LLA-SCVWD & City of Cupertino-10246 Pparkside Ln (Wilson Park), APNs: 369-04-005, 369-04-044 **This document was electronically submitted
to Santa Clara County for recording**
24807984
Regina Alcomendras
Santa Clara County-Clerk-Recorder
01/29/2021 12:29 PM
RECORDING REQUESTED BY:
Titles: l Pages: 8
City of Cupertino Fees:$0.00Tax: $0
Total: $0.00
WHEN RECORDED MAIL TO:
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV.CODE 6103
i
LOTLINE ADJUSTMENT
Santa Clara Valley Water District
And
City of Cupertino
APN: 369-04-005 & 369-04-044
10246 Parkside Lane, Cupertino, CA 95014
(Wilson Park)
Original
❑ For Fast Endorsement
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED MAIL TO:
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
LOTLINE ADJUSTMENT
Santa Clara Valley Water District
And
City of Cupertino -
APN: 369-04-005 & 369-04-044
10246 Parkside Lane, Cupertino, CA 95014
(Wilson Park)
0 Original
❑ For Fast Endorsement
LOT LINE ADJUSTMENT
Property Owners: Santa Clara Valley Water District, and
City of Cupertino
APN: 369-04-005 & 369-04-044
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN
TWO ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between two parcels located on APN 369-04-005 and
369-04-044 as shown on the attached hereto plat marked Exhibit "A" and legal descriptions
marked Exhibit `B", has been submitted by the record owner(s) of the above properties of the
City of Cupertino with the request that an adjustment of lot lines, as described in Exhibit "C",be
approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and
that a greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.040C of the
City of Cupertino Municipal Code and Section#66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
Approved this 20th day of November, 2020.
By: (�
Chad Mosley/
City Engineer
City of Cupertino
RCE 66077
CALIFORNIA ALL-PURPOSE' CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Santa Clara
On November Zo, Zoza before me, Lauren Sapudar ,Notary Public,
(Here insert name and title of the officer)
personally appeared cmj2 d Nl-".l.gt, ,
who proved to me on the basis of satisfactory evidence to be the er n s)whose a12 ie(s)ds/are subscribed to
the within instrument and acknowledged to me thatS/she/they executed the same in rb/her/their authorized
apac (ies), and that by(0/her/their gi�(s)on the instrument the ers n(s), or the entity upon behalf of
which the rse (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
LAUREN SAPUOAR
4y� �l
WITN S my hand and official seal. Notary Public-California
Santa Clara County
Commission#2147155
My Comm.Expires Jun 22,2022 ~
(Notary Seal) Ropmn
a e of Notary Pub is
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances, any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date • State and County information must be the State and County where the document
g signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
lie/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this
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Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
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the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
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• Securely attach this document to the signed document
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R_22�838. C(/� �� R=42.00' L=17.77
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EXISTING
� TRACT z �� ~� 629-M-35 LOT LINE
Cy DETAIL A
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LINE BEARING LENGTH o
R=20.00' L=18.22' L1 N10.09'34"E 53.61'
-� �52'12'09" L2 N79'48'53"W 50.68' Q,
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57,50' N5 a ) CURVE TABLE
3 co I p% CURVE RADIUS DELTA LENGTH
w0 tvn)j J -p �ss C1 20.00' 102'38'05" 35.83'
1 TA 2
TPOB TA 2
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` SEE EXISTING LOT LINE
DETAIL A N79'48'53,W rTO BE REMOVED
PARCEL TA 1 �378`316 30, NOO"48'09"E
L890_OR 5 2 7g 15.20'
RE�NART C . 2
,AND S, REEK POB TA 1
POC TA 2
Ulf- G ��F�� �.4 LEGEND
� b�� 0 , (R) RADIAL BEARING
* ONO. 87 0 * LOT (SQ. FT.) PARCEL A PARCEL B POB POINT OF BEGINNING
EXISTING 226.373 7,160 POC POINT OF COMMENCEMENT
`r�q�. ���P �, PROPOSED 226,373 7,160 TPOB TRUE POINT OF BEGINNING
Fp AL�F � •� TA TRANSFER AREA
SHEET 1 OF 1
Date: 2020-06-15
Designed: TG
� EXHIBIT "A"
Drawn: RF 'r PLAT TO ACCOMPANY DESCRIPTION:
Checked: TG Pro' JC 1570 Oakland Road (408)487-2200 LOT LINE ADJUSTMENT
528310PL03 San Jose,CA 95131 HMHca.com CUPERTINO CALIFORNIA
June 15, 2020
HMH 5283.10.720
Page 1 of 1
EXHIBIT "B"
BEFORE LOT LINE ADJUSTMENT
EXISTING PARCEL A
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all
of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book 629 of
Maps, page 35, Santa Clara County Records;
Containing 226,373 square feet, more or less.
EXISTING PARCEL B
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all
of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890
of Official Records, page 542, Santa Clara County Records;
Containing 7,160 square feet, more or less.
As shown on Exhibit "A" attached hereto and made a part hereof.
END OF DESCRIPTION
This legal description was prepared by me or under my direction in accordance with the
Professional Land Surveyors Act.
Date: G, ( 5' 7A Zz m� /� �� O �'p'N D SCiR
Tracy '`Gior ttiiLS 8720 c��Py�. G10R���L��
U ti A O
J No. 8720
cf'J9r OF C
52831 OLD03-BEFORE LLA docx
1570 Oakland Road I San Jose, California 95131 1 (408)487-2200 1 (408)487-2222 Fax I www.HtMHca.com
June 15, 2020
HMH 5283.10.720
Page 1 of 3
EXHIBIT "C"
AFTER LOT LINE ADJUSTMENT
PARCEL A
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all
of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book 629 of
Maps, page 35, Santa Clara County Records;
and, in addition thereto, the following area:
transfer area 1:
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in
Book L890 of Official Records, page 542, Santa Clara County Records, described as follows:
BEGINNING at the southeasterly corner of said parcel of land;
Thence along the easterly and northerly lines of said parcel of land the following two courses:
1. Thence North 00048'09" East, 15.20 feet;
2. Thence North 79048'53" West, 316.30 feet;
Thence South 10011'07" West, 15.00 feet, to the southerly line of said parcel of land;
Thence along said southerly line, South 79048'53" East, 318.78 feet, to the POINT OF
BEGINNING.
excepting therefrom, the following area:
transfer area 2:
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book
629 of Maps, page 35, Santa Clara County Records, described as follows:
COMMENCING at the southeasterly corner of that parcel of land described in the Quitclaim
Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara
County Records, also being an angle point in the general southerly line of said Lot 19;
Thence along said general southerly line the following two courses:
1. Thence North 00048'09" East, 15.20 feet;
2. Thence North 79048'53" West, 316.30 feet, to the TRUE POINT OF BEGINNING;
Thence continuing along said general southerly line of Lot 19, North 79048'53" West, 132.12
feet, to the easterly line of Parcel B as described in the Easement Deed recorded January 17,
1992, in Book M011 of Official Records, page 1147, Santa Clara County Records;
Thence along said easterly line, North 10009'34" East, 53.61 feet;
Thence South 79°48'53" East, 57.50 feet;
52831 OLD02-LLA.docx
1570 Oakland Road I San Jose, California 95131 1 (408)487-2200 1 (408)487-2222 Fax I www.HMHca.com
June 15, 2020
HMH 5283.10.720
Page 2of3
Thence southeasterly, along a non-tangent curve to the left, having a radius of 205.00 feet,
whose center bears North 58049'38" East, through a central angle of 25054'19" for an arc length
of 92.69 feet, to the TRUE POINT OF BEGINNING.
Containing 226,373 square feet, more or less.
PARCEL B
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all
of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890
of Official Records, page 542, Santa Clara County Records;
and, in addition thereto, the following area:
transfer area 2:
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book
629 of Maps, page 35, Santa Clara County Records, described as follows:
COMMENCING at the southeasterly corner of that parcel of land described in the Quitclaim
Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara
County Records, also being an angle point in the general southerly line of said Lot 19;
Thence along said general southerly line of Lot 19 the following two courses:
1. Thence North 00048'09" East, 15.20 feet;
2. Thence North 79048'53" West, 316.30 feet, to the TRUE POINT OF BEGINNING;
Thence continuing along said general southerly line of Lot 19, North 79048'53" West, 132.12
feet, to the easterly line of Parcel B as described in the Easement Deed recorded January 17,
1992, in Book M011 of Official Records, page 1147, Santa Clara County Records;
Thence along said easterly line, North 10009'34" East, 53.61 feet;
Thence South 79°48'53" East, 57.50 feet;
Thence southeasterly, along a non-tangent curve to the left, having a radius of 205.00 feet,
whose center bears North 58049'38" East, through a central angle of 25054'19" for an arc length
of 92.69 feet, to the TRUE POINT OF BEGINNING.
excepting therefrom, the following area:
transfer area 1:
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a
portion of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in
Book L890 of Official Records, page 542, Santa Clara County Records, described as follows:
BEGINNING at the southeasterly corner of said parcel of land;
Thence along the easterly and northerly lines of said parcel of land the following two courses:
528310LD02-LLA.docx -I-H"H-
June 15, 2020
H M H 5283.10.720
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1. Thence North 00°48'09" East, 15.20 feet;
2. Thence North 79°48'53"West, 316.30 feet;
Thence South 10°11'07" West, 15.00 feet, to the southerly line of said parcel of land;
Thence along said southerly line, South 79048'53" East, 318.78 feet, to the POINT OF
BEGINNING.
Containing 7,160 square feet, more or less.
As shown on Exhibit "A" attached hereto and made a part hereof.
END OF DESCRIPTION
This legal description was prepared by me or under my direction in accordance with the
Professional Land Surveyors Act.
Date: b I S Zo �D )_ zap
Tracy iorgdlt', S 8720 AND S
G IOR�',FRG�.L
0
-' No. 8720
*s eF' b-�O
�qTF OF CAS-�F��
a i %_
OLD REPUBLIC
524 Gibson Drive
Roseville, CA 95678
�t TITLE COMPANY (916)781-4100 Fax: (916) 784-3563
4 ti
Date February 8, 2021
To: City of Cupertino, a California municipal corporation Order No. : 0616017603P
Attn: City Clerk
10300 Torre Avenue
Cupertino, CA 95014-3202
In accordance with instructions contained in the above Order, we are enclosing the documents indicated
below. Recorded documents will be mailed to you separately after processing.
We are pleased to have had the opportunity to handle this transaction for you, and would appreciate
your requesting the services of Old Republic Title Company on all your future title and escrow needs.
Enclosures:
Policy of Title Insurance
Yours Truly,
Old Republic Title Company
Enclosures
Owner's Policy of Title Insurance
* * American Land Title Association Owner's Policy 06-17-06
Policy Number A04016-OX-303073
* Issued by Old Republic National Title Insurance Company
* ** Any notice of claim and any other notice or statement in writing required to be given to the Company
under this Policy must be given to the Company at the address shown in Section IS of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE CONDITIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Florida corporation(the"Company's insures,as of Date of Policy and,to the extent stated
in Covered Risks 9 and 10,after Date of Policy,against loss or damage, not exceeding the Amount of Insurance,sustained or incurred by the Insured
by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged, notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) 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. The term"encroachment"includes encroachments of existing improvements located on the Land
onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)
restricting, regulating, prohibiting,or relating to
(a) the occupancy, use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice,describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of the
title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
Issued through the Office of.,
Old Republic Title Company Old Republic National Title Insurance Company
226 Airport Parkway,Suite 200 400 Second Avenue South
San Jose,CA 95110 Minneapolis, Minnesota 55401
By
/
47 A ites,
Authorized Signatory
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.
I
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
i
3. Defects,liens,encumbrances,adverse claims,or other matters
(a) created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing
to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 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 transaction 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 Public Records that vests Title as shown in Schedule A.
i
i
i
I
I
1
ALTA Owner's Policy(6-17-06)
Old Republic National Title Insurance Company
400 Second Avenue South Minneapolis, Minnesota 55401
SCHEDULE A
Policy No: A04016-OX-303073 Amount of Insurance: $ 2,690,000.00
Order No: 0616017603P Premium: $ 4,589.00
APN 375-22-001 & 375-21-001,
Date of Policy: September 24th, 2020 at 12:22:00 PM Address Reference: Lawrence Expressway
San Jose, CA 95129
1. Name of Insured:
City of Cupertino, a California municipal corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee
3. Title is vested in:
City of Cupertino, a California municipal corporation
4. The Land referred to in this policy is described as follows:
PARCEL ONE
Commencing at the most Northeasterly corner of Lands of Santa Clara Valley Water District (Book L033 OR
Pg. 113) as shown on that certain Parcel Map, which was filed for record on January 4, 1990 in Book 609 of
Maps at page 6, Santa Clara County Records,
Thence along the Easterly line of said Lands of Santa Clara Valley Water District, South 201 09' 45" East,
11.86 feet, and South 02111' 00" West, 96.08 feet, to the Point of Beginning;
Thence, continuing South 021 11' 00" West, 186.30 feet and South 431 00' 40" East, 192.89 feet to the
Westerly line of Lawrence Expressway, as said line is shown upon that unrecorded plans entitled "Lawrence
Expressway Unit No. 6A" — layout details for stations 1+00.23 to 40+00;
Thence, North 001 44' 33" West along said Westerly line, 322.34 feet;
Thence leaving the Westerly line of Lawrence Expressway, North 871 40' 18" West, 120.40 feet to the POINT
OF BEGINNING.
PARCEL TWO
Page 1 of 7 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ALTA Owner's Policy(6-17-06)
Beginning at the Southeast corner of Lot 278 as shown on the map of Tract 1183, which
was filed for record on June 23, 1953 in Book 44 of Maps at Page 11 Santa Clara County Records,
Thence along the Easterly line said Tract No. 1183 the following courses and distances:
North 141 30' 00" East, 46.59 feet;
North 31 22' 45" West, 191.71 feet;
North 191 29' 45" West, 151.30 feet;
North 271 45' 15" West, 189.35 feet;
North 31 17' 15" West, 147.02 feet;
North 501 51' 45" West, 121.65 feet;
North 120 27' 45" West, 107.74 feet;
North 251 06' 15" East, 61.00 feet;
North 661 02' 15" East, 113.84 feet;
North 391 42' 00" East, 194.78 feet;
North 151 14' 00" East, 85.91 feet;
North 101 16' 15" West, 138.43 feet;
North 10 51' 30" East, 103.33 feet;
North 261 18' 45" East, 126.23 feet to the Westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled "Lawrence Expressway Unit No. 6A"-
layout details sheets for stations 1+00.23 to 40+00;
Thence, South 001 44' 33" East along Said Westerly line 1055.78 feet to a tangent curve to the right, having a
radius of 5433.00 feet, a central angle of 51 01' 21", an arc length of 476.25 feet;
Thence, South 41 16" 48" West, 29.03 feet;
Thence, leaving said Westerly line of Lawrence Expressway South 871 39' 53" West, 44.03 feet to the POINT
OF BEGINNING.
PARCEL THREE
Beginning at the Southeast corner of Parcel 5 as shown on that certain Parcel Map, which was filed for record
on January 4, 1990 in Book 609 of Maps, at page 6, Santa Clara County Records, and being more particularly
described as follows;
Thence, along the Easterly line of said Parcel 5, North 200 09' 45" West, 45.40 feet;
Thence, continuing North 201 09' 45" West, along the Easterly line of Lot 292, 291, and 290 as shown on the
Map for Tract No. 1183 which was filed for record on June 23, 1953 in Book 44 of Maps, at Page 11, Santa
Clara County Records, a distance of 165.91 feet;
Thence, continuing along the Easterly line of Lot 290, 289, 288 and 287, as shown on said Tract Map No.
1183, North 041 04' 45" East, 125.69 feet;
Thence, continuing along the Easterly line of Lot 287, 286, 285, 284, and 283, as shown on said Tract Map No
1183, North 291 51' 15" East, 214.50 feet;
Thence, continuing along the Easterly line of Lot 282, and 281, as shown on said Tract Map No. 1183, North
060 13' 45" West, 116.81 feet;
Thence continuing along the Easterly line of Lot 280, and 279, as shown on said Tract Map No. 1183, North
191 26' 45" East, 109.24 feet;
Page 2 of 7 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ALTA Owner's Policy(6-17-06)
Thence, continuing along said Easterly line of said Lot 279, North 14' 30' 00" East, 53.73 feet to the
Southeasterly corner of the "Lands of San Jose Water Works";
Thence, continuing North 14' 30' 00" East, 127.88 feet to the Northeasterly corner of said "Lands of San Jose
Water Works", also being the Southeasterly corner of Lot 278 as shown on said Map of Tract 1183;
Thence North 871 39' 53" East, 44.03 feet to the Westerly line of Lawrence Expressway, as said line is shown
upon that unrecorded plans entitled "Lawrence Expressway Unit No. 6A"-layout details sheets for stations
1+00.23 to 40+00;
Thence, South 040 16' 48" West along said Westerly line, 482.34 feet to a tangent curve to the left, having a
radius of 5567.00 feet, a central angle of 51 01' 21", an arc length of 488.00 feet;
Thence, continuing along said Westerly line, tangent to last said curve, South 001 44' 33" East, 7.33 feet;
Thence, leaving the Westerly line of Lawrence Expressway, North 871 40' 18" West, 120.40 feet to the
Easterly line of the "Lands of Santa Clara Valley Water District", as shown on said Parcel Map (Book 609 Maps
Page 6);
Thence North 021 11' 00" East along said Easterly line of said "Lands of Santa Clara Valley Water District",
96.08 feet and North 201 09' 45" West, 11.86 feet to said Southeast corner of Parcel 5 (PM 609 M6) and the
POINT OF BEGINNING.
APN: 375-22-001 & 375-21-001
Page 3 of 7 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016-OX-303073
ALTA Owner's Policy(6-17-06)
SCHEDULE B
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. Taxes and assessments, general and special, for the fiscal year 2019 - 2020, a lien, but not
yet due or payable.
2. Taxes and assessments, general and special, are currently not assessed because of a
statutory exemption. Should the statutory exemption change, taxes may be levied against
the land.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et
seq., of the Revenue and Taxation Code of the State of California.
4. Bonds or assessments, whether or not shown as existing liens by the records of any
authority that levies assessments on real property, or by the public records, or included in
the taxes shown or referred to herein.
NOTE: An examination of these matters is not being done at this time. Upon a specific
request to do so, we will supplement this report accordingly.
5. (1) Any adverse claim based upon the assertion that:
(a) Some portion of said land has been created by artificial means, or has accreted to
such portion so created.
(b) Some portion of said land has been brought within the boundaries thereof by an
avulsive movement of Saratoga Creek, or has been formed by accretion to any
such portion.
(2) Rights and easements for navigation and fishery which may exist over that portion of
said land lying beneath the waters of Saratoga Creek.
6. Any right, title, claims, or other interest, and such rights as may be incidental thereto,
whether or not shown by the public records to the waters of Saratoga Creek.
7. Rights of the public, County and/or City, in and to that portion of said land lying within the
lines of Doyle Road.
Page 4 of 7 Page
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016-OX-303073
ALTA Owner's Policy(6-17-06)
8. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To Sierra & San Francisco Power Company, a corporation
For electric transmission line and private telephone line with necessary
poles
Recorded May 17, 1912 in Book 384 of Deeds, Page 303
Affects the exact location cannot be determined from the record
9. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To Sierra & San Francisco Power Company, a corporation
For electric transmission line and private telephone line with necessary
poles
Recorded May 17, 1912 in Book 384 of Deeds, Page 306
Affects the exact location cannot be determined from the record
10. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To Pacific Gas and Electric Company, a California corporation
For electric transmission lines for the transmission and distribution of
electricity and for private telephone and telegraph purposes
Recorded October 30, 1939 in Book 956 of Official Records, Page 110
Affects As described therein.
11. Release and relinquishment of abutter's or access rights to and from Lawrence Expressway,
upon which premises abuts, as follows:
Instrument Final Order of Condemnation
To The People of the State of California
Recorded January 30, 1963 in Book 5886 of Official Records, Page 615 under
Recorder's Serial Number 2338389
12. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To City of San Jose, a municipal corporation
For storm sewer pipe line or lines, ingress and egress thereto
Recorded January 22, 1964 in Book 6355 of Official Records, Page 12 under
Recorder's Serial Number 2558827
Affects As described therein
Page 5 of 7 Page
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016-OX-303073
ALTA Owner's Policy(6-17-06)
13. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To Santa Clara County Flood Control and Water District
For conveyance of water in a thirty inch (30") welded steel pipe
Recorded December 30, 1965 in Book 7229 of Official Records, Page 229 under
Recorder's Serial Number 2984678
Affects As described therein.
14. Intentionally Deleted
15. Intentionally omitted.
16. 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.
17. The requirement that satisfactory evidence be furnished to this Company of compliance with
applicable statutes, ordinances and charters governing the ownership and disposition of the
herein described land.
18. Intentionally Omitted.
19. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
20. (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.
21. 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.
22. Any easement for water course over that portion of said land lying within the banks of
Saratoga Creek, and any changes in the boundary lines of said land that have occurred or
may hereafter occur from natural causes.
23. Any right, title, claims, or other interest, and such rights as may be incidental thereto,
whether or not shown by the public records to the waters of Saratoga Creek.
Page 6 of 7 Page
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016-OX-303073
ALTA Owner's Policy(6-17-06)
24. Any rights, easements, interests or claims which may exist or arise by reason of or reflected
by the facts shown on the plat of a survey made by Giuliani & Kull, on June 23, 2020,
designated Job No. 19129, as follows:
A) Asphalt strip running generally north and south from lands to the south.
B) Wall varying in location 0.51 feet easterly of the easterly property line to 10.99 feet
westerly of the easterly property line.
C) Chain link fence varying 24.23 feet westerly of the easterly property line to 1.35 easterly
of the easterly property line.
D) Electric vaults encroaching 8 feet and 4 feet westerly of the easterly property line.
E) Constructed provision for ingress and egress adjoining Lawrence Expressway including
fenced pull-in, concrete and rolled curb. Reference is made here to the release of abutters or
access rights within that Final Order of Condemnation to the People of the State of California
recorded January 30, 1963 in Book 5886 of Official Records, page 615 under Recorder's
Serial Number 2338389.
F) The fact that a (road, walk, trail, path) extend(s) over a portion of said land, and (is/are)
used by the public for access to and from the adjoining body of water known as Saratoga
Creek,
G) The fact that portions of said land are used by the public for recreational purposes.
25. Intentionally omitted.
26. The effect of any variation between the description of the lands herein and that survey by
Giulani & Kull dated June 23, 2020, Job No. 19129.
27. Intentionally Deleted
28. Terms and provisions as contained in an instrument,
Entitled Agreement Regarding Access
Executed By City of Cupertino, a California municipal corporation and County of
Santa Clara, a political subdivision of the State of California
Recorded September 24, 2020 in Official Records under Recorder's Serial
Number 24628803
Returned to
Address City of Cupertino, City Hall, 10300 Torre Avenue, Cupertino, CA
95014-3202
Which, among other things, provides: Limited access to Lawrence Expressway
Page 7 of 7 Page
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Attached to:
ENDORSEMENT Policy No: AO 016-OX-303073
Order No: 0616017603P
** * ** OLD REPUBLIC NATIONAL
* * TITLE INSURANCE COMPANY
* *
ALTA 39-06 (CLTA 142-06)
POLICY AUTHENTICATION
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the
policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued
electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: September 24th, 2020 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
r'
Countersigned:
Bylili_;ij� +��
Validating Officer
ORT Form 5338
Adopted 04/02/13
Page 1 of 1 Pages
CONDITIONS 2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy
1. DEFINITION OF TERMS in favor of an Insured,but only so long as the Insured retains an
The following terms when used in this policy mean: estate or interest in the Land,or holds an obligation secured by a
(a) "Amount of Insurance":The amount stated in Schedule A,as purchase money Mortgage given by a purchaser from the Insured, or
may be increased or decreased by endorsement to this policy, only so long as the Insured shall have liability by reason of warranties
increased by Section 8(b),or decreased by Sections 10 and it in any transfer or conveyance of the Title.This policy shall not
of these Conditions, continue in force in favor of any purchaser from the Insured of either
b (i)an estate or interest in the Land,or(ii)an obligation secured by a
( ) "Date of Policy":The date designated as"Date of Policy"in Schedule A. purchase money Mortgage given to the Insured.
(c) "Entity": A corporation,partnership,trust,limited liability 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
company,or other similar legal entity. 1
(d) "Insured":The Insured named in Schedule A. The Insured shall notify the Company promptly in writing(i)in case of
( The term"Insured"also includes any litigation as set forth in Section 5(a)of these Conditions, (ii)in case
Knowledge shall come to an Insured hereunder of any claim of title or
(A) successors to the Title of the Insured by operation of interest that is adverse to the Title,as insured,and that might cause
law as distinguished from purchase, including heirs, loss or damage for which the Company may be liable by virtue of this
devisees,survivors, personal representatives,or next policy,or(iii)if the Title,as insured, is rejected as Unmarketable Title.
of kin; If the Company is prejudiced by the failure of the Insured Claimant to
(B) successors to an Insured by dissolution, merger, provide prompt notice,the Company's liability to the Insured Claimant
consolidation,distribution,or reorganization; under the policy shall be reduced to the extent of the prejudice.
(C) successors to an Insured by its conversion to another
kind of Entity; 4. PROOF OF LOSS
(D) a grantee of an Insured under a deed delivered In the event the Company is unable to determine the amount of loss
without payment of actual valuable consideration or damage,the Company may,at its option,require as a condition of
conveying the Title payment that the Insured Claimant furnish a signed proof of loss. The
(1) if the stock,shares,memberships,or other proof of loss must describe the defect,lien,encumbrance,or other
equity interests of the grantee are wholly-owned matter insured against by this policy that constitutes the basis of loss
by the named Insured, or damage and shall state,to the extent possible,the basis of
(2) if the grantee wholly owns the named Insured, calculating the amount of the loss or damage.
(3) if the grantee is wholly-owned by an affiliated S. DEFENSE AND PROSECUTION OF ACTIONS
Entity of the named Insured,provided the (a) Upon written request by the Insured,and subject to the options
affiliated Entity and the named Insured are both contained in Section 7 of these Conditions,the Company,at its
wholly-owned by the same person or Entity,or own cost and without unreasonable delay,shall provide for the
(4) if the grantee is a'trustee or beneficiary of a defense of an Insured in litigation in which any third party asserts
trust created by a written instrument established a claim covered by this policy adverse to the Insured. This
by the Insured named in Schedule A for estate obligation is limited to only those stated causes of action alleging
planning purposes. matters insured against by this policy. The Company shall have
(ii) With regard to(A), (B), (C),and(D)reserving,however, the right to select counsel of its choice(subject to the right of the
all rights and defenses as to any successor that the Insured to object for reasonable cause)to represent the Insured
Company would have had against any predecessor as to those stated causes of action. It shall not be liable for and
Insured. will not pay the fees of any other counsel. The Company will not
pay any fees,costs,or expenses incurred by the Insured in the
(e) "Insured Claimant": An Insured claiming loss or damage. defense of those causes of action that allege matters not insured
(f) "Knowledge"or"Known": Actual knowledge,not constructive against by this policy.
knowledge or notice that may be imputed to an Insured by (b) The Company shall have the right, in addition to the options
reason of the Public Records or any other records that impart contained in Section 7 of these conditions,at its own cost,to
constructive notice of matters affecting the Title. institute and prosecute any action or proceeding or to do any
(g) "Land":The land described in Schedule A,and affixed other act that in its opinion may be necessary or desirable to
improvements that by law constitute real property.The term establish the Title,as insured,or to prevent or reduce loss or
"Land"does not include any property beyond the lines of the damage to the Insured. The Company may take any appropriate
area described in Schedule A, nor any right,title, interest, action under the terms of this policy,whether or not it shall be
estate,or easement in abutting streets, roads,avenues,alleys, liable to the Insured. The exercise of these rights shall not be an
lanes,ways,or waterways,but this does not modify or limit the admission of liability or waiver of any provision of this policy. If
extent that a right of access to and from the Land is insured by the Company exercises its rights under this subsection,it must do j
this policy. so diligently.
(h) "Mortgage": Mortgage,deed of trust,trust deed,or other (c) Whenever the Company brings an action or asserts a defense as
security instrument,including one evidenced by electronic required or permitted by this policy,the Company may pursue the
means authorized by law. litigation to a final determination by a court of competent
(i) "Public Records": Records established under state statutes at jurisdiction,and it expressly reserves the right,in its sole
Date of Policy for the purpose of imparting constructive notice discretion,to appeal any adverse judgment or order,
of matters relating to real property to purchasers for value and 6. DUTY OF INSURED CLAIMANT TO COOPERATE
without Knowledge.With respect to Covered Risk 5(d),"Public
Records"shall also include environmental protection liens filed (a) In all cases where this policy permits or requires the Company to j
in the records of the clerk of the United States District Court for prosecute or provide for the defense of any action or proceeding
the district where the Land is located, and any appeals,the Insured shall secure to the Company the
0) "Title":The estate or interest described in Schedule A. right to so prosecute or provide defense in the action or
(k) "Unmarketable Title":Title affected by an alleged or apparent proceeding, including the right to use,at its option,the name of
matter that would permit a prospective purchaser or lessee of the Insured for this purpose.Whenever requested by the
the Title or lender on the Title to be released from the obligation Company,the Insured,at the Company's expense,shall give the
to purchase, lease,or lend if there is a contractual condition Company all reasonable aid (i)in securing evidence,obtaining
requiring the delivery of marketable title. witnesses, prosecuting or defending the action or proceeding,or
effecting settlement,and (ii)in any other lawful act that in the B. DETERMINATION AND EXTENT OF LIABILITY
opinion of the Company may be necessary or desirable to This policy is a contract of indemnity against actual monetary loss or
establish the Title or any other matter as insured. If the damage sustained or incurred by the Insured Claimant who has
Company is prejudiced by the failure of the Insured to furnish suffered loss or damage by reason of matters insured against by this
the required cooperation,the Company's obligations to the policy.
Insured under the policy shall terminate,including any liability (a) The extent of liability of the Company for loss or damage under
or obligation to defend,prosecute,or continue any litigation, this policy shall not exceed the lesser of
with regard to the matter or matters requiring such (i) the Amount of Insurance;or
cooperation. (ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
(b) The Company may reasonably require the Insured Claimant to this policy.
submit to examination under oath by any authorized (b) If the Company pursues its rights under Section 5 of these
representative of the Company and to produce for examination, Conditions and is unsuccessful in establishing the Title,as
inspection,and copying, at such reasonable times and places as insured,
may be designated by the authorized representative of the (i) the Amount of Insurance shall be increased by 10%,and
Company,all records,in whatever medium maintained, (ii) the Insured Claimant shall have the right to have the loss or
including books, ledgers, checks, memoranda,correspondence, damage determined either as of the date the claim was made
reports,e-mails,disks,tapes,and videos whether bearing a by the Insured Claimant or as of the date it is settled and
date before or after Date of Policy,that reasonably pertain to paid.
the loss or damage. Further,if requested by any authorized (c) In addition to the extent of liability under(a)and(b),the
representative of the Company,the Insured Claimant shall grant Company will also pay those costs,attorneys'fees,and expenses
its permission, in writing,for any authorized representative of incurred in accordance with Sections 5 and 7 of these Conditions.
the Company to examine,inspect and copy all of these records
in the custody or control of a third party that reasonably pertain g, LIMITATION OF LIABILITY
to the loss or damage. All information designated as (a) If the Company establishes the Title, or removes the alleged
confidential by the Insured Claimant provided to the Company defect,lien,or encumbrance,or cures the lack of a right of access
pursuant to this Section shall not be disclosed to others unless, to or from the Land,or cures the claim of Unmarketable Title,all
in the reasonable judgment of the Company,it is necessary in as insured,in a reasonably diligent manner by any method,
the administration of the claim. Failure of the Insured Claimant including litigation and the completion of any appeals, it shall
to submit for examination under oath,produce any reasonably have fully performed its obligations with respect to that matter
requested information,or grant permission to secure reasonably and shall not be liable for any loss or damage caused to the
necessary information from third parties as required in this Insured.
subsection, unless prohibited by law or governmental regulation, (b) In the event of any litigation,including litigation by the Company
shall terminate any liability of the Company under this policy as or with the Company's consent,the Company shall have no
to that claim. liability for loss or damage until there has been a final
determination by a court of competent jurisdiction,and
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; disposition of all appeals,adverse to the Title,as insured.
TERMINATION OF LIABILITY (c) The Company shall not be liable for loss or damage to the Insured
In case of a claim under this policy,the Company shall have the for liability voluntarily assumed by the Insured in settling any
following additional options: claim or suit without the prior written consent of the Company.
(a) To Pay or Tender Payment of the Amount of Insurance.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
To pay or tender payment of the Amount of Insurance under
OF LIABILITY
this policy together with any costs,attorneys'fees,and
e All payments under this policy,except payments made for costs,
expenses incurred by the Insured Claimant that were authorized
attorneys'fees,and expenses,shall reduce the Amount of Insurance
by the Company up to the time of payment or tender of
by the amount of the payment.
payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option,all liability and 11. LIABILITY NONCUMULATIVE
obligations of the Company to the Insured under this policy, The Amount of Insurance shall be reduced by any amount the
other than to make the payment required in this subsection, Company pays under any policy insuring a Mortgage to which
shall terminate, including any liability or obligation to defend, exception is taken in Schedule B or to which the Insured has agreed,
prosecute,or continue any litigation. assumed,or taken subject,or which is executed by an Insured after
(b) To Pay or Otherwise Settle With Parties Other than the Insured Date of Policy and which is a charge or lien on the Title,and the
or With the Insured Claimant. amount so paid shall be deemed a payment to the Insured under this
(i) To pay or otherwise settle with other parties for or in the policy.
name of an Insured Claimant any claim insured against 12. PAYMENT OF LOSS
under this policy. In addition,the Company will pay any When liability and the extent of loss or damage have been definitely
costs,attorneys'fees,and expenses incurred by the fixed in accordance with these Conditions,the payment shall be made
Insured Claimant that were authorized by the Company up within 30 days.
to the time of payment and that the Company is obligated
to pay; or 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(ii) To pay or otherwise settle with the Insured Claimant the (a) Whenever the Company shall have settled and paid a claim under
loss or damage provided for under this policy,together this policy,it shall be subrogated and entitled to the rights of the
with any costs,attorneys'fees,and expenses incurred by Insured Claimant in the Title and all other rights and remedies in
the Insured Claimant that were authorized by the Company respect to the claim that the Insured Claimant has against any
up to the time of payment and that the Company is person or property,to the extent of the amount of any loss,costs,
obligated to pay. attorneys'fees,and expenses paid by the Company. If requested
Upon the exercise by the Company of either of the options provided by the Company,the Insured Claimant shall execute documents
for in subsections(b)(i)or(ii),the Company's obligations to the to evidence the transfer to the Company of these rights and
Insured under this policy for the claimed loss or damage,other than remedies. The Insured Claimant shall permit the Company to
the payments required to be made,shall terminate,including any sue,compromise,or settle in the name of the Insured Claimant
liability or obligation to defend, prosecute, or continue any litigation. and to use the name of the Insured Claimant in any transaction or
litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of 18. NOTICES,WHERE SENT
the Insured Claimant,the Company shall defer the exercise of its Any notice of claim and any other notice or statement in writing
right to recover until after the Insured Claimant shall have recovered required to be given to the Company under this policy must be given to
its loss. the Company at 400 Second Avenue South,Minneapolis, Minnesota
(b) The Company's right of subrogation includes the rights of the 55401-2499.
Insured to indemnities,guaranties,other policies of insurance,
or bonds,notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
('Rules'). Except as provided in the Rules,there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to,any
controversy or claim between the Company and the Insured arising
out of or relating to this policy,any service in connection with its
issuance or the breach of a policy provision,or to any other
controversy or claim arising out of the transaction giving rise to this i
policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the
Company or the Insured. All arbitrable matters when the Amount of
Insurance is in excess of$2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall be binding upon the
parties. Judgment upon the award rendered by the Arbitrator(s)may
be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any,attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy,this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person,or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states,it does
not(i)modify any of the terms and provisions of the policy,(ii)
modify any prior endorsement, (iii)extend the Date of Policy,or
(iv)increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy,in whole or in part, is held
invalid or unenforceable under applicable law,the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law:The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights,remedies,or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore,the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and
to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of laws principles
to determine the applicable law.
(b) Choice of Forum:Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its
territories having appropriate jurisdiction.