h!o IlablI ty Is assured by raason of any rellance hereon. "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 liability for any loss occuring by reason of reliance thereon. It-is recommended that a survey be obtained from a licensed professional to determine actual locations." EXHIBIT 18 ( ®LD REPUBLIC i� TITLE COMPANY PRELIMINARY REPORT Issued for the sole use of: INTERO REAL ESTATE 518 NORTH SANTA CRUZ AVENUE LOS GATOS, CA 95030 Attention: BOBBY DELGADO Buyer: Brad Krouskup Property Address: 15921 Quail Hill Road, Los Gatos, CA 95032 2105 S. Bascom Avenue, Ste. 120 Campbell, CA 95008 (408) 371 -9950 Fax: (408) 331 -3209 SECOND AMENDED REPORT Our Order Number 0631011561 -LN Customer Reference 15921 QUAIL HILL When Replying Please Contact: Lisa Nunes (408) 371 -9950 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 either 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 7:30 AM OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to, See Attached Page 1 of 10 Pages nRT 41 SR -A IRPV. MAI110X1 OLD REPUBLIC 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 750 01' West along the Southwesterly line of said Parcel 340.82 feet to the most Westerly corner thereof; thence North 171 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 720 52' East 80.00 feet North 610 42' East 21.60 feet; North 271 10' East 35.53 feet; South 75101' East 97.03 feet to the Southeasterly corner of the said Walk parcel; thence South 440 01' East 58.53 feet to an iron pipe; thence South 750 01' East 70.00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 70 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 180 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 721 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 170 05' West from the Southeasterly corner of said 1.4384 acre parcel. 2 of nRT Al SA,R OLD REPUBLIC 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 180 33' 50" West 28.30 feet; thence South 720 55' East 56.49 feet; thence South 170 05' West 53.00 feet; and thence North 730 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 272.50 feet; thence South 720 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 720 1730" East 465.00 feet; thence South 740 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: 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 nRT 11 SA -R 527 -02 -001 03 -000 $21,536.09 $21,536.09 $1,734,000.00 $1,989,000.00 3of10 Marked Paid NOT Marked Paid 3. 91 5. I ORT i1 SR -H OLD REPUBLIC TITLE COMPANY ORDER NO, 0631011561 -LN SECOND AMENDED REPORT 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 is $10,885.50 and by March 31, 2009 is $11,018.47 Assessor's Parcel No. 527 -02- 001 -51 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 is $5,590.57 and by March 31, 2009 is $5,658.82 Assessor's Parcel No. 527 -02- 001 -61 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. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Grant Deed Joint Tenancy Reserved By Perley B. Payne and Diana H. Payne, his wife For Ingress and egress and for installation and maintenance of public utilities Recorded May 5, 1958 in Book 4067 of Official Records, Page 280 under Recorder's Serial Number 1466353 Affects The Southwesterly and Southeasterly lines of which are more particularly described as follows: 4of10 OLD REPUBLIC 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. 750 011 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. 750 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. 750 01f 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. 170 08' E. 102.51 feet to the Northeasterly line of said lands. 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. 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." f1RT 11 Q -R OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561 -LN SECOND AMENDED REPORT 8. Agreement for The Use and Maintenance of Quail Hill Road, Los Gatos, California Executed By 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 and Between 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 Western Traction Company Debtor Eric Curtis, individually and dba Curtis Backhoe Service Entered April 6, 2001 Court Superior Court of California, Alameda County Case No. 00- 0100431 Amount $9,752.80 Dated March 28, 2001 Recorded October 26, 2001 in Official Records under Recorder's Serial 7700189113 Number 15930194 10. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $2,550,000.00 Trustor /Borrower Eric B. Curtis and Joni I. Curtis, husband and wife as joint tenants Trustee Stewart Title of California Beneficiary/Lender Mortgage Electronic Registration Systems, Inc., solely as nominee for Silver State Financial Services, Inc. dba Silver State Mortgage Dated November 27, 2006 Recorded November 27, 2006 in Official Records under Recorder's Serial Number 19200548 Loan No. 7700189113 "MIN" 1001631770086 Returned to 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 6of10 11 12. 13. nPT i1SR -R OLD REPUBLIC TITLE COMPANY ORDER NO. 0631011561 -LN SECOND AMENDED REPORT 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. 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 19531878 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. Claim of Lien for labor materials and /or services furnished as follows: 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 Number 20038271 Records under Recorder's Serial 1011 Cedar Street, Santa Cruz, CA 95060 7of10 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 River City Petroleum, Inc. Debtor Joni Curtis Entered November 12, 2008 Court Yolo Superior Case No. CV08 -2155 Amount $47,995.85 Dated December 2, 2008 Recorded December 12, 2008 in Official Records under Recorder's Serial Number 20067036 Creditor Address & Phone 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. Ii MT 91 SR -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: 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 IC 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. 9of10 naT 119R-R 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 10 of 10 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: 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, 16, 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 Page 1 of 2 Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Your Deductible Amount Covered Risk 14: 1.00% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 15: 1.00% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 16: 1.00% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 18: 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 POLICY 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 loss 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 8. 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 Polity, 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 11(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 survey 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 - Bliley 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 nonpublic 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 nonpublic 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 PERMITTED 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. OPT 287 -C 5/07/01 0 N J u a a v 1 m u 0 W n A F 8 O O w u 0 w ® o a� a _ o� o� m� I �I g O q1 r al v zm vl O NI wz 1 a I z m I a r � m o I o - -- ( InK 01,291 W I f LS z I w 4 Q P O ml n m PI NI ml 1 I n 1 Ih B 6 O S )yy $ m w� J 6 &1 I( Ls W; � „^ hl r Z: OE 521 IS ?01 Q N M 1 r M � z � O a b �I g O q1 r al v zm vl O NI wz 1 a I z m I a r � m o I o - -- ( InK 01,291 W I f LS z I w 4 Q P O ml n m PI NI ml 1 I n 1 Ih B 6 O S )yy $ m w� J 6 &1 I( Ls W; � „^ hl r Z: OE 521 IS ?01 Q N 62 $I0 ..,IUE'®LZ) (62'502) 21 EL Jy K 0 02 W G e dI o z G O M L a G p • d m 4 N 0 a� 4 N P_ L9 g I n 2' Z91 1 (3vou -0-A- 18 0WS � M m � R EXHIBIT 19 Brad Krouskup From: Tom Judd [TJudd @ortc.comj t; 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, 5/511953, 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 I Santa Clara County T: 408.296.4500 1 F: 408.249.2314 1 Shortel: 42020 tiudd(a)ortc.com Old Republic Title 9 04 Airport Parkway, Ste 150 1 San Jose, CA 95110 .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. EXHIBIT 20 Brad Krouskup From: Fletcher Parsons [fparsons @losgatosca.gov] 7t: Monday, August 17, 2015 10:46 AM Brad Krouskup Subject: FW: 15925 Quail Hill Road Attachments: 12254532.TI F 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 Mami: 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 cant' 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 report. I will bring a copy of this doc tomorrow. Sabrina ---- - - - - -- Forwarded message ---- - - - - -- From: Carlson, Greg <Rcarlson(crfirstam.com> Date: Mon, Aug 17, 2015 at 9:56 AM Subject: RE: 15925 Quail Hill Road To: Sabrina Dong <sabrina.dongnn Rmail.com> Sabrina, Per our discussion we did not find a grant deed that created the easement that reflected the width of the 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 a�i APal rid, k Ftrst 1f1 177CriC217 Northern California Underwriting Department 4750 Willow Road, Suite 100 Pleasanton, CA 94588 T 925.225.2636 F 925.225.2678 emall ocarlson(alfirstam.com From: Sabrina Dong [ mailto:sabrina.dong@cjmail.coml Sent: Monday, August 17, 2015 9:44 AM 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 of los gatos, we were actively wotking on the.issue. thanks so much for your help. sabrina and kevin hwang On Aug 11, 2015 4:48 PM, "Sabrina Dong° <sabrina.dong@Zmail.com> wrote: thanks, Greg Aug 11, 2015 4:39 PM, "Carlson, Greg" «Carlson firstam.COm> wrote: Iii Sabrina, Per our conversation I've attached a copy of our claims submission form. Please complete it to the best of your Let me know if you have any questions. Greg Carlson Senior Underwriter Manager Title Advisory Services Northern California r.`4 nMr,n,n t �d E F dJ -t c` inert1 rla Northern California Underwriting Department 4750 Willow Road, Suite 100 'asanton, CA 94588 25.225.2636 1'- 925.225.2678 email ocarlson(a)firstam.com