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186 E. Sunnyoaks Ave 4, - - RECORDING REQUESTED BY: DOCUMENT: 19087000 Pages: 4 Chicago Title Company Escrow No.: 06-97700353-FL SUB Fees. . 26.00 Locate No.: CACn7743-7743-2977-0097700353 Taxes. . -- Con f -- Title No.: 06-97700353-MC Copies. , When Recorded Mail Document AMT PA I D 26.00 and Tax Statement To: Industrial Properties LLC BRENDA DAVIS RDE # 012 c/o Trust America Corp.,Attn. Douglas SANTA CLARA COUNTY RECORDER 8/31/2006 Thaxton Recorded at the request of 8:00 AM 7103 South Revere Parkway Chicago Title Centennial, CO 80112 APN: 424.Q Q�7��7$, �, 099, 100;,117&�118 SPACE ABOVE THIS LINE FOR RECORDERS USE �»•�''. . : .'"'• .•'"�`� �`� FI�.AR AEdL1ES18 DOLT , � ��''IT l: ,; ;i r� r; y �;,tit: !tr GRANT DEED RECORD STAMP WAX The undersigned grantor(s)declare -) Documentary transfer tax is /1/CtPPiT�� LINE LINE FOR CHICAGO TITLE [ ] computed on full value of property convey ,or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area City of Campbell, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BANK OF THE WEST, AS SUCCESSOR TRUSTEE OF THE SHORTINO LIVING TRUST DATED JULY 2, 1981 AS AMENDED AND RESTATED,MARITAL TRUST; AND BANK OF THE WEST,AS SUCCESSOR TRUSTEE OF THE SHORTINO LIVING TRUST DATED JULY 2,1981 AS AMENDED AND RESTATED,MARITAL REVERSE QTIP TRUST; AND JOANNE L.GEARHEARD,AS SUCCESSORTRUSTEE OF THE LEO M. SHORTINO 2001 DECLARATION OF TRUST DATED JUNE 6, 2001. O hereby GRANT(S)to INDUSTRIAL PROPERTIES LLC, A COLORADO LIMITED LIABILITY COMPANY ��. o the foilowing described real property in the City of Campbell,County of Santa Clara, State of California: �1 SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF VO MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213(Rev 7196) GRANT DEED (grdnt)(116-06) • Order Number:NCS-366443-SC Page Number:4 Penalty: $122.98 Second Installment: $1,029.86, PAYABLE Penalty: $122.98 Tax Rate Area: 10-012 A. P. No.: 424-01-118 10. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 11. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District County Library 12,� An easement for right of way easement for an open ditch or pipe line and incidental purposes, recorded January 16, 1946 in Book 1322, Page 285 of Official Records. i' In Favor of: Robert C. Herschbach Affects: As described therein 13. An easement for right of way for pipe lines and the right of ingress and egress and incidental purposes, recorded May 20, 1952 in Book 2422, Page 461 of Official Records. In Favor of: Rex 0. Cobb, et ux Affects: Parcel One 14. An easement for conveying gas and underground pipe lines and incidental purposes, recorded March 1, 1960 in Book 4714, Page 22 of Official Records. i In Favor of: Pacific Gas and Electric Company, a California corporation Affects: Parcel Two 15. A Deed of Trust to secure an original indebtedness of$3,560,000.00 recorded June 15, 2007 as Instrument No. 19471479 of Official Records. Dated: June 4, 2007 Trustor: Industrial Properties LLC, a Colorado limited liability company Trustee: Chicago Title Company, a corporation Beneficiary: Comerica Bank 16. A notice of nonresponsibility, executed by Industrial Properties Co., LLC, recorded June 3, 2008 as Instrument No. 19874168 of Official Records. 17. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a document recorded June 3, 2008 as Instrument No. 19874168 of Official Records. 18. Rights of parties in possession. First American Title Insurance Company Order Number:NCS-366443-SC Page Number:5 INFORMATIONAL NOTES 1. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $3,080.78, PAID Penalty: $328.07 Second Installment: $3,080.78, PAID Penalty: $328.07 Tax Rate Area: 10-012 A. P. No.: 424-01-077 2. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $71.33, PAID Penalty: $27.13 Second Installment: $71.33, PAID Penalty: $27.13 Tax Rate Area: 10-012 A. P. No.: 424-01-077 3. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,975.53, PAID Penalty: $317.55 Second Installment: $2,975.53, PAID Penalty: $317.55 Tax Rate Area: 10-012 A. P. No.: 424-01-078 4. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $53.67, PAID Penalty: $25.36 Second Installment: $53.67, PAID Penalty: $25.36 Tax Rate Area: 10-012 A. P. No.: 424-01-078 5. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $3,192.20, PAID Penalty: $339.22 Second Installment: $3,192.20, PAID Penalty: $339.22 Tax Rate Area: 10-012 First American Title Insurance Company Order Number:NCS-366443-SC Page Number:6 A. P. No.: 424-01-097 6. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $50.79, PAID Penalty: $25.07 Second Installment: $50.79, PAID Penalty: $25.07 Tax Rate Area: 10-012 A. P. No.: 424-01-097 7. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,615.45, PAID Penalty: $281.54 Second Installment: $2,615.45, PAID Penalty: $281.54 Tax Rate Area: 10-012 A. P. No.: 424-01-098 8. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $58.61, PAID Penalty: $25.86 Second Installment: $58.61, PAID Penalty: $25.86 Tax Rate Area: 10-012 A. P. No.: 424-01-098 9. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,495.61, PAID Penalty: $269.56 Second Installment: $2,495.61, PAID Penalty: $269.56 Tax Rate Area: 10-012 A. P. No.: 424-01-099 10. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $60.11, PAID Penalty: $26.01 Second Installment: $60.11, PAID Penalty: $26.01 Tax Rate Area: 10-012 A. P. No.: 424-01-099 11. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,739.36, PAID FlrstAmencan Title Insurance company Order Number:NCS-366443-SC Page Number:7 Penalty: $293.93 Second Installment: $2,739.36, PAID Penalty: $293.93 Tax Rate Area: 10-012 A. P. No.: 424-01-100 12. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $56.79, PAID Penalty: $25.67 Second Installment: $56.79, PAID Penalty: $25.67 Tax Rate Area: 10-012 A. P. No.: 424-01-100 13. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $13,418.16, PAID Penalty: $1,361.81 Second Installment: $13,418.16, PAID Penalty: $1,361.81 Tax Rate Area: 10-012 A. P. No.: 424-01-117 14. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,905.77, PAID Penalty: $210.57 Second Installment: $1,905.77, PAID Penalty: $210.57 Tax Rate Area: 10-012 A. P. No.: 424-01-117 15. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $4,761.52, PAID Penalty: $496.15 Second Installment: $4,761.52, PAID Penalty: $496.15 Tax Rate Area: 10-012 A. P. No.: 424-01-118 16. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $518.44, PAID Penalty: $71.84 . Second Installment: $518.44, PAID Penalty: $71.84 Tax Rate Area: 10-012 First American Title Insurance Company Order Number:NCS-366443-SC Page Number:8 A. P. No.: 424-01-118 17. 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 180-186 E Sunnyoaks and 1975, 1091, 1095, 1099 and 1115 Eileen Way, Campbell, California. 18. 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: A document recorded August 31, 2006 as Instrument No. 19087000 of Official Records. From: Bank of the West, as Successor Trustee of the Shortino Living Trust dated July 2, 1981 as amended and restated, Marital Trust; and Bank of the West, as Successor Trustee of the Shortino Living Trust dated July 2, 1981 as amended and restated, Marital Reverse QTip Trust; and Joanne L. Gearheard, as Successor Trustee of the Leo M. Shortino 2001 Declaration of Trust dated June 6, 2001 To: Industrial Properties LLC, a Colorado Limited Liability Company 19. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. 20. 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 First American Title Insurance Company Order Number:NCS-366443-SC Page Number:9 and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 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 First American Title insurance Company Order Number:NCS-366443-SC Page Number:10 identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one.manager. 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 Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any,to which this map is attached. First American Title Insurance Company Order Number:NCS-366443-SC Page Number:11 LEGAL DESCRIPTION Real property in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE RIGHT OF WAY GRANTED BY ROBERT C. HERSCHBACH AND SIGNE M. HERSCHBACH TO ALVIN LAKE AND JOHANNA LAKE, BY DEED DATED APRIL 15, 1948 AND RECORDED JULY 19, 1948 IN BOOK 1648 OF OFFICIAL RECORDS, PAGE 384, RECORDS OF THE SANTA CLARA COUNTY, CALIFORNIA, DISTANT THEREON SOUTH 260 2T WEST 32.14 FEET FROM A ONE INCH IRON BAR FOUND AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 1.816 ACRE TRACT OF LAND CONVEYED BY IRA A. BEAL TO ETHEL MCBRIDE, BY DEED DATED FEBRUARY 19, 1946 AND RECORDED FEBRUARY 20, 1946 UNDER FILE NO. 386763, BOOK 1320, PAGE 561, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; AND RUNNING THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT OF LAND SOUTH 840 33' 30" EAST 387.19 FEET TO A 3/4 INCH PIPE AT THE EASTERLY TERMINUS OF A RIGHT OF WAY HEREINAFTER DESCRIBED; AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUNNING SOUTH 00 20' WEST 584.23 FEET TO A 3/4 INCH PIPE IN THE NORTHERLY LINE OF THAT CERTAIN 2.653 ACRE TRACT OF LAND DESCRIBED IN THE AGREEMENT OF SALE BY AND BETWEEN ROBERT C. HERSCHBACH, ET UX, AND ARTHUR W. STAGGS, RECORDED IN BOOK 2137 OF OFFICIAL RECORDS, PAGE 286; THENCE ALONG THE NORTHERLY LINE OF SAID 2.653 ACRE TRACT OF LAND NORTH 840 26' WEST 85.54 FEET TO A 3/4 FEET INCH PIPE THAT IS DISTANT 390.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM THE EASTERLY LINE OF THE RANCHO RINCONADA DE LOS GATOS; THENCE NORTHERLY ALONG A PARALLEL WITH AND DISTANT 390.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID EASTERLY LINE OF SAID RANCHO NORTH 120 11' WEST 423.01 FEET TO A 3/4 INCH PIPE; THENCE LEAVING SAID 30"WEST 187.19 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 840 33' 30" EAST AND PARALLEL TO THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT 187.19 FEET TO THE POINT OF BEGINNING. CONTAINING 1.97 ACRES, MORE OR LESS, AND BEING A PORTION OF SECTION 3,TOWNSHIP 8 SOUTH RANGE 1 WEST,, M. D. B. & M. PARCEL TWO: COMMENCING AT A ONE INCH IRON BAR FOUND AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 1.816 ACRE TRACT OF LAND CONVEYED BY IRA A. BEAL TO ETHEL MCBRIDE BY DEED DATED FEBRUARY 19, 1946 AND RECORDED FEBRUARY 20, 1946 IN BOOK 1320 OF OFFICIAL RECORDS, PAGE 561; THENCE SOUTH 260 2T WEST 32.14 FEET; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 30 FEET AT RIGHT ANGLES FROM THE SOUTHERLY LINE AND THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT OF LAND, SOUTH 840 33' 30" EAST 387.19 FEET TO A 3/4 INCH IRON PIPE SET AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 2.915 ACRE TRACT OF LAND CONVEYED BY ROBERT C. HERSCHBACH, ET UX,TO REX 0. COBB, ET UX, BY DEED DATED APRIL 18, 1952 AND RECORDED MAY 20, 1952 IN BOOK 2422 OF OFFICIAL RECORDS,AT PAGE 461, IN THE CENTER LINE OF A 60 FOOT RIGHT OF WAY, SAID NORTH-EASTERLY CORNER BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING, AND ALONG THE CENTER LINE OF THE SAID 60 FOOT RIGHT OF WAY, SOUTH 84° 33' 30" EAST 11.94 FEET TO A 3/4 INCH IRON PIPE;THENCE CONTINUING ALONG THE CENTER LINE OF SAID 60 FOOT RIGHT OF WAY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 460 FEET, AND TANGENT TO THE PRECEDING COURSE, FOR AN ARC DISTANCE OF 101.38 First American Title Insurance company Order Number:NCS-366443-SC Page Number:12 FEET, MORE OR LESS,TO THE NORTHWESTERLY CORNER OF THAT CERTAIN 1/2 ACRE TRACT OF LAND CONVEYED BY MAX M. KENNEY, ET UX,TO HOWARD L. ASH, ET UX, BY DEED RECORDED 3UNE 15, 1954 IN BOOK 2895 OF OFFICIAL RECORDS,AT PAGE 498; THENCE LEAVING THE CENTER LINE OF THE SAID 60 FOOT RIGHT OF WAY,AND RUNNING ALONG THE WESTERLY LINE OF THE SAID 1/2 ACRE PARCEL OF LAND SO CONVEYED AT ASH,AND THE SOUTHERLY PROLONGATION THEREOF, SOUTH 00° 20' WEST 609.00 FEET, MORE OR LESS,TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THAT CERTAIN 3.00 ACRE PARCEL OF LAND CONVEYED BY ROBERT C. HERSCHBACH, ET UX,TO MAX M. KENNEY, ET UX, BY DEED DATED MAY 24, 1954 AND RECORDED 3UNE 15, 1954 IN BOOK 2895 OF OFFICIAL RECORDS, AT PAGE 492; THENCE ALONG SAID SOUTHERLY LINE, NORTH 840 26'WEST 190.00 FEET, MORE OR LESS,TO THE SOUTH-WESTERLY CORNER OF SAID 3.00 ACRE PARCEL OF LAND; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID 3 ACRE PARCEL OF LAND, NORTH 0° 20' EAST 584.23 FEET, MORE OR LESS,TO THE TRUE POINT OF BEGINNING,AND BEING A PORTION OF SAID 3.00 ACRE PARCEL OF LAND, SITUATED IN SECTION 3,TOWNSHIP 8 SOUTH; RANGE 1 WEST M. D. B. &M. EXCEPTING THEREFROM THE NORTHERLY 33 FEET OF PARCEL ONE AND PARCEL TWO AS CONVEYED TO THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION, BY INSTRUMENT RECORDED NOVEMBER 9, 1959 IN BOOK 4600 OF OFFICIAL RECORDS, PAGE 239. PARCEL THREE: A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS, OVER AND ALONG THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT AN IRON PIPE SET EIGHT INCHES BELOW THE SURFACE OF THE GROUND IN THE SOUTHEASTERLY LINE OF THE LANDS OR RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY AND AT THE MOST WESTERLY CORNER OF THAT CERTAIN 1.816 ACRE TRACT OF LAND CONVEYED BY IRA A. BEAL TO ETHEL MCBRIDE BY DEED DATED FEBRUARY 19, 1946 AND RECORDED FEBRUARY 20, 1946 IN BOOK 1320 OF OFFICIAL RECORDS, PAGE 561, SANTA CLARA COUNTY RECORDS;THENCE ALONG THE BOUNDARIES OF SAID 1.816 ACRE TRACT OF LAND, SOUTH 84° 16' EAST 13.41 FEET TO AN IRON BAR AND SOUTH 0°40' WEST 125.83 FEET TO AN IRON BAR AT THE SOUTHWESTERLY CORNER OF SAID 1.816 ACRE TRACT OF LAND;THENCE ALONG THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT OF LAND AND ITS EASTERLY PROLONGATION, SOUTH 840 33' 30" EAST 387.61 FEET TO A 3/4 INCH IRON PIPE;THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 430 FEET, THROUGH AN ANGLE OF 260 09' 35" FOR AN ARC DISTANCE OF 196.33 FEET; THENCE SOUTH 200 43' 05" EAST 30 FEET TO A ONE INCH IRON PIPE AT THE NORTHEASTERLY CORNER OF THE 3.00 ACRE PARCEL OF LAND CONVEYED BY ROBERT C. HERSCHBACH, ET UX,TO MAX M. KENNEY, ET UX, BY DEED DATED MAY 24, 1954 AND RECORDED 3UNE 15, 1954 IN BOOK 2895 OF OFFICIAL RECORDS, AT PAGE 492,AND REFERRED TO IN THE PARCEL OF LAND FIRST HEREINABOVE DESCRIBED; THENCE ALONG THE NORTHERLY LINES OF SAID 3.00 ACRE TRACT OF LAND, SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 460 FEET FROM A TANGENT BEARING SOUTH 690 16' 55"WEST THROUGH AN ANGLE OF 260 09' 35"AN ARC DISTANCE OF 210.02 FEET TO A 3/4 INCH IRON PIPE,AND THENCE NORTH 840 33' 30"WEST 11.94 FEET TO A 3/4 INCH IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID 3.00 ACRE TRACT OF LAND; THENCE ALONG THE WESTERLY LINE OF SAID 3.00 ACRE TRACT OF LAND SOUTH 00 20' WEST 30.12 FEET TO A 3/4 INCH IRON PIPE; THENCE LEAVING SAID WESTERLY LINE NORTH 840 33' 30" WEST 341.51 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET,THROUGH AN ANGLE OF 107° 37' 30"AN ARC DISTANCE OF 37.57 FEET TO A POINT DISTANT 240 FEET MEASURED AT RIGHT ANGLES NORTH-EASTERLY FROM THE EASTERLY LINE OF RANCHO RINCONADA DE LOS GATOS; THENCE PARALLEL WITH SAID EASTERLY LINE OF SAID RANCHO, SOUTH 120 11' EAST 176.19 FEET; THENCE AT RIGHT ANGLES SOUTH 770 49' WEST 60 FEET TO A POINT DISTANT 180 First American Tit/e Insurance Company Order Number:NCS-366443-SC Page Number:13 FEET MEASURED AT RIGHT ANGLES NORTHEASTERLY FROM SAID EASTERLY LINE OF SAID RANCHO; THENCE PARALLEL WITH SAID EASTERLY LINE OF SAID RANCHO AND ALONG THE WESTERLY LINE OF A RIGHT OF WAY, NORTH 12° 11' WEST 239.73 FEET TO AN IRON PIPE SET EIGHT INCHES BELOW THE SURFACE OF THE GROUND;THENCE NORTH 481 19' EAST 65.89 FEET TO AN IRON PIPE SET EIGHT INCHES BELOW THE SURFACE OF THE GROUND AT A POINT DISTANT NORTH 660 03'WEST 14.55 FEET FROM THE IRON BAR AT THE SOUTH- WESTERLY CORNER OF SAID 1.816 ACRE TRACT OF LAND HEREINABOVE REFERRED TO; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 13.36 FEET AT RIGHT ANGLES, WESTERLY FROM THE WESTERLY LINE OF SAID 1.816 ACRE TRACT OF LAND, NORTH 0° 40' EAST 121.26 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF AS LIES WITHIN THE BOUNDS OF THE HEREINABOVE DESCRIBED PARCEL ONE. APN: 424-01-077 and 424-01-078 and 424-01-097 and 424-01-098 and 424-01-099 and 424-01- 100 and 424-01-117 and 424-01-118 First American Title Insurance company Order Number:NCS-366443-SC Page Number:14 NOTICEI 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 If 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 attorney's,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-366443-SC Page Number:15 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 currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company Order Number:NCS-366443-SC Page Number:16 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE 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 date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or First American Title Insurance Company Order Number:NCS-366443-SC Page Number:17 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 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. 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. First American Title Insurance Company Order Number:NCS-366443-SC Page Number:18 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: 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(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. 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. S.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 First American Title Insurance Company Order Number:NCS-366443-SC Page Number:19 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 B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: *land use *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: First American Title insurance Company Order Number:NCS-366443-SC Page Number:20 *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 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.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 First American Title Insurance company Order Number:NCS-366443-SC Page Number:21 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: I. 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. 11.EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 Covered Risks 16(Subdivision Law Violation).18(Building Permit).19(Zoning)and 21(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 those portions of any law or government regulation concerning: a.building b.zoning c.land use d.improvements on the land e.land division f.environmental protection This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19,20,23 or 27. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a.that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records; First American Title Insurance company Order Number:NCS-366443-SC Page Number:22 b.that are Known to You at the Policy Date,but not to Us,unless they are recorded in the Public Records at the policy 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.e.,25,26,27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21,Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1%of Policy Amount or$5,000.00 (whichever is less) $10,000.00 Covered Risk 18: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 19: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 21: 1%of Policy Amount or$2,500.00(whichever is less) $5,000.00 12.THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(1/01/08) 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,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to(i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land;(iii)the subdivision of land;or(iv)environmental protection;or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d), 14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 16,17,18, 19,20,21,22,23,24,27 or 28);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 an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b)or 25. 8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Polity in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE First American Title insurance company Order Number:NCS-366443-SC Page Number:23 The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 14.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 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 13 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.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2.Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. 15.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 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,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection;or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; First American Title Insurance Company e ' Order Number:NCS-366443-SC Page Number:24 (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 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 15 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.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2.Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. First American Title insurance Company of CA,k Edward Arango,P.E. �.� '0a� Associate Civil Engineer r City of Campbell v r 70 North First Street 0 0 y� G� Campbell, CA 95008 o R H R a Phone: (408) 866-2166 Fax: (408) 376-0958 E-Mail: eda@cityofcampbell.com Transmittal To: Bryce Carroll Date: January 26, 2009 Company: Carroll Engineering,Inc. e Address: 1101 S. Winchester Blvd.,Suite H-184 San Jose, CA 95128 Re: 180- 186 Sunnyoaks Avenue -Lot Line Adjustment ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. City comments 2. Redlined.lot line adjustment documents • Comments: Bryce, please revise and resubmit the lot line adjustment documents per the comments. Please submit 2 wet signed sets of revised documents and the redlined plans with your resubmittal. Please contact me if you have any questions or comments. Thank you. J:\LandDev\Forms\Transmittals\Transmittal.DOC REUti V cu • JAN 0 9 2009 CSG CONSULTANTS, INC. LETTER Ol 8i�� TAL To: City of Campbell Date: January 7, 2009 70 North First Street Project: Street Dedication, ingress-egress easement and PUE Campbell, CA 95008 Permit No: Att: Mr. Edward Arango, P.E. Job Address: 180-186 E. Sunnyoaks Avenue Associate Civil Engineer SUBJECT: 180-186 E. Sunnyoaks Avenue—Lot Line Adjustment We Are Sending You: Via: ❑Courier ❑Exp. Mail ❑Pickup ®Reg. Mail ❑ Attached ❑Other-Email The Following Items: ❑ Photocopies ❑ Prints ® Plan Originals ❑ Report ❑Proposal ❑ Specifications ❑ Shop Drawings ❑ Change Order ® Other Maps and Deeds ® Redlined comment sheet ❑ Checklist Copies Date No. Description 2 1/7/09 1 Redlined Set 1 1/7/09 1 Plan Check Comment Sheet. 1 Preliminary Title report 1 Reference Doc 19087000 1 Assessor's ma These Are Transmitted As Checked Below: ❑ For signature ❑ For review and comment ❑No exception taken ❑ For approval ❑ Returned after loan to us ® Returned for resubmittal ❑ For your use ❑ Response to proposal request ® With corrections noted ® As requested ❑ Plan is approved ® Return to engineer/architect for corrections Remarks: Per your request, please find attached comments with redlined set. Please feel free to contact us should you have any questions. From: Sindhi Mekala Assistant Engineer 1700 South Amphlett Boulevard 0 3`d Floor 0 San Mateo 0 CA 0 94402 0 Tel(650)522-2500 Fax(650)522-2599 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, 0 OTHER DEPARTMENT OF PUBLIC WORKS MAP CHECK . PROPERTY ADDRESS: 180-186 E.. Sunnyoaks Ave. PROJECT DESCRIPTION: LLA, Review#1 DATE: January 7, 2009 BY: Sindhi Mekala & Fred,Allen P.E. (650-522-2500) NOTE The submittal is not approved. Please make the changes and re-submit. COMMENTS 1. In the Legal Description, Sunnyoaks Ave. is described to be as 66ft wide and 60ft wide. Please use the correct width of the street. Per.Doc No. 19087000 the street width is 60ft. 2. In "Exhibit A" Plat—show the easements that are mentioned in the Title Report. If there are no easements thenremove them from the Title Report. 3. In "Exhibit A" Plat— include then legend to show all the line types. 4. In "Exhibit A" Plat— use different line type to show lot line & the street width dimension line. 5. In "Exhibit A" Plat— correct the spellings as shown on the redlined set. 6. In ".Exhibit A" Plat— include the centerline symbol. 4 1 of 1 R I "§ T '+ Pr _ N (V Y `(�'w�`A,�'' '�'� � ,. �Rd► TWO , Ij—S 03 100" E — �---- r 00 33.39. 2 a' S 84133,3C`j•• i I2 063 L=104.30' z A ' LANDS OF N LAN OF o . - INDUSTRIAL I INDUWRI PROP'ER�TIES, 1 PROPETi PmM 5 �8.5 .S {{ - �;. P4�RTI I PORTION OF t , APN /�P�N I t #PN ,fir 424-01-074 401—,7 7Be I _ '77,78, r ' 99,1 ,117 ' I ALL+ � A ` 19087 1424-01100 AREA TABLE I DOC NO. 19(0%7 PARCEL ONE _ 79,580 SQ. FT. APN 424-01-1 T j PARCEL TWO = 62,847 SQ. FT. ml ( `4x, i RESULTANT PARCEL - ; ONE — I� ?ijo 142,427 SQ. FT. APN i►44 �; 424-01-1 -110 47 it 1 d 9E 6 1 .35' a ! F Will APN 4�I Y AND 1 BASF OF BEARINGS: THE BEARING, SOUTH 84`33'30" EAST, OF THE CENTERLINE OF THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, BRADLEYA. BILBO O 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS UP.03/31/10 � USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. L.S. 6141 EXHIBIT "A" SITE PLAN FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 f-- SIE WEST dV Ei S T DRAWN BY: BB CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 1 ®� �' p6 1 SY` ;may`: ' WEST LAND SURVE "t f` INC. 1359 Sand Hill Ct. Oakdale,Ca.95361 Legal Description for Lot Line Adjustment Lands of Industrial Properties,LLC All that real property situate in the City of Campbell,County of Santa Clara, State of California, being all of Parcel One and all of Parcel Two as said parcels are described in that certain grant deed from Bank of the West,et al,to Industrial Properties,LLC,a Colorado Limited Liability Company,dated August 31,2006,recorded as Document Number 19087000, Santa Clara County records and being more particularly described as follows: t BEGINNING at the most northwesterly corner of Parcel One as ceI is described in said deed,said point being a point on the centerline of an existing 6'wide ' t of way known as Sunnyoaks Avenue;thence South 03'21'40"East,a distance of 33.39 feet to the southerly line of said right of way and the TRUE POINT OF BEGINNING of this description;thence along said right of way, South 84'33' 30"East,a distance of 196.37 feet to the beginning of a tangent curve to the left;thence continuing along said right of way and along said curve having a radius of 493.00 feet,through a central angle of 12'07' 18",for an arc length of 104.30 feet to the easterly line of said Parcel Two as said line is described in said deed,said point being South 00' 20' 00"West,a distance of 33.27 feet form the northeasterly comer of said Parcel Two as said corner is described in said deed;thence along said easterly line of said Parcel Two, South 00'20' 00"West,a distance of 562.33 feet,more or less,to the southeasterly comer of said Parcel Two, as said corner is described in said deed;thence along the southerly line of said Parcel Two,North 84'26' 00"West,a distance of 199.35 feet more or less to the southwesterly corner of said Parcel One as said comer is described in said deed;thence along the westerly line of said Parcel One, North 12' 1 P 00"West,a distance of 423.01 feet;thence continuing along said westerly line, North 03'21'40"West,a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing an area of 142,427 square feet(3.26967 acres)more or Iess. The bearing,South 840 33'30"East,of the centerline of the existin 60'wide_ri of way,being Sunnyoaks Avenue,as said right of way is described in that certain grant deed,recorded on August 31,2006,as Document Number 19087000,Santa Clara county records,was used as the basis of all bearings shown herein. This description was prepared by me or under my direction. Bradley A.Bilbo PLS 6141 BRADLEY A. C''.-I .o Date Exp.:03/31/10 * OS/ L.S. 6141 CAl.1F�� Page I of 1 A THEASTERLY CORNER OF K S PARCEL TWO , A V : _ P� \I 1 S 03 21'40" E - 00'20'00" 33.27' E 196--3 c 1 R=493.00 N N 424-01N 063 L=104.30' 1 A--12 07'18" g 1 .os LANDS OF LANDS OF N z INDUSTRIAL j INDUSTRIAL PROPERTIES, PROPERTIES, LLC 1 LLC PARCEL ONE 1 PARCEL TWO 79,580 SQ. FT. 62,847 SQ. FT. PORTION OF I PORTION OF APN APN 1 APN 424-01-074 424-01-77,78, j 424-01-77,78, �. . 1 97-99,117 I 97-99,117 Z DOC. NO. j ALL OF APN p 19087000 1424-01-100,118 DOC. NO. Q ci 19087000 N • �> AREA TABLE APN I z 424-01-148 PARCEL ONE _ r o 79,580 SQ. FT. m 1 to r OI o PARCEL TWO = wi 62,847 SQ. FT. Zj RESULTANT PARCEL ONE _ APN 142,427 SQ. FT. 424-01-147 1 0 fq • I I I 8426' " W 199.35' 1 APNAPN 424-01_138 424-001-156 BRADLEY A. BILBO o BASIS OF BEARINGS: THE BEARING, SOUTH 84-33-30" EAST, OF THE CENTERLINE OF -' EXP. 03/31/10 m THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT * L.S.6141 OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, N 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. CA�� -�- EXHIBIT 'A" PLAT TO CCOMAPNY EGAL DESCRIPTION FOR LOT LINE ADJUSTMENT OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 SIERRA WEST DRAWN BY: BB y '�� LAND SUIRTZ YIING, UNC. CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 I Lands of Industrial Properties, LLC Nov. 25, 2008 -------------------------------------------------------- Parcel name: Resultant Parcel 1 North: 5212.8819 East : 9947.7267 Line Course: S 84-33-30 E Length: 196.37 North: 5194.2588 East : 10143.2217 Curve Length: 104.30 Radius: 493.00 Delta: 12-07-18 Tangent: 52.35 Chord: 104.11 Course: N 89-22-51 E Course In: N 05-26-30 E Course Out: S 06-40-48 E RP North: 5685.0369 East : 10189.9740 End North: 5195.3838 East : 10247.3218 Line Course: S 00-20-00 W Length: 562.33 North: 4633.0633 East : 10244.0503 Line Course: N 84-26-00 W Length: 199.35 North: 4652.4020 East : 10045.6305 Line Course: N 12-I1-00 W Length: 423.01 North: 5065.8847 East : 9956.3582 Line Course: N 03-21-40 W Length: 147.26 North: 5212.8913 East : 9947.7245 Perimeter: 1632.63 Area: 142,427 SQ. FT. 3.26967 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0097 Course: N 12-59-37 W Error North: 0.00942 East -0.00217 Precision 1- 13.40 O LAND SG�A V BRADLEY A. BILBO �O -' IXP. 03/31/10 (PI L.S. 6141 AL�F PUBLIC WORKS DEPARTMENT LAND DEVELOPMENT&TRAFFIC,RECEIPT / Gv��12. x Effective July 1,2008 TO: City Clerk PUBLIC WORKS FILE NO. -� PROPERTY ADDRESS ,T. qqoa Please collect&receipt for the following monies: -'ACCT. ITEM AMOUNT' LAND.DEVELOPMENT 4722 Encroachment Permit Application Fee Non-Utility Encroachment Permit $310.00 Minor Encroachment Permit<$10,000 $140.00 R-1 First Permit(No Fee)Subsequent<10,000 $135.00 * 2203 Plan Check Deposit 2%of Engineer's Estimate ($500.00 min) 4722 Grading&Drainage Plan Review Single Family Lot $210.00 Site< 10,000 s.f. $625.00 Site> 10,000 s.f. <Acre $835.00 Site> 1 Acre $1,250.00 Plan Check& Inspection Fee Non-Utility **2203 Engr. Est.>$250,000 Actual Cost+20%min.$30,000 Deposit 4722 Engr. Est. <$250,000 13%of ENGR. EST. * 2203 Emergency Construction Cash Deposit 4%of Engr.Est $500 min/$10,000 max * 2203 Faithful Performance Security(FPS) 100%of ENGR. EST. * 2203 Labor and Materials Security 100%of ENGR. EST. 4721 Storm Drainage Area Fee Per Acre (R-1 $2,120.00) (Multi-Res$2,385.00) All Other$2,650.00 4722 Parcel Map 4 Lots or Less $3,500.00+$78/lot 4722 Final Tract Map 5 or More Lots $4,300.00+$105/lot * 22031 Monumentation Security 100%of ENGR. EST. 4920 Parkland Dedication Fee 75%/25% Due Upon Cert.of Occupancy) 4722 Lot Line Adjustment $930.00 4722 Vacation of Public Streets&Easements $2,200.00 4722 Certificate of Compliance $675.00 4722 Certificate of Correction $415.00 47221 Appeal Filing Fee $105.00 4722 Notary Fee per signature $10.00 4722 Assessment Segregation or Reapportionment First Split ($735.00) Each Additional Lot $200.00 511.7424 Postage TRAFFIC 4728 Intersection Turn Counts Two-Hour Count $80.00 4728 Intersection Turn Counts a.m.or p.m.peaks) $155.00 4728 Traffic Flow Map Daily Traffic Volumes $33.00 4728 Signal Timing Information $64.75/Hr 4271 Truck Permits $16.00/per trip 47281 No Parking Signs ($1/each or$25/100) MISCELLANEOUS Other(Please Specify) 47221 Street Tree Planting/Removal Permit $150.00+$500 deposit *Engineer's Estimate shall be as approved by the City Engineer. f TOTAL NAME OF APPLICANT I -�f S . L C NAME OF PAYOR PHONE ADDRESS 2 Z ZIP ,l **Actual Cost Plus 20%Overhead(Non-Interest bearing deposit) FOR RECEIVED BY CITY CLERK //� ONLY Dat/ Receipt-# *For Plan Check and"Cash Deposits,send yellow copyao-Finance. - - Date/Initials - -- --J:TORMSRemplalea\FCnnniStrelivaWeoe'ryl Form laM Dxvebpnicnl7eaR OB-09(Rev.O69B( . CITY OF' » RECq a: lqH +gwIGm2ik mpG2 . pG95 &R; 1 S±§ REGISTER DATE: Iwi0$ TIME; S;+ DESCRIPTION kqA EmRamAD gGm@ 930.00 S 3: LOT LINE GwaMEJ ----------------- TOTAL mo a«.m CHECK PAM S930.00 CHECK NO: m« . JAE±m a»,m » CHANGE; &0 �� u— iv c v INDUSTRIAL PROPERTIE. PLC COMERICA BAn �,LIFORNIA SARATOGA MANAGEMENT C& SAN JOSE MAIN OFFICE 4125 BLACKFORD AVE STE 250 90-3752-1211 SAN JOSE,CA 95117 (408)249-8105 A a 0 (AIQU 9 0 DAM 7x110(II4T 8 order of ***� NINE HUNDRED THIRTY AND 00/100 DOLLARS 12/18/08 $930.00***** City of Campbell - Attn Building Dept TWO SIGNATURES REQUIRED OVER$10,000.00 70 N 1st St Campbell, CA 95008-1458 fvp u'0031075n' 412L1375224 L8930758 3u' I NDUSTREIALyPROPERRIES�LC 1075 SARATOGA MANAGEMENT CO Property Account Invoice Description Amount SIP 4620 Lot line adjustment for Sunnyoaks 930.00 930.00 NDUSTRIAL PROPERTIES LLC 1075 SARATOGA MANAGEMENT CO **** NINE HUNDRED THIRTY AND 00/100 DOLLARS 12/18/08 $930.00***** City of Campbell Attn Building Dept 70 N 1 st St Campbell, CA 95008-1458 NON-NEGOTIABLE DELUXE BUSINESS FORMS 1+800-328-0304 w deluxeforms.com 77 k � _ ��,pF.CAMn�r MEMORAN®UM � � City Of Campbell s� Public Works Department �R CH A0.D To: Tim Haley, Principal Planner Date: December 19, 2008 From: Ed Arango, Associate Engineer Subject: Lot Line Adjustment — 180-186 E. Sunnyoaks Avenue I have attached the proposed Lot Line Adustment for the properties on E. Sunnyoaks Avenue. The applicant will be removing the lot line between the lots to combine the lots. Please review and provide comments if needed. Please let me know if you need any additional information. Instructions Page 3 Process 1. A11 submittals and fees shall be made to the Public Submittal Checklist Works Department. 2. City staff reviews the application and related 1. Lot L ine Adjustment Application form. documents for technical accuracy and acceptable 2. l/1 original&3 copies of plat and legal description. format for recording. / 3. ✓ 3 copies of the site plan. 3. The applicant will be notified after the Lot Line Adjustment submittal has been checked.The applicant 4. ✓ 2 copies of the Assessor's map. shall cause corrections and revisions to be made,and resubmit the documents for verification. 5. -""Owner Authorization form. 4. Once all documents meet City requirements,the Trustee's Consent form. Public Works Department will prepare a"Notice of 6. / Lot Line Adjustment."This Notice is the City's 7. Jt" 2 copies of the preliminary title report. approval form.The legal description(s)and plat of the adjusted parcels will be attached to the Notice of Lot g -V/ 2 copies of the current grant deeds for all properties. Line Adjustment.The Notice of Lot Line Adjustment must be signed by all those who have an interest in the 2 copies of the draft grant deeds to transfer property. property,including the trustees. 5. When all documents have been approved by the City 10. 2 copies of the draft grant deeds for LLA purposes. Engineer and fully signed,the applicant's title 11. ✓2 copies of all referenced documents. company must record the following concurrently: A. Notice of Lot Line Adjustment. 12. -— 2 copies of closure calculations. B. Grant deed(s)to transfer property(ies)held in / different ownership(if applicable). C. Grant deed(s)for lot line adjustment 13. _ Application Fee purposes and other applicable documents(if any). D. Any other applicable documents. 6. A copy of the recorded documents is required to be submitted to the Public Works Department.The applicant is responsible to have all deeds of trust and mortgages modified to correspond to the new lot lines. J:\FORMS\Templates\Land Development\Lot Line Adjustment\LLA Instruction Form Rev.7/08 ti ®V•C A 4, Edward A-Tango, P.E. A. '°10 Associate Civil Engineer { City of Campbell v AM 0 0 0 701;orth First Street y Campbell, CA 95008 �> •O @ C e A R9• Phone: (408) 866-2166 Fax: (408) 376-0958 &Mail: e&@cityofcampbell.com Transmittal To: Cyrus Kianpour Date: December 19, 2008 Company: CSG Address: 1700 S. Amphlett Blvd., Yd Floor San Mateo, CA 94402 Re: 180-186 E. Sunnyoaks Ave. —Lot Line Adustment ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. Plat and Legal Description, 2 copies 2. Closure calculations, 2 copies 3. Preliminary Title Report 4. Referenced document 19087000 5. Assessor' s map • Comments: - Cyrus, please review and comment on the proposed lot line adjustment. Please contact me if you have any questions or comments. Thank you. J:\LandDev\Forms\Transmittals\Transmittal CSG-LLA.DOC U ARROLL Tel:408-261-9800 �l Fax:408-261-0595 NGINEERING00. info@ca oll-engineering.com Engineers'Ond-5U"WOrS December 19, 2008 1101 So.Winchester Blvd.,Suite H-184,San Jose,CA 95128-3903 Mr. Ed Arango Public Works Department 'VE City of Campbell 70 No. First Street DEC200 Campbell, CA 95008 P 8 RE: Sunnyoaks&Eileen—Lot Line Adjustment ADM NSTPIA66N Dear Ed, Enclosed you will find the following documents for the Lot Line Adjustment Application for the Sunnyoaks& Eileen project: ✓1) Lot Line Adjustment Application Form —2) One original and 3 copies of Plat&Legal Description(prepared by Sierra West Land Surveying) ,i 3) 3 copies of Site Plan(prepared by Sierra West Land Surveying) 4) 2 copies of Assessor's Parcel Map ✓5) Owner Authorization Form 6) 2 copies of Preliminary Title Report 7) 2 copies of current grant deeds for all properties 8) 2 copies of draft grant deeds for LLA purposes—Grant Deeds to transfer property N/A per Title Co. 9) Reference documents(Same as item 47) ✓10) 2 copies of closure calculations(part of Plat&Legal Description) �-11) Application fee in the amount of$930.00 We appreciate your review of this submittal and look forward to receiving your comments. Please note, Carroll Engineering will be closed during the Christmas holiday beginning on the afternoon of December 24,2008 (at noon) and will reopen on Monday,January 5,2009. We wish you and your staff a Merry Christmas and thank you for the services and courtesies you extend to us. If you have any questions or need further information,please do not hesitate to contact our office. Very truly yours, CARR/OLL ENGINEERING, INC. Bryce E. Carroll President BEC/lm Enclosures cc: Gary Wimp, Saratoga Management Co. 1 IA p�� QE City of Campbell U r p�� ZOOS Public Works Department ° •�C�r6�C p� 70 N.First St. ,s Campbell,CA 95008 17®eV Phone:(408)866-2150 Fax(409)376-0958 LOT LINE ADJUSTMENT APPLICATION File Number: Receipt #: I_�o ( Date: ;Z_ °� - 08 Amount: By: Location z Net acreage of each parcel is identified on Exhibit"A" .Plat Before and After lot line adjustment. (If there are additional Parcels, attach a separate sheet, using the format below,to provide that information.) Parcel A: (Parcel One) ParcelB: Parcel Two) ParcelC: Address: 180-186 Sunnyoaks Address: 1115,10911,1 95,r1099 & Address: 424-01-7778,97-99,117 424-01-77 78 97-99,117 , APN: APN: 424-01-1015,H8 APN: Owner: Industrial Properties Owner: Industrial Properties Owner: Acreage before: 1.83 Acreage before: 1.44 Acreage before: Acreage after: Combined Acreage after: Combined Acreage after: Reason for LLA: To merge the 2 existing parcels into 1 parcel (142,427 sq.ft. (3.27 Acres Attach Authorization and Certification of Ownership. (See submittal instructions for all submittal requirements.) ess Ice she f .. � +eyo tPt� 1t � Fe Print name of Surveyor or Engineer Name of Firm, If applicable License# Bradley A. Bilbo Sierra West Land Surveying, Inc. 6141 Address City State Zip Code 1359 Sand Hill Court Oakdale CA 95361 Daytime Telephone# Fax# E-mail Address 21J 845-2773 209''845-9041 bradb@sierrawestls.com , �i�3€z 'E`%a w ;tt S P"-> ",. `'. } �„ � �,y4sxet ,� ;' ^k b +. a '�e i> ff {.. `rb1'S 4.'`Y` ^�`e'�'�`i1�.� �, T ,� ri - �_ �{� � � Print name Name of Firm, If applicable Bryce E. Carroll Carroll Engineering, Inc. Address City State Zip Code 1101 So. Winchester Blvd. - #H184 San Jose CA 95128-3903 Dayytime Telephone# Fax# E-mail Address (4U8 261-9800 (408)261-0595 Bryce@carroll-engineering.com J:\FORMS\Templates\Land Development\Lot Line Adjustment\LLA Application Form.doc Rev.5/08 I , i i 0 F F 1 p E ((( O F p 0 G N T y A S S E S S O R �SA T A v�Ai� J9 C T I Y O L f F p R N 1 A p,M• 1060'12 70-80 BOOK 10� 424 PAGE D 1198 •'0 , TQ C y I E¢ 1140 i.1I90 �� .. 09.pa 11§0 7y.E4 1.75 R/5 56119 /`, 'n 147.26 b f eco ° 9s a s { P G t-. P t2S i 6 C 4° sr z 1.,=l00 o ,A pc` 9 t {06.93 n 6�ta8 5$9g13 y M s 1.41AC.NET $ O 51.)6 67-19 Z3 D v � L re rpr coal cawe /0 CA � m ae u pf rq mN m V N 1 _ I/iSFilnm q95 Eiinr. w i rsr-rsr Lnsr Ler, 64 'O TT m rB m 147.90 --- m a 62.t4 09!£!loan o 40 ° /S6 �35. J .1 /00 m N � •'�A99£.lean H A75£'Iren u70E.Sw+npak " d':� 75 �V ,•.166.66 03773 61 66 72-SI ••73.44 160.94 p 4117.2 1 7 37 33' 'P 20 4L 2 /O/ v //01? o - - /3T $ 417.04 179.81 Br LOH Lnga �z � ° r089-9r l085 m 1073 _2,81AC. NET 2.09 AC.NET 40' 393.23 FLOR£NC£ 207 .66 ('190± i nr2 o R/W ,?2 WY. !27 0 208 t961 o fi / W _ 1090-9Z 1070 N � ltt 1T1 \ 170 `O 4 N 378.92 a Sg -N 1.14AC.NET VN �{ 6 SANTA CLARA SANITATION#4 360.0339 �'• 2 ;iro k co /4y N 9 - 9 CA 4 `TWPSS CiW&s it �S5C1NE I Compirt °er assessnelRf 1A�es FOR —2005 C.32Z f I I OFF 1 C C O U N T Y A S S E S S p R A pLA 39 R A C T. '_-- Y C L 1 F p R N 1 A '060-10-00 P•N`• fa sool< 42 ..� m 4 PAGE 1 Y4 nr7�LL .1f60 09.p4 a --I75a 79.e4 1.75 R/5 56/19 i�, 347.26 n►i �...__ !4T . 0 96 vuwi ti pct.. A ,25.16 C t _l0p, ,06.. o` pC4. •• Z 165,1 y 1 6.46 67.19 641a� 58.9Ay 5).16 0- 1.41 AC.NET D Y 6E.f1 J 0 / er•2v/LPtI LokP =!7 CA �J146 Lyp ..pp m ! 49 m' P 3C m f K524 m 9j � S 4-1 ---- msFJetn t095 E;1een Lo4q 7� 64 G2.t4 147.90 ° /56 C Javi eao.n o 95 in //9 n o � 75, N V � ��'N99£"leers p75 fe'lean +dOE.S✓n�Pi � -0 37.73 60.66 72.33 .,73.44 )50.94 .p 407.24 1 :3 33, E �o1.01AC. !O/ v /p2 o a rc /J96 0t// Loll lP.Eo /�7 $ I O 6.8 417.04 179ZI n 1 'o ai LPty LPke g? m �S 2.81AC. NET 2.09 AC.NET /Sp --- -- — � /089.9J J08i J075 n/0 c 40, 393.23 FLOR£NC£ '9 207 .68 150r :arz �+ R/W /_22 •Z WY. 'G /2T 208 t 96 170 m r090-92 /070 /050-60 \ N i 6 p ul 1 15ar a — 170 208.92 ... ! v ro 978.92 ' s i& a 1.14AC.NET 1 SANTA CLARA SANITATION#4 - .. ...360.03 .., 99 /43 N q TWP85b 4 J ` CZ PSSessmaR(pc> es FOR 004 Sec.324 . � -2005 063 _ L 04.30 H + i c a LANDS OF g IN6,US7RIAL N `" t I ,i ALL' �, •r - 1' s 424- 100 AREA TABLE D C NU. �I 19 PARCEL ONE _ 79,580 SQ. FT. APN 'I r 424-01V 1_ r j PARCEL TWO = �. w I �' , 62,847 SQ. FT. ., m I r �. RESULTANT PARCEL z I I R ONE _ '' v 142,427 SQ. FT. IL APN o 424-01 aw •1 I f 6 I _ 1 84 .358 LAND se AP 'Q 2 0 N 1 cry l'ce` v BRADLEY A.BILIO o EXP.03/31/10 70 BASIS OF BEARINGS: THE BEARING, SOUTH 84'33'30" EAST, OF THE CENTERLINE OF L•S.6141 \* THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT ¢ OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS QIe cA1.�F� USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. EXHIBIT 'A' SITE PLAN FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 SIERRA WEST DRAWN BY: BB f\ II.Af31m ffi>I IZVIL+YIING, U14r- CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 1LAW ..40F l P 9300 663 y -' L=40,4 0.g ,� P I 1V fl sft r LANDS OF I LA OFF o INDUSTRIAL j IN RRO .;r, 14 N y PERTIES.z x �*I APR I '.. a:. � •�PLLCM v ', � 4tAp�f!77 �I 1 9, ALL 10X A 19 1 424= 1,.100 �' I AREA TABLE DO • C NO. t I �— _ ��,.•- - _ r• PARCEL ONE 79,580 SQ. FT. 424-01-1 {' j m� PARCEL TWO = � .> o •' ' 62,847 SQ. FT. -j r IRESULTANT PARCEL ONE _ !. ti; ". ;zI°• , 142,427 SQ. FT. %'' APN 4 of 1�z 424-01 147 � r 1 fn kkh rr t- I a ' 0 1i,NND APN r I BRADLEY A.BILBO 71 EXP.03/31/10 BASIS OF BEARINGS: THE BEARING, SOUTH 8433'30" EAST, OF THE CENTERLINE OF L.S.6141 THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT Q' OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, O��\ 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS CPe1o�F USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS ®MAP. EXHIBIT wAw SITE PLAN FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS WEST 7L� DATE: 11/25/08 SIERRA Vie E S T DRAWN BY: BB CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT N0. 08-1309 (209) 845-2773 FAX (209) 845-9042 ^,.a • DIY .. 03 33 39 1��45? E�n �� ADO ' = . "a 33 NJ �' 493.Q0 t I` D 1V Lz LANDS OF o o i INDUSTRIAL L IND�I i PROPERTIES. r1PRQPER°Tl a q Pt9R11. I P RT •QFi�SF e APN r 424-Q, ,11 1 42 100, AREA TABLE e o �A I DOC. N®. k AR 1087 r, PARCEL ONE _ I = & '424—01—941� � �� r} +r} `i, PARCEL TWO wI 62,847 SQ. FT. ®I r; '� � ', ��:. - •,�' ` _ I RESULTANT PARCEL ONE z 142,427 SQ. FT. Of APN 15 424-01-947+ Ii till 84 AfN � w 24--01-' BRADLEY A.BILB0 a . UP.03/31/10 "o BASIS OF BEARINGS: THE BEARING, SOUTH 84'33'30" EAST, OF THE CENTERLINE OF L.S.6141 THE EXISTING 60' WIDE RIGHT OF WAY, BEING.SUNNYOAKS AVENUE, AS SAID RIGHT OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, 2006. AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS ®�(;A�,F®�� USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. EXHIBIT "An SITE PLAN FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 SIERRA WEST DRAWN BY: BB j `y �\ ILA14D SUJ113d1EY11gGy KlgC. CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 � � / � �061060 _ i ! �~ �~ 148 ~ 1,40 ' | � --- | | 1/90 � | � ! / | / / � r�\ | � \ / | 6746 66.11 99 118 417-04 Al 1110 zoo t 2.5 143 | ' � y � 1 TjN N Y . oW-W ," , s Two , fill 1a_ llr'S 03'211r40" E _ ,� r, 00 1p0 33.39 ' .' T, , .era. ...."I 3. 6 i 2 063 ' �'. I L=104:3T-- LANDS OF OF D ! INDUSTRIAL I P' I INd TRI� " • . PROPERTIES.t— - ,--__PROPERTIESy " y ; c PARS j�+79158 S 2, r POR. F jR PNTION OFq APN , �,•/q�PpN I I ; I 424-01=074 .. 401L� .78►_ I 1-77 `.".7 r ALL)OF AP 1 190$7 1424-014100, AREA TABLE DOC. N0. ♦, _. 196TS7.000 �. PARCEL ONE _ 79,580 SO. FT. APN w �" 424-01-1 t j 1 a^ PARCEL TWO = 0 I" 162,847 SQ. FT. In j I RESULTANT PARCEL ONE _ 142,427 SQ. FT. jr, �T I. ;.. APN -- �424-01-147 I . d s_ Ls o 1 1 t_7 Qa 269 so• y 1 9.35' r ti r °. ► t b' APN r , 24— 138 AP'� BASIS OF BEARINGS: THE BEARING, SOUTH 84-33-30" EAST, OF THE CENTERLINE OF THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT J BRADLEYA. BILBO OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, UP. 03/31/10 M 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS L.S. 6141 USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. (p Q, EXHIBIT "A' SITE PLAN FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 �\S I E R R A WEST DRAWN BY: BB '---1 ' f \ ILANII) GUIRVIEYI11W, UNC- CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 NORTHEASTERLY / CORNER OF S U N IV Y _ K S PARCEL%, - - --- _ Pos - A V :E . , j,-S 03'?r1'0 E - — - �00- --00- 33.39 33.27 z w TPOB I I N APN R=493.00 N 424-01-063 v I L=104.30 t o N I A=12'07'18 s z I LANDS OF I LANDS OF N INDUSTRIAL 1 INDUSTRIAL PROPERTIES, I PROPERTIES, LLC LLC PARCEL ONE I PARCEL TWO 79,580 SQ. FT. 6ZS47 SQ. FT. PORTION OF I PORTION OF APN APN I APN 424-01-074 424-01-77.78, 1 424-01-77,78, 1 97-99,117 I 97-99.117 Z DOC. NO. I ALL OF APN N 19087000 1424-01-100,118 1 DOC. NO. Q oc 1 19087000 N C 1 z AREA TABLE APN J m 424-01-148 0:1 M I PARCEL ONE _ r w I C4 0 79,580 SQ. FT. 1 m I co ir 01 toPARCEL TWO = ~I 62,847 SQ. FT. WI w �1 RESULTANT PARCEL o f-I 3 ONE _ 01 142,427 SQ. FT. ti APN I o 424-01-147 I o 0 1 I I I 84'26' ". W 199.359 APN 1 424-01--138 APN 424-p1_756 v BRADLEYA. BILBO O BASIS OF BEARINGS: THE BEARING, SOUTH 84-33-30" EAST, OF THE CENTERLINE OF -� 10 THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT * 6 EXP.03/31/31/ OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS N� USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. F CAI. EXHIBIT 'A' PLAT TO ACCOMAPNY LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 SIERRA WEST DRAWN BY: BB LAND SURVIEYUNG, UNC. CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 Lands of Industrial Properties, LLC Nov. 25, 2008 -------------------------------------------------------- Parcel name: Resultant Parcel 1 North: 5212.8819 East : 9947.7267 Line Course: S 84-33-30 E Length: 196.37 North: 5194.2588 East : 10143.2217 Curve Length: 104.30 Radius: 493.00 Delta: 12-07-18 Tangent: 52.35 Chord: 104.11 Course: N 89-22-51 E Course In: N 05-26-30 E Course Out: S 06-40-48 E RP North: 5685.0369 East : 10189.9740 End North: 5195.3838 East : 10247.3218 Line Course: S 00-20-00 W Length: 562.33 North: 4633.0633 East : 10244.0503 Line Course: N 84-26-00 W Length: 199.35 North: 4652.4020 East : 10045.6305 Line Course: N 12-11-00 W Length: 423.01 North: 5065.8847 East : 9956.3582 Line Course: N 03-21-40 W Length: 147.26 North: 5212.8913 East : 9947.7245 Perimeter: 1632.63 Area: 142,427 SQ. FT. 3.26967 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0097 Course: N 12-59-37 W Error North: 0.00942 East -0.00217 Precision 1: 168,313.40 �A N D S��G v BRADLEY A. BILBO 0 -� EXP. 03/31/10 L.S. 6141 \ OQ`= Authorization and Certificate of Ownership: I(we)certify that I am(we are)the record owner(s)of the properties described in this lot line adjustment application,that the information contained herein is true and correct to the best of my (our)knowledge,and that I(we)consent to the lot line adjustment/merger as described herein. r "P rcel A" O er "P cel B" Signature: a re: Print Name: S a tr P/IA,; Print Name: Address: CE Vr-r-.. -V/q�¢ Co oii� Address: C&v7WVJV44-` C0 SoI-la Date: � �� Date: Note: Signatures of Owners must be properly notarized,with a proper Notary Acknowledgement form attached. If an agent or other representative of the property owner executes this application,a copy of the Power of Attorney authorizing such action must be attached. Please attach all required backup information for a complete application. If more than two (2)parcels,attach additional sheets with owners' signature. STATE OF COLORADO } } ss. COUNTY OF ARAPAHOE } On the 11th day of December 2008, Stephen A. Finn appeared before me and signed this "Authorization and Certificate of Ownership. Cynthia�K.Susser w Notary Public _ - My commission expires 11/01/2011. J:\FORMS\Templates\Land Development\Lot Line Adjustment\LLA Owner Authorization.doc Rev.5109 c ~- Order ivurnber:NCS-366443-SC Page Number:1 First American Title 1737 North First Street, Suite 500 San Jose, CA 95112 Mike Johnson Colliers Parrish International, Inc. 450 W. Santa Clara Street San Jose, CA 95113-1503 Phone: (408)282-3852 Escrow Officer: Linda Tugade Phone: (408)579-8340 Owner: Industrial Properties Property: 180-186 E Sunnyoaks and 1975, 1091, 1095, 1099 and 1115 Eileen Way, 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 and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or'the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A.Copies of the policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the 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. First American Title Insurance Company t 7 -' Order number:NCS-366443-SC Page Number:2 Dated as of August 21, 2008 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: INDUSTRIAL PROPERTIES LLC,A COLORADO LIMITED LIABILITY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple as to Parcel One and Two, an easement as to Parcel Three. 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 2008-2009, a lien not yet due or payable. 2. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $476.50, PAYABLE Penalty: $67.65 Second Installment: $476.50, PAYABLE Penalty: $67.65 Tax Rate Area: 10-012 A. P. No.: 424-01-077 3. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $414.23, PAYABLE Penalty: $61.42 Second Installment: $414.23, PAYABLE Penalty: $61.42 Tax Rate Area: 10-012 A. P. No.: 424-01-078 First American Title Insurance Company - Order ,ber:NCS-366443-SC Page Number:3 4. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $496.48, PAYABLE Penalty: $69.64 Second Installment: $496.48, PAYABLE Penalty: $69.64 Tax Rate Area: 10-012 A. P. No.: 424-01-097 5. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $556.29, PAYABLE Penalty: $75.62 Second Installment: $556.29, PAYABLE Penalty: $75.62 Tax Rate Area: 10-012 A. P. No.: 424-01-098 6. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5'commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $559.96, PAYABLE Penalty: $75.99 Second Installment: $559.96, PAYABLE Penalty: $75.99 Tax Rate Area: 10-012 A. P. No.: 424-01-099 7. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $553.85, PAYABLE Penalty: $75.38 Second Installment: $553.85, PAYABLE Penalty: $75.38 Tax Rate Area: 10-012 A. P. No.: 424-01-100 8. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,905.77, PAYABLE Penalty: $210.57 Second Installment: $1,905.77, PAYABLE Penalty: $210.57 Tax Rate Area: 10-012 A. P. No.: 424-01-117 9. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,029.86, PAYABLE First American Title Insurance Company Order 1�ti giber:NCS-366443-SC Page Number:4 Penalty: $122.98 Second Installment: $1,029.86, PAYABLE Penalty: $122.98 Tax Rate Area: 10-012 A. P. No.: 424-01-118 10. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 11. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District County Library 12. An easement for right of way easement for an open ditch or pipe line and incidental purposes, recorded January 16, 1946 in Book 1322, Page 285 of Official Records. In Favor of: Robert C. Herschbach Affects: As described therein 13. An easement for right of way for pipe lines and the right of ingress and egress and incidental purposes, recorded May 20, 1952 in Book 2422, Page 461 of Official Records. In Favor of: Rex 0. Cobb, et ux Affects: Parcel One 14. An easement for conveying gas and underground pipe lines and incidental purposes, recorded March 1, 1960 in Book 4714, Page 22 of Official Records. In Favor of: Pacific Gas and Electric Company, a California corporation Affects: Parcel Two 15. A Deed of Trust to secure an original indebtedness of$3,560,000.00 recorded June 15, 2007 as Instrument No. 19471479 of Official Records. Dated: June 4, 2007 Trustor: Industrial Properties LLC, a Colorado limited liability company Trustee: Chicago Title Company, a corporation Beneficiary: Comerica Bank 16. A notice of nonresponsibility, executed by Industrial Properties Co., LLC, recorded June 3, 2008 as Instrument No. 19874168 of Official Records. 17. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a document recorded June 3, 2008 as Instrument No. 19874168 of Official Records. 18. Rights of parties in possession. First American Title Insurance Company r � Order viumber:NCS-366443-SC Page Number:5 INFORMATIONAL NOTES 1. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $3,080.78, PAID Penalty: $328.07 Second Installment: $3,080.78, PAID Penalty: $328.07 Tax Rate Area: 10-012 A. P. No.: 424-01-077 2. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $71.33, PAID Penalty: $27.13 Second Installment: $71.33, PAID Penalty: $27.13 Tax Rate Area: 10-012 A. P. No.: 424-01-077 3. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,975.53, PAID Penalty: $317.55 Second Installment: $2,975.53, PAID Penalty: $317.55 Tax Rate Area: 10-012 A. P. No.: 424-01-078 4. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $53.67, PAID Penalty: $25.36 Second Installment: $53.67, PAID Penalty: $25.36 Tax Rate Area: 10-012 A. P. No.: 424-01-078 5. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $3,192.20, PAID Penalty: $339.22 Second Installment: $3,192.20, PAID Penalty: $339.22 Tax Rate Area: 10-012 First American Title Insurance Company Order Number:NCS-366443-SC Page Number:6 A. P. No.: 424-01-097 6. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $50.79, PAID Penalty: $25.07 Second Installment: $50.79, PAID Penalty: $25.07 Tax Rate Area: 10-012 A. P. No.: 424-01-097 7. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,615.45, PAID Penalty: $281.54 Second Installment: $2,615.45, PAID Penalty: $281.54 Tax Rate Area: 10-012 A. P. No.: 424-01-098 8. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $58.61, PAID Penalty: $25.86 Second Installment: $58.61, PAID Penalty: $25.86 Tax Rate Area: 10-012 A. P. No.: 424-01-098 9. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,495.61, PAID Penalty: $269.56 Second Installment: $2,495.61, PAID Penalty: $269.56 Tax Rate Area: 10-012 A. P. No.: 424-01-099 10. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $60.11, PAID Penalty: $26.01 Second Installment: $60.11, PAID Penalty: $26.01 Tax Rate Area: 10-012 A. P. No.: 424-01-099 11. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $2,739.36, PAID First American Title Insurance Company t 1 - Orderr'ur,�ber:NCS-366443-SC Page Number:7 Penalty: $293.93 Second Installment: $2,739.36, PAID Penalty: $293.93 Tax Rate Area: 10-012 A. P. No.: 424-01-100 12. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $56.79, PAID Penalty: $25.67 Second Installment: $56.79, PAID Penalty: $25.67 Tax Rate Area: 10-012 A. P. No.: 424-01-100 13. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $13,418.16, PAID Penalty: $1,361.81 Second Installment: $13,418.16, PAID Penalty: $1,361.81 Tax Rate Area: 10-012 A. P. No.: 424-01-117 14. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,905.77, PAID Penalty: $210.57 Second Installment: $1,905.77, PAID Penalty: $210.57 Tax Rate Area: 10-012 A. P. No.: 424-01-117 15. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $4,761.52, PAID Penalty: $496.15 Second Installment: $4,761.52, PAID Penalty: $496.15 Tax Rate Area: 10-012 A. P. No.: 424-01-118 16. Supplemental taxes for the fiscal year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $518.44, PAID Penalty: $71.84 Second Installment: $518.44, PAID Penalty: $71.84 Tax Rate Area: 10-012 First American Title Insurance Company I `l Order i Yunwer:NCS-366443-SC Page Number:8 A. P. No.: 424-01-118 17. 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 180-186 E Sunnyoaks and 1975, 1091, 1095, 1099 and 1115 Eileen Way, Campbell, California. 18. 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: A document recorded August 31, 2006 as Instrument No. 19087000 of Official Records. From: Bank of the West, as Successor Trustee of the Shortino Living Trust dated July 2, 1981 as amended and restated, Marital Trust; and Bank of the West, as Successor Trustee of the Shortino Living Trust dated July 2, 1981 as amended and restated, Marital Reverse QTip Trust; and Joanne L. Gearheard, as Successor Trustee of the Leo M. Shortino 2001 Declaration of Trust dated June 6, 2001 To: Industrial Properties LLC, a Colorado Limited Liability Company 19. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. 20. 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 First American Title Insurance Company Order'wurrioer:NCS-366443-SC Page Number:9 and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 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 (1-1-C-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 First American Title Insurance Company � Order Number:NCS-366443-SC Page Number:10 identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 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 Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Order',,n6ber:NCS-366443-SC Page Number:it LEGAL DESCRIPTION Real property in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE RIGHT OF WAY GRANTED BY ROBERT C. HERSCHBACH AND SIGNE M. HERSCHBACH TO ALVIN LAKE AND JOHANNA LAKE, BY DEED DATED APRIL 15, 1948 AND RECORDED JULY 19, 1948 IN BOOK 1648 OF OFFICIAL RECORDS, PAGE 384, RECORDS OF THE SANTA CLARA COUNTY, CALIFORNIA, DISTANT THEREON SOUTH 260 27' WEST 32.14 FEET FROM A ONE INCH IRON BAR FOUND AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 1.816 ACRE TRACT OF LAND CONVEYED BY IRA A. BEAL TO ETHEL MCBRIDE, BY DEED DATED FEBRUARY 19, 1946 AND RECORDED FEBRUARY 20, 1946 UNDER FILE NO. 386763, BOOK 1320, PAGE 561, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA; AND RUNNING THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT OF LAND SOUTH 840 33' 30" EAST 387.19 FEET TO A 3/4 INCH PIPE AT THE EASTERLY TERMINUS OF A RIGHT OF WAY HEREINAFTER DESCRIBED; AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUNNING SOUTH 00 20'WEST 584.23 FEET TO A 3/4 INCH PIPE IN THE NORTHERLY LINE OF THAT CERTAIN 2.653 ACRE TRACT OF LAND DESCRIBED IN THE AGREEMENT OF SALE BY AND BETWEEN ROBERT C. HERSCHBACH, ET UX,AND ARTHUR W. STAGGS, RECORDED IN BOOK 2137 OF OFFICIAL RECORDS, PAGE 286; THENCE ALONG THE NORTHERLY LINE OF SAID 2.653 ACRE TRACT OF LAND NORTH 840 26'WEST 85.54 FEET TO A 3/4 FEET INCH PIPE THAT IS DISTANT 390.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM THE EASTERLY LINE OF THE RANCHO RINCONADA DE LOS GATOS; THENCE NORTHERLY ALONG A PARALLEL WITH AND DISTANT 390.00 FEET MEASURED AT RIGHT ANGLES EASTERLY FROM SAID EASTERLY LINE OF SAID RANCHO NORTH 120 11' WEST 423.01 FEET TO A 3/4 INCH PIPE; THENCE LEAVING SAID 30"WEST 187.19 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 840 33' 30" EAST AND PARALLEL TO THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT 187.19 FEET TO THE POINT OF BEGINNING. CONTAINING 1.97 ACRES, MORE OR LESS,AND BEING A PORTION OF SECTION 3, TOWNSHIP 8 SOUTH RANGE 1 WEST, M. D. B. & M. PARCEL TWO: COMMENCING AT A ONE INCH IRON BAR FOUND AT THE SOUTHWESTERLY CORNER OF THAT CERTAIN 1.816 ACRE TRACT OF LAND CONVEYED BY IRA A. BEAL TO ETHEL MCBRIDE BY DEED DATED FEBRUARY 19, 1946 AND RECORDED FEBRUARY 20, 1946 IN BOOK.1320 OF OFFICIAL RECORDS, PAGE 561; THENCE SOUTH 260 27'WEST 32.14 FEET; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 30 FEET AT RIGHT ANGLES FROM THE SOUTHERLY LINE AND THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT OF LAND, SOUTH 840 33' 30" EAST 387.19 FEET TO A 3/4 INCH IRON PIPE SET AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 2.915 ACRE TRACT OF LAND CONVEYED BY ROBERT C. HERSCHBACH, ET UX,TO REX 0. COBB, ET UX, BY DEED DATED APRIL 18, 1952 AND RECORDED MAY 20, 1952 IN BOOK 2422 OF OFFICIAL RECORDS, AT PAGE 461, IN THE CENTER LINE OF A 60 FOOT RIGHT OF WAY, SAID NORTH-EASTERLY CORNER BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING,AND ALONG THE CENTER LINE OF THE SAID 60 FOOT RIGHT OF WAY, SOUTH 84° 33' 30" EAST 11.94 FEET TO A 3/4 INCH IRON PIPE; THENCE CONTINUING ALONG THE CENTER LINE OF SAID 60 FOOT RIGHT OF WAY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 460 FEET,AND TANGENT TO THE PRECEDING COURSE, FOR AN ARC DISTANCE OF 101.38 First American Title Insurance Company 1 Order iuii per:NCS-366443-SC Page Number:12 FEET, MORE OR LESS,TO THE NORTHWESTERLY CORNER OF THAT CERTAIN 1/2 ACRE TRACT OF LAND CONVEYED BY MAX M. KENNEY, ET UX,TO HOWARD L. ASH, ET UX, BY DEED RECORDED JUNE 15, 1954 IN BOOK 2895 OF OFFICIAL RECORDS,AT PAGE 498; THENCE LEAVING THE CENTER LINE OF THE SAID 60 FOOT RIGHT OF WAY,AND RUNNING ALONG THE WESTERLY LINE OF THE SAID 1/2 ACRE PARCEL OF LAND SO CONVEYED AT ASH, AND THE SOUTHERLY PROLONGATION THEREOF, SOUTH 00° 20' WEST 609.00 FEET, MORE OR LESS,TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THAT CERTAIN 3.00 ACRE PARCEL OF LAND CONVEYED BY ROBERT C. HERSCHBACH, ET UX,TO MAX M. KENNEY, ET UX, BY DEED DATED MAY 24, 1954 AND RECORDED JUNE 15, 1954 IN BOOK 2895 OF OFFICIAL RECORDS,AT PAGE 492; THENCE ALONG SAID SOUTHERLY LINE, NORTH 840 26' WEST 190.00 FEET, MORE OR LESS,TO THE SOUTH-WESTERLY CORNER OF SAID 3.00 ACRE PARCEL OF LAND; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID 3 ACRE PARCEL OF LAND, NORTH 0° 20' EAST 584.23 FEET, MORE OR LESS,TO THE TRUE POINT OF BEGINNING,AND BEING A PORTION OF SAID 3.00 ACRE PARCEL OF LAND, SITUATED IN SECTION 3,TOWNSHIP 8 SOUTH; RANGE 1 WEST M. D. B. &M. EXCEPTING THEREFROM THE NORTHERLY 33 FEET OF PARCEL ONE AND PARCEL TWO AS CONVEYED TO THE CITY OF CAMPBELL, A MUNICIPAL CORPORATION, BY INSTRUMENT RECORDED NOVEMBER 9, 1959 IN BOOK 4600 OF OFFICIAL RECORDS, PAGE 239. PARCEL THREE: A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS, OVER AND ALONG THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT AN IRON PIPE SET EIGHT INCHES BELOW THE SURFACE OF THE GROUND IN THE SOUTHEASTERLY LINE OF THE LANDS OR RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY AND AT THE MOST WESTERLY CORNER OF THAT CERTAIN 1.816 ACRE TRACT OF LAND CONVEYED BY IRA A. BEAL TO ETHEL MCBRIDE BY DEED DATED FEBRUARY 19, 1946 AND RECORDED FEBRUARY 20, 1946 IN BOOK 1320 OF OFFICIAL RECORDS, PAGE 561, SANTA CLARA COUNTY RECORDS;THENCE ALONG THE BOUNDARIES OF SAID 1.816 ACRE TRACT OF LAND, SOUTH 84° 16' EAST 13.41 FEET TO AN IRON BAR AND SOUTH 00 40' WEST 125.83 FEET TO AN IRON BAR AT THE SOUTHWESTERLY CORNER OF SAID 1.816 ACRE TRACT OF LAND;THENCE ALONG THE SOUTHERLY LINE OF SAID 1.816 ACRE TRACT OF LAND AND ITS EASTERLY PROLONGATION, SOUTH 840 33' 30" EAST 387.61 FEET TO A 3/4 INCH IRON PIPE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 430 FEET, THROUGH AN ANGLE OF 260 09' 35" FOR AN ARC DISTANCE OF 196.33 FEET; THENCE SOUTH 200 43' 05" EAST 30 FEET TO A ONE INCH IRON PIPE AT THE NORTHEASTERLY CORNER OF THE 3.00 ACRE PARCEL OF LAND CONVEYED BY ROBERT C. HERSCHBACH, ET UX,TO MAX M. KENNEY, ET UX, BY DEED DATED MAY 24, 1954 AND RECORDED JUNE 15, 1954 IN BOOK 2895 OF OFFICIAL RECORDS, AT PAGE 492,AND REFERRED TO IN THE PARCEL OF LAND FIRST HEREINABOVE DESCRIBED; THENCE ALONG THE NORTHERLY LINES OF SAID 3.00 ACRE TRACT OF LAND, SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 460 FEET FROM A TANGENT BEARING SOUTH 690 16' 55"WEST THROUGH AN ANGLE OF 260 09' 35"AN ARC DISTANCE OF 210.02 FEET TO A 3/4 INCH IRON PIPE,AND THENCE NORTH 840 33' 30"WEST 11.94 FEET TO A 3/4 INCH IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID 3.00 ACRE TRACT OF LAND; THENCE ALONG THE WESTERLY LINE OF SAID 3.00 ACRE TRACT OF LAND SOUTH 00 20'WEST 30.12 FEET TO A 3/4 INCH IRON PIPE; THENCE LEAVING SAID WESTERLY LINE NORTH 840 33' 30" WEST 341.51 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET,THROUGH AN ANGLE OF 1070 37' 30"AN ARC DISTANCE OF 37.57 FEET TO A POINT DISTANT 240 FEET MEASURED AT RIGHT ANGLES NORTH-EASTERLY FROM THE EASTERLY LINE OF RANCHO RINCONADA DE LOS GATOS; THENCE PARALLEL WITH SAID EASTERLY LINE OF SAID RANCHO, SOUTH 120 11' EAST 176.19 FEET; THENCE AT RIGHT ANGLES SOUTH 770 49' WEST 60 FEET TO A POINT DISTANT 180 First American Title Insurance Company Order rvumoer:NCS-366443-SC Page Number:13 FEET MEASURED AT RIGHT ANGLES NORTHEASTERLY FROM SAID EASTERLY LINE OF SAID RANCHO; THENCE PARALLEL WITH SAID EASTERLY LINE OF SAID RANCHO AND ALONG THE WESTERLY LINE OF A RIGHT OF WAY, NORTH 12° 11' WEST 239.73 FEET TO AN IRON PIPE SET EIGHT INCHES BELOW THE SURFACE OF THE GROUND; THENCE NORTH 48' 19' EAST 65.89 FEET TO AN IRON PIPE SET EIGHT INCHES BELOW THE SURFACE OF THE GROUND AT A POINT DISTANT NORTH 660 03' WEST 14.55 FEET FROM THE IRON BAR AT THE SOUTH- WESTERLY CORNER OF SAID 1.816 ACRE TRACT OF LAND HEREINABOVE REFERRED TO; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 13.36 FEET AT RIGHT ANGLES, WESTERLY FROM THE WESTERLY LINE OF SAID 1.816 ACRE TRACT OF LAND, NORTH 0° 40' EAST 121.26 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF AS LIES WITHIN THE BOUNDS OF THE HEREINABOVE DESCRIBED PARCEL ONE. APN: 424-01-077 and 424-01-078 and 424-01-097 and 424-01-098 and 424-01-099 and 424-01- 100 and 424-01-117 and 424-01-118 First American Title Insurance Company Order Number:NCS-366443-SC Page Number:14 NOTICE! 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 attorney's,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'lull ber:NCS-366443-SC Page Number:15 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 currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance company Order s`S .—.jer:NCS-366443-SC Page Number:16 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE 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 date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or First American Title Insurance Company Order i4u-iiuer:NCS-366443-SC Page Number:17 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 I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 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. First American Title insurance Company � I � Order i U—moer:NCS-366443-SC Page Number:18 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: 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(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. 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 First American Title Insurance Company Order,: :::per:NCS-366443-SC Page Number:19 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 B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: *land use *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: First American Tit/e Insurance Company Order'r': rr,��er:NCS-366443-SC Page Number:20 *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 aright: *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 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.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 First American Title Insurance Company Order imuiiwer:NCS-366443-SC Page Number:21 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. 11.EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 Covered Risks 16(Subdivision Law Violation).18(Building Permit).19(Zoning)and 21(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 13,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of those portions of any law or government regulation concerning: a.building b.zoning c.land use d.improvements on the land e.land division f.environmental protection This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19,20,23 or 27. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a.that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records; First American Title Insurance Company Order Number:NCS-366443-SC Page Number:22 b.that are Known to You at the Policy Date,but not to Us,unless they are recorded in the Public Records at the policy 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.e.,25,26,27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21,Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1%of Policy Amount or$5,000.00 (whichever is less) $10,000.00 Covered Risk 18: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 19: 1%of Policy Amount or$5,000.00(whichever is less) $25,000.00 Covered Risk 21: 1%of Policy Amount or$2,500.00(whichever is less) $5,000.00 12.THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(1/01/08) 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,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to(i)the occupancy,use,or enjoyment of the Land;(ii)the character,dimensions,or location of any improvement erected on the Land;(iii)the subdivision of land;or(iv)environmental protection;or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d), 14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19,20,21,22,23,24,27 or 28);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 an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b)or 25. 8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE First American Title insurance Company Order i'llumber:NCS-366443-SC Page Number:23 The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer,or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). 14.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 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 13 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.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2.Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. 15.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 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,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i)the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii)the subdivision of land;or (iv)environmental protection;or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or S. 3.Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; First American Title Insurance Company Order mmoer:NCS-366443-SC Page Number:24 (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors?rights laws,that the transaction vesting the Title as shown in Schedule A,is (a)a fraudulent conveyance or fraudulent transfer;or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 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 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 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.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2.Any facts,rights,interests,or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. First American Title Insurance Company 19087000 Page 1 t `-RECORDING REQUESTED BY: DOCUMENT: 19087000 Chicago Title Company Pages 4 Escrow No.: 06-97700353-FL SUB Locate No.: CACT17743-7743-2977-0097700353 Fees. , 26.00 Title No.: 06-97700353-MC Taxes. , -- Con f -- Copies. . When Recorded Dail Document AMT PA D 6 02 0 and Tax Statement To: Industrial Properties LLC BRENDA DAVIS RDE # 012 c/o Trust America Corp., Attn, Douglas SANTA CLARA COUNTY RECORDER 8/31/2006 Thaxton Recorded at the request of 8:00 AM 7103 South Revere Parkway Chicago Title Centennial, CO 80112 APN: 424Z01�Q�7,97$, ,,�Q 099, 100,,117& 118 SPACE ABOVE THIS LINE FOR RECORDER'S USE ? ��) i �'I "1 .1. .J,�, tg + GRANT DEED FILOR DBN" M b i ►�i.�: .J t iyi {f f.i:'•.:� j v1.,u - RECORD STAMPVi' LU9 4 The undersigned grantor(s)declares) �,f Documentary transfer tax is$ //clt- pi'/ /� CINE LINDE FOR CHICAGO TITLE [ ] computed on full value of property convey , or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area City of Campbell, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BANK OF THE WEST, AS SUCCESSOR TRUSTEE OF THE SHORTINO LIVING TRUST DATED JULY 2, 1981 AS AMENDED AND RESTATED,MARITAL TRUST, AND BANK OF THE WEST,AS SUCCESSOR TRUSTEE OF THE SHORTINO LIVING TRUST DATED JULY 2,1981 AS AMENDED AND RESTATED,MARITAL REVERSE Q RP TRUST, AND JOANNE L.GEARHEARD,AS SUCCESSOR TRUSTEE OF THE LEO M. SHORTINO 2001 DECLARATION OF TRUST DATED JUNE 6, 2001. O hereby GRANT(S)to INDUSTRIAL PROPERTIES LLC, A COLORADO LIMITED LIABILITY COMPANY the following described real property in the City of Campbell,County of Santa Clara, State of California: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF vo O MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213(Rev 7/96) GRANT DEED (grant)(06-06) 19087000 Page 2 DATED: August 24, 2006 Bank of the West, as successor trustee of the Shortino STATE OF CALIFORNIA ) Living Trust dated July 2, 1981 as amended and restated, COUNTY OF SANTA CLARA ) Mar' I Trust ON AUGUST 29, 2006 before me, ! ;� FRANCINE LINDE, NOTARY PUBLIC y/ %,ev GG C (here insert name and title of the officer), personally appearedCLAIRE MASH. RICHARD A. GROSS AND ,�� A&pss L JOANNE L. GEARHEARD, by: its authorized trust officers; GYM Ore rn-i s� :.proved to me on the basis of Bank of the West, as successor trustee of the Shortino satisfactory evidence)to be the person(s)whose name(s) Living Trust dated July 2, 1981,as amended and restated, is/are subscribed to the within instrument and Mar' I Re a QTip Trust acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the Instrument the person(s), 1/P 5 ' ;iVST 44 or the entity upon behalf of which the person(s) acted, C executed the instrument. by: its authorized trust office ,� .� rs; W. Csws s L L. elAl;C H7a sA Witness my hand and official seal. Joanne.Gearheard, as successor trustee of the Leo M. rtino 2001 Decla tipof Trust, ated June 6, 2001 Sig a r (Seal) by:Joanne Gearheard,trustee lei FAANOWE WIDE Carem.N0.1 b 96 b 6O r10TARtl Pt K C•CUSOMIA u WRAMARACOLOM • MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213(Rev 7/96) GRANT DEED (grant) 19067000 Page 3 Escrow No.: 06-97700333-FL Locate No.: CACr17743-7743-2977-0097700353 Me No.: 06-97700353-MC EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: Beginning at a point In the Easterly line of the right of way granted by Robert C. Herschbach and Signe M. Herschbach to Alvin Lake and Johanna Lake, by Deed dated April 15, 1948 and recorded July 19, 1948 in Book 1548 of Official Records, Page 384, records of Santa Clara County, California, distant thereon South 260 27'West 32.14 feet from a one inch iron bar found at the Southwesterly corner of that certain 1.816 acre tract of land conveyed by Ira A. Beal to Ethel Mc Bride, by Deed dated February 19, 1946 and recorded February 20, 1946 under File No. 286763, Records of Santa Clara County, California; and running thence parallel with the Southerly line of said 1.816 acre tract of land South 84°33' 30" East 387.19 feet to a 3/4 inch pipe at the Easterly terminus of a right of way hereinafter described; and the true point of beginning of this description; thence running South 00 20'West 584.23 feet to a 3/4 inch pipe in the Northerly line of that certain 2.653 acre tract of land described in the Agreement of Sale by and between Robert C. Herschbach, et ux, to Arthur W. Staggs, recorded in Book 2137 of Official Records, Page 286; thence along the Northerly line of said 2.653 acre tract of land North 840 26' West 85.54 feet to a 3/4 inch pipe that is distant 390.00 feet measured at right angles Easterly from the Easterly line of the Rancho Rinconada De Los Gatos; thence Northerly along a parallel with and distant 390.00 feet measured at right angles Easterly from said Easterly line of said Rancho North 120 11'West 423.01 feet to a 3/4 inch pipe; thence leaving said parallel line and running in a direct line to a point which bears North 840 33' 30"West 187.19 feet from the point of beginning; thence South 840 33' 30"West 187.19 feet from the point of beginning; thence South 840 33' 30" East and parallel to the Southerly line of said 1.816 acre tract 187.19 feet to the point of beginning, and being a portion of Section 3,Township 8 South Range i West, M.D.B. &M. Excepting therefrom the Northerly 33 feet of Parcel One and Parcel Two as conveyed to the City of Campbell,A Municipal Corporation, by instrument recorded November 9, 1959 In Book 4600 of Official Records, Page 239. PARCEL IWO: Commencing at a one inch iron bar found at the Southwesterly corner of that certain 1.816 acre tract of land conveyed by Ira A. Beal to Ethel Mc Bride by Deed dated February 19, 1946 and recorded February 20, 1946 in Book 1320 of Official Records, Page 561; thence South 260 27'West 32.14 feet; thence along a line parallel with and distant 30 feet at right angles from the Southerly line and the Easterly prolongation of the Southerly line of said 1.816 acre tract of land, South 840 33' 30" East 387.19 feet to a 3/4 inch pipe set at the Northeasterly comer of that certain 2.915 acre tract of land conveyed by Robert C. herschbach, et ux, to Rex 0. Cobb, et ux, by Deed dated April 18, 1952 and recorded May 20, 1952 in Book 2422 of Official Records, at Page 461, In the center line of a 60 foot right of way,said Northeasterly comer being the true point of beginning of this description; thence from said true point of beginning,and along the center line of said 60 foot right of way South 840 33' 30" East 11.94 feet to a 3/4 inch iron pipe; thence continuing along the center line of said 60 foot right of way along a curve to the left, having a radius of 460 feet, and tangent to the preceding course,for an arc distance of 101.38 feet, more or less,to the Northwesterly corner of that certain 1/2 acre tract of land conveyed by Max M. Kenney,et ux, to Howard L.Ash,et ux,by Deed recorded June 15, 1954 in Book 2895 of Official Records, at Page 498; thence leaving said center line of the said 60 foot right of way, and running along the Westerly line of the said 1/2 acre parcel of land so conveyed to Ash, and the Southerly prolongation thereof, South 000 20'West 609.00 feet, more or less, to a point in the Southerly boundary line of that certain 3.00 acre parcel of land conveyed by Robert C. Herschbach,et ux, to Max M. Kenney, et ux, by Deed dated May 24, 1954 and recorded June 15, 1954 in Book 2895 of Official Records, at page 492; thence along said Southerly line, North 840 26'West 109.00 feet, more or less,to the Southwesterly corner of said 3.00 acre parcel of land, North 00 20' East 584.23 feet, more or less, to the true point of beginning, and being a portion of said 3.00 acre parcel of land, situated in Section 3,Township 8 South,Range 1 West, M.D.B. &M. 19087000 Page 4 . , 1 Y RI �✓ Excepting therefrom the Northerly 33 feet of Parcel One and Parcel Two as conveyed to the City of Campbell, A Municipal Corporation, by instrument recorded November 9, 1959 in Book 4600 of Official Records, Page 239. RECORDING REQUESTED BY First American Title Insurance Company National Commercial Services AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Industrial Properties, LLC Space Above This Line for Recorder's Use Only A.P.N.: 424-01-017 and 424-01-078 and File No.: NCS-366443-SC (LT) 424-01-097 and 424-01-098 and 424-01- 099 and 424-01-100 and 424-01-117 and 424-01-118 GRANT DEED The Undersigned Grantor(s)Declare(s): DOCUMENTARY TRANSFER TAX$-0-;CITY TRANSFER TAX$-0-; SURVEY MONUMENT FEE$ Signature of Declarant computed on the consideration or full value of property conveyed,OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [x] City of Campbell,and x Exempt from transfer tax; Reason: Pursuant to Lot Line Adjustment Declarant's signature(must be signed if no transfer tax is being paid) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Industrial Properties, LLC,a Colorado limited liability company hereby GRANT(s) to Industrial Properties, LLC, a Colorado limited liability company the following described property in the. City of Campbell, County of Santa Clara, State of California: SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF Dated: 12/10/2008 Industrial Properties, LLC, a Colorado limited liability company Print name/Title: Print name/Title: Mail Tax Statements To: SAME AS ABOVE i A.P.N.: 424-01-017 and 424-(�.-J78 and Grant Deed - continued - File No.: NCS-366443- 424-01-097 and 424-01-098 and 424- SC (LT) 01-099 and 424-01-100 and 424-01-117 and 424-01-118 Date: 12/10/2008 STATE OF )SS COUNTY OF ) On , before me, , Notary Public, 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 within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notaria/seal Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: Page 2 of 2 SIERRA WEST LAND SURVEYING, INC . 1359 Sand Hill Ct. Oakdale,Ca.95361 Legal Description for Lot Lane Adjustment Lands of Industrial Properties,LLC All that real property situate in the City of Campbell, County of Santa Clara,State of California, being all of Parcel One and all of Parcel Two as said parcels are described in that certain grant deed from Bank of the West, et al,to Industrial Properties,LLC, a Colorado Limited Liability Company, dated August 31,2006,recorded as Document Number 19087000, Santa Clara County records and being more particularly described as follows: BEGINNING at the most northwesterly corner of Parcel One as said Parcel is described in said deed, said point being a point on the centerline of an existing 66' wide right of way known as Sunnyoaks Avenue;thence South 03'21'40" East,a distance of 33.39 feet to the southerly line of said right of way and the TRUE POINT OF BEGINNING of this description;thence along said right of way, South 84'33' 30"East, a distance of 196.37 feet to the beginning of a tangent curve to the left;thence continuing along said right of way and along said curve having a radius of 493.00 feet,through a central angle of 12'07' 18",for an arc length of 104.30 feet to the easterly line of said Parcel Two as said line is described in said deed, said point being South 000 20' 00"West,a distance of 33.27 feet form the northeasterly corner of said Parcel Two as said corner is described in said deed;thence along said easterly line of said Parcel Two, South 00'20' 00"West,a distance of 562.33 feet,more or less,to the southeasterly comer of said Parcel Two, as said corner is described in said deed; thence along the southerly line of said Parcel Two,North 84'26' 00"West,a distance of 199.35 feet more or less to the southwesterly corner of said Parcel One as said corner is described in said deed;thence along the westerly line of said Parcel One, North 12' I P 00"West,a distance of 423.01 feet;thence continuing along said westerly line, North 03'21' 40"West, a distance of 1.47.26 feet to the TRUE POINT OF BEGINNING and containing an area of 142,427 square feet(3.26967 acres)more or less. The bearing, South 840 33'30"East,of the centerline of the existing 60'wide right of way, being Sunnyoaks Avenue,as said right of way is described in that certain grant deed,recorded on August 31,2006, as Document Number 19087000, Santa Clara county records, was used as the basis of all bearings shown herein. This description was prepared by me or under my direction. LAND cJ BRADLEY A. BILB0 O EXP.O?/3t/1;1 X Bradley A.Bilbo PLS L.S. 6141 Date UPS OP CAS-��O¢ Page 1 of I NORTHEASTERLY CORNER OF = I PARCEL T P013 I _33.39'1'40" E _ �- OS 0-20-00" W, 33.27' S 84'33'30" E 196.37' z TPOB I . I APN I R=493.00 N 424-01-063 I L=104.30' LV I rn 4=12-07'18" o T LANDS OF LANDS OF o z i INDUSTRIAL I INDUSTRIAL N PROPERTIES, PROPERTIES, LLC I LLC PARCEL ONE I PARCEL TWO 79,580 SQ. FT. 11 62,847 SQ. FT. PORTION OF I PORTION OF APN APN I APN 424-01-074 424-01-77,78, j 424-01-77,78, 1 97-99,117 I 97-99,117 z DOC. NO. ALL OF APN 1 j 19087000 1424-01-100,118 DOC. NO. 4, o >� 19087000 N o > AREA TABLE 0 APN I z 424-01-148 PARCEL ONE _ ` wm i 79,580 SQ. FT. 01 PARCEL TWO = w I 62,847 SQ. FT. I � zl 4, �I RESULTANT PARCEL o ~off ONE _ APN JI - 142,427 SQ. FT. 424-01-147 j o �1 I o I o I o U) I I I i N 84 26'0 W 199.35' 424 0PN 1 138 APN 424-01-156 BRADlEY A.BILBq EXP.03/31/10 MS GE BEARINGS: THE BEARING, SOUTH 84'33'30" EAST, OF THE CENTERLINE OF � L.S.6141 � THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS CA USED \�o� USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. EXHIBIT " PLAT TO ACCOMAPNY LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 � SIERRA Y Ej R R 1� WEST IL DRAWN BY: BB AIYIm S><TI�dIB�CIIF1G, INC CHECKED BY: JM 1359 SAND HILL CT. OAKDALE. CA. 95361 PROJECT N0. 08-1309 (209) 845-2773 FAX (209) 845-9042 RECORDING REQUESTED BY First American Title Insurance Company National Commercial Services AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Industrial Properties, LLC Space Above This Line for Recorder's Use Only A.P.N.: 424-01-017 and 424-01-078 and File No.: NCS-366443-SC (LT) 424-01-097 and 424-01-098 and 424-01- 099 and 424-01-100 and 424-01-117 and 424-01-118 GRANT DEED The Undersigned Grantor(s)Declare(s): DOCUMENTARY TRANSFER TAX$-0-;CITY TRANSFER TAX$-0-; SURVEY MONUMENT FEE$ Signature of Declarant computed on the consideration or full value of property conveyed,OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [x] City of Campbell,and x Exempt from transfer tax; Reason: Pursuant to Lot Line Adjustment Declarant's signature(must be signed if no transfer tax is being paid) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Industrial Properties, LLC,a Colorado limited liability company hereby GRANT(s) to Industrial Properties, LLC, a Colorado limited liability company the following described property in the. City of Campbell, County of Santa Clara, State of California: SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF Dated: 12/10/2008 Industrial Properties, LLC, a Colorado limited liability company Print name/Title: Print name/Title: Mail Tax Statements To: SAME AS ABOVE A.P.N.: 424-01-017 and 424-6-� J78 and Grant Deed - continued File No.: NCS-366443- 424-01-097 and 424-01-098 and 424- SC (LT) 01-099 and 424-01-100 and 424-01-117 and 424-01-118 Date: 12/10/2008 STATE OF )SS COUNTY OF ) On , before me, , Notary Public, 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 within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for official notarial seal Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: Page 2 of 2 SIERRA WEST LAND SURVEYING, INC . 1359 Sand Hill Ct. Oakdale,Ca.95361 Legal Description for Lot Line Adjustment Lands of Industrial Properties,LLC All that real properly situate in the City of Campbell,County of Santa Clara, State of California, being all of Parcel One and all of Parcel Two as said parcels are described in that certain grant deed from Bank of the West,et al,to Industrial Properties,LLC,a Colorado Limited Liability Company,dated August 31,2006,recorded as Document Number 19087000, Santa Clara County records and being more particularly described as follows: BEGINNING at the most northwesterly corner of Parcel One as said Parcel is described in said deed,said point being a point on the centerline of an existing 66' wide right of way known as Sunnyoaks Avenue;thence South 03'21'40" East, a distance of 33.39 feet to the southerly line of said right of way and the TRUE POINT OF BEGINNING of this description;thence along said right of way, South 84'33' 30"East, a distance of 196.37 feet to the beginning of a tangent curve to the left;thence continuing along said right of way and along said curve having a radius of 493.00 feet,through a central angle of 12'07' 18",for an arc length of 104.30 feet to the . easterly line of said Parcel Two as said line is described in said deed, said point being South 00' 20' 00"West,a distance of 33.27 feet form the northeasterly corner of said Parcel Two as said corner is described in said deed;thence along said easterly line of said Parcel Two, South 000 20' 00"West, a distance of 562.33 feet,more or less,to the southeasterly corner of said Parcel Two, as said corner is described in said deed; thence along the southerly line of said Parcel Two,North 84'26' 00"West,a distance of 199.35 feet more or less to the southwesterly corner of said Parcel One as said corner is described in said deed;thence along the westerly line of said Parcel One, North 12' 1 P 00"West,a distance of 423.01 feet;thence continuing along said westerly line, North 03'2P 40"West, a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing an area of 142,427 square feet(3.26967 acres)more or less. The bearing, South 840 33'30"East, of the centerline of the existing 60'wide right of way, being Sunnyoaks Avenue, as said right of way is described in that certain grant deed,recorded on August 31,2006, as Document Number 19087000, Santa Clara county records, was used as the basis of all bearings shown herein. This description was prepared by me or under my direction. VA N D SCi,AG BRADLEY A. 6ILB0 O �--� -' EXP.03/31/1, Bradley A. Bilbo PLS L.S.6141 Date LP Q' a OF CAS-�F�¢ Page 1 of 1 NORTHEASTERLY CORNER OF —- PARCEL T, 33.39'1'40" E �- _ —�S 00'20'00" W 33.27' S 84'33'30" E 196.37' I z TPOB I I APN I R=493.00 N �T 424-01-063 1 L=104.30' a=12.07"8" o z LANDS OF LANDS OF o PROPERTIES, 1 PROPERTIIES, N LLC LLC PARCEL ONE I PARCEL TWO 79,580 SQ. FT. 1 62,847 SQ. FT. PORTION OF I PORTION OF APN APN I APN 424-01-074 424-01-77,78, j 424-01-77,78, 1 97-99,117 97-99,117 Z DOC. NO. I ALL OF APN 19087000 1424-01-100,118 I DOC. NO. -p Q o w1 19087000 N oI I a AREA TABLE APN �1 o z z 424-01-148 �� M ! PARCEL ONE _ 1 79,580 SQ. FT. wm PARCEL TWO = z 62,847 SQ. FT. I RESULTANT PARCEL 0 0~1 ONE _ APN 0 142,427 SQ. FT. i 424-01-147 I o I ;V I O I O 1 � � 1 I 1 N 842601 ' W 199.35' 1 424 APN 138 424 APN -01-156 BRRDLEYA.BILBO EkP.03/31/10 70 PASTS OF BEARINGS: THE BEARING, SOUTH 84'33'30" EAST, OF THE CENTERLINE OF L•S.6141 THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, 4 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS �d�C�l.`FO USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. EXHIBIT "A" PLAT TO ACCOMIAPNY LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 �` S Y E R T] lf, WEST DRAWN BY: BB LA14IM 3U2V3YRlgGy IIR1r. CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT N0. 08-1309 (209) 845-2773 FAX (209) 845-9042 0i CA h•ram i tiYt;... 6� � LA- CITY OF CAMPBELL Community Development Department December 02, 2008 Courtney Maxwell MAX Wellness, LLC P.O. Box 111958 Campbell, CA 95011 Stephen Finn Industrial Properties Co., LLC 12000 Finn Lane Los Altos gulls, CA 94022 Re: Conditional Use Permit File No: PLN2008-133 186 E. Sunnyoaks Avenue Dear Gentlemen, This letter is a reminder that pursuant to Condition of Approval No. 1 of the Conditional Use Permit (PLN2008-133) approved by the City of Campbell Planning Commission on October 14, 2008, a copy of the approved Conditions of Approval shall be signed by the applicant and the property owner within 30 days of the Planning Commission's approval. Please return the attached Conditions of Approval, signed, at your earliest possible convenience. Additionally, please note that approval of this Conditional Use Permit is subject to application and recordation of a lot-line adjustment to merge the two lots composing the project site (Condition of Approval No. 11). An application for a lot-line adjustment must be submitted to the Public Works Department by January 14, 2008. If this Condition of Approval is not satisfied, the Conditional Use Permit shall become void pursuant to Condition of Approval No. 4. 70 North First Street • Campbell, California 95008-1423 TEL 408.866.2140 . FAx 408.871.5140 • Tor)408.866.2790 t 186 E. Sunnyoaks Avenu Page 2 If you will be unable to meet this deadline, or should have any questions regarding these requirements, please contact me at (408) 866-2193 or by email at danielf@ciiyofcaml2bell.com. ofcampbell.com. Si cere , 4an'i)elFama Assistant Planner encl: Conditions of Approval for File No.PLN2008-133 cc: Jackie C.Young,Acting Community Development Director Tim Haley,Senior Planner -� ��Arang� ,ssociate..Eng`er, Michael Johnson,Colliers International,450 W.Santa Clara Street,San Jose,CA 95113 Norman Nason,Saratoga Management Company,4125 Blackford Ave.,Ste.250,San Jose,CA 95117 CONDITIONS OF APPROVAL FOR FILE NO. PLN2008-133 PLANNING DEPARTMENT CITY OF CAMPBELL SITE ADDRESS: 186 E. Sunnyoaks Avenue 70 K FIRST ST. APPLICANT: Courtney Maxwell (MAX Wellness, Inc.) P.C. MEETING: October 14, 2008 CAMPBELL, CA 950M The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of the effective date of Planning Commission approval, the applicant and the property owner shall sign a set of the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-133) for a personal training and consultation facility (health/fitness center) located at 186 E. Sunnyoaks Avenue. The project shall substantially conform to the project plans and operational description stamped as received by the Planning Division on September 4, 2008, except as may be modified by the conditions of approval contained herein. 3. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period, the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 4. Limited Term Permit: The Conditional Use Permit approved herein shall initially be valid for a period of six (6) months with an automatic extension for a total of five (5) years from the effective date of the resolution adopted by the Planning Commission if all conditions of approval are met to the satisfaction of the Community Development Director. Five years following this approval, this Conditional Use Permit shall become void and the use abandoned unless an Extension is applied for and granted by the Planning Commission. The applicant is advised to apply for an Extension of Approval at least 90 days prior to the expiration date of this Conditional Use Permit. 5. Transferability: Prior to sign off of a business license pursuant to this Conditional Use Permit to a different owner(s) of the subject business (MAX Wellness, Inc.) or to a different like business on the subject property, said new owner(s) shall be required to a sign the approved set of Conditions of Approval contained herein. 6. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 7. Continuance of Conditions: Unless otherwise specified, an Extension of Approval to the Conditional Use Permit approved herein shall not void or supersede the approved set of Conditions of Approval. 8. Business and Operational Hours: Business hours shall be restricted from 5:00 AM to 9:00 PM Monday through Sunday. Hours of operation shall be restricted to 4:00 AM to 10:00 PM Monday through Sunday. 9. Maximum Number of Trainers: The approved business herein shall not employee, utilize, contract, or otherwise procedure the services of more than six personal trainers, not including the owner. If trainers are employed as independent contractors, they shall obtain separate business licenses in accordance with Title 5 of the Campbell Municipal Code. 10. Client Limitations: Personal trainers shall not simultaneously service more than two clients, with the exception of group training sessions as allowed and described herein. A group training session shall include no more than six participants. Only two group training session may be held per day, not to be held simultaneously, and irrespective of the number of participants in the session. Group training sessions shall make exclusive use of the establishment, during which time no other training or counseling activities may occur. 11. Lot Merger: The property owner of the subject properties shall seek to cause a lot-line adjustment for the purpose of merging the two parcels composing the project site as defined by description in the Preliminary Title Report prepared by First American Title Insurance Company for Colliers Parrish International, Inc. on August 21, 2008, on file in the Planning Division office of the City of Campbell Community Development Department, within 90 days of Planning Commission approval of the Conditional Use Permit approved herein. Failure to seek a lot-line adjustment within this period shall be considered a violation of the Conditional Use Permit, which shall be subject to revocation by the Community Development Director. Within 90 days of submission of an application for a lot-line adjustment to the City of Campbell Public Works Department, the property owner shall secure approval of said lot-line adjustment. Failure to secure approval of the lot-line adjustment within this-period shall be considered violation of the Conditional Use Permit, which shall be subject to revocation by the Community Development Director, unless the City Engineer indicates that the delay of approval is of no fault of the property owner. The approved lot-line adjustment shall be finalized by execution of a grant deed within 90 days of Public Works Department approval. Failure to execute a grant deed within this period shall be considered a violation of the Conditional Use Permit, which shall be subject to revocation by the Community Development Director. Written documentation of the execution a grant deed, to the satisfaction of the Community Development Director, shall be provided. t 12. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 13. Si na e: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 14. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 15. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 16.Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Rear Door: The front and rear doors to the business shall not remain in an open position during business hours. 17. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 6:00 a.m. and 11:00 p.m. daily. 18. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking &Loading) of the Campbell Municipal Code. A total of 505 parking spaces will be provided. Building Division 19. Permits Required: A building permit application shall be required for the proposed new tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 20. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 23. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. It is unclear where the true property lines are in relation to this proposed project. Applicant shall clarify the true property lines of the space in question. 24. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 25. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.0 Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet(size 24"X 36") is available at the Building Division service counter. 27. Title 24 Accessibility- Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 28. Title 24 Accessibility- Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 29. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department 30. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes, and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P. G. & E. concerning utility easements, distribution pole locations and required conductor clearances. v r , Acknowledged&Accepted: Courtney Maxwell,Applicant Date pLA'��I�II� DEPARTMENT CITY OF CAMPBELL 70 N. FIRST ST. Stephen Finn, Property Owner Date CAMPBELL, CA 95008 KC�,CI v �v ARROLL FEB 0 9 2009 Tel:408-261-9800 NGINEERING INC PUBLIC WORKS Fax: ineeri1-0595 .com ,gpfVllNlg'fRATION carroll-engineering.com ■ info@carroll-engineering.com Eng;neers and surveyors 1101 So.Winchester Blvd.,Suite H-184,San Jose,CA 95128-3903 February 9,2009 Mr. Ed Arango Public Works Department City of Campbell 70 No. First Street Campbell, CA 95008 RE: Sunnyoaks&Eileen—Lot Line Adjustment Re-Submittal Dear Ed, As requested in your transmittal of January 26, 2009, enclosed you will find 2 wet signed sets of the revised Lot Line Adjustment documents for the Sunnyoaks&Eileen project. Redline mark-ups are enclosed as well. If you have any questions or need further information,please do not hesitate to contact our office. Very truly yours, CARROLL ENGINEERING, INC. ryce E. Carroll President BEC/lm Enclosures cc: Gary Wimp, Saratoga Management Co. SIERRA WEST LAND SURVEYING, INC . 1359 Sand Hill Ct. Oakdale,Ca.95361 Legal Description for Lot Line Adjustment Lands of Industrial Properties,LLC All that real property situate in the City of Campbell,County of Santa Clara, State of California, being all of Parcel One and all of Parcel Two as said parcels are described in that certain grant deed from Bank of the West,et al,to Industrial Properties,LLC,a Colorado Limited Liability Company, dated August 31,2006,recorded as Document Number 19087000, Santa Clara County records and being more particularly described as follows: BEGINNING at the most northwesterly comer of Parcel One as said Parcel is described in said deed,said point being a point on the centerline of an existing 60'wide right of way known as Sunnyoaks.Avenue;thence South 03'21'40"East,a distance of 33.39 feet to the southerly line of said right of way and the TRUE POINT OF BEGINNING of this description;thence along said right of way, South 84°33' 30"East,a distance of 196.37 feet to the beginning of a tangent curve to the left;thence continuing along said right of way and along said curve having a radius of 493.00 feet,through a central angle of 129 07' 18",for an arc length of 104.30 feet to the easterly line of said Parcel Two as said line is described in said deed,said point being South 00' 20' 00"West,a distance of 33.27 feet form the northeasterly comer of said Parcel Two as said comer is described in said deed;thence along said easterly line of said Parcel Two, South 00'20' 00"West,a distance of 562.33 feet,more or less,to the southeasterly comer of said Parcel Two, as said comer is described in said deed;thence along the southerly line of said Parcel Two,North 84'26' 00"West,a distance of 199.35 feet more or less to the southwesterly comer of said Parcel One as said corner is described in said deed;thence along the westerly line of said Parcel One, North 12' 11' 00"West;a distance of 423.01 feet;thence continuing along said westerly line, North 03'21' 40"West,a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing an area of 142,427 square feet(3.26967 acres)more or less. The bearing, South 840 33'30"East,of the centerline of the existing 60'wide right of way,being Sunnyoaks Avenue,as said right of way is described in that certain grant deed,recorded on August 31,2006,as Document Number 19087000, Santa Clara county records,was used as the basis of all bearings shown herein. This description was prepared by me or under my direction. LAND SCi p yk * e L O5 O Bradley A.Bilbo PLS 6141 u o Date Exp.: 03/31/10 9� ��es oa13°�OQc'`� Op CAL\F Page 1 of 1 NOTE-A 30' WIDE EASEMENT FOR PIPELINE AND NORTHEASTERLY INGRESS/EGRESS PER BOOK 2422 O.R.461' WITHIN f S SUNNYOAKS RIGHT OF WAY. NO LONGER AFFECTS CORNER OF / =-N Y PROPER PARCEL TWO , - Ay / POB Lam--S 03'21'40" EOS OS O'20'00" _ 3.39'_ 33.00' 33.27 S 8433.30" E 196.37' Z TPOB ; R=493.00 424 APN 063 i L=104.30' I > rn o 12.07"8" 1 �_ I Iz LANDS OF I LANDS OF I rev INDUSTRIAL INDUSTRIAL PROPERTIES, PROPERTIES, LLC I LLC PARCEL ONE : PARCEL TWO 79,580 SQ. FT. 162,847 SQ. FT. PORTION OF PORTION OF i APN APN I APN 424-01-074 424-01-77,78,1 424-01-77,78,97-99,117 97-99,117 I CENTERLINE Z DOC. NO. I ALL OF APN N 19087000 424-01-100,118I PROPERTY LINE DOC. NO. _ 71 _ Q o NOTE AN EASEMENT w: 19087000 I LOT LINE TO BE O FOR OPEN DITCH AND > PIPELINE PER BOOK O I I � REMOVED m APN 1322 O.R. 285 MAY -' I I Z --_ 424-01-148 AFFECT THIS it ih DIMENSION LINE PROPERTY BUT ITS LOCATION CANNOT BE m. c� 1 DETERMINED FROM �I THE RECORD DATA O I 5' WIDE PG&E EASEMENT AREA TABLE LLI' PER BOOK P Z I 4714 O.R. 22 PARCEL ONE _ 0 0: 3I 79,580 SQ. FT. APN J I oI PARCEL TWO = 424-01-147 I PI 62,847 SQ. FT. 1 0 oI RESULTANT PARCEL m L I NI ONE = 142,427 SQ. FT. N 8426'0 W 199.35' 1 APN APN 424-01-138 424 1AND 3� -p1_156 �1 � ��EY A. BASIS OF BEARINGS: THE BEARING, SOUTH 84'33'30" EAST, OF THE CENTERLINE OF -' THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT yk L.S.6141 OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, (P 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS 9T leg 0313��s0��Q- USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. FOP CA�`�pQ' EXHIBIT 'A" � PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 02/03/09 1 CITY COMMENTS WEST 717 SIERRA �v E S 1T DRAWN BY: BB d \ LANII) SlUIR®IL+YENG, IIRTC- CHECKED BY: JM 1359 SAND HILL CT. OAKDALE. CA. 95361 PROJECT N0. 08-1309 (209) 845-2773 FAX (209) 845-9042 SIERRA WEST LAND SURVEYING, INC. 1359 Sand Hill Ct. Oakdale,Ca.95361 Legal Description for Lot Lane Adjustment Lands of Industrial Properties,LLC All that real property situate in the City of Campbell,County of Santa Clara, State of California, being all of Parcel One and all of Parcel Two as said parcels are described in that certain grant deed from Bank of the West,et al,to Industrial Properties,LLC,a Colorado Limited Liability Company,dated August 31,2006,recorded as Document Number 19087000, Santa Clara County records and being more particularly described as follows: BEGINNING at the most northwesterly comer of Parcel One as said Parcel is described in said deed, said point being a point on the centerline of an existing 60' wide right of way known as Sunnyoaks Avenue;thence South 03'21'40"East,a distance of 33.39 feet to the southerly line of said right of way and the TRUE POINT OF BEGINNING of this description;thence along said right of way, South 84'33' 30"East,a distance of 196.37 feet to the beginning of a tangent curve to the left;thence continuing along said right of way and along said curve having a radius of 493.00 feet,through a central angle of 12'07' 18",for an arc length of 104.30 feet to the easterly line of said Parcel Two as said line is described in said deed,said point being South 000 20' 00"West,a distance of 33.27 feet form the northeasterly corner of said Parcel Two as said corner is described in said deed;thence along said easterly line of said Parcel Two, South 00'20' 00"West,a distance of 562.33 feet,more or less,to the southeasterly comer of said Parcel Two, as said comer is described in said deed;thence along the southerly line of said Parcel Two,North 840 26' 00"West,a distance of 199.35 feet more or less to the southwesterly comer of said Parcel One as said corner is described in said deed;thence along the westerly line of said Parcel One, North 12' 11' 00"West,a distance of 423.01 feet;thence continuing along said westerly line, North 03'21'40"West,a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing an area of 142,427 square feet(3.26967 acres)more or less. The bearing, South 840 33'30"East,of the centerline of the existing 60'wide right of way,being Sunnyoaks Avenue,as said right of way is described in that certain grant deed,recorded on August 31,2006,as Document Number 19087000, Santa Clara county records,was used as the basis of all bearings shown herein. This description was prepared by me or under my direction. AND 3& 0 * Ls.etas lJ2 Z. 0 Bradley A.Bilbo PLS 6141 N o Date Exp.: 03/31/10 9A��ea 03131\� OF C AL\FCQ` Page 1 of 1 NOTE:A 30' WIDE EASEMENT FOR PIPELINE AND NORTHEASTERLY INGRESS/EGRESS PER BOOK 2422 O.R.461: WITHIN S SUNNYOAKS RIGHT OF WAY. NO LONGER AFFECTS CORNER OF / PROPER (PARCEL TWO Y OA IC POB S 0321'40" E _ OS 0*20'00" _33.39 _ _ _ 33.0tl, 31_27.3� S 84'33'30" .E 936.37' — — ——TPOBR=493.00O 424A01N063 � ni L=104.30' Ioa=12'07'18 o-u 1 LANDS OF I LANDS OF I N INDUSTRIAL INDUSTRIAL 1 PROPERTIES, PROPERTIES, LLC I LLC PARCEL ONE : PARCEL TWO 79,580 SQ. FT. 162,847 SQ. FT. PORTION OF ; PORTION OF APN APN I APN I IF�L 1 424-01-074 424-01-77,78, 424-01-77,78, _ 1 97-99,117 97-99,117 I CENTERLINE - — Z DOC. NO. I ALL OF APN 1 j 19087000 424-01-100,111 PROPERTY LINE cl DOC. NO. v O NOTE:AN EASEMENT w: 19087000 I LOT LINE TO BE O FOR OPEN DITCH AND > PIPEUNE PER BOOK 0I I -a REMOVED m APN 1322 O.R. 285 MAY :2 I z ——- 424-01-148 AFFECT THIS m i M DIMENSION LINE PROPERTY BUT ITS I "'I LOCATION CANNOT BE m; c� �1 DETERMINED FROM �I THE RECORD DATA O I 5' WIDE PG&E EASEMENT AREA TABLE 1.1' PER BOOK P z I 4714 O.R. 22 PARCEL ONE _ 79,580 SQ. FT.0 APN J I oI PARCEL TWO = 424-01-147 I �I 62,847 SQ. FT. t oI RESULTANT PARCEL m I oI ONE = 142,427 SQ. FT. 4 N 8426-0 W 199.35' 1 APN APN �QXf.ND8URG 424-01-138 424-01-156 U�=r��Y q,e� OHO 1 m A BASIS OF BEARINGS: THE BEARING, SOUTH 8433'30" EAST, OF THE CENTERLINE OF "� L,S,6141 THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, N� c�+p 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS y7 ��eS CSI% USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. F CA�-�F EXHIBIT 'A' PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 02/03/09 1 CITY COMMENTSSIERRA WEST 1 DRAWN BY: 1<TIB BB LAND 8TR YIIBIG, nNC- CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 r. of CA4 Edward Arango,P.E. A Associate Civil Engineer Also& r City of Campbell 0 0 70 North First Street 6 � Campbell, CA 95008 a,oR H A,Ro C Phone: (408) 866-2166 Fax: (408)376-0958 E-Mail: eda@cityofcampbell.com Transmittal D( s To: Bryce Carroll Date: January 26, 2009 . Company: Carroll Engineering, Inc. Address: 1101 S. Winchester Blvd., Suite H-184 San Jose, CA 95128 Re: 180-486 Sunnyoaks Avenue-Lot Line Adjustment ❑ Urgent ® For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. City comments 2. Redlined lot line adjustment documents • Comments: Bryce, please revise and resubmit the lot line adjustment documents per the comments. Please submit 2 wet signed sets of revised documents and the redlined plans with your resubmittal. Please contact me if you have any questions or comments. Thank you., J:\LandDev\Forms\Transmittals\Transmittal.DOC L` 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: 180-186 E. Sunnyoaks Ave. PROJECT DESCRIPTION: LLA, Review#1 DATE: January 7, 2009 BY: Sindhi Mekala & Fred Allen P.E. (650-522-2500) NOTE The submittal is not approved. Please make the changes and re-submit. COMMENTS ,,I-'In the Legal Description, Sunnyoaks Ave. is described to be as 66ft wide and 60ft wide. Please use the correct width of the street. Per Doc No. 19087000 the street width is 60ft. ,/2'In "Exhibit A" Plat— show the easements that are mentioned in the Title Report. If there are no easements thenremove them from the Title Report. ,,,3' In "Exhibit A" Plat— include they legend to show all the line types. In "Exhibit A" Plat— use different line type to show lot line & the street width dimension line. ,5'—In "Exhibit A" Plat— correct the spellings as shown on the redlined set. \,: In "Exhibit A" Plat— include the centerline symbol. 1 of 1 Tj F U NN Y Y POB,.---S 03'2140" E - — 33.2 t' S 84;3 3'36" E TPOB .37 o __ '-493.00 2 063 i L-104.30' -0A '07'1 " z LANDS OF j LAN�°1 o INDUSTRIAL j INDflSTRIA - N PROPERTIES,- •I PROPERTI ' PA�Z� � %15a0 S F"f. 2. Q. PORTION OF. APN N+ l�Pr N h f I �PN 424-01=074 401-7 78. 1._ . I -77, 8, r 1�9.7, 9'1 7 9,117 ALL, A 1908-7 1424-01--100 y ' 1 I AREA TABLE DOC. N0. * I 19d-87 r ! PARCEL ONE _ 79,580 SQ. FT. APN . 424-01-1 I PARCEL TWO = 62,847 SQ. FT. I RESULTANT PARCEL ONE _ 142,427 SQ. FT. APN d "-424-01-147 i o' ' o 84*26 x APN o-1 BASIS OE BEARINGS: THE BEARING, SOUTH 84'33'30" EAST, OF THE CENTERLINE OF THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT BRADLEYA.BILBO O OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, J EXP.03/31/10 '0 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS L.S.6141 USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. Q- EXHIBIT "A" 0 C SITE PLAN FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 r E R R A WEST DRAWN BY: BB CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 SIERRA WEST LAND SURVEYING, INC. 1359 Sand Hill Ct Oakdale,Ca.95361 Legal Description for Lot Line Adjustment Lands of Industrial Properties,LLC All that real property situate in the City of Campbell,County of Santa Clara, State of California, being all of Parcel One and all of Parcel Two as said parcels are described in that certain grant deed from Bank of the West,et al,to Industrial Properties,LLC,a Colorado Limited Liability Company,dated August 31,2006,recorded as Document Number 19087000, Santa Clara County records and being more particularly described as follows: ti 60 . BEGINNING at the most northwesterly corner of Parcel One as aid P el is described in said deed,said point being a point on the centerline of an existin 66' de 'ght of way known as Sunnyoaks Avenue;thence South 03'21'40"East,a distance o 9 feet to the southerly line of said right of way and the TRUE POINT OF BEGINNING of this description;thence along said right of way, South 84'33' 30"East,a distance of 196.37 feet to the beginning of a tangent curve to the left;thence continuing along said right of way and along said curve having a radius of 493.00 feet,through a central angle of 12'07' 18",for an arc length of 104.30 feet to the easterly line of said Parcel Two as said line is described in said deed,said point being South 00' 20' 00"West,a distance of 33.27 feet form the northeasterly corner of said Parcel Two as said corner is described in said deed;thence along said easterly line of said Parcel Two, South 00120' 00"West,a distance of 562.33 feet,more or less,to the southeasterly corner of said Parcel Two, as said comer is described in said deed;thence along the southerly line of said Parcel Two,North 84'26' 00"West,a distance of 199.35 feet more or less to the southwesterly corner of said Parcel One as said corner is described in said deed;thence along the westerly line of said Parcel One, North 121 1 P 00"West,a distance of 423.01 feet;thence continuing along said westerly line, North 03'2P 40"West,a distance of 147.26 feet to the TRUE POINT OF BEGINNING and containing an area of 142,427 square feet(3.26967 acres)more or less. The bearing,South 840 33'30"East,of the centerline of the existin 60'wide 'ght of way,being Sunnyoaks Avenue,as said right of way is described in that certain gr eed,recorded on August 31,2006,as Document Number 19087000, Santa Clara county records,was used as the basis of all bearings shown herein. This description was prepared by me or under my direction. LANDvlee SGG v BRADLEY A. BILBO o Bradley A.Bilbo PLS 6141 * EXP. 03/31/10 x Date Exp.:0313 1/10 N L.S. 6141 FOF CALF J Page 1 of 1 �G NORTHEASTERLY CORNER OF S U N N Y S A PARCEL T ,/ POB 03'21'40" E - - - 00'20'00" 33.39 33.27 1 84*33'30" E 6.37' TPOB z 1 o r R=493.00 N N CA 424-01 J 063 I L=104.30' D 1 c z 1 LANDS .OF LANDS OF N INDUSTRIAL 1 INDUSTRIAL PROPERTIES, i PROPERTIES, LLC I LLC PARCEL ONE I PARCEL TWO 79,580 SQ. FT. 6ZS47 SQ. FT. PORTION OF 1 PORTION OF APN APN I APN 424-01-074 424-01-77,78, j 424-01-77,78, 1 97-99,117 I 97-99,117 Z DOC. NO. j ALL OF APN N 19087000 1424-01-100,118 DOC. NO. Q oo �i 19087000 t > AREA TABLE m APN i z 424-01-148 o PARCEL ONE _ 79,580 SQ. FT. mt w PARCEL TWO = wl 62,847 SQ. FT. w 7j RESULTANT PARCEL b I.-I 3 ONE 1 APN OJi o 142,427 SQ. FT. 424-01-147 I �I o@ o 1 1 I 1 W 199.35' AP t 424 01N 1 �� LAND SCi 38 424-01 V 156 g ,A I BRADLEY A. BILBO O BASIS OF BEARINGS: THE BEARING, SOUTH 84-33-30" EAST, OF THE CENTERLINE OF EXP. 03/31/10 x THE EXISTING 60' WIDE RIGHT OF WAY, BEING SUNNYOAKS AVENUE, AS SAID RIGHT L.S. 6141 N OF WAY IS DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED ON AUGUST 31, Q- 2006, AS DOCUMENT NUMBER 19087000, SANTA CLARA COUNTY RECORDS, WAS 9 �� USED AS THE BASIS OF ALL BEARINGS SHOWN ON THIS MAP. EXHIBIT "A' PLAT T O LEGAL DESCRIPTION FOR LOT LINE ADJUSTMENT LANDS OF INDUSTRIAL PROPERTIES, LLC SCALE: 1"=100' NO. REVISIONS DATE: 11/25/08 S I E R R A W E S T DRAWN BY: BB f LANE) 3UIl; VZYllq% ]INC- CHECKED BY: JM 1359 SAND HILL CT. OAKDALE, CA. 95361 PROJECT NO. 08-1309 (209) 845-2773 FAX (209) 845-9042 We f Pe- 4tl r Lands of Industrial Properties, LLC Nov. 25, 2008 -------------------------------------------------------- Parcel name: Resultant Parcel 1 North: 5212.8819 East : 9947.7267 Line Course: S 84-33-30 E Length: 196.37 North: 5194.2588 East : 10143.2217 Curve Length: 104.30 Radius: 493.00 Delta: 12-07-18 Tangent: 52.35 Chord: 104.11 Course: N 89-22-51 E Course In: N 05-26-30 E Course Out: S 06-40-48 E RP North: 5685.0369 East : 10189.9740 End North: 5195.3838 East : 10247.3218 Line Course: S 00-20-00 W Length: 562.33 North: 4633.0633 East : 10244.0503 Line Course: N 84-26-00 W Length: 199.35 North: 4652.4020 East : 10045.6305 Line Course: N 12-11-00 W Length: 423.01 North: 5065.8847 East : 9956.3582 Line Course: N 03-21-40 W Length: 147.26 North: 5212.8913 East : 9947.7245 Perimeter: 1632.63 Area: 142,427 SQ. FT. 3.26967 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0097 Course: N 12-59-37 W Error North: 0.00942 East -0.00217 Precision 1: 168,313.40 0 LAND v BRADLEY A. BILBO O J EXP.03/31/10 * L.S.6141 Q F