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LLA-The Roman Catholic Bishop, Al L and Dori L. Powell, and Donald J. and Ilene M. Kretsch; Black Oak Way, APNs: 342-52-053, 342-52-054, 342-52-055, 342-56-021, 342-56-0200/-o 3 r9j�lanc-� I'• f/� RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 15851899 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Alliance Title Company Titles l / Pages: 57 Fees.... 175.00 Taxes... Copies.. _ AMT PAID I 057 0 RDE ## 002 9/04/2001 8 00 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT, THE ROMAN CATHOLIC BISHOP OF SAN JOSE, A CALIFORNIA CORPORATION SOLE (FORUM PARCEL), APNS 342-52-053, 342-52-054 AND 342-52-055; AL L. POWELL JR. AND DORI L. POWELL, HUSBAND AND WIFE AS COMMUNITY PROPERTY (LOT 36), APN 342-56-021; AND DONALD J. KRETSCH AND ILENE M. KRETSCH, HUSBAND AND WIFE AS COMMUNITY PROPERTY (LOT 37), APN 342-56-020 Original 171 For Fast Endorsement S1, LO ,7V LOT LINE ADJUSTMENT Property Owners: The Roman Catholic Bishop of San Jose, a California Corporation Sole (Forum Parcel), APNS 342-52-053, 342-52-054 and 342-52-055 Al L. Powell Jr. and Dori L. Powell, Husband and Wife as Community Property (Lot 36), APN 342-56-021 Donald J. Kretsch and Ilene M. Kretsch, Husband and Wife as Community Property (Lot 37), APN 342-56-020 ACTION BY THE CITY ENGINEER APPRO DING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between Lots 36, 37, and Forum Parcel, as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more 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 18.08.01011 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from the specified on the preliminary title report designated on Exhibit `B" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "A". Approved this 9 tL day of 2001. RALPH A. QUALLS, JR. CITY ENGINEER CITY OF CUPERTINO By:---� C'L L't Lalk"-� B K F ENGINEERS/SURVEYORS/PLANNERS August 9, 2001 BKF Project No. 20000250-50 BEFORE DESCRIPTION OF FORUM PARCEL All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the lands described in that certain document recorded on September 2, 1987 in Book K282 of Official Records at page 1390, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the southeasterly corner of Parcel 1D as said parcel is described in the Final Order of Condemnation No. P8390 had in the Superior Court of the State of California in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which decree was recorded September 7, 1965, in Book 7096 of Official Records page 183, Santa Clara County Records, said corner being in the northwesterly line of that certain 37.92 acre parcel of land conveyed to Catholic Foreign Mission Society of America by Deed recorded July 29, 1929 in Book 478 of Official Records, page 11, Santa Clara County Records; thence from said point of beginning along the general southwesterly lines of said Parcel 1D, the ten following courses and distances: North 46°47'48"West 37.36 feet, North 77°33'00" West 181.89 feet, North 56°49'44" West 166.83 feet, North 50°07'45" West 169.97 feet, North 47°45'48" West 493.95 feet, North 50°48'38" West, 200.26 feet, North 46°49'49" West, 302.17, North 61°04'48" West, 100.85 feet, North 53°33'56" West 492.46 feet and North 58°04'03" West 151.88 feet to the northeasterly corner of Parcel 1E, as said last named Parcel was described in said Final Order of Condemnation; thence along the southeasterly line of said Parcel lE South 22°15'34" West 155.09 feet to the most southerly corner of said Parcel 1E; thence along the southwesterly line of said Parcel lE North 65°58'47" West 40.87 feet, more or less, to the intersection thereof with the centerline of the paved roadway leading to Saint Joseph's Seminary; thence along said centerline as follows: South 05°02'20" West 159.41 feet, South 01°27'23" West 100.00 feet, South 01°16'37" East 100.00 feet, South 03°02'54" East 67.84 feet, southerly along an arc of a tangent curve to the left with a radius of 400.00 feet, through a. central angle of 37°55'43", an arc distance of 264.79 feet, tangent to the preceding curve South 40°58'37" East, 31.47 feet, southeasterly along an arc of a tangent curve to the left with a radius of 700.00 feet, through a central angle of 12°45'00", an arc distance of 155.77 feet, tangent to the preceding curve South 53043'37" East, 189.70 feet and southeasterly along an arc of a tangent curve to the right with a radius of 600.00 feet, through a central angle of 20°26'20", an arc distance of 214.04 feet; thence leaving said centerline North 56°42'43" East, 25.00 feet; thence at right angles South 33°17' 17" East, 1392.84 feet, more or less, to a point in a northerly line of that certain Parcel of land designated as Parcel A, conveyed to County of Santa Clara by Deed recorded October 11, 1977 in Book D197 of Exhibit "A" Page 1 of 2 Official Records, page 696, Santa Clara County Records and shown as a 127.884 acre parcel of land upon that certain Record of Survey filed October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, said point being distant along said northerly line South 81 ° 13' 03" West, 214.00 feet from the most northeasterly corner of said Parcel A; thence along said northerly line North 81 ° 13' 03" East, 214.00 feet to said most northeasterly corner of said Parcel A; thence along the general easterly lines of said parcel A, as shown on said Record of Survey, the four following courses and distances: South 12°55'09" East 245.07 feet, South 09°25'07" East, 745.77 feet, North 75°01'33" East, 241.01 feet and South 30°13'39" East, 196.71 feet to the most easterly corner of said Parcel A; thence along the northeasterly prolongation of the southeasterly line of said Parcel A, North 51°02'05" East, 477.94 feet, more or less, to the intersection thereof with the southerly line of said 37.92 acre parcel; thence along said southerly line North 83°53'21" West, 118.42 feet; thence along the southwesterly and the northwesterly lines of said 37.92 acre parcel the three following courses and distances: North 38°55'21" West 527.73 feet, North 12°33' 12" West 976.62 feet and North 27°34'24" East 407.81 feet, more or less, to the said POINT OF BEGINNING of this description and containing 54.04 acres of land, more or less. This description was prepared by me or under my direct supervision. Troy J. Er on, P.L.S. 7735 Expires: 12/31/01 K:\MAIN\2000\20000250-50\L.egals\ ForumParcel.doc i ROY J. ERIC'KSON EXP. 121.31101 J .z No. 7735 /4" Exhibit "A" Page 2 of 2 ua. ? )001 �■ B k F ENGINEERS/SURVEYORS/PLANNERS August 9, 2001 BKF Project No. 20000250-50 BEFORE DESCRIPTION OF LOT 36 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows: Lot 36, as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 705 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County. This description was prepared by me or under my direct supervision. I fl - Troy J. Er' son, P.L.S. 7735 Expires: 12/31/01 K-.XMAIN\2000\20000250-50\I.egalsU.ot 36.doc ���� SAND ---:SON TROY J. ERICKSON EXP. 12/31/01 s No. 7735 Q CAt_�F���� Exhibit "A" Page 1 of 1 I 1�BRF ENGINEERS/SURVEYORS/PLANNERS August 9, 2001 BKF Project No. 20000250-50 BEFORE DESCRIPTION OF LOT 37 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows: Lot 37, as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 705 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County. This description was prepared by me or under my direct supervision. 171t64 �)v - Troy J. HKison, P.L.S. 7735 Expires: 12/31/01 K:\MAIN\2000\20000250-50\LegaLs\Lot 37.doc o SAND s�? V� TROY J. ERICKSON EXP.12/31/01 >� No. 7735 Q OF CAOFC3��� Exhibit "A" Page IofI 00/ 3RF ENGINEERS June 18, 2001 SURVEYORS BKF Project No. 20000250-50 PLANNERS DESCRIPTION OF ADJUSTED FORUM PARCEL All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain document filed for record on September 2, 1987 in Book K282 of Official Records at page 1390, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: All of the lands described in said document; EXCEPTING THEREFROM a portion of said lands being more particularly described as follows: BEGINNING at the most northerly corner of Lot 36 as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 694 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County; thence North 39°32'47" East, a distance of 8.07 feet to the southwesterly edge of the existing concrete valley gutter; thence along the southwesterly edge of said concrete valley gutter the following ten courses: 1) South 51°09'44" East, a distance of 14.75 feet; 2) South 51 °24'40" East, a distance of 13.57 feet; 3) South 54°26'28" East, a distance of 22.53 feet; 4) South 47°28'45" East, a distance of 21.19 feet; 5) South 47' 18'42" East, a distance of 22.47 feet; 6) South 48°54'35" East, a distance of 20.34 feet; 7) South 52°56'42" East, a distance of 18.09 feet; 8) South 42049'00" East, a distance of 20.49 feet; 9) South 39° 12' 19" East, a distance of 16.62 feet; 10) South 33°34'32" East, a distance of 18.86 feet to the northeasterly prolongation of the southeasterly line of Lot 37, as said lot is shown on said map; 540 Price Avenue thence along said lines South 56°42'43" West, a distance of 24.31 feet to the most easterly corner of said Lot 37 and the beginning of a non -tangent curve to the left, ?dwood City California 94o63-1411 phone 650.482.63oo fax 650.482.6399 Exhibit "A" www.bkf.com Page 1 of 2 from which point a radial line bears South 56°42'43" West; thence along said line and the northeasterly line of Lot 36, as said lot is shown on said map and along said curve having a radius of 600.00 feet, through a central angle of 17°28' 15", an arc length of 182.95 feet to the POINT OF BEGINNING and having an area of 2,966 square feet, more or less. A plat showing the above description is attached hereto and made part hereof as Exhibit `B". This description was prepared by me or under my direct supervision. LAND S G BILLY MARTIN Billy Martin, P.L.S. 5797 EXP. N079. 579 7 004 ! Dated Expires: 6/30/04 �oQ K:IMAIM2000\20000250.50\[.egalsWdjustedFomm.doc '� OF CAL\�'��-% Exhibit "A" Page 2 of 2 &*mKmpsFW& Engineers . Surveyors • Planners 540 Price Avenue Redwood City, CA 94063 650/482-6300 650/482-6399 (FAX) OF BEGINNII EDGE OF EXISTING CONCRETE VALLEY GUTTER THE FORUM K282 OR 1390 No. Beoring Distance Lt N 39°32 47 E 8.07 L2 S 51 009'44 E 14.75 L3 S 51 °24 40 E 13.57 L4 S 54026 28 E 22.53 L5 S 47028 45 E 21.19 L6 I S 47018'42 E 22.47 L7 S 48054 35 E 20.34 L8 S 52056 42 E 18.09 L9 S 42049 00 E 20.49 L10 S 3901219 E 16.62 L11 S 33634 32' E 18.86 L12 S 56°42 43 W 24.31 Subject LAND ( , BILL Y M TIN C' E � � 012004 �. TRANSFER AREA . 5797 o, � OF CA02 OAK VALLEY — UNIT 5 Job No. 20000250-50 By MK Date 06 18 01Chkd. TJE SHEET 1 OF 1 1` 3RF ENGINEERS SURVEYORS PLANNERS 540 Price Avenue ,dwood City California 94o63-1411 phone 650.482.63oo fox 65o.482.6399 www.bkf.com June 18, 2001 BKF Project No. 20000250-50 DESCRIPTION OF ADJUSTED LOT 37 EXHIBIT A All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 37 as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 694 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County, and a portion of the Lands of the Roman Catholic Church Leased to Forum Lifecare as said lands are described in that certain document filed for record on September 2, 1987 in Book K282 of Official Records at page 1390, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most westerly corner of said Lot 37; thence along the northwesterly line of said lot and its northeasterly prolongation North 43°31'47" East, a distance of 151.98 feet to the southwesterly edge of the existing concrete valley gutter; thence along the southwesterly edge of said concrete valley gutter the following six courses: 1) South 47°18'42" East, a distance of 11.23 feet; 2) South 48°54'35" East, a distance of 20.34 feet; 3) South 52°56'42" East, a distance of 18.09 feet; 4) South 42°49'00" East, a distance of 20.49 feet; 5) South 39°12' 19" East, a distance of 16.62 feet; 6) South 33°34'32" East, a distance of 18.86 feet, to the northeasterly prolongation of the southeasterly line of said Lot 37; thence along said southeasterly line South 56°42'43" West, a distance of 24.31 feet; thence South 57°00'54" West, a distance of 131.24 feet to the northeasterly right-of-way line of Black Oak Way, as said way is shown on said map, and the beginning of a non -tangent curve to the left, from which point a radial line bears South 49°56'55" West; thence along said right-of- way and along said curve Exhibit "A" Page 1 of 2 00 74, 1 -, � � W 11 having a radius of 614.50 feet, through a central angle of 06°25'08", an arc length of 68.84 feet to the POINT OF BEGINNING, and containing an area of 13.503 square feet, more or less. A plat showing the above description is attached hereto and made part hereof as Exhibit "B". This description was prepared by me or under my direct supervision. Billy Mdrtin, P.L.S. 5797 Expires: 6/30/04 K:VNAIM2000\20000250-50\L.egals\AdjustedLot 37.doc \_NN l UC� - '7 Dated UILLY MN TM EXR 6/30/2004 No. 5797 4�Q yTF OF iALt�C��` Exhibit "A" Page 2 of 2 st Spd xJ 10 No. Hearing i I Distance L1 S 47°18 42 _ a EXHIBIT A 3RF ��s June 18, 2001 ENGINEERS BKF Project No. 20000250-50 SURVEYORS PLANNERS 540 Price Avenue ,dwood City California 94o63-1411 phone 650.482.6300 fax 650.482.6399 www.bkf.com DESCRIPTION OF ADJUSTED LOT 36 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 36 as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 694 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County, and a portion of the Lands of the Roman Catholic Church Leased to Forum Lifecare as said lands are described in that certain document filed for record on September 2, 1987 in Book K282 of Official Records at page 1390, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most westerly corner of Lot 36, as said lot is shown on said map; thence along the northwesterly line of said lot and its northeasterly prolongation North 39°32'47" East, a distance of 150.60 feet to the southwesterly edge of the existing concrete valley gutter; thence along the southwesterly edge of said concrete valley gutter the following five courses: 1) South 51°09'44" East, a distance of 14.75 feet; 2) South 51 °24'40" East, a distance of 13.57 feet; 3) South 54°26'28" East, a distance of 22.53 feet; 4) South 47°28'45" East, a distance of 21.19 feet; 5) South 47°18'42" East, a distance of 11.24 feet to the northeasterly prolongation of the southeasterly line of said Lot 36; thence along said lines South 43°31'47" West, a distance of 151.98 feet to the northeasterly right-of-way line of Black Oak Way, as said way is shown on said map, and the beginning of a non - tangent curve to the left, from which point a radial line bears South 43°31'47" West; Exhibit "A" Page 1 of 2 thence along said right-of-way line and along said curve having a radius of 614.50 feet, through a central angle of 06°46'30", an arc length of 72.66 feet to the POINT OF BEGINNING, and containing an area of 11,778 square feet, more or less. A plat showing the above description is attached hereto and made part hereof as Exhibit `B". This description was prepared by me or under my direct supervision. LAND 8U�' P.L.S. 5797 BILLY MARTIN �,'� Dated Billy Mar in, � EXP. 6/30/2004 � Expires: 6/30/04 K:\MAIN\2000\20000250-50\Legals\AdjustedLot 36.doc No. 5797 Q' OF CAO`q��\ Exhibit "A" Page 2 of 2 I I i I 41 1 N I 1 i I LOT 35 705 M 44-51 i I � I POINT OF BEGINNING I I r l N 39032 47 E 150.60 r i I EDGE OF D EXISTING CONCRETE VALLEY GUTTER I I � Q ADJUSTED LOT 36 I I o UNIT 5 THE FORUM w ! K282 OR 1390 O i � rn 11,778 SO. FT. yl�o r- - �o �I I rn rn j cc G �I c� C I S 43031'47" W R 151.98' i D� I I \-pND ILOT ��0 37 BILLY IN 705 M 44-51 IEX 6/ 0/2004 No. 5797 Iq�F OF CA��F��, I I EXHIBIT "B" Subject ADJUSTED LOT 36 540 Price Avenue OAK VALLEY — UNIT 5 Redwood City, CA 94063 Job No. 20000250-50 Engineers . Surveyors • Planners 650/482-6300 By MK Date 06 18 01 Chkd. TJE 650/482-6399 (FAX) SHEET 1 OF 1 No. Bearing Distance L1 S 51 °09 44 E 14.75 L2 S 51 °24'40" E 13.57' L3 S 54°26 28 E 22.53 L4 S 47°28'45" E 21.19' LS S 47°18 42 E 11.24 l 3RF ENGINEERS SURVEYORS PLANNERS 540 Price Avenue !dwood City California 94o63-1411 phone 650.482.63oo fax 650.482.6399 www.bkf.com June 20, 2001 BKF Project No. 20000250-50 DESCRIPTION OF LOT 36 TRANSFER AREA All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain document filed for record on September 2, 1987 in Book K282 of Official Records at page 1390, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most northerly corner of Lot 36 as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 694 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County; thence North 39°32'47" East, a distance of 8.07 feet to the southwesterly edge of the existing concrete valley gutter; thence along the southwesterly edge of said concrete valley gutter the following five courses: 1) South 51°09'44" East, a distance of 14.75 feet; 2) South 51°24'40" East, a distance of 13.57 feet; 3) South 54°26'28" East, a distance of 22.53 feet; 4) South 47°28'45" East, a distance of 21.19 feet; 5) South 47°18'42" East, a distance of 11.24 feet to the northeasterly prolongation of the southeasterly line of Lot 36, as said lot is shown on said map; thence along said lines South 43°31'47" West, a distance of 13.58 feet to the most easterly corner of said Lot 36 and the beginning of a non -tangent curve to the left, from which point a Exhibit "A" Page 1 of 2 radial line bears South 47°06'56" West; thence along the northeasterly line of said Lot 36 and along said curve having a radius of 600.00 feet, through a central angle of 07°52'28", an arc length of 82.46 feet to the POINT OF BEGINNING and having an area of 875 square feet, more or less. A plat showing the above description is attached hereto and made part hereof as Exhibit "B". This description was prepared by me or under my direct supervision. BUY MARTI� Billy Martin, P.L.S. 5797 ', YEX .°'' 6!30/2004 Dated Expires: 6/30/04 W. 5797 K:\IAIN\2000\20000250-50\Legals\AdjustedFomm Lot 36.doc 0 CA Exhibit "A" Page 2 of 2 y i (ram. 1ALI Engineers • Surveyors • Planners DF BEGINNING 540 Price Avenue Redwood City, CA 94063 650/482-6300 650/482-6399 (FAX) EDGE OF EXISTING CONCRETE VALLEY GUTTER THE FORUM K282 OR 1390 LAND sG G cj4 - ; BILLY t TIN EX P 3012004 No. Bearing Distance L1 N 39°32 47 E 8.07 L2 S 51009 44 E 14.75 L3 S 51 °24 40 E 13.57 L4 S 54026 28 E 22.53 L5 S 47028 45 E 21.19 L6 I S 47018 42 E 1 1.24 L7 I S 43°31 47 W 1 13.58 Subject /,Ko.)5797 PF CA,i-\F TRANSFER AREA LOT 36 OAK VALLEY — UNIT 5 Job No. 20000250-50 By MK Dote 06 20 01Chkd. TJE SHEET 1 OF 1 IEXHIBIT A �� June 20, 2001 3RF BKF Project No. 20000250-50 ENGINEERS SURVEYORS PLANNERS 540 Price Avenue 0wood City California 94o63-1411 phone 650.482.63oo fox 650.482.6399 www.bkf com DESCRIPTION OF LOT 37 TRANSFER AREA All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of the Lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain document filed for record on September 2, 1987 in Book K282 of Official Records at page 1390, in the Office of the Recorder of Santa Clara County, and being more particularly described as follows: BEGINNING at the most easterly corner of Lot 36 as said lot is shown on that certain map entitled "TRACT 9078 OAK VALLEY — UNIT 5" filed for record on July 9, 1998 in Book 694 of Maps at pages 44 through 51, inclusive, in the Office of the Recorder of Santa Clara County; thence North 43°31'47" East, a distance of 13.58 feet to the southwesterly edge of the existing concrete valley gutter; thence along the southwesterly edge of said concrete valley gutter the following SIX courses: 1) South 47°18'42" East, a distance of 11.23 feet; 2) South 48°54'35" East, a distance of 20.34 feet; 3) South 52°56'42" East, a distance of 18.09 feet; 4) South 42°49'00" East, a distance of 20.49 feet; 5) South 39°12'19" East, a distance of 16.62 feet; 6) South 33°34'32" East, a distance of 18.86 feet to the northeasterly prolongation of the southeasterly line of Lot 37, as said lot is shown on said map; thence along said lines South 56°42'43" West, a distance of 24.31 feet to the most easterly corner of said Lot 37 and the beginning of a non -tangent curve to the left, Exhibit "A" Page 1 of 2 SMIX11 MEI from which point a radial line bears South 56°42'43" West; thence along the northeasterly line of said Lot 37 and along said curve having a radius of 600.00 feet, through a central angle of 09°35'47", an arc length of 100.49 feet to the POINT OF BEGINNING and having an area of 2,091 square feet, more or less. A plat showing the above description is attached hereto and made part hereof as Exhibit `B". This description was prepared by me or under my direct supervision. Billy Martin, P.L.S. 5797 Expires: 6/30/04 K:wIAIN\2000\20000250-50\Legals\AdjustedFomm Lot 37.doc � �D S �rrBl %1A RTi � EXR 6/30/2004 • / No. 5797 \Q� Exhibit "A" Page 2 of 2 'Uw7s 21, Dated bftnKmps �k Red Price Avenue Redwood City, CA 94063 Engineers . Surveyors . Planners 650/482-6300 650/482-6399 (FAX) THE FORUM K282 OR 1390 EDGE OF EXISTING CONCRETE VALLEY GUTTER No. Bearing Distance L1 N 43031'47" E 13.58' L2 S 47018'42' E 11.23' 1-3 S 48°54'35' E 20.34' L4 S 52056'42" E 18.09' L5 S 42049'00" E 20.49' L6 S 3901219' E 16.62 L7 S 33°34'32" E 1 18.86' L8 I S 56°42 43 W 1 24.31 \-A N 0 Sfi BILLY IN € 6 30/2004 No. 5797 ',-OF c ak. Subject TRANSFER AREA LOT 37 OAK VALLEY — UNIT 5 Job No. 20000250-50 By MK Date 06 20 01Chkd. TJE SHEET 1 OF 1 Alliance h- ritle PRELIMINARY REPORT ORDER NO. 11009405-006- PB Brian, Kangas & Faulk 540 Price Avenue Redwood City, CA 94063 Attn.: Brad Bilbo Escrow Br. _h: 901 Campisi Way, #360 Campbell, CA 95008 (408) 559-3424 Fax (408) 377-9618 Escrow Officer: Pete Borello/ep Ref. No: Property Address: APN: ARB: 342-05-24.04 and 35.03; 342-40-1 through 319 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein 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 of said Policy or Policies are set forth in Exhibit A attached. 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Owner's Policy Dated as of September 13, 2000 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE as to Parcel(s) One AN EASEMENT as to Parcel(s) Two Title to said estate or interest at the date hereof is vested in: The Roman Catholic Bishop of San Jose, a (California) corporation sole The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. EXHU1 ;e No. 2 r tie No. 11009405-006- PB 1. TAXES for the fiscal year 2000-2001, a, lien not yet due or payable. 2. Taxes are assessed separately for each unit of the Forum at Rancho Antonio, 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 4. An easement affecting a portion of said land and for the purpose stated herein and incidental purposes. The exact location of which cannot be ascertained of record In favor of. G. H. and T. F. Grant For: Water Pipelines Recorded: October 26, 1868 in Book C, Page 241 of Miscellaneous Records 5. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of. Pacific Gas and Electric Company, a California corporation For: right to excavate for, install, replace (of the initial or any other size) maintain and use for conveying gas such pipe line or lines as it shall from time to time elect, with necessary valves and other appliances Recorded: October 3, 1939 in Book 946, Page 522, Official Records Affects: a portion of said land 6. The fact that the ownership of said land does not include any right of ingress or egress to or from Junipero Serra Freeway said right having been relinquished by Final Decree of Condemnation, a certified copy of which was, Recorded: September 7, 1965 in Book 7096, Page 183, Official Records Case No.: 161476, P8390 Except: Lands abutting said freeway shall have no right or easement of access thereto; provided, however, that the remaining lands shall have access in and to a road which shall pass under said freeway, over and across the Southeasterly 40.58 feet of the Northwesterly 58.53 feet of the course described above as "North 58°04'03" West, 210.04 feet", with no right of access to the surface of the traveled way on said freeway. 7. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: The People of the State of California, acting by and through the Department of Public Work For: Utility purposes Recorded: September 7, 1965 in Book 7096, Page 183, Official Records Affects: a portion of the herein described land EXFHB ;e No. 3 I U B r iie No. 11009405-006- PB 8. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Catholic Foreign Mission Society of America For: non-exclusive easement for ingress and egress Recorded: September 11, 1970 in Book 9050, Page 358, Official Records Affects: that portion of said land lying within the bounds of Cristo Rey Drive 9. An irrevocable offer to dedicate an easement for public street and road purposes affecting the portion of said land stated herein, Executed by: The Roman Catholic Archbishop of San Francisco, a (California) corporation sole In favor of. County of Santa Clara Recorded: October 11, 1977 in Book D 197, Page 701, Official Records Affects: that portion of said land lying within the bounds of Cristo Rey Drive Said document also disclosed that the portion of said land hereinabove stated is to be used for ingress and egress, public utilities, storm and sanitary sewers, water pipe lines and street purposes by owners of other parcels of land. 10. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: County of Santa Clara, a political subdivision of the State of California For: public street and road purposes, a right of way and easement Recorded: May 30, 1979 in Book E 530, Page 196, Official Records Affects: that portion of said land lying within the bounds of Cristo Rey Drive 11. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of. County of Santa Clara For: ingress, egress and utilities Recorded: January 19, 1981 in Book F 858, Page 38, Official Records Affects: a portion of said land 12. A Lease, affecting the premises herein stated, for the term and upon the terms, covenants, and conditions in an unrecorded lease referred to therein between the parties named herein, Dated: May 20, 1986 Lessor: The Roman Catholic Archbishop of San Jose Lessee: Bay Area Cellular Telephone Company, a California general partnership Recorded: October 9, 1986 in Book J 877, Page 626, Official Records Term: Fifteen (15) years Affects: a portion of said land and other property The present ownership of said Leasehold and other matters affecting the interest of the lessee are not shown herein. •e No. 4 _ No. 11009405-006- PB 13. A Lease, affecting the premises herein stated, executed by and between the parties named herein, for the term and upon the terms, covenants and conditions therein provided, Dated: October 1, 1987 Lessor: Roman Catholic Bishop of San Jose, a corporation sole Lessee: Forum Lifecare, Inc., an Indiana corporation Term: 85 years Recorded: December 11, 1987 in Book K 387, Page 1708, Official Records. Affects: the herein described property The present ownership of said Leasehold and other matters affecting the interest of the lessee are not shown herein. 14. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: The Roman Catholic Archbishop of San Jose, a corporation sole For: a non-exclusive easement (25.00 feet in width) for ingress, egress and roadway purposes Recorded: December 11, 1987 in Book K 387, Page 1708, Official Records Affects: a portion of said land 15. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino For: Public Roadway purposes Recorded: March 27, 1990 in Book L 340, Page 1227, Official Records Affects: A portion of the herein described land known as Cristo Rey Oval right-of-way and Cristo Rey Drive 16. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein For: Water System Easement for Construction, Operation and Maintenance of Water Line Across Lands of County Dated: February 5, 1990 Executed by: County of Santa Clara, Forum Lifecare, Inc. and Roman_ Catholic Bishop of San Jose and The City of Cupertino Recorded: May 14, 1990 in Book L 354, Page 1233, Official Records. 17. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Cupertino Sanitary District, Santa Clara County, California For: Right to excavate for, install, replace (of the initial or any other size), maintain and use for conveying sewage such pipeline or lines as Grantee shall from time to time elect within the hereinafter described strip of those certain premises Recorded: May 21, 1990 in Book L 362, Page 431, Official Records Affects: a portion of said land ,,e No. 5 ..,e No. 11009405-006- PB NOTE: Parcel 7 of the above described Grant of Easement has been quitclaimed by the Cupertino Sanitary District, a public corporation by Quitclaim Deed recorded March 4, 1992 in Book M 073, Page 1861 of Official Records. 19. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of. City of Cupertino, a Municipal corporation For: Various Easements Recorded: May 23, 1990 in Book L 364, Page 1789, Official Records Affects: a portion of said land Reference to the records is hereby made for further particulars. 19. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a Municipal corporation For: Right of Emergency Ingress and Egress Recorded: May 23, 1990 in Book L 364, Page 2014, Official Records Affects: a portion of said land 20. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a Municipal corporation For: Storm Drain purposes Recorded: May 23, 1990 in Book L 364, Page 2139, Official Records Affects: a portion of said land 21. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a Municipal corporation For: Storm Drain purposes Recorded: May 23, 1990 in Book L 364, Page 2180, Official Records Affects: a portion of said land known as the Storm Drain Retention Basin 22. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of. Cupertino Sanitary District, Santa Clara County, California, a body politic and corporate For: Conveying Sewage Recorded: July 2, 1990 in Book L 405, Page 1597, Official Records Affects: a portion of said land ;e No. 6 r ite No. 11009405-006- PB 23. Covenants, conditions, and restrictions in an instrument Recorded: October 23, 1991 in Book L 900, Page 1026, Official Records. NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. 24. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Pacific Bell For: Public Utility purposes Recorded: October 23, 1991 in Book L 901, Page 1431, Official Records Affects: a portion of said land 25. Covenants, conditions, and restrictions in an instrument Recorded: November 04, 1991 in Book L 918, Page 322, Official Records. NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. 26. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Catholic Foreign Mission Society of America, a California Corporation For: ingress and egress for persons and vehicles, together with an easement for utilities, service lines; the right to install, repair and replace all paving, curbs and any other improvements, pipes, lines, conduits, valves or appurtenances and additional surfacing Recorded: December 2, 1991 in Book L 949, Page 1721, Official Records Affects: a portion of said land 27. Any and all matters disclosed by that certain instrument entitled, "Declaration of Common Interest Development", and upon the terms, covenants and conditions contained therein, Executed by: Rancho San Antonio Retirement Housing Corporation, a nonprofit corporation Recorded: January 28, 1992 in Book M 021, Page 1691, Official Records _ �e No. 7 EXHINI B _1z No. 11009405-006- PB 28. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Cupertino Sanitary District, Santa Clara County, California, a body politic and corporate For: conveying sewage Recorded: March 12, 1992 in Book M 085, Page 1474, Official Records Affects: a portion of said land 29. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Pacific Bell For: Underground communication facilities Recorded: March 28, 1994 in Book N 367, Page 1974, Official Records Affects: a strip of land 5. feet in width, the exact location of which is not disclosed of record. 30. An irrevocable offer to dedicate an easement for public street and road purposes affecting the portion of said land stated herein, Executed by: Roman Catholic Bishop of San Jose, a Corporation sole, successor to Roman Catholic Archbishop of San Francisco and Rancho San Antonio Retirement Housing Corporation In favor of: City of Cupertino, a Municipal corporation Recorded: May 20, 1994 in Book N 451, Page 1249, Official Records Affects: That portion of said land lying within the bounds of St. Joseph Avenue, as follows: Excepting therefrom all that portion thereof, as vacated by Resolution No. 98-125, A Resolution of the City Council of the city of Cupertino ordering vacation of a portion of St. Joseph Avenue, filed for record in the office of the Recorder of the County of Santa Clara on July 9, 1998 under Recorder's Series No. 14274475, Official Records and being more particularly described as follows: All that portion situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the Parcel 1 E of the Lands of the Roman Catholic Bishop of. -San Jose as said lands are described in that certain Final Order of Condemnation No. P 83 90 in the Superior Court of the State of California in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which the decree was recorded September 7, 1965, in Book 7096 of Official Records, page 183, Santa Clara County Records and a portion of that certain roadway easement recorded in that certain Irrevocable Offer to Dedicate Property for Street Purposes filed in the Office of the Recorder of the County of Santa Clara on May 20, 1994 in Book N 451 at pages 1249-1262, inclusive, Santa Clara County Records, being further described as follows: Beginning at a point in the centerline of said roadway easement at the Southerly terminus of the course having a bearing of South 53' 43' 37" East, and a length of 189.70 feet and the beginning of a tangent curve to the right; thence along said curve having a radius of 600.00 feet, through a 4:a oye, r III �e No. 8 .e No. 11009405-006- PB central angle of 4° 48' 01 ", an arc length of 50.27 feet to the true point of beginning; thence continuing along said curve having a radius of 600.00 feet, through a central angle of 150 38' 1911 , an arc length of 163.77 feet to the end of said roadway easement centerline; thence continuing along said easement, South 560 42' 43" West, a distance of 25.00 feet to the Westerly line of said roadway easement and the beginning of a non -tangent curve to the left from which point a radial line bears South 56' 42' 43" West; thence along said curve having a radius of 575.00 feet, through a central angle of 20' 26' 20", an are length of 205.12 feet; thence North 53' 43' 37" West, a distance of 189.70 feet to the beginning of a tangent curve to the right; thence Northerly along said curve having a radius of 725.00 feet, through a central angle of 12' 45' 00", an arc length of 161.33 feet; thence North 40' 58' 37" West, a distance of 31.47 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 425.00 feet, through a central angle of 18' 30' 46", an arc length of 137.32 feet; thence leaving said Westerly line North 58' 49' 07" East, a distance of 10.12 feet to the beginning of a non -tangent curve to the left from which point a radial line bears North 67' 44' 51 " East; thence along said curve having a radius of 415.00 feet, through a central angle of 18' 43' 28", an arc length of 135.62 feet; thence South 40' 58' 37" East, a distance of 31.47 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 715.00 feet, through a central angle of 12' 45' 00", an arc length of 159.11 feet; thence South 53' 43' 37" East, a distance of 189.70 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 585.00 feet, through a central angle of 1 ° 2626", a distance of 14.71 feet to the beginning of a reverse curve from which point a radial line bears North 37' 42' 49" East; thence along said curve having a radius of 50.00 feet, through a central angle of 37' 34' 57", an arc length of 32.80 feet; thence North 89' 52' 08" West a distance of 5.89 feet to the true point of beginning. The bearing North 81 ° 11' 40" East of the lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearing. Said document also disclosed that the portion of said land hereinabove stated is to be used for ingress and egress, public utilities, storm and sanitary sewers, water pipe lines and street purposes by owners of other parcels of land. EXH rB "-fie No. 9 o n No. 11009405-006- PB 31. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, For: Public Roadway Easement and Public Utility Easement Recorded: July 09, 1998 under Recorder's Series No. 14274467, Official Records Affects: as follows: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K 282 at page 1393 of Official Records of the County of Santa Clara and being more particularly described as follows: Beginning at the most Easterly corner of Parcel B as said corner is shown on that certain tract map entitled, "Tract No. 9054, Oak Valley — Unit 1 ", recorded on July 9, 1998 in Book 705 of Maps at pages 13-22, inclusive, Santa Clara County Records; thence along the Westerly line of said lands North 81 ° 1 F 40" East, a distance of 214.00 feet; thence continuing along said lands South 120 56' 32" East, a distance of 245.07 feet and South 09' 27' 06" East a distance of 82.82 feet to the true point of beginning and the beginning of a non -tangent curve to the left from which point a radial line bears South 15' 36' 10" West; thence along said curve having a radius of 206.00 feet, a central angle of 20' 30' 16", an arc length of 73.72 feet; thence North 85' 05' 54" East, a distance of 124.25 feet; thence North 34' 09' 52" East, a distance of 26.13 feet to the Westerly line of a 30 foot wide ingress and egress easement as said easement is described in Book 9050 at page 358, Santa Clara County Records; thence along said line South 04' 54' 06" East, a distance of 88.55 feet; thence leaving said line North 46' 56' 55" West, a distance of 24.59 feet; thence South 85' 05' 54" West, a distance of 124.25 feet to the beginning of a curve to the right; thence along said curve having a radius of 256.00 feet, a central angle of 15' 22' 25", an arc length of 68.69 feet to the Westerly line of said lands of the Roman Catholic Bishop of San Jose; thence along said Westerly line North 09' 27' 06" West, a distance of 54.06 feet to the true point of beginning. 32. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a municipal corporation For: Waterline Easement Recorded: July 09, 1998 under Recorder's Series No. 14274468, Official Records Affects: as follows: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K 282 at page 1393 in the Office of the Recorder of the County of Santa Clara, State of California being more particularly described as follows: e No. 10 EXHI11 ,,e No. 11009405-006- PB Beginning at the most Northerly corner of the parcel described in said Certificate of Compliance recorded in Book K 282 of Official Records at page 1391; thence along the Northerly line of said parcel South 65' 58' 26" East, a distance of 40.03 feet to an angle point in the Westerly line of the parcel described in Book K 282 of Official Records at page 1393; thence along said Westerly line the following seven (7) courses: 1. South 5° 02' 20" West, a distance of 159.35 feet; 2. South 1' 2723" West, a distance of 100.00 feet; 3. South 10 16' 37" East, a distance of 100.00 feet; 4. South 30 02' 54" East, a distance of 68.84 feet to the beginning of a tangent curve to the left; 5. along said curve having a radius of 400.00 feet, through a central angle of 37' 55' 43", an arc length of 264.79 feet; 6. South 40' 58' 37" East, a distance of 31.47 feet to the beginning of a tangent curve to the left; 7. along said curve having a radius of 700.00 feet, through a central angle of 0° 24' 33", an arc length of 5.00 feet to the true point of beginning; thence North 49' 01' 23" East, a distance of 28.41 feet; thence South 40' 58' 37" East, a distance of 37.00 feet; thence North 49' 01' 23" East, a distance of 59.25 feet; thence North 69' 01' 23" East, a distance of 30.50 feet to the Westerly line of the existing water line easement; thence along said line South 23' 5729" East, a distance of 10.01 feet; thence South 69' 01' 23" West, a distance of 29.26 feet; thence South 49' 01' 23" West, a distance of 67.48 feet; thence North 40' 58' 37" West, a distance of 37.00 feet; thence South 49' 01' 23" West, a distance of 18.27 feet to the Westerly line of said parcel described in Book K 282 of Official Records at page 1393 and the beginning of a non -tangent curve to the right, from which point a radial line bears North 47' 47' 43" East; thence along said curve having a radius of 700.00 feet, through a central angle of 0° 49' 07", an arc length of 10.00 feet, to the true point of beginning. The bearing North 81 ° 1 F 40" East of the Northerly line of the lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps, at page 41, Santa Clara County Records, State of California is used as the basis of bearings. 33. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of. City of Cupertino, a municipal corporation For: Public Utility Easement Recorded: July 09, 1998 under Recorder's Series No. 14274469, Official Records Affects: as follows: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K 282 at page 1393 at the Office of the Recorder of the County of Santa Clara, State of California being a strip of land 10 feet wide, the center line of which is described as follows: "-qe No. 11 z No. 11009405-006- PB Beginning at the most Northeasterly corner of Parcel A as said parcel is described in that certain deed recorded on October 11, 1977 in Book D 197 of Official Records at page 696 at the Office of the Recorder of the County of Santa Clara; thence the Northerly line of said parcel, South 81 ° 11' 40" West, a distance of 164.55 feet to the true point of beginning; thence continuing along said line, South 81 ° 11' 40" West, a distance of 49.45 feet to an angle point in the Westerly line of said Lands of the Roman Catholic Bishop of San Jose; thence the Westerly line of said lands, North 330 18' 21" West, a distance of 297.10 feet; thence North 56' 41' 39" East, a distance of 20.00 feet; thence South 33' 18' 21" East, a distance of 151.33 feet; thence North 53' 16' 08" East, a distance of 25.04 feet; thence South 33° 18' 21" East a distance of 167.77 feet to the true point of beginning. The bearing North 81 ° I P 40" East of the Northerly line of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. 34. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: Cupertino Sanitary District, a public corporation For: Sanitary Sewer Purposes Recorded: July 09, 1998 under Recorder's Series No. 14274470, Official Records Affects: as follows: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K 282 at page 1393 of Official Records of the County of Santa Clara and being more particularly described as follows: Beginning at a point in the Westerly line of said lands at the Southerly terminus of the course having a bearing of North 40' 58' 37" West, and a length of 31.47 feet; thence along said line North 40' 58' 37" West, a_ distance of 2.00 feet to the true point of beginning; thence North 49' 0V 23" East, a distance of 37.60 feet; thence North 10' 12' 14" East, a distance of 111.45 feet; thence North 54' 06' 13" East, a distance of 8.83 feet to the Westerly line of the sanitary sewer easement described in that certain document recorded on March 12, 1992 in Book M 85 of Official Records at page 1474 in. the Office of the Recorder of the County of Santa Clara. The side lines of said 10' strip of land to be extended or shortened to terminate at the Westerly line of said of lands and said easement. The bearing North 81 ° 11' 40" East of the Northerly line of the lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps at page 41, Santa Clara County Records, State of California is used as the basis of bearings. Maj Ye No. 12 ,e No. 11009405-006- PB 35. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a municipal corporation For: Overland Release Easement Recorded: July 09, 1998 under Recorder's Series No. 14274471, Official Records Affects: as follows: All that real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of the lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Certificate of Compliance recorded on September 2, 1987 in Book K 282 at page 1393 of Official Records of the County of Santa Clara, State of California and being more particularly described as follows: Beginning at the most Easterly corner of Parcel B as shown on that certain tract map entitled "Tract No. 9054, Oak Valley — Unit 1 ", recorded on July 9, 1998 in Book 705 of Maps at pages 13-22 inclusive, Santa Clara County Records; thence along the Easterly line of said Parcel B North 33' 18' 21" West, a distance of 1114.03 feet to the true point of beginning; thence continuing along said Easterly line North 33' 18' 21" West a distance of 147.70 feet; thence leaving said Easterly line North 56' 41' 39" East a distance of 32.32 feet; thence South 22' 49' 39" East a distance of 150.20 feet; thence South 56' 39' 51" West a distance of 5.00 feet to the Easterly line of said Parcel B to the true point of beginning. 36. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, and/or conditions, and easements, if any, contained therein For: Agreement for and Grant of Covenant Dated: May 17, 1999 Executed by: City of Los Altos and the Roman Catholic Bishop of San Jose, a Corporation Sole Recorded: June 11, 1999 under Recorder's Series No. 14854417, Official Records 37. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 38. Any facts, rights, interests or claims which a correct survey would show. 39. Environmental Responsibility Acceptance: Evidence must be provided that there are no commitment statements in effect under Civil Code Section 850 et seq. with respect to the property. In order to remove this statement, the landowner will need to provide this company with an affidavit stating that they are not aware of any release reports or commitment statements which have been issued under this statute, with respect to the property. EXHIB11 �e No. 13 No. 11009405-006- PB 40. Any facts, rights, interests or claims by parties in possession of said land, which parties are disclosed by a recorded Memorandum of Occupancy Agreement and various other instruments of record. 41. Any and all subleases for the Co -Op Owners, residents or occupants of the Forum at Rancho San -� Antonio. NOTES: a. Date last insured: 09-02-1994 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. Title of the vestee herein was acquired by Deed -- Grantor: Sarah A. Foss, Letitia P. Kendall and Arthur J. Snyder, as the duly appointed, qualified and acting executrices and executor of the last will and testament of Martha Snyder Grantee: The Roman Catholic Archbishop of San Francisco, a corporation sole Recorded: May 13, 1920 in Book 517, Page 40, Official Records. (Affects said land and other property) f. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. g. The fee title interest of the easement shown in the legal description as Parcel Two has merged of record, and is shown herein for informational purposes. -e No. 14 _ No. 11009405-006- PB SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: A portion of the lands of the Roman Catholic Bishop of San Jose, as said lands are described in that certain Certificate of Compliance recorded September 2, 1987 in Book K282, page 1390 of Official Records, and being described therein as a portion of that certain 473 acre tract of land conveyed to the Roman Catholic Archbishop of San Francisco by Deed recorded May 13, 1920 in Book 517 of Deeds at page 40, Santa Clara County Records, and being more particularly described as follows: BEGINNING at the Southeasterly comer of Parcel I as said parcel is described in the final order of Condemnation No. P8390 had in the Superior Court of the State of California in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which decree was recorded September 7, 1965 in Book 7096 of Official Records page 183, Santa Clara County Records, said corner being in the Northwesterly line of that certain 37.92 acre parcel of land conveyed to Catholic Foreign Mission Society of America by Deed recorded July.29, 1929, in Book 478 of Official Records, page 11, Santa Clara County Records; thence from said point of beginning along the general Southwesterly lines of said Parcel 1D, the ten following courses and distances: North 46°47'48" West 37.36 feet, North 771133'00" West 181.89 feet, North 56°49'44" West 166.83 feet, North 50°07'45" West 169.97 feet, North 47°45'48" West 493.95 feet, North 50°48'38" West 200.26 feet, North 46049'49" West 302.17 feet, North 61004'48" West 100.85 feet, North 53033'56" West 492.46 feet, and North 58004103" West 151.88 feet to the Northeasterly corner of Parcel 1 E, as said last named Parcel was described in said Final Order of Condemnation; thence along the Southeasterly line of said Parcel lE South 22°15'34" West 155.09 feet to the most Southerly corner of said Parcel 1 E; thence along the Southwesterly line of said Parcel lE North 65058'47" West 40.87 feet, more or less, to the intersection thereof with the centerline of the paved roadway as follows: South 05°02'20" West 159.41 feet, South 01°27'23" West 100.00 feet, South 01 °16'37" East 100.00 feet, South 03°02'54" East 67.84 feet, Southerly along an are of a tangent curve to the left with a radius of 400.00 feet, through a central angle of 37°55'43", an arc distance of 264.79 feet, tangent to the preceding curve South 40°58'37" East 31.47 feet, Southeasterly along an arc of a tangent curve to the left with a radius of 700.00 feet, through a central angle of 12°45'00", an arc distance of 155.77 feet, tangent to the preceding curve South 53°43'37" East 189.70 feet, Southeasterly along an arc of a tangent curve to the right with a radius of 600.00 feet through a central angle of 20°26'20", an arc distance of 214.04 feet; thence leaving said centerline North 56°42'43" East 25.00 feet; thence at right angles South 33 ° 17' 17" East 1392.84 feet, more or less, to a point in a Northerly line of that certain parcel of land designated as Parcel A, conveyed to County of Santa Clara by Deed recorded October 11, 1977 in Book D 197 of Official Records, page 696, Santa Clara County Records and shown as a 127.884 acre parcel of land upon that certain Record of Survey filed October 2, 1979 in Book 450 of Maps, at page 41, Santa Clara County Records, said point being distant along said Northerly line South 81'13'03" West 214.00 feet from the most Northeasterly corner of said Parcel A; thence along said Northerly line EXHIB11 pq¢e No. 15 No. 11.009405-006- PB North 81 ° 13'03" East 214.00 feet to said most Northeasterly corner of Parcel A; thence along the general Easterly lines of said Parcel A as shown on said Record of Survey the four following courses and distances: South 12°55'09" East 245.07 feet, South 09°25'07" East 745.77 feet, North 75'01'07" East 241.01 feet and South 30°14'39" East 196.71 feet to the most Easterly corner of said Parcel A; thence along the Northeasterly prolongation of the Southeasterly line of said Parcel A, North 51 °02'05" East 477.94 feet, more or less, to the intersection thereof with the Southerly line of said 37.92 acre parcel; thence along said Southerly line North 83°53'21" West 118.42 feet; thence along the Southwesterly and Northwesterly lines of said 37.92 acre parcel the three following courses and distances: North 38°55'21" West 527.73 feet, North 12°33'12" West 976.62 feet, and North 2734'24" East 407.81 feet, more or less, to the point of beginning of this description containing 54.04 acres of land, more or less. PARCEL TWO: An easement (25.00 feet in width) for ingress, egress and roadway purposes, as conveyed by instrument recorded December 11, 1987 in Book K387, page 1708 of Official Records, the Easterly and Northeasterly lines of said easement being more particularly described as follows: BEGINNING at the hereinabove mentioned Southeasterly corner of Parcel IE; thence from said point of beginning along said Southwesterly line of said Parcel 1E North 65°58'47" West 40.87 feet to the intersection thereof with the center line of the paved roadway leading to Saint Joseph's Seminary at the true point of beginning of this description; thence from said true point of beginning along said centerline of said roadway as follows: South 05'02'20" West 159.41 feet, South 01 °27'23" West 100.00 feet, South 01°16'37" East 100.00 feet, South 03°02'54" East 67.84 feet Southerly along an arc of a tangent curve to the left with a radius of 400.00 feet through a central angle of 37°55'43", an arc distance of 264.79 feet, tangent to the preceding curve South 40°58'37" East 31.47 feet, Southeasterly along an are of a tangent curve to the left with a radius of 700.00 feet through a central angle of 12°45'00", an arc distance of 155.77 feet, tangent to the preceding curve South 53°43'37" East 189.70 feet and Southeasterly along an arc of a tangent curve to the right with a radius of 600.00 feet through a central angle of 20°26'20" and arc distance of 214.04 feet to the terminus of this easement. The Northeasterly terminal line for this easement being said Southwesterly line of Parcel IE. ARB No: 342-05-24.04 and 35.03; 342-40-1 through 319 APN No: I U) mz DD Z, 0 -L 0 0 (E) To" B j to a ol X rri m r1l rn rq m Z O > C) c m C:0 Ln Ln Ln z > (.n -P., 0 > X Z u 0 EXHB11 B EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form I Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. —1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in . ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy,which would be binding on the rights of a purchaser for value without knowledge. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which 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 the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE I. Taxes or assessments which 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. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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) water rights, claims or title to water, whether or not the waters excepted under (a), (b) or (c) are shown by the public records. AllianceTitle PRELIMINARY REPORT ®ORDER NO. 11009393-006- PB Brian, Kangas and Faulk 540 Price Avenue Redwood City, CA 94063 Attn.: Brad Bilbo Escrow Bra_.:h: EXFH811 B 901 Campisi Way, #360 Campbell, CA 95008 (408) 559-3424 Fax (408) 377-9618 Escrow Officer: Pete Borello/mb Ref. No: Property Address: 23667 Black Oak Way Cupertino, CA APN: 342-56-021 ARB: -0- In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein 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 of said Policy or Policies are set forth in Exhibit A attached. 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Owner's Policy Dated as of September 11, 2000 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Al L. Powell Jr. and Dori L. Powell, husband and wife as community property The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. ,e No. 2 E INI 4' No. 11009393-006- PB 1. Taxes for the fiscal year 2000-2001, a lien, not yet due or payable. 1 st Installment $4, 842.3 0 Open 2nd Installment $4,842.30 Open Assessor's Parcel No. 342-56-021 Code Area 13-253 Land $708,900.00 IMP $136,600.00 PP NONE Exemp NONE 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 3. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of: City of Cupertino, a Municipal Corporation For: a public street Recorded: May 20, 1994 in Book N 451, Page 1249, Official Records Affects: As follows: Being a strip of land uniform width of 50.00 feet by perpendicular measurement, the centerline of said strip being more particularly described as follows: Beginning at the most Westerly corner that certain 54.04 acre Parcel as said Parcel is described in Volume 2590 of Official Records at Page 95, Santa Clara County Records, said point being also North 65' 58' 47" West, 40.87 feet from the Southeasterly corner of the Parcel as described in Volume 7096 of Official Records at Page 183, Santa Clara County Records said point being the True Point of Beginning of this description. Thence from said True Point of Beginning along the Westerly boundary of said 54.04 Parcel South 05' 02' 20" West 159.41 feet; thence South 01 ° 27' 23" West, 100.00 feet; thence South 01' 16' 37" East 100.00 feet; thence South 03' 022' 54" East 67.84 feet; thence along a curve to the left having a radius of 400.00 feet through a central angle of 37' 55' 43" an arc distance of 264.79 feet; thence South 40' 58' 37" East 31.47 feet; thence along a curve to the left having a radius of 700.00 feet through a central angle of 12' 45' 00" an arc distance of 155.77 feet; thence South 53° 43' 37" East 189.70 feet; thence along a curve to the right having a radius of 600.00 feet through a central angle of 20' 26' 20" an arc distance of 214.04 feet to the terminus of this easement. The Northeasterly terminus of this easement being the Southwesterly line of aforesaid parcel as described in Volume 7096 of Official Records at page 183, Santa Clara County Records. EXCEPTING THEREFROM all that portion of land as vacated by Resolution No. 98-125 of the City Council of the City of Cupertino, filed for record in the office of the Recorder of the County of Santa Clara on July 9, 1998, under Recorder's Series No. 14273697, Official Records and being more particularly described as follows: EXH " le No. 3 I II No. 11009393-006- PB All that real property in the City of Cupertino, County of Santa Clara, State of California, being portion of the Parcel lE of the Lands of the Roman Catholic Bishop of San Jose as said lands are described in that certain Final Order of Condemnation No. P 8390 in the Superior of the State of California in and for the County of Santa Clara, Palo Alto Branch, a copy of the instrument for which the decree was recorded September 7, 1965, in Book 7096 of Official Records, page 183, Santa Clara -eounty Records and a portion of that certain roadway easement recorded in that certain irrevocable Offer to Dedicate Property for Street Purposes filed in the Office of the Recorder of the County of Santa Clara on May 20, 1994 in Book N 451 at pages 1249-1262, inclusive, Santa Clara County Records, being further described as follows: Beginning at a point in the centerline of said roadway easement at the Southerly terminus of the course having a being of South 53' 43' 37" East, and a length of 189.70 feet and the beginning of a tangent curve to the right; thence along said curve having a radius of 600.00 feet, through a central angle of 4' 48' 01" an arc length of 50.27 feet to the True Point of Beginning; thence continuing along said curve having a radius of 600.00 feet, through a central angle of 15' 38' 19", an arc length of 163.77 feet to the end of said roadway easement centerline; thence continuing along said easement, South 56' 42' 43" West, a distance of 25.00 feet to the Westerly line of said roadway easement and beginning of a non -tangent curve to the left from which point a radial line bears South 56' 42' 43" West; thence along said curve having a radius of 575.00 feet through a central angle of 20' 26' 20" an arc length of 205.12 feet; thence North 53' 43' 37" West a distance of 189.70 feet to the beginning of a tangent curve to the right; thence Northerly along said curve having a radius of 725.00 feet, through a central angle of 12' 45' 00" an arc length of 161.33 feet; thence North 40' 58' 37" West, a distance of 31.47 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 425.00 feet, through a central angle of 18' 30' 46" an arc length of 137.32 feet; thence leaving said Westerly line North 58' 49' 07" East, a distance of 10.12 feet to the beginning of a non -tangent curve to the left from which point a radial line bears North 67' 44' 5 1 " East; thence along said curve having a radius of 415.00 feet, through a central angle of 18' 43' 28" an arc length of 135.62 feet; thence South 40' 58' 37" East, a distance of 31.47 feet to the beginning of a tangent curve to the left; thence along said curve having a radius of 715.00 feet through a central angle of 12' 45' 00"an arc length of 159.11 feet; thence South 53' 43' 37" East, a distance of 189.70 feet to the beginning of a tangent curve to the right; thence along said curve having a radius of 585.00 feet, through a central angle of 1' 26' 26" a distance of 14.71 feet to the beginning of a reverse curve from which point a radial line bears North 37' 42' 49"; thence along said curve having a radius of 50.00 feet, through a central angle of 37' 34' 57" an arc length of 32.0 feet; thence North 89' 52' 08" West a distance of 5.89 feet to the True point of Beginning. The bearing North 8 1 ' 11' 40" East of the Lands of Santa Clara County as said line is shown on that certain Record of Survey filed for record on October 2, 1979 in Book 450 of Maps, at page 41, Santa Clara County Records, State of California is used as the basis of bearings. -e No. 4 ...e No. 11009393-006- PB 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, shown or dedicated by the map herein referred to: For: Public Utilities Easement Affects: Southwesterly 7.5 feet of said land 5. Covenants, Conditions and Restrictions in a Declaration of Restrictions, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Recorded: July 9, 1998, under Recorder's Series No. 14274450, Official Records NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions have been modified by an instrument, Recorded: March 25, 1999, under Recorder's Series No. 14721004, Official Records Said covenants, conditions and restrictions have been modified by an instrument, Recorded: June 26, 2000, under Recorder's Series No. 15291448, Official Records Reference to the records is hereby made for further particulars. 6. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, and/or conditions, and easements, if any, contained therein For: Tract Agreement Dated: June 15, 1999 Executed by: City of Cupertino, a Municipal Corporation and The O'Brien Group, a California Corporation Recorded: July 9, 1998, under Recorder's Series No. 14274456, Official Records .� - -e No. 5 1 -4 No. 11009393-006- PB 7. Covenants, conditions and restrictions in the deed, Recorded: June 28, 1999, under Recorder's Series No. 14874268, Official Records NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Reference to the records is hereby made for further particulars. 8. A deed of trust to secure an indebtedness in the original amount shown below, Dated : March 22, 2000 Amount: $1,000,000.00 Trustor : Al L. Powell Jr. and Dori L. Powell Trustee : Tim, Inc. Beneficiary : Bank of America, N.A. Recorded : April 5, 2000, under Recorder's Series No. 15203564, Official Records Address : 6200 Gateway, Cypress, CA 90630-4842 Loan No.: 6535139148 NOTES: a. Date last insured: 4/5/2000 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. " -e No. 6 bo No. 11009393-006- PB e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- Grantor: Kelly Gordon Development Corp. Inc., a California Corporation Grantee: Al L. Powell, Jr. and Dori L. Powell, husband and wife, as community property — Recorded: April 5, 2000, under Recorder's Series No. 15203563, Official Records p--e No. 7 H ON No. 11009393-006- PB SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, -&scribed as follows: Lot 36, as shown on that certain Map of Tract No. 9078 Unit 5, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on July 9, 1998, in Book 705 of Maps, page(s) 44 through 51. ARB No: -0- APN No: 342-56-021 0 °° CM II IJJ.97�I9.16 � \\\ I N 1 I i N n7� \`\ Iz 20 g7 f 9 .wy 1t• _� ``\ III � I IN jN Ip '. f e' L \C b4 �2 ` \`•te\ateIQ�j \O�\\ LL`°\ \r\\� II 91'Z9 2f 2.�2 3 9CLy 7.62 II I 36.39 Ifi.3IlI I \\\ N tff 6\'16 66.I0 L ,c• �lp o. tp \` \.� .�� � i4° eq7j /q „° IUI a �Je•7 ti � /� •'' ppr L 1,9 y0 •96y Io `\b��� w _ t76! �Cv yam•/yV �V °' / Qal c c�? C v C� "oCV 0 vv `` `s o ` yy `\b IOp Vb. a° q e Cr ati IN , 7 V�BJ`g `rO tii. 414 \ ` Jre�ICdl \O��Q y4y ` /r JJ C� / anJ� 6 s la IN �ab 0 7 p tii t 4 `` = co e Ln Jl L` 0 6 ..T.$. �. ♦-pJ bs Iw y7 a e Ceti°b 1-''��dr / w a Za $ s o > 10 m� q ;iii;. EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. —1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which 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 the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which 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. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records. > 4 sTLloop") mlrlaiiil),�] �_Al, i 1 AllianceTitle PRELIMINARY REPORT ORDER NO. 11009399-006- PB Brian, Kangas and Faulk 540 Price Avenue Redwood City, CA 94063 Attn.: Brad Bilbo Escrow Brai,ch: 901 Campisi Way, #360 Campbell, CA 95008 (408) 559-3424 Fax (408) 377-9618 Escrow Officer: Pete Borello/tm Ref. No: Property Address: 23657 Black Oak Way Cupertino, CA APN: 342-56-020 ARB : -0- In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein 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 of said Policy or Policies are set forth in Exhibit A attached. 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Owner's Policy Dated as of September 11, 2000 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Donald J. Kretsch and Ilene M. Kretsch, husband and wife, as community property The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. No. 2 File No. 11009399-006- PB 1. Taxes for the fiscal year 2000-2001, alien, not yet due or payable. 1 st Installment $2,175.46 Open 2nd Installment $2,175.46 Open _ Assessor's Parcel No. 342-56-020 Code Area 13-253 Land $136,566.00 IMP $213,200.00 PP NONE Exemp NONE 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 3. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, shown or dedicated by the map herein referred to: For: Public Utility Easement Affects: Southwesterly 7.5 feet of said land 4. Covenants, Conditions and Restrictions in a Declaration of Restrictions, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Recorded: July 09, 1998 under Recorder's Series No. 14274450, Official Records. NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions have been modified by an instrument, Recorded: March 25, 1999 under Recorder's Series No. 14721004, Official Records. Said covenants, conditions and restrictions have been modified by an instrument, Recorded: June 26, 2000 under Recorder's Series No. 15291448, Official Records. Reference to the records is hereby made for further particulars. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, and/or conditions, and easements, if any, contained therein For: Tract Agreement Dated: June 15, 1998 Executed by: The City of Cupertino, a municipal corporation and The O'Brien Group, a California corporation Recorded: July 09, 1998 under Recorder's Series No. 14274456, Official Records. No. 3 File No. 11009399-006- PB 6. Covenants, conditions and restrictions in the deed, Recorded: March 21, 2000 under Recorder's Series No. 15186813, Official Records. NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision © of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Said covenants, conditions and restrictions do provide for reversion of title in the event of a breach thereof Reference to the records is hereby made for further particulars. 7. A deed of trust to secure an indebtedness in the original amount shown below, Dated : March 14, 2000 Amount: $475,000.00 Trustor : Donald J. Kretsch and Ilene M. Kretsch, husband and wife Trustee : First American Title Beneficiary : Wausau Mortgage Corporation, a Colorado corporation Recorded : March 21, 2000 under Recorder's Series No. 15186814, Official Records Address : P.O. Box 11265, Pleasanton, CA 94588-1265 Loan No.: 410128 NOTES: a. Date last insured: 3-21-00 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. �XHIB11 No. 4 Idle No. 11009399-006- PB e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- Grantor: The O'Brien Group, a California corporation Grantee: Donald J. Kretsch and Ilene M. Kretsch, husband and wife, as community property Recorded: March 21, 2000 under Recorder's Series No. 15186813, Official Records. No. 5 File No. 11009399-006- PB SCHEDULE C LEGAL DESCRIPTION -i'dl that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 37, as shown on that certain Map of Tract No. 9078, Oak Valley Unit 5, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on July 09, 1998 in Book 705 of Maps, page(s) 44 through 51, inclusive. ARB No: -0- APN No: 342-56-020 O L , N _... w cq 11 IJJ.9]�29:16 a��,..e! 1 es � 1 � ~Ii.06 � 7a, 69 11 �• I� �°' 1 c \ Cn 1 I r C.I 4° �a to 1 9C 57. 2 1 i 0 SB.59 S?6J. Cl'Wfi ryry I� 6fi.2 '/yam � / U ``•�� LS G4 t .w , 0444 cl1C yl„ \`> I� V LG LS \ Lw �:� C,v +, d6 • I'V , j `OL coby, yOCG In p9` 60 GC ♦`J � ``''Q' I�„ `V aS,r rr44 ``/6E' OCv,w N ` L9't S9 CL by Ito v a lw da SC'6, r ®LO ,9 IV y z L , (� m Sgi � v ,m L�GL Ao IN \ 1 +$ a D _ 1i O l I� I j c o O S s co c U1 /.tiLG I{" 64• � c O ``oJ L • r 1L G � _ Pia /'•. �,] ��1. a 0 z L4 Z. � N � mg I U1i >� MRto C, ;r I N EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which 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 the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. T IVI `- 1 EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of the4and or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at date of policy, but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which 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. Proceedings by a public agency which 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records.