HomeMy WebLinkAboutCC 04-07-2026 Item No. 11 Harvest Properties_Supplemental ReportCC 4-07-2026
#11
Harvest Properties
Supplemental Report
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: April 7, 2026
Agenda Item #11
Subject
Consider a Use Permit, Tentative Map, Architectural and Site Approval, and Tree Removal
Permit for the construction of a 122-unit residential development, consisting of 66 small-lot single
family homes and 56 townhomes located at the Stevens Creek Office Center site, which includes
a multi-tenant retail building (Voyager Coffee and Panera Bread). The project utilizes Senate Bill
330 and provisions of State Density Bonus law. (Application No(s): U-2024-008, TM-2024-006,
ASA-2024-011, TR-2024-033; Applicant: Kevin Choy, Harvest Properties; Location: 20807, 20813,
20823 & 20883 Stevens Creek Blvd; APNs: 326-32-050, -051, -052, and -053.)
Recommended Action
1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA);
and
2. Approve the following permits:
a. Adopt Resolution No. 26-037 approving Use Permit (U-2024-008) (Attachment A);
b. Adopt Resolution No. 26-038 approving Architectural & Site Approval Permit (ASA-2024-
011) (Attachment B);
c. Adopt Resolution No. 26-039 approving Tentative Map (TM-2026-006) (Attachment C);
d. Adopt Resolution No. 26-040 approving Tree Removal permit (TR-2024-033) (Attachment
D).
Background:
Following publication of the staff report, a request was made for the Preliminary Title Report for
the project site, as well as the Preliminary Fire Access Plan. The Preliminary Fire Access Plan was
included in Attachment J as Sheet C23 in the City Council agenda packet. The Preliminary Title
Report is attached to this supplemental report as Attachment K.
Attachments Provided with Original Staff Report:
A. Draft Resolution for U-2024-008
B. Draft Resolution for ASA-2024-011
C. Draft Resolution for TM-2024-006
D. Draft Resolution for TR-2024-033
E. Relevant State Law
F. Arborist Report and Peer Review
G. CEQA Exemption Memorandum
H. Public Comment
I. Site Plan and Renderings
J. Complete Plan Set
Attachments Provided with Supplemental 1:
K. Preliminary Title Report and Attachments
Order Number: NCS-1213510-SC
Page Number: 1
First American Title Insurance Company
October 31, 2024 Update
First American Title Insurance Company
National Commercial Services
333 W. Santa Clara Street, Ste. 220
San Jose, CA 95113-1714
Blair Volckmann
Harvest Properties
2800 Campus Drive, Suite 125
San Mateo, CA 94403
Escrow Officer: Carol M. Herrera
Phone: (408)451-7829
Email: cmherrera@firstam.com
Property: 20807, 20813, 20823, 20883, Stevens Creek Boulevard, Cupertino,
CA, 95014
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this 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 encumbr ance 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 CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are al so 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 issuanc e 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 pol icy of title
insurance, a Binder or Commitment should be requested.
Order Number: NCS-1213510-SC
Page Number: 2
First American Title Insurance Company
Dated as of October 25, 2024 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Stevens Creek OCA Owner, LLC, a Delaware limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee as to Parcels One, Two, Three and Four; easements as to Parcels Three-A, Five and Six
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $29,855.92, OPEN
Penalty: $0.00
Second Installment: $29,855.92, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-050
(Portion of Community Facilities District included)
(Affects Parcel Two)
1A. General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $30,551.24, OPEN
Penalty: $0.00
Second Installment: $30,551.24, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-051
(Portion of Community Facilities District included)
Order Number: NCS-1213510-SC
Page Number: 3
First American Title Insurance Company
(Affects Parcel Three)
1B. General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $36,163.30, OPEN
Penalty: $0.00
Second Installment: $36,163.30, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-052
(Portion of Community Facilities District included)
(Affects Parcel Four)
1C. General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $74,184.75, OPEN
Penalty: $0.00
Second Installment: $74,184.75, OPEN
Penalty: $0.00
Tax Rate Area: 013-003
A. P. No.: 326-32-053
(Portion of Community Facilities District included)
(Affects Parcel One)
2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 2013-1, as disclosed by Notice of
Special Tax Lien recorded January 22, 2014 as Document No. 22502535 of Official Records, a lien not
yet due or payable.
(Affects all Parcels)
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
4. An easement for public utilities, storm drainage and sanitary sewer construction and maintenance
and incidental purposes, recorded July 01, 1968 as Document No. 3441950 and Book 8176, Page
95 of Official Records.
In Favor of: City of Cupertino, a municipal corporation
Affects: as described therein
(Affects Parcel One)
Order Number: NCS-1213510-SC
Page Number: 4
First American Title Insurance Company
5. An easement for utilities and incidental purposes, recorded July 17, 1973 as Document No. 4563944
and Book 0473, Page 551 of Official Records.
In Favor of: Pacific Gas and Electric Company, a California corporation
Affects: as described therein
(Affects Parcels Three and Four)
6. An easement for 20’ wide water line and incidental purposes in the document recorded November 07,
1973 as Document No. 4644993, Book 0640, Page 205 of Official Records.
(Affects Parcels One and Two)
7. An easement for utilities and incidental purposes, recorded January 23, 1974 as Document No.
4690926, Book 0736, Page 412 of Official Records.
In Favor of: Pacific Gas and Electric Company, a California corporation
Affects: as described therein
(Affects Parcel One)
The location of the easement cannot be determined from record information.
The terms and provisions contained in the document entitled "Notice of Final Description"
recorded December 26, 1980 as Document No. 6936802 and Book F812, Page 204 of Official
Records.
The effect of a document entitled "Quitclaim Deed", recorded June 21, 1984 as Document No.
8446655, Book J380, Page 289 of Official Records.
8. The terms and provisions contained in the document entitled "Declaration of Covenants Running with
the Land" recorded August 11, 1980 as Document No. 6801243, Book F496, Page 692 of Official
Records.
(Affects all Parcels)
Document(s) declaring modifications thereof recorded December 27, 2004 as Document No.
18162144 of Official Records.
9. An easement shown or dedicated on the map of Parcel Map recorded November 04, 1980 on file in
Book 474, Page 37 and 38, of Maps.
For: Public utility, private sanitary sewer and incidental purposes.
(Affects Parcels One, Two and Three as to public utility easement and Parcel One as to private
sanitary sewer easement)
10. An easement shown or dedicated on the map of Parcel Map recorded December 30, 1980 on file in
Book 477, Page 51 and 52, of Maps.
For: Public utility, private sanitary sewer and incidental purposes.
Order Number: NCS-1213510-SC
Page Number: 5
First American Title Insurance Company
(Affects Parcels One, Three and Four as to public utility easement and Parcels One and Four as to
private sanitary sewer easement)
11. An easement for utilities and incidental purposes, recorded March 26, 1981 as Document No.
7015056, Book F983, Page 403 of Official Records.
In Favor of: Pacific Gas and Electric Company, a California corporation
Affects: as described therein
(Affects Parcels One, Three and Four)
12. An easement for gas pipelines and incidental purposes, recorded April 02, 1984 as Document No.
8022079, Book I424, Page 356 of Official Records.
In Favor of: Pacific Gas and Electric Company, a California corporation
Affects: as described therein
(Affects Parcel One)
13. The terms and provisions contained in the document entitled "Declaration of Covenants Runnings
with the Land" recorded July 19, 1984 as Document No. 8131895, Book I732 Page 542 of Official
Records.
(Affects Parcels One, Three and Four)
14. An easement for construct, inspect, maintain and use facilities, also ingress thereto and egress
therefrom and incidental purposes, recorded June 21, 1985 as Document No. 8446653, Book J380,
Page 284 of Official Records.
In Favor of: Pacific Gas and Electric Company, a California corporation
Affects: as described therein
(Affects Parcels One, Three and Four)
15. The terms and provisions contained in the document entitled "Maintenance Agreement"
recorded December 02, 2004 as Document No. 18123955 of Official Records.
(Affects Parcel Three)
16. An unrecorded lease dated October 29, 2004, executed by Stevens Creek Retail Associates, LLC, a
California limited liability company, successor in interest to Stevens Creek Office Center Associates,
LTD, a California limited partnership as lessor and Panera, LLC, a Delaware limited liability company
as lessee, as disclosed by a Memorandum of Lease recorded August 04, 2005 as Document No.
18510113 of Official Records.
(Affects Parcel Three)
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records.
Order Number: NCS-1213510-SC
Page Number: 6
First American Title Insurance Company
17. The Terms, Provisions and Easement(s) contained in the document entitled "Covenant for Easement
Agreement to Grant Future Reciprocal Ingress/Egress Easement" recorded April 06, 2005
as Document No. 18306286 of Official Records.
(Affects Parcel Three)
Said document does not contain a legal description.
18. An easement for U/G electric and incidental purposes, recorded October 26, 2005 as Document No.
18643320 of Official Records.
In Favor of: Pacific and Electric Company, a California corporation
Affects: as described therein
(Affects Parcel Three)
19. The Terms, Provisions and Easement(s) contained in the document entitled "Reciprocal Easement
Agreement" recorded February 27, 2015 as Document No. 22865836 of Official Records.
(Affects Parcel Three)
20. The terms, provisions and easement(s) contained in the document entitled "Storm Drainage Overland
Release Easement Agreement" recorded February 27, 2015 as Document No. 22865837 of Official
Records.
(Affects Parcel Three)
21. Water rights, claims or title to water, whether or not shown by the Public Records.
22. Rights of tenants in possession of the Land, as tenants only, without options to purchase or rights of
first refusal to purchase.
23. A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded September 25,
2020 as Document No. 24630474 of Official Records.
Dated: September 25, 2020
Trustor: Stevens Creek OCA Owner, LLC, a Delaware limited liability
company
Trustee: Brenda S. Tyler
Beneficiary: Principal Life Insurance Company, an Iowa corporation
24. A financing statement recorded September 25, 2020 as Document No. 24630475 of Official Records.
Debtor: Stevens Creek OCA Owner, LLC
Secured party: Principal Life Insurance Company
(Affects all Parcels)
Order Number: NCS-1213510-SC
Page Number: 7
First American Title Insurance Company
INFORMATIONAL NOTES
ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closi ng.
1. According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Commercial Structure known as 20807, 20813, 20823 and 20883
Stevens Creek Boulevard, Cupertino, CA.
2. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
3. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land that
is to be described in the policy or policies to be issued.
4. Should this report be used to facilitate your transaction, we must be provided with the following prior
to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2. A full copy of the partnership agreement and any amendment;
3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
Order Number: NCS-1213510-SC
Page Number: 8
First American Title Insurance Company
4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of
any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the terms and
provisions of the title insurance policy, if any, to which this map is attached.
Order Number: NCS-1213510-SC
Page Number: 9
First American Title Insurance Company
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Parcel One:
Parcel 1 as shown on Lot Line Adjustment, as evidenced by document recorded November 15, 1983, as
Instrument No. 7884481, in Book I065, Page 685 and recorded July 31, 2014, as Instrument No.
22667359, both of official records, being more particularly described as follows:
All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, and as
shown on that PARCEL MAP filed for record in the office of the County Recorder, Santa Clara County,
State of California, on December 30, 1980, in Book 477 of Maps, at Pages 51 and 52 and more
particularly described as follows:
Beginning at the most Northwest property corner of Lot 1, as shown on the aforementioned PARCEL
MAP, thence along the right-of-way line of Alves Drive 60 'wide), East 159.98 feet to a point of curvature;
Thence along a tangent curve to the right, having a radius of 170.00 feet, through a central angle of 31°
30' 00" for an arc distance of 93.46 feet;
Thence along a tangent curve to the left, having a radius of 220.31 feet, through a central angle of 31°
32' 20" an arc distance of 121.27 feet;
Thence North 89° 57' 40" East 34.23 feet;
Thence leaving the right-of-way line of Alves Drive, South 0° 00' 15" West 378.80 feet;
Thence South 89° 54' 03" West 149.34 feet;
Thence South 0° 05' 57" East 190.35 feet;
Thence South 89° 54' 03" West 31.27 feet;
Thence South 0° 05' 57" East 152.00 feet to Stevens Creek Boulevard;
Thence along the Northerly right-of-way line for Stevens Creek boulevard South 89° 54' 03" West 30.88
feet;
Thence North 0° 05' 57" West 194.00 feet;
Thence South 89° 54' 03" West 186.64 feet;
Thence North 0° 02' 15" West 585.33 feet to the Point of Beginning.
Excepting therefrom all water rights without right of surface entry as granted to the City of Cupertino, a
municipal corporation in the instrument recorded April 6, 1973 as Document No. 4488922 and in Book
0315 Page 602, official records, and as granted to California Water Service Company, a California
Corporation, by instrument recorded October 30, 1973 as Document No. 4640340 and in Book 0631 at
Page 16 of official records, Santa Clara County.
Parcel Two:
Order Number: NCS-1213510-SC
Page Number: 10
First American Title Insurance Company
All of Parcel B, as said parcel is shown on that certain parcel map entitled, "PARCEL MAP ", being a
portion of the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, M.D.B. and M. ", which
map was filed for record in the office of the recorder of Santa Clara, State of California on November 4,
1980 in Book 474 of Maps at Pages 37 and 38.
Excepting therefrom all water rights without right of surface entry as granted to the City of Cupertino, a
municipal corporation in the instrument recorded April 6, 1973 as Document No. 4488922 and in Book
0315 Page 602, official records, and as granted to California Water Service Company, a California
corporation, by instrument recorded October 30, 1973 as Document No. 4640340 and in Book 0631 at
Page 16 of official records, Santa Clara County.
Parcel Three:
Parcel 3 as shown on Lot Line Adjustment, as evidenced by document recorded November 15, 1983, as
Instrument No. 7884481, in Book I065, Page 685 and recorded July 31, 2014, as Instrument No.
22667359, both of official records, being more particularly described as follows:
All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, and as
shown on that PARCEL MAP filed for record in the office of the County Recorder, Santa Clara County,
State of California, on December 30, 1980, in Book 477 of Maps, at Pages 51 and 52 and more
particularly described as follows:
Beginning at the Northeast property corner of Lot 3, as shown on the aforementioned PARCEL MAP, said
point also being the Southeast property corner of Lot 2, as shown on said map;
Thence South 0° 00' 15" East 189.00 feet to Stevens Creek Boulevard;
Thence along the right-of-way line for Stevens Creek boulevard South 89° 54' 03" West 180.00 feet;
Thence North 0° 05' 57" West 152.00 feet;
Thence North 89° 54' 03" East 122.84 feet;
Thence North 0° 05' 57" West 37.00 feet;
Thence North 89° 54' 03" East 57.50 feet to the Point of Beginning.
Excepting therefrom all water rights without right of surface entry as granted to the City of Cupertino, a
municipal corporation in the instrument recorded April 6, 1973 as Document No. 4488922 and in Book
0315 Page 602, official records, and as granted to California Water Service Company, a California
Corporation, by instrument recorded October 30, 1973 as Document No. 4640340 and in Book 0631 at
Page 16 of official records, Santa Clara County.
Parcel Three-A:
Non-exclusive easements for ingress, egress, circulation and parking as granted in that certain instrument
recorded August 11, 1980 in Book F496, Page 692, official records as amended by that certain instrument
recorded December 27, 2004 as Instrument No. 18162144, official records.
Parcel Four:
Parcel 2 as shown on Lot Line Adjustment, as evidenced by document recorded November 15, 1983, as
Instrument No. 7884481, in Book I065, Page 685 and recorded July 31, 2014, as Instrument No.
22667359, both of official records, being more particularly described as follows:
Order Number: NCS-1213510-SC
Page Number: 11
First American Title Insurance Company
All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, and as
shown on that PARCEL MAP filed for record in the office of the County Recorder, Santa Clara County,
State of California, on December 30, 1980, in Book 477 of Maps, at Pages 51 and 52 and more
particularly described as follows:
Beginning at the most Southeast property corner of Lot 2, as shown on the aforementioned PARCEL MAP,
said point also being the Northeast property corner of Lot 3, as shown on said map;
Thence South 89° 54' 03" West 57.50 feet;
Thence South 0° 05' 57" East 37.00 feet;
Thence South 89° 54' 03" West 91.57 feet;
Thence North 0° 05' 57" West 190.35 feet;
Thence North 89° 54' 03" East 149.34 feet;
Thence South 00° 00' 15" West 153.35 feet to the Point of Beginning.
Excepting therefrom all water rights without right of surface entry as granted to the City of Cupertino, a
municipal corporation in the instrument recorded April 6, 1973 as Document No. 4488922 and in Book
0315 Page 602, official records, and as granted to California Water Service Company, a California
Corporation, by instrument recorded October 30, 1973 as Document No. 4640340 and in Book 0631 at
Page 16 of official records, Santa Clara County.
Parcel Five:
A non-exclusive easement for Parking purposes, appurtenant to Parcels One and Two above, as set forth
in that certain “declaration of covenants running with the land" recorded July 19, 1984 as Instrument No.
8131895, in Book I732, Page 542 of official records.
Parcel Six:
A non-exclusive easement for storm drainage purposes, appurtenant to Parcel Three above, as set forth
in that certain “storm drainage overland release easement agreement" recorded February 27, 2015 as
Instrument No. 22865837 of official records.
APN: 326-32-050 (Affects Parcel Two);
326-32-051 (Affects Parcel Three);
326-32-052 (Affects Parcel Four); and
326-32-053 (Affects Parcel One)
Order Number: NCS-1213510-SC
Page Number: 12
First American Title Insurance Company
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, under written title company, or
controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording
any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day
as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of
three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for more details.
Order Number: NCS-1213510-SC
Page Number: 13
First American Title Insurance Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader
guidelines that govern our use of personal information regardless of its source. First American calls these
guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that
we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether
in writing, in person, by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information
listed above to one or more of our affiliated companies. Such affiliated companies include financial
service providers, such as title insurers, property and casualty insurers, and trust and investment advisory
companies, or companies involved in real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled
responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
Order Number: NCS-1213510-SC
Page Number: 14
First American Title Insurance Company
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
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 those portions of any law or government regulation concerning:
(a) building; (d) improvements on the Land;
(b) zoning; (e) land division; and
(c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
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 limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Dat e;
(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.e., 25, 26, 27 or 28.
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 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federa l
bankruptcy, state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19,
and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
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 building and
zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
Order Number: NCS-1213510-SC
Page Number: 15
First American Title Insurance Company
(b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Co vered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
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, regulat ing,
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 Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under th is
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 applica ble
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 evi denced 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 tr ansaction
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
Date of Policy and the date 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).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Cov erage:
EXCEPTIONS FROM COVERAGE
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.
Order Number: NCS-1213510-SC
Page Number: 16
First American Title Insurance Company
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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, c osts,
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, regulat ing,
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 Policy, but known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under th is
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 9 and 10); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the tr ansaction
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
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 coul d 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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
Order Number: NCS-1213510-SC
Page Number: 17
First American Title Insurance Company
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, c osts,
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, regulat ing,
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, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6,
13(c), 13(d), 14 or 16.
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 Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under th is
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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgag e.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with ap plicable
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 evi denced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequ ent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the tran saction
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 27(b) of this policy.
2021 ALTA LOAN POLICY (7-1-21)
EXCLUSIONS FROM COVERAGE
The following matters are 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) that restricts, regu lates,
prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under th is
policy;
c. resulting in no loss or damage to the Insured Clai mant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Co vered
Risk 11, 13, or 14); or
Order Number: NCS-1213510-SC
Page Number: 18
First American Title Insurance Company
e. resulting in loss or damage that would not have been sustained if consideration suffi cient to qualify the Insured named in Schedule A
as a bona fide purchaser or encumbrancer had been given for the Insured Mortgage at the Date of Policy.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insu red to comply with applicable doing-
business law.
5. Invalidity or unenforceability of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insure d Mortgage
and is based upon usury law or Consumer Protection Law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transac tion creating
the lien of the Insured Mortgage is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the Insured Mortgage is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 13.b.
7. Any claim of a PACA-PSA Trust. Exclusion 7 does not modify or limit the coverage provided under Covered Risk 8.
8. Any lien on the Title for real estate taxes or assessments imposed by a governmental authority and created or attaching betwe en the
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. Exclusion 8 does not modify or limit the coverage
provided under Covered Risk 2.b. or 11.b.
9. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms
and conditions of any lease or easement identified in Schedule A, and the following matters:
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 agenc y 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 a scertained 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are 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) wate r rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy .
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil,
gas, geothermal resources, uranium, clay, rock, sand and gravel located in, on, or under the Land or produced from the Land,
whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights,
privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the in terests or
rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
2021 ALTA OWNER'S POLICY (7-1-21)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pa y 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) that restricts, regu lates,
prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under
Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been s ustained if consideration sufficient to qualify the Insured named in
Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar credi tors’ rights law, that the transaction
Order Number: NCS-1213510-SC
Page Number: 19
First American Title Insurance Company
vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or
c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous
exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and
payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms
and conditions of any lease or easement identified in Schedule A, and the following matters:
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 assessm ents,
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 inspecti on 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are 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) wate r rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public R ecords.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy .
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, me tals, coal, lignite, oil,
gas, geothermal resources, uranium, clay, rock, sand and gravel located in, on, or under the Land or produced from the Land,
whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights,
privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interest s or
rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
't J
EXHIBIT A F 496 �lS: 695
DESCRIPTION OF LANDS OF FRANK AND SALLY A. LAHAYE
AND STEVENS CREEK OFFICE CENTER ASSOCIATES AS FOLLOWS:
All that certain real property situated in the City of
Cupertino, County of Santa Clara, State of California more pre-
cisely described as follows:
Beginning at the easterly terminus of the center line of
Alves Drive, in the easterly line of Tract no. 936 a map of which
was filed in book 36 of maps at page 52, Santa Clara County
Records;
Thence leaving said centerline south 30.00 feet to a point
on the southerly right-of-way line of Alves Drive and the�
Point of Beginning.
Thence along said right-of-way line east, 159.98 feet to the
beginning of a tangent curve;
Thence along the arc of a curve to the right, having a radius
of 170.00 feet, through a central angle of 31 ° 30' 00", for a dis
tance of 93.46 feet to a point of reverse curvature;
Thence along the arc of a curve to the left, having a radius
of 220.31 feet, through a central angle of 31 ° 32' 20", for a dis-
tance of 121.27 feet;
Thence north 89 ° 57' 40" east, 34.23 feet to a point on the
easterly line of that certain 3.976 acre parcel of land, as
shown upon the Record of Survey for Heilig and Nielsen, recorded
in book 83 of maps at page 10, Santa Clara County Records;
Thence south 00° 00' 15" west, 721.15 feet to the northerly
right-of-way line of Steven Creek Boulevard;
Thence along said right-of-way line south 89 ° 54' 03" west,
397.73 feet to westerly line of lands distributed to Minnie May
Nielsen, by that certain Decree of Distribution recorded July
15,1944 in book 1204, page 522 of Official Records;
Thence along the westerly line of said land north 00° 02' 15"
west, 779.33 to the True Point of Beginning.
Containing a total area of 6.932 acres more or less.
sum1s A.HD ASSOCIATES
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
J.Volckmann and Associates20833 Stevens Creek Blvd.Suite 100cupertina, CA 94105Attn: Jt,hn Volckmann
DECLARATION OF
co-:JENM.NTS RU�NING WITH Tf-lE LAND
THIS DFC:LAI-l.ATION is madn as of the 19th day of
July, 1984, by STEVENS CREEK OFFICE CENTER ASSOCIATES, a
C•1ifornia limited partne�s�i� ("Declarant").
A.Declarant is the owner of certain rP.al proper-
ty located in the City of Cu�ertino, County of Santa Clar3,
more particularly described as follows:
See Exhibit "A" attached
hereto and made a part hereof.
B.Declarant desires Lo allocate certain rights
for the use of parking spaces between three of the lots de
scribed in said Exhibit "A".
NOW, THEREFORE, Decla�ant he�eby declares as
1.The owner of Lot 1 and 2 as described in the
attached Exhibit "A" shall have and is hereby granted, as an
appurtenance for the benefit of such Lot and the owner thereof,
a non-exclusive right to and a non-exclusive easement for the use
of eleven Ill) automobile parking spa�es within Lot 3, the
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