19770 APPLICANT TO FILL,IN INFORMATION WITHIN RED LINES — USE BALL POINT PEN ONLY
Building Pro'cet•Itlflotidn I - PERMIT NO.
,..7"7
�l o
Build !reser .
,t ' 30 . DERN7-A BLVD. 77' QUDE?nr0
• (f N
owners te
's a : Phone•: a Alg'LI7N g MITIAL DA IE
•A CITY OF CUPERTIN0.6UILDING DIVISION //
S(ConfractorsName:
Mk cNr Q' aN 0 -4-"I
Architect/Engineer. Lie.No:
Lie No: APPLICATION /PERMIT
BUILDING-ELECTRICAL-PLUMBING-MECHANICAL CATEGORY CONTROL S c j/(/I '
-D O
•
•
QTY ELECTRIC PERMIT PEE BUILDING PERMIT INFO
Address — SLUG kW-I PLUMB MU..It
PEEWIT ISSUANCE L I I I
LICENSED CONTRACTOR'S DECLARATION _
I hereby affirm that l am licensed under provisions of Chapter 9(commenc- APPLIANCES-RESIDENTIAL -JOB DFSCRIPIION '
IngwithSection7000)ot Dlvleion3oftheBusiness and professionsCode,and my •sem
license is In toll(came and effect PANELS sin O� / I O�
liceense s in
Lica ,fie ll
Date Contractor UP TO200 AMPS •
ARCHITECT'S DECLARATION 201-1000 AMPS
NO OC I understand my plana shall be used as public records. OVER 1000 AMPS 1^I SQ.FT.FLOOR AREA 5/5Q.FT.
BI! Licensed Professional SIGNS ELEC •
EEB+ OWNER-BUILDER DECLARATION SPk LCIRC RLgC VVV
a I hereby affirm that am exempt from the Contractor's License Law for the
following reason.(Section 7031.5,Business and Professions Code:Anycityor as
FI"�qq�yy cauntywhlch rcquBesapermit roconstmd,alter,improve,dennlish,orrepair
a .METiR Ib ,'�J11}., • .
g�:a anyatructurepelormltsWuance,alsorequlreatheapplicantfor such permitto p0 Q'D
8 file as signed statensent that he Is licensed pursuant to the provisions of the I\�
OµFF.. Contractors License Law(Chapter 9(commencing with Section 7000)of DM- s r VALUATION
i i„3 O sion3ofthe Business and ProfessionsCode)or that he is exempt therefrom and L ECTRI
15�n...333333 the basis for the alleged exemption. Any violation of Section 7037.$by any OU7LE t
�"�•!{'8 applicant fora permit subjects the applicant to a civil penalty of not more than SWI EXTUItES '70i O v 1
Fy RPE five hundred dollars(5.500). ,• / -
QQQQ ❑I,as owner of the property,or my employees with wages as their sole DENTIAL ELECTA SQ.FT. STORIES TYPE CONSTRUCTION
6 compensation,will do the work,and the structure is not intended or offeredfor
> Osale(Sec.7044,Business and Professions Code:The Contractor's License Law
Dv$ does not apply to an owner of property who builds or Improves thereon,and
V. who doesauch work himself or through his own employees,provided that such OCC.GROUP RIS,UNITS
Improvements are not Intended or offered for sale.If,however,the building or TOTAL:
improvement is sold within one yearofcompletion,theownerbullderwlll have -
ETAOD ZONI
theburden of proving that he did not build or Improve for purpose of sale.). QTY. PLUMBING PERMIT FEE E i APN
J .P I,as owner of the property,am exclusively contracting with licensed PERMIT ISSUANCE
. nradore to construct the project(Sec.7044,Business and Professions Code: I
The Contractors License Law does not apply to an owner of property who
ALTER-DRAIN&VENT-WATER(EA)
builds or improves thereon,and who contracts for such projects with a
conjactor(s)licensed pursuant to the Contractor's License Law. FEE SUMMARY
BACK FLOW PROTECT.DEVICE
LJ I am exempt undern _a Sec. B &P C for this reason OUTSIDE FEES
�» 1'nA... .Bs.d.0
DRAINS-FLOOR ROOF,AREA,COND. SANITARY . Y N
11111 Owner . Date -LI'z��yrl RECEIPT#
WORKMAN COMPENSATION DECLARATION . , ' Spi00L TAX Y N
❑I hereby affirm that I have a certificate of consent to self-Insure,or a . RAP R1XPERRECEIPT N
certificate of Workers Compensatlonlnsurance or a certified copy thereof(Sec.
GAS-EA.SYSTEM-1 INCA OUTLETS PARK FEE Y N
3800,lab C.)'
Policy q GAS-EA.SYblTM-OVER 4(G) DING DI N
Commny BUILDING DIVISION FEES �•
Certified copy is hereby furnished. CREASE/INDUSTRL WASTE INTERCEPTOR PLANCI-JECK PEE
Certified copy is filed with the city inspection division.
CERTIFICATE OF EXEMPTION FROM WORKERS' GREASE TRAP PAID
COMPENSATION INSURANCE SEWER-SANITARY-STORM G.200FT. - Date Receipt#
(Thissection need not be completed if the permit is for one hundred dollar P
(SIEo)or lees.) WATER HEATER W/VENT/ELECTR ENERGY PEE Y N
I certify that In the performance of the work for which this permit is blued,
I shall not employ any person n any manner so as to beco subject to the WA.fQtSYS.fFM/.I.[tG.DNG
Workers'Comgen oniaw (California. Date 2 lei/YO PAID _
Z Applicant /!f NEW RESIDFNIIAL PLMB. SOFT. Date Receipt#
Z O NOTICE TO APPLICANT:IL after making this Certificate of Exemption,you
Fshould become subject to the Workers'Compensation provisions of the Labor TOTAL: ! !C�{
N Code,,yyrevoket forthwith comply with such provisions orchis permit shallbed.
BUILDING FEE SNa `+v
0.UJ G CONSTRUCTION LENDING AGENCY • SEISMIC FEE t5',.S'e
I hereby affirmthat there is a construction lending agency for the perform- ELECTRIC FEE
D Z once of the work for which this permit is issued(Sec.3097,Clv.C.) TOTAL:
Lender's Name PLUMBING FEE
LL I— Lenders Address QTY. MECHANICAL PERMIT FEE MECHANICAL FEE
U I certify that I have read this application and pate that the above information
O W is correct.I agree to comply with all city and county ordinances and state laws PERMIT ISSUANCE • FEES PAID:
} !L relating tobuilding construction,and hereby authorize representatives of this
res city to enter upon the above-mentioned property for inspection purposes. ALTER ORADDTO MECH. '
? (We)agree to save,indemnify and keep harmless the City of Cupertino— Da[e Receipt#
U againstliabilities,judgments,costs and expenses which may in any way accrue AIR HANDLING UNIT(T010,030 CFM) SUBTOTAL:
against sal/fit),In uence of the granting of this permit.
//,1 // ^ ,/D_/iO AIR HANDLING UNIT(OVER 10,000CFn4) CONSTRUCTION TAX
§/Ig//tumlo'(Applinn!/Contranor /IDDaatteJ EXHAUST HOOD(W/DUC)) CONSTRUCTION TAX PAID: ,
HAZARDOUS MATERIALS DISCLOSURE
Will the applicant or future building occupant atom or handle hazardous HEATING UNIT(TO 100,000 BTU) Date ReCei•t# 'N"
material as defined by the Cupertino Municipal Code,Chapter 9.12,and the
FlealthandSafetyCod Section25532is17 HEATING UNIT(OVER100,0E0BTU) TOTAL: 4 /010
nn Yes , No
Will the pplicant or future building occupant use equipment or devices VENTILATION FAN(SINGLE RFSID) • pi/JOE DATE
which emit hazardous air contaminants as defined by the Bay Area Air
I Quality Management District?. BOILER-COMP(3111"OR 100,000 BTU)
E?Yes ' us
`f' No
have read the hazeifet materials requirements under Chapter 6.95 of BOILER-COMP(OVER 100,000BM -t �� ��J�
the Califunderstand
Health&building
Code,Sessions 25505,75513 and 25534. 1 r ,.
understand that if the building does not currently have a tenant,that it is my NEW RESIDENTIAL MEG!. Farr.
responslblll to notify the pant of the requirements which must be met - - - - Cit f r;inoy'no
pr o issu ce or a Celli ate of Occupancy. Il
seer or authorized agent :/
to ISSUED
TOTAL:
OFFICE COPY
aria-
•
•
SECURITY PACIFIC NATIONAL BANK
CA_tOR•1A R'EA'L ES'A1E INDUSTPIES N5.126
• SAN FFPNC5L0 CSUFCRt- A •"Er_P,ONE:=+5jda5-43a2
1`AI'_IhO AD..4ESS.COS'OFFICE?CZ 70e.SAN aF.NCS'C CAL.FO?NI sat20
February 28 , 1990 :
•
Building Department
CITY OF CUJPERTINO
10300 Torre Avenue
Cupertino, CA 95014
Dear Sir or Madam:
Re: Marian.; Project – North DeAnza Boulevard at Homestead Road
Security Pacific National Bank is the lien holder on the property
noted above and is aware of the proposed demolition of the
existing structures On that parcel .
• The City of Cupertino is authorized by Security Pacific National
Bank to issue a demolition permit for this work.
Sincerely,
-gam / /%
Paul Nakao
Vice President
Attachment : Notary Acknowledgement
•
sTATh OF CALIFOF:NIA
San Francisco 66.
courrir. (Dr
On F. ebcult,�,28, 149.0_._r_.__ __,_ ,before me,the undersigned,a Neter,Public In end for said Slate,personally appeared
Paul N k.a.t?______. __N_—. ______.__Y personally known to me or proved to me on the basis of
u *********************_____ *Yrs;****************ex RA�.*"th.i —
a:151aelery evidence i0 0•?a Vice �realhont,end..._.._..._.a._—T.—
'Rnown to ma or proved t0 me on thhy basis of satisfactory evidence to De a **k'***********:.��.
of the SE C i✓RiTY PACIFIC NATIONAL F.ANK,the association that executed the within Instrument,Known to me to be the persons who executed Me withlr*
Instrument on behalf alt me association!herein named,ar.d acknowledged to me mat ouch association executed the same.And acknowledged to me that
buck association fle^_ufed the within Inetrurnant pursuant to Its by-laws or a rasolutlon Ito board of directors,
•
WITNESS 5_'a"Ip „w
4111 • OFFICIAL SEAL
art, KATHY SOLTEA0
(Seal) ,',, Hasryy Puteo.. fltomts
ri.'.;, Ay Caw.ft,Yat.F9,ten 'L_LL.s1l a
Notary Public's Signature)
Baan;a 5.&a 25 As 6snk Oeicer'i Notarial Acknowledgoment Kathy So. er
•
•
C Cr )
Continental Lawyers
Title Company
• Subsidiary of
Lwyerslitle InsuranceCrporation
•
Preliminary Report
•
CC-104(12189)FFS
•
•
CONTINENTAL LAND TITLE COMPANY
• A SUBSIDIARY OF
LAWYERS TITLE INSURANCE CORPORATION
2ND
UPDATE 2150 N . FIRST ST .#102
SAN JOSE , CA 95131
(408 ) 922-0814
• MARIANI FINANCIAL ESCROW OFFICER SHARMAN MCKENNA
• 4 MAIN ST . , 2ND FL . TITLE OFFICER MICHAEL D . HICKEY
o LOS ALTOS, CA 94022 BUYERS NAME
PROPERTY ADDRESS 10930 N . SARATOGA-
SUNNYVALE RD . , CUPER-
ATTN : JOHN DELMAR TINO, CA
YOUR NO .
DATED AS OF FEBRUARY 9, 1990 AT 7 : 30 A.M. OUR NO . sP160320
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE,
CONTINENTAL LAND TITLE COMPANY
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF
THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE
• LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B 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 THE ATTACHED LIST. .COPIES OF THE POLICY FORMS
SHOULD BE READ . THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
REPORT .
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR
THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND
NO LIABILITY IS ASSUMED HEREBY . IF IT IS DESIRED THAT LIABILITY BE ASSUMED
PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMIT-
MENT SHOULD BE REQUESTED .
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS :
1 . CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [
2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY I I.
3 . AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY. I I
• 4. AMERICAN LAND . TITLE ASSOCIATION LOAN POLICY [ xl
asp/
>' ••••••-1 .
TITLE OFFICER, MICHAEL D . -HICKEY
•
•
• SCHEDULE A
PAGE 2
ORDER NO • SP16O320
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 :
MARIANI GROUP OF COMPANIES, A LIMITED PARTNERSHIP
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SANTA CLARA, CITY OF CUPERTINO AND IS DESCRIBED AS FOLLOWS :
SEE EXHIBIT "A" ATTACHED HERETO
•
•
• EXHIBIT "A"
PAGE 3
ORDER NO . SP160320
PARCEL 1 :
BEGINNING AT THE ESTABLISHED 1/4 SECTION CORNER IN THE CENTER OF SEC-
TION 12, TOWNSHIP 7 SOUTH, RANGE 2 WEST, M. D.B . & M . , SAID CORNER
STANDING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE SARA-
TOGA AND MOUNTAIN VIEW ROAD WITH THE SOUTH LINE OF THAT PART OF THE
YOUNG ROAD, LAYING EAST ON SAID SARATOGA AND MOUNTAIN VIEW ROAD AND
FROM WHICH 1/4 SECTION CORNER A 4" X 4" WITNESS POST IN THE EAST LINE
OF SAID SARATOGA AND MOUNTAIN VIEW ROAD AND MARKED W . P . BEARS NORTH
89° 24' EAST 30 FEET; AND RUNNING THENCE ALONG SAID SOUTHERN LINE OF
SAID YOUNG ROAD, NORTH 89° 24' EAST 13 .525 CHAINS TO A 4" X 4" POST
MARKED D . H . I . B . G . ; THENCE LEAVING SAID ROAD AND RUNNING MIDWAY
BETWEEN TWO ROWS OF ORCHARD TREES SOUTH 0° 1' WEST 12.655 CHAINS TO A
STAKE; THENCE SOUTH 89° 24' WEST 13 .525 CHAINS, MORE OR LESS TO A
STAKE STANDING IN THE CENTER LINE OF SARATOGA AND MOUNTAIN VIEW ROAD;
THENCE NORTH AND ALONG THE CENTER LINE OF SAID SARATOGA AND MOUNTAIN
VIEW ROAD 12 . 655 CHAINS TO THE PLACE OF BEGINNING • CONTAINING 7 .11
ACRES, MORE OR LESS, AND BEING A PART OF THE EAST 1/2 OF SECTION 12,
. TOWNSHIP 7 SOUTH, RANGE 2 WEST, M . D. B . & M. , AND PART OF THE PRE-
MISES CONVEYED BY WM. FRUHLING TO BLAKE, GRANT AND ROSS BY DEED OF
JULY 7, 1885 AND RECORDED IN BOOK 80 OF DEEDS, PAGE 80, SANTA CLARA
COUNTY RECORDS, COURSES TRUE . MAG. VAR . 16' 43' EAST SURVEYED MARCH
17, 1891 BY HERRMANN BROS . SURVEYORS AND C . E •
EXCLUDING THEREFROM THAT CERTAIN ONE ACRE OF LAND IMMEDIATELY
SURROUNDING THE RESIDENCE SITUATED ON SAID DESCRIBED PROPERTY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF THE ABOVE
DESCRIBED PROPERTY, ADJACENT TO AND ABUTTING THE SUNNYVALE-SARATOGA
ROAD, 210 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL OF PROPERTY;
THENCE RUNNING IN A GENERAL EASTERLY DIRECTION AND PARALLEL TO THE
SOUTHERLY BOUNDARY LINE OF SAID PROPERTY 363 FEET; THENCE NORTHERLY
AND PARALLEL TO THE WESTERLY BOUNDARY LINE 120 FEET; THENCE WESTERLY
AND PARALLEL TO THE SOUTHERLY BOUNDARY LINE RUNNING 363 FEET TO THE
WESTERLY BOUNDARY LINE; THENCE SOUTHERLY AND ALONG THE WESTERLY BOUN-
DARY LINE OF THE PLACE OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE CERTAIN PORTIONS AS CONTAINED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION HAD IN THE SUPERIOR COURT OF- THE
STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, ACTION NO :
115717, ENTITLED THE PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, PLAINTIFF , VS . WILLIAM E .
SILVEIRA, ET AL DEFENDANTS", A CERTIFIED COPY OF WHICH WAS RECORDED
• IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON FEBRUARY 16, 1962, IN BOOK 5470 OF OFFICIAL RECORDS,
PAGE 611, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
•
•
• EXHIBIT "A" PAGE 4
CONTINUED
ORDER NO . SP160320
COMMENCING AT THE NORTHWESTERLY CORNER OF THE 17. 11 ACRE TRACT OF
LAND DESCRIBED IN THE DEED TO PAUL MARIANI RECORDED AUGUST 9, 1919,
IN BOOK 491 OF DEEDS, AT PAGE 309, SANTA CLARA COUNTY RECORDS; THENCE
ALONG THE CENTER LINE OF THE EXISTING STATE HIGHWAY IN SANTA CLARA
COUNTY RECORDS, ROAD IV-SC1-114-A, SOUTH 0°07' 20" WEST, 505 .23 FEET
TO THE NORTHERLY LINE OF THE 1 ACRE TRACT OF LAND DESCRIBED AS AN
EXCEPTION IN THE DEED TO MATHILDA MARIE SOUSA, ET AL, RECORDED
OCTOBER 22, 1952, IN BOOK 2512 AT PAGE 43, OFFICIAL RECORDS OF SANTA
CLARA COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE NORTH
89°32' 45" EAST 40 .00 FEET TO A LINE PARALLEL WITH AND DISTANT 40 .00
FEET EASTERLY, AT RIGHT ANGLES FROM SAID CENTER LINE; THENCE ALONG
SAID PARALLEL LINE, NORTH 0°07' 20" EAST 250 .73 FEET; THENCE NORTH
9°46 ' 15" EAST 119 .33 FEET; THENCE NORTH 0°07' 20" EAST 29 .59 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 110 .00
FEET, THROUGH AN ANGLE OF 25 °50 ' 22", AN ARC LENGTH OF 49 .61 FEET TO A
POINT OF COMPOUND CURVATURE; THENCE FROM A TANGENT THAT BEARS NORTH
25°57' 42" EAST, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 30.00
FEET, THROUGH AN ANGLE OF 34°23' 04" AN ARC LENGTH OF 18 .00 FEET TO A
POINT OF COMPOUND CURVATURE; THENCE FROM A TANGENT THAT BEARS NORTH
60°20 ' 46" EAST, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 290.00
FEET, THROUGH AN ANGLE OF 20°06 ' 14" , AN ARC LENGTH OF 101 .75 FEET;
THENCE NORTH 50°27' 00" EAST, 86 .12 FEET TO THE NORTHERLY LINE OF SAID
17 . 11 ACRE TRACT; THENCE ALONG LAST SAID LINE SOUTH 89°32' 25" WEST
• 263 . 31 FEET TO THE POINT OF COMMENCEMENT .
COMMENCING AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 17.11 ACRE
TRACT OF LAND DESCRIBED IN THE DEED TO PAUL MARIANI RECORDED AUGUST
9, 1919, IN BOOK 491 OF DEEDS, AT PAGE 309, SANTA CLARA COUNTY
RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL NORTH
89°32' 25" EAST 40 .00 FEET TO A LINE PARALLEL WITH AND DISTANT 40.00
FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE EXISTING
STATE HIGHWAY IN SANTA CLARA COUNTY ROAD IV-SC1-114-A; THENCE ALONG
SAID PARALLEL LINE NORTH 0°07120" EAST 210.00 FEET TO THE SOUTHERLY
LINE OF THE 1 ACRE TRACT OF LAND DESCRIBED AS AN EXCEPTION IN THE
DEED TO MATHILDA MARIE SOUSA, ET AL, RECORDED OCTOBER 22, 1952, IN
BOOK 2512, AT PAGE 43, OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE
ALONG LAST SAID SOUTHERLY LINE SOUTH 89°32'25" WEST, 40.00 FEET TO
SAID CENTER LINE; THENCE ALONG SAID CENTER LINE SOUTH 0°07'20" WEST,
210 .00 FEET TO THE POINT OF COMMENCEMENT .
ALSO EXCEPTING THEREFROM THAT CERTAIN PORTION AS CONTAINED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION HAD IN THE SUPERIOR COURT OF THE
STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA, ACTION . NO .
143060, ENTITLED "THE PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, PLAINTIFF, VS . LESTER AND
LESTER, A CORPORATION, ET AL, DEFENDANTS" , A CERTIFIED COPY OF WHICH
WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
• CLARA, STATE OF CALIFORNIA, ON JANUARY 17, 1964, IN BOOK 6350 OF
OFFICIAL RECORDS, PAGE 571, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
•
• EXHIBIT "A" PAGE 5
CONTINUED _
ORDER NO . sP154942
BEGINNING FOR REFERENCE AT THE SOUTHWESTERLY CORNER OF THE 17 .11 ACRE
TRACT OF LAND DESCRIBED IN THE DEED TO PAUL MARIANI , RECORDED AUGUST
9, 1919, IN BOOK 491 OF DEEDS, AT PAGE 309, SANTA CLARA COUNTY
RECORDS ; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH
89°22' 54" EAST, 40. 00 FEET TO A POINT ON A LINE PARALLEL WITH AND
DISTANT 40 .00 FEET EASTERLY, AT RIGHT ANGLES FROM THE CENTER LINE OF
THE EXISTING STATE HIGHWAY IN SANTA CLARA COUNTY, ROAD IV-SC1-114-A,
SAID POINT BEING THE TRUE POINT OF COMMENCEMENT; THENCE ALONG SAID
PARALLEL LINE NORTH 1°04' 48" EAST 210 .10 FEET TO THE SOUTHERLY LINE
OF THE 1 ACRE TRACT OF LAND DESCRIBED AS AN EXCEPTION IN THE DEED TO
MAHILDA MARIE SOUSA, ET AL, RECORDED OCTOBER 22, 1952, IN BOOK 2512,
AT PAGE 43, OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE ALONG LAST
SAID LINE SOUTH 89°31'48" EAST 20.00 FEET THENCE SOUTH 1°04' 48" WEST,
52 . 98 FEET; THENCE SOUTH 14°34'57" EAST 162. 89 FEET TO THE FIRST SAID
SOUTHERLY LINE; THENCE ALONG LAST SAID LINE NORTH 89°22'54" WEST
63 . 97 FEET TO THE POINT OF BEGINNING .
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO COUNTY OF
SANTA CLARA, BY DEED RECORDED SEPTEMBER 1, 1967, IN BOOK 7842 OF
OFFICIAL RECORDS, PAGE 532, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
110 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF HOMESTEAD ROAD 40 FEET
WIDE, FORMERLY YOUNG ROAD, AT THE NORTHEAST CORNER OF THAT CERTAIN
PORTION OF LAND DESCRIBED AS PARCEL 1 CONTAINED IN THAT CERTAIN FINAL
ORDER OF CONDEMNATION FO,, THE COUNTY OF SANTA CLARA, STATE OF CALI-
FORNIA, RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, ON FEBRUARY 16, 1962, IN BOOK 5470 OF
OFFICIAL RECORDS, AT PAGE 611; THENCE FROM SAID POINT OF BEGINNING
EASTERLY ALONG SAID SOUTHERLY LINE OF HOMESTEAD ROAD - TO A POINT IN
THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY JACK
MARIANI ET UX . , TO JACK MARIANI , ET AL, BY CONVEYANCE WITHOUT CON-
SIDERATION RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 3332 OF OFFICIAL RECORDS,
AT PAGE 434; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 10 FEET, MORE
OR LESS, TO A LINE PARALLEL WITH AND DISTANT 10 .00 FEET SOUTHERLY
MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY LINE OF HOMESTEAD ROAD;
THENCE WESTERLY ALONG SAID PARALLEL LINE 513 FEET TO A POINT; THENCE
AT RIGHT ANGLES SOUTHERLY 10 FEET TO A LINE PARALLEL WITH AND 20
FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM SAID SOUTH LINE OF
HOMESTEAD ROAD; THENCE WESTERLY ALONG SAID LAST HEREIN BEFORE MEN-
TIONED PARALLEL LINE TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY
LINE OF SAID PARCEL OF LAND DESCRIBED AS PARCEL 1 CONTAINED IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION; THENCE NORTHEASTERLY ALONG THE -
SAID EASTERLY BOUNDARY LINE TO THE POINT OF BEGINNING, AND CONTAINING
APPROXIMATELY 0. 19 ACRES OF LAND, LYING SECTION 12, TOWNSHIP 7 SOUTH,
RANGE 2 WEST, M .D .B. & M.
PARCEL 2 :
A PORTION OF THAT PARCEL OF LAND CONVEYED TO STATE OF CALIFORNIA, BY
DEED NO . 29605, RECORDED JANUARY 16, 1963, IN VOLUME 5867, PAGE 207,
OFFICIAL RECORDS OF SANTA CLARA COUNTY, DESCRIBED AS FOLLOWS :
•
•
• EXHIBIT "A" PAGE 6
CONTINUED
ORDER NO . SP160320
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL SOUTH 1°06 ' 09" WEST, 189.46 FEET;
THENCE NORTH 85 °05 ' 26" WEST, 196.21 FEET; THENCE FROM A TANGENT THAT
BEARS NORTH 82°12' 59" WEST, ALONG A CURVE TO THE RIGHT WITH A RADIUS
OF 1000 . 00 FEET, THROUGH AN ANGLE OF 8 '47' 11" AN ARC LENGTH OF
153 . 35 FEET; THENCE NORTH 75°46' 36" WEST 344.18 FEET; THENCE NORTH
72°43 ' 25" WEST 74.01 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 50 . 00 FEET, THROUGH AN ANGLE OF 58°08 ' 28" , AN ARC LENGTH OF
50 . 74 FEET; THENCE NORTH 14°34' 57" WEST 7.20 FEET TO THE NORTHERLY
LINE OF SAID PARCEL; THENCE ALONG LAST SAID LINE SOUTH 89°22' 54"
EAST, 788 .58 FEET TO THE POINT OF COMMENCEMENT.
PARCEL 3 :
BEGINNING AT A POINT ON THE CENTER LINE OF SUNNYVALE-SARATOGA ROAD,
SAID POINT BEING DISTANT THEREON NORTH 210 .00 FEET FROM THE SOUTH-
WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED
FROM PAUL MARIANI , ET UX, TO MATHILDA MARIE SOUSA AND WINIFRED
PAULINE THILTGEN, DATED JANUARY 12, 1952 AND RECORDED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON
OCTOBER 22, 1952, IN BOOK 2512 OF OFFICIAL RECORDS, AT PAGE 43;
THENCE FROM SAID POINT OF BEGINNING AND LEAVING LAST SAID LINE AND
• PARALLEL WITH THE SOUTHERLY LINE OF SAID LANDS TO SOUSA AND THILTGEN,
EASTERLY 363 . 00 FEET TO A POINT; THENCE NORTHERLY AND PARALLEL WITH
THE WESTERLY LINE OF SAID LANDS DEEDED TO SOUSA AND THILTGEN 120 .00
FEET TO A POINT; THENCE WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE
OF SAID LANDS DEEDED TO SOUSA AND THILTGEN 363 .00 FEET TO A POINT ON
THE CENTER LINE OF SUNNYVALE-SARATOGA ROAD; THENCE SOUTHERLY ALONG
LAST SAID LINE 120 .00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OF PARCEL 3 AS DESCRIBED IN THAT CERTAIN
FINAL ORDER OF CONDEMNATION BY THE PEOPLE OF THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, PLAINTIFF , VS .
WILLIAM E . SILVEIRA, ET AL, DEFENDANTS, A CERTIFIED COPY OF WHICH
ORDER WAS RECORDED ON FEBRUARY 16, 1962, IN BOOK 5470 OF OFFICIAL
RECORDS, AT PAGE 611, SANTA CLARA COUNTY AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 1 ACRE PARCEL
OF LAND DESCRIBED AS AN EXCEPTION IN THE DEED TO MATHILDA MARIE
SOUSA, ET AL, RECORDED OCTOBER 22, 1952, IN BOOK 2512, AT PAGE 43,
OFFICIAL RECORDS OF SANTA CLARA COUNTY; THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL NORTH 89°32' 25" EAST, 40 .00 FEET TO A LINE
PARALLEL WITH AND DISTANT 40 .00 FEET, EASTERLY, AT RIGHT ANGLES FROM
F
F .
•
EXHIBIT "A" PAGE 7
. CONTINUED ORDER NO . SP160320
THE CENTER LINE OF THE EXISTING STATE HIGHWAY IN SANTA CLARA COUNTY,
ROAD IV-SC1-114-A; THENCE ALONG SAID PARALLEL LINE SOUTH 0°07' 20"
WEST, 120 .00 FEET TO THE SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG
SAID SOUTHERLY LINE SOUTH 89°32' 25" WEST, 40.00 FEET TO SAID CENTER
LINE; THENCE ALONG LAST SAID LINE NORTH 0°07' 20" EAST, 120 .00 FEET TO
THE POINT OF COMMENCEMENT .
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID EXISTING STATE
HIGHWAY .
APN #316-01-014, 024
ARB #316-01-014, 024
•
• SCHEDULE B
PAGE 8
ORDER NO . SP160320
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS :
A . PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY
ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1989 - 1990 .
1ST INSTALLMENT : $267.99 PAID
2ND INSTALLMENT : $267 .99 OPEN
LAND : $34,714.00
IMPROVEMENTS : $5,166 .00
H/0 EXEMPTION : NONE SHOWN
CODE AREA : 13129
ASSESSMENT NO . : 316-01-014
B . PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY
ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1989 - 1990 .
1ST INSTALLMENT : $5,904. 85 PAID
2ND INSTALLMENT : $5,904.85 OPEN
• LAND : $738,336 .00
IMPROVEMENTS : $26,095 . 00
H/0 EXEMPTION : NONE SHOWN
CODE AREA : 13129
ASSESSMENT NO . : 316-01-024
C . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3 .5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1 . AN AGREEMENT ON THE TERMS AND CONDITIONS CONTAINED THEREIN,
FOR : A RIGHT OF WAY FOR A PIPE LINE FOR THE PURPOSE OF
CONVEYING WATER
EXECUTED BY : PAUL MARIANI , ET AL AND TOM KAPANICA, ET AL
RECORDED : FEBRUARY 27, 1935, BOOK 724, OFFICIAL RECORDS •
PAGE 28
2. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS
OF INGRESS AND EGRESS TO AND FROM THE ADJOINING FRONTAGE ROAD OVER
THE COURSE DESCRIBED AS SOUTH 14`34' 57" EAST 162.87 FEET, SAID RIGHTS
HAVING BEEN ACQUIRED BY THE STATE OF CALIFORNIA IN FINAL ORDER OF
CONDEMNATION, RECORDED JANUARY 17, 1964, IN BOOK 6350 OF OFFICIAL
RECORDS, PAGE 571.
AFFECTS PARCEL 1
• 3 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS
OF INGRESS AND EGRESS TO AND FROM THE ADJOINING FREEWAY, SAID RIGHTS
HAVING BEEN RESERVED BY STATE OF CALIFORNIA IN THE DEED RECORDED
FEBRUARY 15, 1965, IN BOOK 6848 OF OFFICIAL RECORDS, AT PAGE 76 .
AFFECTS PARCEL 2
•
. SCHEDULE B PAGE 9
CONTINUED
ORDER NO . sp160320
4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO
AS SET FORTH IN A DOCUMENT
GRANTED TO : CUPERTINO SANITARY DISTRICT OF SANTA CLARA COUNTY
PURPOSE : THE RIGHT TO EXCAVATE FOR INSTALL, MAINTAIN AND
USE FOR CONVEYING SEWAGE SUCH PIPE LINE
RECORDED : APRIL 11, 1969, BOOK 8496, OFFICIAL RECORDS .
PAGE 574
SERIES NO . : 3599663
AFFECTS : WESTERLY AND SOUTHERLY 12 FEET OF SAID LAND OF
PARCEL ONE AND PARCEL TWO
5 . ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON
OF THE FOLLOWING FACTS SHOWN ON A SURVEY PLAT ENTITLED "A. L .T. A. SUR-
VEY" DATED SEPTEMBER 1, 1988 PREPARED BY MISSION ENGINEERS, JOB
#88100 :
A) HIGH VOLTAGE OVERHEAD WIRES AFFECTING A SOUTHWESTERLY PORTION OF
PARCELS 1 AND 3
B) A FENCE ENCROACHMENT AFFECTING A SOUTHWESTERLY PORTION OF PARCEL
1
• C ) MANHOLES AFFECTING VARIOUS PORTIONS OF PARCELS 1 AND 3
D) A WATER METER AFFECTING A NORTHERLY PORTION OF PARCEL 1.
E) PUBLIC IMPROVEMENT ENCROACHMENTS AFFECTING A NORTHERLY PORTION OF
PARCEL 1 .
F ) "BMW" SIGN ENCROACHMENT AFFECTING A NORTHERLY PORTION OF PARCEL 1
6 . A CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT
SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY :
AMOUNT : $55,350,000.00
DATED : SEPTEMBER 29, 1988
TRUSTOR : THE MARIANI GROUP OF COMPANIES, A CALIFORNIA
LIMITED PARTNERSHIP
TRUSTEE : EQUITABLE DEED- COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY : SECURITY PACIFIC NATIONAL BANK, A NATIONAL
BANKING ASSOCIATION
RECORDED : OCTOBER 3, 1988, BOOK K704, OFFICIAL RECORDS
PAGE 615
LOAN NO . : NONE SHOWN
AN ASSIGNMENT OF LEASES EXECUTED BY THE MARIANI GROUP OF COMPANIES IN
FAVOR OF SECURITY PACIFIC NATIONAL BANK, RECORDED OCTOBER 3, 1988,
RECORDED OCTOBER 3, 1988, BOOK K704, OFFICIAL RECORDS, PAGE 635 .
• AMENDED AND RESTATED DEED OF TRUST WITH ASSIGNMENT OF RENTS AND FIX-
TURE FFICIAL RECORDS,
PAGE 253.NWHEREIN RTHE LOAN AMOUNT DED JUNE 14, 98WAS 9, BREDUCED OOK 4TO0$10,288,000.00.
AMENDED AND RESTATED ASSIGNMENT OF LEASES, RECORDED JUNE 14, 1989,
BOOK K984, OFFICIAL RECORDS, PAGE 273.
•
•
•
I • SCHEDULE B PAGE 10
CONTINUED
ORDER NO . SP160320
7 . MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF
SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE
PARTIES IN POSSESSION THEREOF .
8 . WATER RIGHTS , CLAIMS OR TITLE TO WATER .
9 . A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER,
SHOWING
DEBTOR : MARIANI PACKING CO . , INC .
SECURED PARTY : SAN JOSE PRODUCTION CREDIT ASSOCIATION
DATE : AUGUST 29, 1989
RECORDED : SEPTEMBER 5, 1989, BOOK L082, OFFICIAL RECORDS .
PAGE 474
SERIES NO . : 10241978
•
•
•
ggiSCHEDULE B PAGE 11
IMPCONTINUED ORDER NO . SP160320
NOTE NO . 1 : THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN
TWO (2) YEARS OF THE DATE OF THIS REPORT .
NOTE NO . 2 : THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH THIS TITLE ORDER, WILL BE BASED ON THE SHORT-TERM RATE .
NOTE NO . 3 : GRANT DEEDS DESCRIBING SAID LAND WILL BE SUBJECT TO A $10 .00
FEE FOR SURVEY MONUMENT PRESERVATION FUND AT TIME OF RECORDING .
NOTE NO . 4 : ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER ' S OFFICE WILL
CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20 . 00
RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOM-
PANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT. " IN LIEU OF SAID
REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE
IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE TRANSFEREE
THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA. OUR TITLE
BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICABLE .
NOTE NO . 5 : PURSUANT TO THE TAX REFORM ACT OF 1986, AN ESCROW AGENT MUST
REPORT TO THE INTERNAL REVENUE SERVICE THE GROSS SALES PROCEEDS ( SALE PRI-
CE ) FOR EACH REAL ESTATE TRANSFER HANDLED .
• FAILURE TO PROVIDE A CORRECT TAX I . D . NUMBER ( SOCIAL SECURITY NUMBER ) WILL
DELAY CLOSING, AND MAY REQUIRE 20% (OF SALES PRICE ) FEDERAL INCOME TAX
WITHHOLDING.
NOTE NO . 6 : THIS COMPANY WILL REQUIRE THAT AN OWNERS DECLARATION BE
COMPLETED AND EXECUTED BY ALL RECORD OWNERS OF SAID LAND BEFORE ISSUING ANY
POLICY OF TITLE INSURANCE . PLEASE CONTACT THIS COMPANY PRIOR TO CLOSING
FOR THE PROPER FORM TO BE COMPLETED.
NOTE NO . 7 : THIS COMPANY WILL REQUIRE THAT A FULL COPY OF ALL UNRECORDED
LEASES REFERRED TO IN THIS REPORT OR THAT WOU!.." BE DISCLOSED BY AN INSPEC-
TION AND INVESTIGATION, BE FURNISHED TO THIS C3MPANY, TOGETHER WITH ALL
SUPPLEMENTS, ASSIGNMENTS AND AMENDMENTS, BEFORE ISSUING ANY POLICY OF TITLE
INSURANCE .
NOTE NO . 8 : THE ALTA LOAN POLICY TO BE ISSUED AFTER COMPLETION OF
IMPROVEMENTS WILL INCLUDE CLTA NO . 100 INDORSEMENT, PROVIDED THERE THEN
EXISTS NO VIOLATION OF COVENANTS, CONDITIONS OR RESTRICTIONS, AND NO
ENCROACHMENTS OF IMPROVEMENTS ONTO EASEMENTS OR OTHERWISE, BUT ONLY INSOFAR
AS SUCH INDORSEMENTS RELATES TO MATTERS SHOWN IN THIS REPORT.
•
•
• SCHEDULE B PAGE 12
CONTINUED
ORDER NO . SP160320
NOTE NO . 9 : A PROPERTY INSPECTION WILL BE MADE PRIOR TO RECORDING THE
TRUST DEED TO BE INSURED . IF SUCH .INSPECTION DISCLOSES ANY EVIDENCE OF
COMMENCEMENT OF A WORK OF IMPROVEMENT, THE COVERAGE FOR MECHANIC ' S LIEN
INSURANCE WILL BE DELETED FROM THE POLICY, UNLESS ALL THE NECESSARY DOCU-
MENTS FOR INDEMNIFICATION HAVE BEEN SUBMITTED TO THE COMPANY AND SUCH
INDEMNIFICATION HAS BEEN FORMALLY APPROVED BY THE COMPANY, PRIOR TO
RECORDING THE TRUST DEED.
D . T . 2/22/90
MDH/LW
D . T . 12-12-89
MDH/BC
D .T . 10/11/89
KA/LW
D . T . 8-23-89
KA/BC
•
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1. CALIFORNIA LAND TITLE ASSOCIA11ON STANDARD COVERAGE POLICY - 1988
EXCWSIONS FROM COVERAGE
I The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'
• fees or expenses which arise by reason of.
1. (a) Any law,ordinance or governmental regulation(including but not limited to building or 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
location of any Improvement now or hereafter erected on the land;(IID 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 has 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 for the estate or interest Insured by this policy.
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 the 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.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses)which arise by reason of:
PartI
• 1. Taxes or assessments which are not shown as existing liens by the 3. Easements,liens or encumbrances,or claims thereof,which are not
records of any taxing authority that levies taxes or assessments on shown by the public records.
real property or by the public records. 4. Discrepancies,conflicts In boundary lines, shortage In area, en-
Proceedings by a public agency which may result In taxes or croachments or any other facts which a correct survey would disclose
assessments,or notices of such proceedings,whether or not shown and which are not shown by the public records.
by the records of such agency or by the public records. 5. (a) Unpatented mining claims (b) reservations or exceptions In
2. Any facts,rights, Interests or claims which are not shown by the patents or In Acts authorizing the issuance thereof;(c)water rights,
public records but which could be ascertained by an inspection of claims or title to water,whether or not the matters excepted under
the land or which may be asserted by persons in possession thereof. (a),(b)or(c)are shown by the public records.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-21-87)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-21-87)
EXCWSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,at-
torneys' fees or expenses which arise by reason of:
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,dimen-
sions or location of any Improvement now or hereafter erected on the land;(Hi)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 has 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. .
I 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;or
(e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate
or interest insured by this policy.
T-01E
•
• ;b�b/s £uedwo7 aims saaA(Mel le;uau!;uo,
— — _ i119d3a A,aeNlw13add _ -- -
3-AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87,)
EXCLUSIONS -
In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from:
1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning •
ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it,unless:
• a notice of exercising the right appears In the public records
• on the Fblicy Date
• the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking
3. Title Risks
• that are created,allowed,or agreed to by you
• that are known to you, but not to us,on the Policy Date-unless they appeared In the public records
• that result in no loss to you
• that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item B of Covered
Title Risks
•
4. Failure to pay value for your title
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
• In streets,alleys,or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-21-87)
EXCLUSIONS FROM COVERAGE
• The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'
fees or expenses which arise by reason of:
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
location 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 has 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,Ilen 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 Fbllcy,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 lien for services,labor or material 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. Unenforceabllity 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 of priority of any statutory lien for services,labor or materials over the
lien of the Insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subse-
quent 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
•