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Dedication
tl'✓ &Y� 1�TL+�A2 LZ .M �Pu'Y 3".C'�� r'_' SEC=, ON .1� DOCUIhENT: 20086542 Pages: b i 11 I� <rRcorrlrlig Rec)"ie"Sfed 6y °ri.`''3, ) Fees. . . . * No Fees CITY,OF.CAMPBE•LL ) ��IIII�I Copies. . 9c)u� (aS(4c-)_ AMT PAID When Recorded Mail To: ) REGINA ALCOMENDRAS RDE # 008 City Clerk ) SANTA CLARA COUNTY RECORDER 1/07/2009 City ClCam bell Recorded at the request of 1 :38 PM tY p ) City 70 North First Street ) Campbell, CA 95008 ) APN: 305-21-013 (Space Above This Line For Recorder's Use) ADDRESS: 1805 Winchester Blvd., Campbell, CA 95008 No Consideration Given GRANT OF PUBLIC UTILITY EASEMENT Harman KFC Investment, a California Limited Partnership hereby GRANTS to the City of Campbell, a municipal corporation, of the County of Santa Clara, State of California, an easement for public utility and related purposes, over, through and upon that certain real property within said City more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Said property contains 2,248 square feet, more or less. STATE OF CALIFORNIA )SS DATED COUNTY OF SANTA CLARA ) x On 1)&_c_&mbC` 2- Z)-QZq before me, ✓�L ��' 1 e" f 1 k ' L a Notary Public in and for ;,,SIGNATURE said State,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s ;is)are subscribed to the d �� �z✓1}C within instrument and acknowledged to me that lie.she/they PRINT D executed the same in P./her/their authorized capacity(ies), and that b43/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r wa s�baVl 14-Fc- I certify under PENALTY OF PERJURY under the laws ol. the State of California that the foregoing paragraph is true and correct. K. L. GUBA F Comm!ssior,a# 1663822 WITNESS my hand and official seal. Z j Notary Public:-California y Santa Ckarca Countyy Signature -sue " "` t': 1 My Comm.Expires Mmy 31,20101r .DU�AL, iqpTA "PUBLIC Name (typed or printed) Place Notary Seal Above J:\LandDev\Forms\Grant Easements\Winchester 1805 PSE.DOC(Rev.03/08) P EXHIBIT "A" LEGAL DESCRIPTION 'PUBLIC-UTILITY EASEMENT FROM: HARMAN KFC INVESTMENT COMPANY, A CALIFORNIA LIMITED .-PARTNERSHIP Tom:_ -_-_-T-HE CI_T_Y_OF_CAM.P_BELL,-A-MUNICIPAL-CORPORATION Being.a Public Utility Easement (P.U.E.)-for Public Utility purposes, and..being more particularly described as follows: B.eing_a. portion of_th.at-certain real property situate in the City. of Campbell, County of Santa. Clara, State of California, described in that certain deed recorded on February 7, 2003, Document No. 16805642, in Santa-Clara County Records, excepting therefrom that certain real property=dedicated to the-City-of Campbell, A Municipal Corporation . -- on-May-1 1 , 1956 in Book 3492 of Official records at Page 649 - 651 , Santa Clara County Records, said easement being more particularly described as follows; COMMENCING at the point of intersection of the center line of West Latimer Avenue, a 60.00 foot wide public street, and South Winchester Boulevard, a 90.00 foot wide public street, (formerly the 50 foot wide Santa Clara-Los Gatos Road); thence northerly along said center line of South Winchester Boulevard, North 0107'00" West, 170.00 feet; thence South 89045'00"-West, 45.00 feet to a point on the westerly right-of-way line of South Winchester Boulevard, said point also being the TRUE POINT OF BEGINNING of this description; thence from said True Point of Beginning, southerly along the westerly line of South Winchester Boulevard, South 0007"00" East, 120.05 -- feet; thence along a tangent curve,-concave to the northwest, having a radius of 20.00 feet, through a central angle of 890.52'00", and an arc distance.of 31 .37 feet to a point of-tangency on the northerly line of West Latimer Avenue; thence westerly along the northerly line of West Latimer Avenue, South 890 45'00" West l 10.05 feet to a point on the westerly property line of the Lands of Harman; thence North 00107'00" West 10.00 feet; thence along aline parallel with and 10 feet perpendicular to.the northerly line of West Latimer Avenue, North 891 45'00" East, 120.01 feet to the start of a tangent curve, concave to the northwest; June 13, 2008 Page 1 of 3 Project No. 06103.01 NUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING-PLANNING 1 164 MONROE ST. STE 9 SAL INAS,CA 93906 1. EXHIBIT "A" -- - LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT DESCRIPTION (Continued): thence along said tangent curve having a radius of 5.00 feet, through a central angle of .8915.2'00", and an-arc length.-of-7.84 feet to a point of tangency.with a line that is parallel with and 5 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line North 00007'00" West, 49.83 feet; thence South 890 53'00" West, 5.00 feet to a point on a line that is parallel with and 10 feet perpendicular to`the westerly line of.South Winchester Boulevard; thence'along said line, North 00007'00" West, 75.17 feet to a point on the northerly line of the _-aforementioned Lands of_Harman; thence easterly, along said northerly property line, North_&R°45'__00'° East,-1 a.=00-f_eet to.-the-TRUE PO-INT__OF BEGINNING. - _ Containing-2:248-Sauare-Feet.- more or less. — -�- Q�pFESSIO�q IA.HU QrB t NO.2M41 m A! I EXP.9-3 -"� f Y f June 13, 2008 Page 2 of 3 Project No. 06103.01 NUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING-PLANNING 1 164 MONROE ST. STE 9 SALINAS,CA 93906 r _ EXHIBIT"B" Plat to Accompany Legal Description for Lands of -Harman KFC Investment-Company, L DS 0E A California Limited Partnership Z JOHN & HE1IDNE VOSS0t3Gi1 I 0 40 REVOCA9 : TRUST PPS 30 a-21-012 20 Doe. No. 13803725 Recorded 2-10--20 N 89'45'00"_E 175.00' TPOB Santa Cior Co, ec —— — f0.— -------- 130.00' 00'_ 45.00' 1 LANDS OF HARMAN KFC m J -- _ -- -- - — IN_WSZMEMT-COMPANY---10 PuE 1805 S.--Winchester Blvd. 3 o O APN J05-21-01 J - -^ - a I o a20 - - o -Doc. No.-16805642 (Vesting Deed) o w z Recorded February 7, 200J a o �l I W w o Santa Clara County Records a m C. CD ass ra N -3 S 8953'00' W 5.00' 1 w �' 3 V U O Q ' a - e 1 5'PUE O Zo NEW PUBLIC UAUTY Z3 EPI) z 8, o EASEMENT(PUE) O 'o0 2,247E Square Feet p=8932'00' $ O E rs> O ( 0 10'PUE R=5 00 2 Z 1 � Z N 8945'00'E 120.01' L=7.84 0 S 89'45'00" W 110.05' Qo°' =89'52'00" I� o R=20.00' Street Dedication Per Book 3492 O.R. 649 8 650 T=19.95' \i L=31.37' J �- S 89'45'00" W 175.00' - - - POC W. LA TIMER A VENUE (A 60.00' Wide Public Street LEvEN� ?,OF ES 10� POC Point of Commencemen otS M x6� �� �, € T.P.D.B. True Point of Beginning DATE -2008 No. 20941 — Street Centerline EXP. 9-30-09 — — Property Line t Proposed Public Utility W CrvtL i f, v — 9�of cALI� �-�JOHN M. HCJ EasementPUE �•MBER ;.. � R.C.E. No. 20941, EXP. 9-30-09 Public Utility Easement 7AM�DVED -13—OB ./� ��� ����� SHEETNUMBERDESIGN ROUP INC.ENGINEERING - SURVEYING - PLANNING : JMH -18Q5 South Winchester Blvd. - 3 m 1164 MONROE STREETSWE No.9.SAums,CA93906 TEC831.442.8100 FAx831.442.8008 DRAW LNG NO.: Campbell,CA 06103 r f OF 3 SHEETS nfiin3 r ACCEPTED ON THIS day a� ��' — - - �, a F ,� W., 'f of the City of Ca , pt3eli, — —a NAminf ipa'I of the State of - — - California, purse!lt to Resoiutjon No, 749F recorded in Cool: 4500— a0 S to Mara Loonty Records. ��--E-`--, - -- - Anne Bybee, City 'lei < City of Campbell, Cakfornia. 1625.The Alameda, Suite 610 DECEIVED San Jose, CA 95126 T 408.995.5701 Edwin Bruce Associates F 408.995.5022 .��� o 20�� www.edwinbruce.com A R t- H i T 'F G T 4 A t A. PUBLIC WORKS TRANSMITTAL ADMINISTRATION TO: Ed Arango FROM: Franceska Gleason COMPANY: City of Campbell Public Works COMPANY: Edwin Bruce Associates PHONE: 408 866 21 66 PHONE: 408 995 5701 FAX: 408 376 0958 FAX: 408 995 5022 CC: DATE: l/5/09 RE: KFC 1805 S. Winchester Blvd., Public Works Submittal THE DOCUMENTS ENCLOSED ARE: Plans Shop Drawings 0 Product Literature ❑ Contractor's Submittal Letter x Other: Easement,Street Improvement Agreements REASON FOR TRANSMITTAL: for approval B for your reference 0 as requested B for review and comment for bids due: COPIES DATE DESCRIPTION 1 12.29.08 Notarized Grant of Public Utility Easement Opp 1 12.29.08 Notarized Street Improvement Agreement 9pp COMMENTS: Dear Ed— Here are the documents that you requested signed and notarized by the Owner. Please let me know if you require any other information to complete your approval of our project. Thank you for your help. Sincerely— Franceska COPIES SENT TO: Cc: Jeremy Dimick, cover transmittal only 1164 Monroe Street Suite No 9 JUN 1 6 2008 HUMBER ® . • Salinas,California 93906 PLANNING Tel 831.442.8100 Fax 831.442.8�� ��ARKS jhumber@hdg-ca.com Transmittal Date:June 13, 2008 Re: KFC, 1805 S. Winchester Blvd Project#: 06103.01 Mr. Ed Arango City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 Tel: 408.866.2166 We are enclosing: Two (2) fully executed copies of the legal description and accompanying plat for the dedication of a Public Utility Easement within the KFC property. These have been corrected to reflect the comments from our June 10, 2008 telephone conversation. Comments: These are for your review use in preparing the appropriate documentation for execution by Harman Investment and future recordation of the-;proposed easement. HUMBER DESIGN GROUP, INC. ENGIN,EERING_—SURVEYING-PLANNING John M. umber �GG� E_. in Bruce Architects w/ 1 full copy EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT FROM: HARMAN KFC INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP TO: THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION Being a Public Utility Easement (P.U.E.) for Public Utility purposes, and being more particularly described as follows: Being a portion of that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described in that certain deed recorded on February 7, 2003, Document No. 16805642, in Santa Clara County Records, excepting therefrom that certain real property dedicated to the City of Campbell, A Municipal Corporation on May 11 , 1956 in Book 3492 of Official records at Page 649 - 651 , Santa Clara County Records, said easement being more particularly described as follows; COMMENCING at the point of intersection of the center line of West Latimer Avenue, a 60.00 foot wide public street, and South Winchester Boulevard, a 90.00 foot wide public street, (formerly the 50 foot wide Santa Clara-Los Gatos Road); thence northerly along said center line of South Winchester Boulevard, North 0007'00" West, 170.00 feet; thence South 89045'00" West, 45.00 feet to a point on the westerly right-of-way line of South Winchester Boulevard, said point also being the TRUE POINT OF BEGINNING of this description; thence from said True Point of Beginning, southerly along the westerly line of South Winchester Boulevard, South 0007"00" East, 120.05 feet; thence along, a tangent curve, concave to the northwest, having a radius of 20.00 feet, through a central angle of 89052'00", and an arc distance of 31 .37 feet to'a point of tangency on the northerly line of West Latimer Avenue; thence westerly along the northerly line of West Latimer Avenue, South 890 45'00" West 110.05 feet to a point on the westerly property line of the Lands of Harman; thence North 00007'00" West 10.00 feet; thence along a line parallel with and 10 feet perpendicular to the northerly line of West Latimer Avenue, North 890 45'00" East, 120.01 feet to the start of a tangent curve, concave to the northwest; June 13, 2008 Page 1 of 3 Project No. 06103.01 HUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING-PLANNING 1 164 MONROE ST. STE 9 SALINAS,CA 93906 r - _1 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT DESCRIPTION (Continued): thence along said tangent curve having a radius of 5.00 feet, through a central angle of 89052'00", and an arc length of 7.84 feet to a point of tangency with a line that is parallel with and 5 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line North 00007'00" West, 49.83 feet; thence South 890 53'00" West, 5.00 feet to a point on a line that is parallel with and 10 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line, North 00107'00" West, 75.17 feet to a point on the northerly line of the aforementioned Lands of Harman; thence easterly, along said northerly property line, North 890 45' 00" East, 10.00 feet to the TRUE POINT OF BEGINNING. Containing 2,248 Square Feet, more or less. PPP F ES S/0) M. Hc,,� W NO.29941 EXP. 9-30 June 13, 2008 Page 2 of 3 roject No. 06103.01 HUMBER DESIGN CROUP, INC. ENGINEERING-SURVEYING-PLANNING 1 164 MONROE ST. STE 9 SALINAS,CA 93906 1164 Monroe Street Suite No 9 HUMBER DESIGN GRoup, INC. Salinas,California 93906 Tel 831.442.8100 Fax 831.442.8008PLANNING jhumber@hdg-ca.com Transmittal R IV MAY 15 2008 Date: May 14, 2008 PUBLIC WORK9 ADMINISTRATION Re: KFC, 1805 S. Winchester Blvd Project #: 06103.01 Mr. Ed Arango City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 Tel: 408.866.2166 We are enclosing: Three (3) "UPDATED" fully executed copies of the legal description and accompanying plat for the dedication of a Public Utility Easement within the KFC property. These have been corrected to reflect the comments from your April 15, 2008 Department of Public Works Map Check Comments. I am also enclosing a copy of your comments and my responses to them along with the original "red-lined" documentation. Comments: These are for your review, comment, and hopeful acceptance so that you can prepare the appropriate documentation for execution by Harman Investment and future recordation of the proposed easement. HUMBER DESIGN GROUP, INC. ;ENG1 G— VEYING-P NNING John M. umber CC Ed in Bruce Architects w/ 1 full copy RESPONSE TO CITY OF CAMPBELL MAP CHECK FOR PUBLIC UTILITY EASEMENT HARMAN KFC INVESTMENT COMPANY KFC RESTAURANT, 1805 SO. WINCHESTER BLUE CAMPBELL, CALIFORNIA MAY 141 2008 PAGE 1 OF 2 1. Show basis if bearings for both legal descriptions and plats. Basis of Bearing is indicated as the centerline of South Winchester Boulevard as North 990 52'00'West 2. Include engineer's license expiration date on legal description Done 3. Revise the spelling of the owner's name in the legal description. Done 4. Revise"tangential curve"to"tangent curve"in the legal description. Done 5. Add "through"before a "central angle of 89°52'00"" in the legal description Done 6. Legal description states"...westerly property line of the3 aforementioned Lands of Harman..." however,the Lands of Harman is not mentioned"afore". Revised to delete the letters "afore" 7. Label Legal Description as: Exhibit"A" Public Utility Easement O �ROFESS/ Lands of )Qti� M. HU/2? Revised per the Red Lined Markup Z 8. Label plat as: LU NO.20941 M „ „ EXP.9-3D-l}f Exhibit B Plat to Accompany Legal Description ;` Lands of Done 9. Not Applicable NUMBER DESIGN GROUP INC. PROJECT NO.06103.01 t RESPONSE TO CITY OF CAMPBELL MAP CHECK FOR PUBLIC UTILITY EASEMENT HARMAN KFC INVESTMENT COMPANY KFC RESTAURANT, 1805 SO. WINCHESTER BLVE CAMPBELL, CALIFORNIA MAY 14, 2008 PAGE 2OF2 10. Include a comprehensive legend on the plat which includes all the line types,abbreviations,and symbols used on the plat Done 11. Include:Lands of for the subject property Done 12. Provide right of way widths fior South Winchester Blvd and West Latimer Avenue Done 13. The shaded area for the recorded street dedication is unnecessary.Only shade or hatch proposed PUE area for clarity. Shading removed per request 14. Revise typographical errors per redlined legal description. Dove + oQPOFEss/o � 9 UJ NO 20941 �C NUMBER DESIGN GROUP INC. CT NO. 06103.01 O V C A 4 Edward Arango, P.E. A�c� Associate Civil Engineer r City of Campbell 0 0 70 North First Street y Campbell, CA 95008 ARCH p.RO Phone: (408) 866-2166 Fax: (408) 376-0958 E-Mail: eda@cityofcampbell.com Transmittal To: John Humber Date: April 15, 2008 Company: Humber Deisgn Group,Inc. Address: 1164 Monroe St., Ste 9 Salinas, CA 93906 Re: 1805 Winchester-PUE documents ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. Plan Check comments 2. Redlined plat and legal description • Comments: John, please revise and resubmit the PUE documents. Return the original redlined documents and 3 copies or your revised plans with your resubmittal. Please contact me if you have any questions or comments. Thank you. J:\LandDev\Forms\Transmittal.DOC • • CITY OF CAMPBELL The Submittal / Plans are: COPY: 70 North First Street ❑ APPROVED ❑ Applicant(s) Campbell, CA 95008 ❑ APPROVED WITH CONDITIONS ❑ Planning Department Phone: (408) 866—2166 ® NOT APPROVED—SEE COMMENTS ® P.W. /Engineering Fax: (408) 376-0958 ❑ OTHER DEPARTMENT OF PUBLIC WORKS MAP CHECK PROPERTY ADDRESS: 1805 Winchester Blvd. PROJECT DESCRIPTION: Public Utility Easement , PC #1 DATE: March 27, 2008 BY: Donya Quraishi and Fred Allen, P.E. (650-522-2500) NOTE Upon re-submittal of these plans, please include a copy of these comments, redlined plan, and the corresponding response to each item. Failure to provide this may hold up the plan- checking process. Please also note that submission of these comments does not constitute acceptance of any portion of these PUE documents. COMMENTS 1. Show basis of bearings for both legal descriptions and plats. 2. Include engineer's license expiration date on legal description. 3. Revise the spelling of the owner's name in the legal description. 4. Revise "tangential curve" to "tangent curve" in the legal description. See redlined legal description. 5. Add "through" before "a central angle of 89152'00" in the legal description. 6. Legal description states "....westerly property line of the aforementioned Lands of Harman..." however, the Lands of Harman is not mentioned "afore". 7. Label legal description as: Exhibit "A" Public Utility Easement Lands of 8. Label plat as: Exhibit "B" Plat to Accompany Legal Description Lands of :=TH7CTLY REPRESENTS A SURVEY MADE BY Y ONFO T NTS OF THE S' ACT ST OF (OWNER'S 10.Include a comprehensive legend on the plat which includes all the line types, abbreviations, and symbols used on the plat. 11.Include Lands of for the subject property. CITY OF CAMPS • 12.Provide"right of way widths for South Winchester Blvd and West Latimer Avenue. 13.The shaded area for recorded street dedication is unnecessary. Only shade or hatch proposed PUE area for clarity. 14.Revise typographical errors per redlined legal description. EXHIBIT "A" • *1ETES-ANt)-B0UNDS LEGAL DESCRIPTION ,,FOR— ``'PUBLIC UTILITY EASEMENTf' ,OV-ER;-UNtDER AN°DACROSS�TH-AT CERT�=A1=N� PO'RTION--, O,F=,TH'E-HARMAN&=KFC�,INVESTMENT��PROPERTYwLOCATED A—T� 18D.S_ WTH.-A/I-NGH€STER-BOULEVARD C-AM,PBELL;LLC--ALI FO,RN.IA.- FROM: HARMAN KFC INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP TO: THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION -9ESt'R1'P'I"TGN-- Being a Public Utility Easement (P.U.E.) for Public Utility purposes, and being more particularly described as follows: Being a portion of that certain real property situate in the City of Campbell, County of Santa Clara, State of California, and being a portion of that certain property described in that certain deed recorded on February 7, 2003, Document No. 16805642, in Santa Clara County Records, excepting therefrom that certain real property dedicated to the City of Campbell, A Municipal Corporation on May 11 , 1956 in Book 3492 of Official records at Page 649 - 651 , Santa Clara County Records, said easement being more particularly described as follows; COMMENCING at the point of intersection of the center line of West Latimer Avenue (formerly 40 feet wide) and MSouth Winchester Boulevard (formerly the Santa Clara-Los Gatos Road ;emery 50;feet wig); thence northerly along said center line of South Winchester Boulevard, North 0007'00" West, 170.00 feet; thence South 89045'00" West, 45.00 feet to a point on the westerly right-of-way line of South Winchester Boulevard, said point also being the TRUE POINT OF BEGINNING of this description; thence from said True Point of Beginning, southerly along the westerly line of South Winchester Boulevard, South 0007"00" East, 120.05 feet; ftgce.along a tangent All curve, concave to the northwest, having a radius of 20.00 feet�Na cenfral angle of 89 52 00 , and an arc distance of 31 .37 feet to a point of tangency on the northerly line of West Latimer Avenue; thence westerly along the northerly line of West Latimer Avenue, South 890 45'00',' W�est l 10 05 feet to a point on the westerly property line of the Iafo,resr �entione Lands of Harrri& thence North 00007'00" West 10.00 feet; thence along a line parallel � 4 t, V'.•f. with and l"� feet perpendicular to the northerly line of West Latimer Avenue, North 890 �; ;iw'l 45'00" East, 120.01 feet to the start of a tangent& 1 curve, concave to the northwest; February 12, 2008 Page 1 of 3 Project No. 06103.01 HUMBER DESIGN GROUP INC. ENGINEERING-SURVEYING-PLANNING » 1 1 64 MONROE ST. STE 9 SALINAS,CA 93906 `' ^"` ' s ' 3 -�-M1—�EX HIBIT "A" f t METES- N`D-ff UXDS-LEGAL DESCRIPTION -F0R °°x `PUBLIC UTILITY EASEMENT* OVER,�U'N'DER,,AND AC4tOSS THATM'C'Ekt 114 PO RTION'``' O'FµTHE-HARMAN �KFCyI^NVESTMENTPROPERTYTot ED"AT 1805 SOUTH°WINCHESTER,BOULEVARD C°A'M�PBELL CALfFORN,IA (ARM 3055 21-013) DESCRIPTION (Continued): I thence along said tangent:curve having a radius of 5.00 feet,ia central angle of 89052'00", and an arc length of 7.84 feet to a point of tangenc"with a line that is parallel with and 5 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line North 00107'00" West, 49.83 feet; thence South 890 53'00" West, 5.00 feet to a point on a line that is parallel with and 10 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line, North 00007'00" West, 755 7 feet to a point on the northerly line of the aforementaoned.—dids��f�Har ; thence easterly, along said northerly property line, North 89° 45' 00" East, 10.00 feet to the TRUE POINT OF BEGINNING. Containing 2,248 Square Feet more or less. ry � 'Februa 12, 2008 Page 2 of 3 Project No. 06103.01 r z 4 ;, O Q�OF ES 5/Oti F c� z W N0, 20941 . rmn EXP, 9-3 NUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING- PLANNING T� � 1F0��,� 1 164 MONROE ST. STE 9 SALINAS,CA 93906 �+ 9 I Ai� r" , LANDS OF JOHN k HELONE VOSSOUGHI V" L REVOCABLE TRUST APN 305-21-012 Doc. No. 18803725 Recorded 2-10-2006 Santa Clara County Records 0 0 40 N 89*45'00" E 175.00, 7POB T� 20 _1 TO.0_01 10 OO C 10'PUE I ---------- 1805S. Winchester Blvd 1NN\11^11i" co 0 APN 305-21-013 2 2 C12, Doc. No. 16805642 (Vesting Deed) L 0 Ina, Recorded February 7, 200J (n 8� 0 U) -0 CD a � rnC) LLJ CID, �5 Santo Clara County Records C5 =0 S 89W'000 W 5.00' E; CL 4, 5:: 1 cc C.4 10 5' PUE Um LO 0 C' 0 r4l 0 NEW PUBLIC U71LITY -E C:I M -0, - rl- N�2 P 0 4 M Z 0 8 0 C> EASEMENT(PUE) 0; ,5 CL_ Z < 0 2,247Y Square Feet < CL %.j 2 1 A--89-52#00- 0 E qQ .R=5.00 < 10'PUE z z L=Z84' N 8945100'E 120.01' -------------- I "IS-78945"00" 4 ''P" 44 7, 4 12 zi-I S 89*45'00'* W 175,00' __Npoc W. LA TIMER A VENUE—, P.O.C. Point of Commencement QgpYES 10 T.P.O.B. True Point of Beginning IL 0 2 DATE 008 NO. 20941 t4 EXP."i6-30-09 CIVIA, 4., OF CALIF JOHN—i?"HUMBER R C.E. No. 20941, EXP. 9-30-09 Public Utility Easement DATE: 2-12-08 SHEET HUMBER DESIGN GROUT INC. DCALE- " 4G. KFC Restaurant NCDMWN gf- 1 JPD ENGINEERING SURVEYING PLANNING AITW.W, JMH 1805 South Winchester Blvd. 3 1164 MONROE STREET surrE No.9-SALINAS,CA 93906 TEL:831.442.8100 FAx:831.442.8008 DPAW ING NO., Campbell, CA 06103 OF 3 SHEETS 06103 I 1� G 1164 Monroe Street Suite No 9 Salinas,California 93906 Tel 831.442.8100 Fax 831.442.8008 PLANNING jhumber@hdg-ca.com Transmittal C h— 4 ` C C-[I Date: March 6, 2008 Re: KFC, 1805 S. Winchester Blvd MAR 0 7 2008 Project #: 06103 PUBLIC vVCR,., AD6t INI TRATidiv Mr. Ed Arango City of Campbell Public Works Department 70 North First Street Campbell, CA 95008 Tel: 408.866.2166 We are enclosing: Three (3) fully executed copies of the legal description and accompanying plat for the dedication of a Public Utility Easement within the KFC property. We are also enclosing two (2) copies of the easement plat with the building and the existing grease trap superimposed thereon. Also please find two (2) copies of the vestin �o Harman KFC Investment and `stamped' copies of the closure calculations indicating the error of closure. Also enclosed are two (2) copies of the Record of Survey referenced in the Harman Deed. Comments: These are for your review, comment, and hopeful acceptance so that you can prepare-the appropriate documentation for execution by Harman Investment and future recordation of the proposed easement. HUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING-PLANNING John M. umber win Bruce Architects w/ 1 full copy EXHIBIT 66A99 METES AND BOUNDS LEGAL DESCRIPTION FOR "PUBLIC UTILITY EASEMENT" OVER, UNDER, AND ACROSS THAT CERTAIN PORTION OF THE HARMAN KFC INVESTMENT PROPERTY LOCATED AT 1805 SOUTH WINCHESTER BOULEVARD CAMPBELL, CALIFORNIA (APN 305-21-013) FROM: HARMAN KFC INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP TO: THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION DESCRIPTION Being a Public Utility Easement (P.U.E.) for Public Utility purposes, and being more particularly described as follows: Being a portion of that certain real property situate in the City of Campbell, County of Santa Clara, State of California, and being a portion of that certain property described in that certain deed recorded on February 7, 2003, Document No. 16805642, in Santa Clara County Records, excepting therefrom that certain real property dedicated to the City of Campbell, A Municipal Corporation on May 11 , 1956 in Book 3492 of Official records at Page 649 - 651 , Santa Clara County Records, said easement being more particularly described as follows; COMMENCING at the point of intersection of the center line of West Latimer Avenue (formerly 40 feet wide) and South Winchester Boulevard (formerly the Santa Clara-Los Gatos Road (formerly 50 feet wide)); thence northerly along said center line of South Winchester Boulevard, North 0007'00" West, 170.00 feet; thence South 89045'00" West, 45.00 feet to a point on the westerly right-of-way line of South Winchester Boulevard, said point also being the TRUE POINT OF BEGINNING of this description; thence from said True Point of Beginning, southerly along the westerly line of South Winchester Boulevard, South 0007"00" East, 120.05 feet; thence along a tangential curve, concave to the northwest, having a radius of 20.00 feet, a central angle of 89152'00", and an arc distance of 31 .37 feet to a point of tangency on the northerly line of West Latimer Avenue; thence westerly along the northerly line of West Latimer Avenue, South 890 45'00" West 110.05 feet to a point on the westerly property line of the aforementioned Lands of Harmon; thence North 00007'00" West 10.00 feet; thence along a line parallel with and 10 feet perpendicular to the northerly line of West Latimer Avenue, North 890 45'00" East, 120.01 feet to the start of a tangential curve, concave to the northwest; February 12, 2008 Page 1 of 3 Project No. 06103.01 NUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING-PLANNING 1 164 MONROE ST. STE 9 SALINAS,CA 93906 EXHIBIT "A" METES AND BOUNDS LEGAL DESCRIPTION FOR "PUBLIC UTILITY EASEMENT" OVER, UNDER, AND ACROSS THAT CERTAIN PORTION OF THE HARMAN KFC INVESTMENT PROPERTY LOCATED AT 1805 SOUTH WINCHESTER BOULEVARD CAMPBELL, CALIFORNIA (APN 305-21-013) DESCRIPTION (Continued): thence along said tangential curve having a radius of 5.00 feet, a central angle of 89052'00", and an arc length of 7.84 feet to a point of tangency with a line that is parallel with and 5 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line North 00007'00" West, 49.83 feet; thence South 890 53'00" West, 5.00 feet to a point on a line that is parallel with and 10 feet perpendicular to the westerly line of South Winchester Boulevard; thence along said line, North 00007'00" West, 75.17 feet to a point on the northerly line of the aforementioned Lands of Harmon; thence easterly, along said northerly property line, North 890 45' 00" East, 10.00 feet to the TRUE POINT OF BVEGINNING. Containing 2,248 Square Feet more or less. February 12, 2008 Page 2 of 3 Project No. 06103.01 pPOFESSI() z z NO,20941 P.9-id NUMBER DESIGN GROUP, INC. ENGINEERING-SURVEYING-PLANNING flpCAL°.�G 1 164 MONROE ST. STE 9 SALINAS,CA 93906 LANDS OF MAN & HEL E VOSSOUGHI i REVOCABLE TRUST APN 305- 1-012 Doc. No. 16803725 Recorded 2-10-- Santa Clara County Records I Z I I o 40 N 89'45'00" E _ 175.00' I zo 1 I � '45 30.00' 10.00' ^� O 10'PUE00 ^ J 1805 S. WInchester Blvd. ok o , O ® APN J05-21-01 J o W -. po Doc. No. 16805642 (Vesting Deed) $ r Recorded February 7, 2003 a Q Santa Clara County Records ' CD u> o 31 S89'5300 W 500 �- v O Is 5'PUE 101 C3cs) 0 •— c3 p 3 e p o O NEW PUBLIC U71LITY m cn _ �. — g O � � c O EASEMENT(PUE) ® O I g 2,247E Square Feet �89-52,w- o \ a O E 10'PUE R=5.00� Z � , Z Z N 89'45'00'E 120.01' L=7.84 ` -------------- 5 8945't50";W 11665'` —89*52100 OM' 2 Streef l�edtcQflon=P Baak 342.l�R 649 T 19 95'2 S 89045'00" W 175.00, P®C W. LA 71MER A VENUE P.O.C. Point of Commencement 4gOFESS10 T.P.O.B. True Point of Beginning cy� IL H 9l DATE 2008 NO. 20941 z EXP. 9-30-09 _ CIV1ti OF CAL'it JOH N MN M B R.C.E. No. 0941, EXP. 9-30-09 Public Utility Easement N DATE: 2-12-08 ,/�� ���`������ SHEET HUMBER DESIGNGROUP,INC. DRAAWNLE B1t 1 -PD ,K` L ENGINEERING - SURVEYING - PLANNING AREOVED BY, JMH 1805 South Winchester Blvd. 3 1164MONROESTREETS01TENO.9-SAUNAS,CA93906 TEL:831.442.8100 FAX:831.442.8008 DRAW I06103 Campbell, VF1 OF 3 SHEETS ; z 06103 I � I I I I I I � I `o I z I 0 40 I I N 89'45'00" E 175.00" I 20 130.00 10'PUE J ___ I 1805 S Winchester Blvd. o j;j o 0 ----------- o , 0 10 APN 305-21-013 �,► o (� o .� 0 CD g S 89�3'00' 1� S.OD o I Q s 1 I O o O Existing o 5'PUE I cn 1 o Existing Building PbiI'� o 0 1 Grease Trap A=89'52'00' o' � 0 E m 1 10'PUE L 7 00 Z = / Z S 89 45'DO W 1217 C�1' ��ti j7 j 7,717 -----------•---- 1 S 89'45'00" W. 110.05' 6=89•52'00" 1 o NEW PUBLIC U7/UTY R=20.00' 1 EASEMENT(PUE) T=19.95' 2,247f Square Feet L=31.37' S 89'45'00" W 175.00' W. LA TIMER A VENUE 4gpEESS,ro 114� Z te� DATE 2008 N0, 209.41 EXP. 9-30-09 Cl INFORMATIONAL PLAT Op CAL15 JOHN M. H BE FOR R.C.E. No. 2 941, EXP. 9-30-09 Public Utility Easement N 70ATD2-12-OB � SHEET UMBER ESIGN ROUPjNG. -Po AFC° esta�rant ENGINEERING - SURVEYING - PLANNING 'MH 1805 South Winchester Blvd. � o 1164 MONROE STREET SUITE No.9.SALINAS.CA93906 TEL631.442.6100 FAx:831.442.6008 ORkW ING NO.� Campbell, CA OF 1 SHEETS a 06103 z 06103 Command: Select figure: Figure Name: PUE Course: S 00-07-00 E Distance: 120.05 Are Length: 31.37 Radius: 20.00 Delta: 89-52-00 Course: S 89-45-00 W Distance: 110.05 Course: N 00-07-00 W Distance: 10.00 Course: N 89-45-00 E Distance: 120.01 Are Length: 7.84 Radius: 5.00 Delta: -89-52-00 Course: N 00-07-00 W Distance: 49.83 Course: S 89-53-00 W Distance: 5.00 Course: N 00-07-00 W Distance: 75.17 Course: N 89-45-00 E Distance: 10.00 Perimeter: 539.32 Area: 2246.54 0.05 acres Mapchecl C Q ure - es listed courses & COGO Units) rrr oFlosu e: 0.y 0 Course: N 55-35-27 E r 1w—6 M. OF SS1O 020941 z � . m EXP 9-30 «rirmTrit l 'R11T TTrMF]Trr IF[PTiTniTrr rriTmTirr{ni f +� J1JILLLLL�J1LriiLuiui.rlarnllual-`�i-ii�rri�'Irittiirir'I�iti°i�iii�'I > . A. q4Rltf AYf Al. DA111 IJ S 893 'W J/B00' b Of ,LAND :OF,- OF '5.89,MW ZS�3B" .. zbOp"E, f/RS METHOD/ST CHURCH -,j " gin n ,- r�p��+ OF CAIfPBEL/_ S/H00` $`�iZs C� B_ LL .:PYVP.GI7TIE 5a 8E/N6 A P64.TION<.OF THE NEy`'OF THE SE$SEC'27 TTS,R/W CITY OF CAMPBELL Q 1 �!SANTA .CL ARA COUNTY j m I `�` a• .CALIFORNIA 2 a A ry0NQ wf/SHER CML EN6/NEER li SAN JOSE. C-ALIFORN/A ^� f SC4E,'/'•700' DUNE-,1955zz f 3 B09 Ac m i� 7057 Ac h 1 h )k -v � I yi BlN J CERT fICATE ,I �' 'lyFishn,6,rlh/ /hlalo,eoIrree,*carer/owd,survey •; h 3 II \ 2 madeundrr sc�eivls/an!n✓one/DES o///xreque!/nCCa�clLel/f�gorrfier. o �o i, li Regis ed C/r l&V . Na '•. h •• J ,.,,.0• i. ' OU TYt'NG/NEER�CERT/fICATE ` �Thls MQ/,as�nfo/he'nd/icd//yc/re%Fed w>,rd/outdsa/is/ac/rye , LEONARD 9USHNEL4 Coun/q Engineer N4`fu/ore�/rn/Llne I � � tiv is / by; t, AVEJVUli' I "ftAS/S-:QFBEAR/NGS b NOTES �� REG�ORDR�i CE/TF/FTE ll' Jhe`bdorinq'cC//sr cen/er://nr ar/QJhrAvm�/S89'�f3lYf os,delrr/begin k{fJ/erYaLG! VV, l/xdnd:-Irmn�rtv�kR/,.hkvmpd) k//9Y''0/Y/f6/,RKo&ja/f6ge1/0, 'tu FI/ad(o//M(i�°'gLesl. d�df.'fish®rod'37�c%w./Ine:�.doyd' Recorr/s oY Sogf,C/oin C,un/y,eves uiev�o he Lntis d!',aWr/ny c —�g�19 '�" fan/q C/ctiv Coun/y ,f�-cards. + SYL+C;TULLY;'Cdiin%y Re«ader %:� 1//,diiiiensionr'onddis/cxesomshown ,/ae/wdd-h-71s//xrea/,, a ii bll% /� /�' `•� /ndica/es'Iron Rpe foul v ll to y" y • /ndlro/es/ron f3pa Se/ E C/TK/EN6/NEER .i CERT/f/GATE ,. ":.Checked• ario!toppinred "t'C;`�:� ' : 1 r` 1 RECOROM REQUESTED BY DOCUMENT: 16805642 Titles 1 / Pages: 2 Old Republic Title C7otpany °FRS 547358 /Fsc#423284-CRS Fees . . 40 00- APN 305-21-013 Taxes. . . 1050 50 WHEN RECORDED MAIL TO >,eelssessa2. Copies. r Haxan KFC Investment —' AMT PAID 1090.50 Nwm 199 1st St. , Ste. 212 saws Los Altos, CA 94022 BRENDA DAVIS RDE # 004 Addren SANTA CLARA COUNTY RECORDER 2/07/2003 oity stag Recorded at the request of 8:00 AM ap Old Republic Title Company J SPACE ABOVE TM LINE FOR RECORDER'S USE Corporation Grant Deed Mmvm-ent Preservation Fee is $10.00 The undersigned grantor(s)declare(s): Documentary transfer tax is S 1,050_50- { X)computed on full value of property conveyed, or ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( )Unincorporated area:(X )City of Catttpbell ( ( )Realty not sold. \ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C\Q Eastfield Ming Quong, Inc. , a Nonprofit Public Benefit Corporation l hereby GRANT(S) to HaxTnan XFC Investtrnnt, a California Limited Partnership that t property rt in the City of Can hell. Santa Clara OOurlty. State of California, -- - described as: * * * See 'Exhibit All attached hereto and made a part hereof. Mail Tax Statements to Grantee at address above Date October 9, 2002 In Witness Whereof,said corporation has caused its corporate name and aea[to be affixed hereto and this instrument to be executed by its duly authorized officers. Eastfield Ming Qucmg, Inc. STATE OF CALIFOR IA �J COUNTY OF / &A/ On � oars o206 c2-- -before me,the By undersigned, a Notary Public in and forsaid State,personally appeared Its: A y personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose nameW islase-subacribed to the within q instrument and acknowledged to me that hWsWher executed the same in ANITA L 3OLM l his/hcrAheir authonzed capacity(iss),and that by his/herAhow-stgnature(s)on 01 the instrument the person(4,or the entity upon behalf of which the person) acted,executed the instrument. mft` canufft Scrft C km CUAW WITNESS my hand a fficial sea1. el � Signature Name- (typcd or printed) Prc[s-uo&9a (I'hia area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE a � OLD REPUBIAC TITLE COMPANY ORDER NO. 547358 The land referred to fnxbdxlt[is situated in the County of Santa Clara, City of Campbell, State of California,and is described as follows: Beginning at the point of intersection of the center line of the Santa Clara-Los Gatos Road with the center line of Latimer Avenue; thence North 0' 07' West along the center line of Santa Clara-Los Gatos Road, 170.00 feet; thence South 89' 45' West, parallel with the center line of Latimer Avenue, 175.00 feet; thence South 0' 07' East, parallel with the center line of Santa Clara-Los Gatos Road, 170.00 feet to the center line of Latimer Avenue; thence along the center line of Latimer Avenue, North 89' 45' East, 175.00 feet to the point of beginning and being a portion of land shown upon that certain Map entitled, "Record of Survey of Land of Campbell Properties, being a portion of the Northeast 1/4 of the Southeast 1/4, Section 27, Township 7 South, Range I west, City of Campbell, Santa Clara County, California", which Map was filed for Record in the Office of the Recorder of the County of Santa Clara, State of California on August 5, 1955 in Book 60 of Maps at Page 55. 305-21-013 ORT 3157-C HUMBER DES1GNGR0U'P_JNC. ENGINEERING - SURVEYING - PLANNING EXHIBIT "A" METES AND BOUNDS DESCRIPTION FOR "PUBLIC UTILITY-EASEMENT" OVER, UNDER, AND ACROSS THAT CERTAIN PORTION OF THE HARMAN KFC INVESTMENT PROPERTY LOCATED AT 1805 SOUTH WINCHESTER BOULEVARD CAMPBELL, CALIFORNIA (APN 305-21-013) FROM: HARMAN KFC INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP TO: THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION DESCRIPTION Being a Public Utility Easement (P.U.E.) for Public Utility purposes, and being more particularly described as follows: Being a portion of that certain real property situate in the City of Campbell, County of Santa Clara, State of California, and being a portion of that certain property described in that certain deed recorded on February 7, .2003, Document No. 16805642, in Santa Clara County Records, excepting there from.that certain real property dedicated to the City of Campbell,"A Municipal Corporation on May.1 1 , 1956 in Book 3492 of Official -records at Page 649 - 651 , Santa Clara County Records, said easement being more particularly described as follows; COMMENCING at the point of intersection of the center line of West Latimer Avenue (40 feet wide) and South Winchester Boulevard (formerly the Santa Clara-Los Gatos Road 50 feet wide)); thence northerly along said center line of South Winchester Boulevard, North 0007'00"West, 170.00 feet; thence South 89045'00" West, 45.00 feet; thence South 0007"00" East, 120.05 feet; thence southerly along a curve to the right, tangent to the last described course, having a radius of 20.00 feet, a central angle of 440 56'00", an arc distance of 15.69 feet to the TRUE POINT OF BEGINNING of this description, said Point of Beginning also being on the property line at the mid-point of the property line return; April 18, 2006 Page 1 of 3 ' Project No,06103 1 164 MONROE STREET SUITE NO 9 SALINAS, CALIFORNIA 93906 TEL 831.442.8100 FAX 831.442.8008. JHUMBER@HDG-CA.COM HUMBER DESIGN GROUP, INC. ENGINEERING - SURVEYING - PLANNING EXHIBIT "A" METES AND BOUNDS DESCRIPTION FOR "PUBLIC UTILITY EASEMENT" OVER, UNDER, AND ACROSS THAT CERTAIN PORTION OF THE HARMAN KFC INVESTMENT PROPERTY LOCATED AT 1805 SOUTH WINCHESTER BOULEVARD CAMPBELL, CALIFORNIA (APN 305-21-013) DESCRIPTION -(Continued): Thence continuing from said TRUE POINT OF BEGINNING along the aforementioned curve to the right, with a radius of 20.00 feet, through a central angle of 19005'55" for an arc distance of 6.67 feet to a point; Thence leaving said property line on a radial bearing of North 26005"05" West, 5.00 feet to a point on a concave curve to the northwest that is-parallel to and offset northwesterly 5.00 feet to the aforementioned property line curve; Thence from said point on a curve, which point also has a tangential bearing of North 63054'55" East, along said offset concave curve with a radius of 15.00 feet, through a central angle of 38011 '50" for an arc distance of 10.00 feet to a point on said concave curve;, Thence leaving said curve on a radial bearing of South 64016'55' East, 5.00 feet to a point on the original property line curve; Thence along said curve to the right with a radius of 20.00 feet, through a central angle of 19005'55", for an arc distance of 6.67 feet to the UE POINT OF BEGINNING OF of this description. �O?VOFESS/C) Containing 58.4 Square Feet, more or less. or°M H`'�b® � aG - ��► w -0. 41 April 18, 2006 Page 2 of 3 nn� � roject No 06103 1 164 MONROE STREET SUITE O ALINAS,CALIFORNIA 93906 TEL 831.442.8100 FAx 831.442.8008 JHUMBER@HDG-CA.COM i S 89'45'00" W 175.00' .� 130.00' � r / 0 40 O Q 20 --- , X 1805 S. Winchester Blvd. Ln � �✓ / ® W r O ��j�� En� I APN 305-21-013 . N �f o Doc. No. 16805642 (Vesting Deed) /o � W Santa Clara County Records 0 o O � n0 PUf TO BE DEDICATED ��� � � C P TO THE OTY OF CMPBELL O (f 58.4 Sq. Feet) Z 110 05 F 0 On N 89'45'00" E 175.00' I POC W. LA TIMER A VENUE � 3 CURVE TABLE o CURVE LENGTH RADIUS CHORD LENGTH TAN. DELTA o C1 9.02' 20.00' 8.94' 4.59' 25*50'05' \———————————Z C2 6.67' 20.00' 6.34' 3.36' 19175'55' I\� :ssr C3 6.67' 20.00' 6.34' 336' 1917555' I \�� �rs44- C4 5.00' 15.00' 4 98' 2.52 19175055" i z\\ QJ\ C1 C5 5.00' 15.00' 4.98' 2.52' 19175#550 Na, L1 C6 C4+C5 10.00' 15.00' 9.82' 5.19' 367150w I or.\ \� C7 Cl+C2 15.69 20.00 15.29 8.27 4456 00 I �\ C6 �\ C2 LINE TABLE LINE LENGTH DIRECTION I "o �\ goFEsslo L1 5.00' S 647655N E I 0 iO \s 4 �� L2 5.00 N 26175 05 W I \'�s Z6 Hzy� N 89'45'00° E P.0.8. NO. 20941 x Sm EXP. 9-30-07 * 1 °�A f"=10' OP JOH . HUMBEIT R.C.E. N. 20941,'EXPIRES 9-30-07 Public Utility Easement a DATE, 4-1 Shown 8-06 A KFC Restaurant SHEET HuMBER E ROUP INC. DRAWNBI JPD 1Q hWinchester n {�p�+}®p `,p� ENGINEERING - SURVEYING - PLANNING AfAUVEOBY: JMH .1805 South Winch6JILe Blvd 3 1164 MONROE STREET SUITE No.9-SALINAS,CA 93906 TEL:831.442.8100 FAx:831.442.8008 DRAWING NO.:06103 Campbell, CA OF 3 SHEETS s 06103 2 Select figure: Figure Name: PUE Course: N 64-16-55 W Distance: 5.00 Arc Length: 5.00 Radius: 15.00 Delta: 19-05-55 Arc Length: 5.00 Radius: 15.00 Delta: 19-05-55 Course: S 26-05-05 E Distance: 5.00 -Arc Length: 6,67 Radius: 20.00 Delta: -19-06-29 Arc Length: 6.67 Radius: 20,00 Delta: -19-06-30 Perimeter: 33.34 Area: 58.37 0.00 acres Mapcheck Closure - (Uses listed courses& COGO Units) Error of Closure: 0.007 Course: S 73-30-3 I W Precision 1: 4626.46 5 s[,.p q:;EcT 49t° 91t :tT�a Ct�'!= n .:?a .i�z� �•:. , a:SL'1•` �"'°C,.l_�jI119� .��:' i3t:�'•,���:�;���u,zi-[n9a.z�� �ti,�fl-�xi�SL:�ui:�.i�<:.izci.: _ �_ 7j Jp 44- 1 : S }a ,�g \d: ' i T-1•� e O 0• - u 1 7. : QIQ'�.I6;s s iris- tiTwb 2{I�;:GSj'UO,ty a"CTdl�I d'�GT[dYlt3:. - 0' odd . ,sgQ :: ..'a.�SfS'tip� :. .:::.: .e:c.xet� �� .• J-6 - .t Q3 ' r'a a All �1 t1am. ��•t� y tsi',:. � z - - :�.'h••��.�� - :..:-:�:: 1.10 `3$%3,U., ,.:,,� �,,.--,•.:..-.....auPu q .�T :�e�.":•: q �{ :���l��: °t'a •�MFT:;PM:-:Akli1` -- :.. lA9d� .poop: p .06.::a'• ..�~' -' ... . .. .... ,r30g3a.A.C3 I3 { .. ... .. ....: . e' e _ 9363.% e$tA �"3�sGh�t3:'SC���`y:'��ez� ,.�� :$�8� �47:•`�� .:�,�,:,�®.Z��GI��,�A -�.�- �' u 02 10 ..._. :.>.•.•.:..� �ry•p �rp T }� }� q 'a t}bY�q��q �g �q�t�.T may, -.:..:'' �••'�• '.�. tM.. p. "S, °T�� '7N {� :ar..+Ti,' ,i�• ,:�� ..Watl1dWB�:,� i13 K:��.�.'_17 as•�a 1'Si'k .l ou i� - x" , •j a,Y•. J .. T�q T N Cop ....:......:.. hmeiband an .:.:.. ... -.. a q^ e'o' .. . ......... _.,._ ®. - _ -AlI--that I -pr.Opert�.. T 19 �awa- all (50..foot '71d :.• _ Iae 'c sn f as `® i ie � (40..fe4tt . z �Y.... ... ..:'•.:=, fl7 ©u .: 9 ' �:.;:::'•:.;.. . . e- f•�:< :�'_:-: ..::• '�•:.:::';.:--: `:`����;�' 'o:t��::',�:ets�,' .�::'��.c�a'a�®-��e�th-.�°��=� ���et to ��aa ��;�]��.9: �; �as�ent.� ��..�2�a�t a .�_��i���.�.,�,`�:�.,: ..' :•. . di Mol :r'.::..: :_ .;,:..• e�eaah;. c� fir° go'QB 8�a �p 4 ©D7a y—..._•;,.- - �J -. 9 2t'��E79'8ce �hQD&9fiifl. � -be ra •s `.of ^� - Yt. • •'�: .`,� _t:: ��'��' ill it � COUNTY '1��21s �.y ® ��•y �Tca9�F➢ A Hla t S ¢A€�st •acY:1c� a:1; �'Tt. .-'�etaa�iauscl' aa� :.:- .Q1:ap,;,SvYn�a©' aseF� ..-.wc� a��acg4��c ®. xi� � .��a� .iseera�ate�a$ m• ,.`:.,., .•.,.: ;;.: ':.Rc �OY.-Oged •ta rya©- '�1'a'�; "they.gR©®aat�c�` �FA�.:cameo :; :.. ..:..:.... ! '� .• f]'f Q�b -I -hm and Of-f.I6�'O-�•a©a.�'.,..: .. the e� y �D •:19a� u ' tt+YG cegta gent® fl;rk...above written.. i;- Dt��� _ -.. 'Copy Available r 1 E (End of Book) C E R T I F I C A T E State of California ) . ss.. County of Santa Clara ) I, PAUL Re TEILH., County. Recorder of the County of Santa Clara, State. of .Cali.fornia, do hereby certify that the foreeoing film, constituting a photographic reproduction of original documents recorded in my office, is the officiel record made under my direction and control by a System of microphotography and is to the best of my information grid belief a. correct copy of said original documents, IN WITNESS 'MM,RF0F, I have hereunto set my hand and my official seal on. this date : Paul R, Teilr County Recorder 4 OFFICIAL RECORDS SANTA CLARA COUNTY BOQK S y. .. ..pc�gc S J. .thru [TOOK 4 �t 7/ pages I ihru Datrc Included in Books / r Date Filnre-rl ! 0 y . RE-CORM.NG REQUESTED BY DOCUMENT: 16805642 Titles: 1 / Pages: 2 Old Republic Title Cmpany ORDER. 547358 /Esc#423284-CRS Fees . . Q 00- ,�, 305-21-013 Taxes. . . 1050 50 WHEN R£CORDEO"LTO .eelssessaa� Copies. �. Harman KF'C Investment AMT PA I D 1090.50 Nfr" 199 1st St., Ste. 212 sw.t BRENDA DAVIS RDE # 004 Add,a„ Ins Altos, CA 94022 SANTA CLARA COUNTY RECORDER 2/07/2003 01q' Recorded at the request of 8:00 AM s� Zip - - _ O.Id Republic Title Company - - t— J SPACE ABOVE 7M UNE FOR RECORDER'S USE Corporation Grant Deed Mcrnulent Preservation Fee is $10.00 V EjAli The undersigned grantor(s)declare(s): Documentary transfer tax is S'l,050.50- ( X)computed on full value of property conveyed, or c� ( )computed on full value less value of liens and encumbrances remaining at time of sale. )Unincorporated area:(X )city of_ C wrpbell ( )Realty not sold.- FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C3\Q Eastfield Ming Quong, Inc. , a Nonprofit Public Benefit Corporation l hereby GRANT(S) to Hannan XFC Investment, a California Limited Partnership that property in the City of Canpbell, Santa Clara County, State of California, described as: * * * See "Exhibit All attached hereto and made a pant hereof. Mail Tax Statements to Grantee at address above Date October 9, 2002 In Witness Whereof,said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duty authorized officers. Eastfiel'd Ming Quo g, Inc. STATE OF CALIF0R IA COUNTY OF On � �s c20a or✓ _ before me,the By undersigned, a Notary Public in and rof said State,personally appeared Its personalty known-to me (or proved to me on 'the basis of satisfactory evidence)to be the person(s)whose namcM is/ue-subscribed to the within a A m —. instrument and acknowledged to me that he/shc/"executed the same in ANITA L his/hcrAhWr authonzcd capacity(ias),and that by hrs/her/thow-signatures)on CommiWonf 121" the instrument the persono,or the entity upon behalf of which the person�y) acted,executed the instrument. WITNESS my hand a fficial seal. N�ItOonrm.fllesOC4llL3iat Signature Name (typed or printed) t�tt;ts•tw�sa ('f'ttia area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE i x OLD REPUBLIC TITLE COMPANY ORDER NO. 547358 The land referred to fmb -Mis situated in the County of Santa Clara, City of Campbell, State of California,and is described as follows: Beginning at the point of intersection of the center line of the Santa Clara-Los Gatos Road with the center line of Latimer Avenue; thence North 0' 07' West along the center line of Santa Clara-Los Gatos Road, 170.00 feet; thence South 89' 45' West, parallel with the center line of Latimer Avenue, 175.00 feet; thence South 0* 07' East, parallel with the center line of Santa Clara-Los Gatos Road, 170.00 feet to the center line of Latimer•Avenue; thence along the center line of Latimer Avenue, North. 89' 45' East, 175.00 feet to the point of beginning and being a portion of land shown upon that certain Map entitled, "Record of Survey of Land of Campbell Properties, being a portion of the Northeast 1/4 of the Southeast 1/4, Section 27, Township 7 South, Range 1 west, City of Campbell, Santa Clara County, California", which Map was filed for Record in the Office of the Recorder of the County. of Santa Clara, State of California on August 5, 1955 'in Book 50 of Maps at Page 55. 305-21-013 ORT 3157-C Order Number:NCS-218427-SC Page Number:1 -� 00— First American Title 1737 North First Street, Suite 100 SaplJose, CA 95112 Janette Judd Harman Management Corporation 199 First Street, Suite 212 Los Altos, CA Escrow Officer: Sherry Savoy Phone: (408)451-7800 Owner: Harman KFC Investment, a California . Property: 1805 Winchester Boulevard, Campbell, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance,this company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of.Title Insurance describing the land and the estate or interest therein. hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached.Copies of the-Policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a.policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. FirstAmerican Title Insurance Company Order Number:NCS-218427-SC Page Number:2 Dated as of February 15, 2006 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Owner's Policy(10-17-92) with Regional Exceptions (Standard Coverage) ALTA Loan Policy(10-17-92) with ALTA Endorsement- Form 1 Coverage A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Harman KFC Investment, a California Limited Partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein is described as.follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2006-2007, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2005-2006. First Installment: $7,985.60, PAID Penalty:- $0.00 Second Installment: $7,985.60, DUE Penalty: $0.00 Tax Rate Area: 10-092 A. P. No.: 305-21-013 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. The lien of bonds and assessment liens, if applicable, collected with the general and special taxes. 5. Rights of the public in and to that portion of the land lying within South Winchester Boulevard. First American Title Insurance Company Order N,F ' .r:NCS-218427-SC Page Number:3 6. An easement for road purposes and incidental purposes, recorded May 11, 1956 as Book 3492, Page 649 of Official Records. d2.a�,Cr `ic� In Favor of: City of Campbell, a municipal corporation Tom, Affects: A portion of said land 7. The fact that the land lies within the boundaries of the Central Campbell Redevelopment Project Area, as disclosed by various documents of record. 8. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. First American Title Insurance Company Order NurhDer:NCS-218427-SC Page Number:4 INFORMATIONAL NOTES 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 1805 Winchester Boulevard, Campbell, California. 2. According to the public records,there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 4. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: a. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; d. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: First American Title Insurance Company Order Nuf uuci':NCS-218427-SC Page Number:5 a. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; b. A full copy of the partnership agreement and any amendment; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; d. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: a. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement(form GP-7), to be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment(LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; c. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary,the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two First American Title Insurance Company Order NumDer:NCS-218427-SC Page Number:6 such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: a. A certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: a. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmerican Title Insurance Company Order Number:NCS-218427-SC Page Number:7 LEGAL DESCRIPTION Real property in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE SANTA CLARA-LOS . GATOS WITH THE CENTERLINE OF LATIMER AVENUE;THENCE NORTH 01 07'W. ALONG THE CENTERLINE OF SANTA CLARA-LOS GATOS ROAD 170.00 FEET; THENCE S. 89° 45'W. PARALLEL WITH THE CENTERLINE OF LATIMER AVENUE 175.00 FEET; THENCE S. 00 07' E. PARALLEL WITH THE CENTERLINE OF SANTA CLARA-LOS GATOS ROAD 170.00 FEET TO THE CENTERLINE OF LATIMER AVENUE; THENCE ALONG THE CENTERLINE OF LATIMER AVENUE N. 890 45 E. 175.00 FEET TO THE POINT OF BEGINNING,AND BEING A PORTION OF LAND SHOWN UPON THAT CERTAIN MAP ENTITLED, "RECORD OF SURVEY OF LAND OF CAMPBELL PROPERTIES, BEING A PORTION OF THE N. E. 1/4 OF THE S.E. 1/4 SEC. 27.T.7 S.R. 1W. CITY OF CAMPBELL, SANTA CLARA COUNTY, CALIFORNIA," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 5, 1955 IN BOOK 60 OF MAPS, AT PAGE 55. APN: 305-21-013 First American Title Insurance Company Order Number:NCS-218427-SC Page Number:8 /NOTICE I Section 12413.1 of the California Insurance Code,effective January 1,1990,requires that any title insurance company,underwritten title company,or controlled escrow company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds,before recording any documents in connection with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit.In the case of cashier's checks or certified checks,funds may be disbursed the next day after deposit.In order to avoid unnecessary delays of three to seven days,or more,please use wire transfer,cashier's checks,or certified checks whenever possible. If you have any questions about the effect of this new law,please contact your local First American Office for more details. NOTICE II As of January 1,1991,if the transaction which is the subject of this report will be a sale,you as a party to the transaction,may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller,OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars($500). However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000),OR 2. The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a resident of California,or if a corporation, has a permanent place of business in California,OR 3. The seller,who is an individual,executes a written certificate,under the penalty of perjury,that the California real property being conveyed is the seller's principal residence(as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorneys,accountant's,or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O.Box 651 Sacramento,CA 95812-0651 (916)845-4900 First American Title Insurance Company Order Number:NCS-218427-SC Page Number:9 Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company,The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or(2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory. companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values. We First American Title Insurance Company Order Number:NCS-218427-SC Page Number:10 currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Nurriner:NCS-218427-SC s Page Number:11 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 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 notice 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 matters excepted under(a),(b),or(c)are shown by the public records. 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,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 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 their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the First American Title Insurance Company Order Numi)er:NCS-218427-SC a Page Number:12 date such insured claimant became an insured hereunder;(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. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 - WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for 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). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. S.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. First American Title Insurance Company Order Number:NCS-218427-SC r Page Number:13 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE 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: 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 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,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(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 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 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. 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 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)the subordination of the interest of the insured mortgagee as a 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 except 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 a purchaser for value or a judgment or lien creditor. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. First American Title Insurance Company Order N.-.,r.-6r:NCS-218427-SC = Page Number:14 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 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,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;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. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest 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 estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except 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 a purchaser for value or a judgment or lien creditor. 9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule 6,you are not insured against loss,costs,attorneys'fees and expenses resulting from: First American Title Insurance Company Order Nu-u-r:NCS-218427-SC k Page Number:15 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 *land division *improvements on the land *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 Policy 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 8 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. 11.EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998 Covered Risks 14(Subdivision Law Violation).15(Building Permit).16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning: a.building b.zoning c.land use d.improvements on the land e.land division f.environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a.a notice of exercising the right appears in the Public Records at the Policy Date;or b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a.that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b.that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c.that result in no loss to You;or d.that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets,alleys,or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE FirstAmerican Title Insurance Company Order N_...__:NCS-218427-SC Page Number:16 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(1)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.This exclusion does not limit the coverage provided under insuring provisions 14,15, 16 and 24 of this 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.This exclusion does not limit the coverage provided under insuring provisions 14,15,16 and 24 of this 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(this paragraph(d)does not limit the coverage provided under insuring provisions 7,8, 16,17,19,20,21,23,24 and 25);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: (a)usury,except as provided under insuring provision 10 of this policy;or (b)any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 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: (a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i)to timely record the instrument of transfer;or (ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7. 9.. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a)The time of the advance;or (b)The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B 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: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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: Part One: First American Title Insurance Company Order Ni , -I NCS-218427-SC Page Number:17 Ir 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. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances 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 public records. 5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE FirstAmencan Title Insurance Company