Santa Clara Valley Water District - Grant Deed with Restrictive CovenantRecording Requested by:
Old Re ubl' itle Co,
f00 3 3�
RECORD WITHOUT FEE UNDER SECTION 6103
GOVERNMENT CODE OF THE STATE OF CALIFOF
DOCUMENT: 21493538
Pages: 6
Fees.... No Fees
Taxes...
Copies..
AMT PAID
REGINA ALCOMENDRAS RDE # 010
AFTER RECORDING RETURN TO: SANTA CLARA COUNTY RECORDER 1/11/2012
Recorded at the request of 8 :00 AM
ATTENTION: CITY CLERK Old Republic Title Company
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CALIFORNIA 95030
//)/ 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 841 -18 -053 (ptn)
DOCUMENT NO.: 5031-4.01,50.01
GRANT DEED WITH RESTRICTIVE COVENANT RUNNING WITH
LAND AND RESERVATION OF EASEMENT RIGHTS
SANTA CLARA VALLEY WATER DISTRICT (Grantor), a Special District, created by
the California State Legislature, does hereby grant to the City of Gilroy (Grantee), a
municipal corporation, all that real property in the City of Gilroy, County of Santa Clara,
State of California, more particularly described in "Exhibit A ", attached hereto and made
a part hereof, and shown on Exhibit "B" ( "Property ").
RESERVING, unto Grantor, an easement within the Property for the purposes of
ingress and egress and for water management and storm drainage purposes in, upon,
over, under, and across the Property. The easement reserved herein includes the right
to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and
appurtenant structures, together with the right to trim or remove vegetation or other
improvements within the easement area as may constitute a hazard to persons or
property or may interfere with the use of the Property for said easement purposes
reserved. It also includes the right to enter upon the Property with vehicles, tools,
implements, and other materials, take therefrom and use, earth, rock, sand, and gravel
for the construction, maintenance, and repair of said channel, protection works, and
appurtenant structures by Grantor, its officers, agents, employees, and by persons
under contract with it and their employees whenever and wherever necessary for the
purposes reserved. Neither this reservation nor anything contained in this Grant Deed
shall be construed as an assumption or acceptance by the Grantor of any responsibility
for Grantee's construction, reconstruction, repair, operation, or maintenance for any
roadway, bridge, structure, or other improvement located on the Property, except as
provided in the next sentence. Notwithstanding the foregoing, Grantor's use of the
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Property shall be conducted in a manner that does not damage Grantee's
improvements located on the Property or compromise the structural support of such
improvements, and Grantor shall promptly repair any damage caused to Grantee's
improvements by the exercise of Grantor's rights hereunder. Grantor shall not be
required to repair any damages unrelated to either its use of the Property or the actions
of its employees or agents on the Property.
This conveyance to Grantee is made subject to the following restrictive covenant that
runs with the land and shall be binding upon the Grantee, its successors and assigns:
Grantee (including its successors and assigns) will not grade, construct, install, or
remove any above - ground or underground improvements, including vegetation, located
on the Property without the written permission of Grantor's authorized representative.
Dated this `� day of N - , 20
SANTA CLARA VALLEY WATER DISTRICT
By:
Be d' /Chief Executive Officer
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
FC 1353 (2- 28 -08)
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On t V O IJQ- r'rt before me
Date
L-11liA
Here Insert
Notary Public personally appeared �D t dlt
{ Name(s) of Signer(s)
.� Commissir,• ,t a.t75:12 r
Notary r, c autornia z
MICHELE L. KING
Commission • 1916542
Notary Public - Caftrnia
Sanra Mara CoWlty
r,, -- --:�sAua29.2C
DOCUMENT NO.: 5031 -4.01 &
50.01
and Title of Officer
who proved to me on the basis of satisfactory evidence to be
the person() whose names) is /ace subscribed to the within
instrument and acknowledged to me that he /may
executed the same in his /ha4t4air authorized capacitykiss),
and that by his /14efAt teir signature(s) on the instrument the
person($), 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.
LWWWWCommission # 1946542
Notary Pubilc - California WITNESS my hand and official seal.
-04 Santa Clara County
M Comm. Ex Tres Aua 29, 2015 + �`
Signature
Place Notary Sea! Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
\ and could prevent fraudulent removal and reattachment of this form to another document.
Descriptioh�,Qf Attached Document
Title or Type of Docu
Document Date:
Signer(s) Other Than Named Above:
Claimed
Signer's Name:
❑ Individual
❑ Corporate officer- Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
El FTOP
Other:
Signer Is Representing:
OACalifornia All Purpose Acknowledgment_FC 1353.docx
Number of Pages:
Signer's Name:
Lj "-,Individual
❑ orate off icer - Title(s):
❑ Part - ❑ Limited El General
❑ Attorney - Fact
❑ Trustee SIGNER RIGHT
❑ Guardian or Co rvator a .
El Top of thumb here
Signer Is Representing:
Job No. 01 -06
S.C.V.W.D. Property
Exhibit "A"
All that certain real property situate in the City of Gilroy, County of Santa Clara,
State of California, described as follows:
Being a portion of the lands of Santa Clara Valley Water District described in
deed recorded in Book 9231 of Official Records at Page 455, and in that certain Final
Order of Condemnation filed in the Superior Court, County of Santa Clara entitled "Santa
Clara Valley Water District, Plaintiff, vs Joe R. Smolen, et -al, Defendants ", Case No.
568873, recorded February 14, 1991 in Book L618 Page 0184 Official Records, in the
Office of the Recorder, County of Santa Clara, State of California, further described as
follows;
Commencing at a monument in well as shown on the map of Tract No. 9401 as
recorded in Book 751 of Maps at Page 10 thru 15, Santa Clara County Records said
monument lying on the centerline of Camino Arroyo and bearing South 31 ° 32'48" East
along said centerline 374.78 feet from the southerly line of said lands; Thence along said
centerline North 31 °32'48" West, 374.78 feet to the southerly line of the said lands;
Thence North 85'30'18" East along said southerly line 61.76 feet to the "True Point of
Beginning "; Thence leaving said southerly line North 31 °32'48" West, 224.58 feet to the
northerly line of said lands; Thence along said northerly line South 85'30'18" West,
123.51 feet; Thence leaving said northerly line South 31 °32'48" East, 224.58 feet to said
southerly line; Thence along said southerly line North 85 °30' 18" East, 123.51 feet to the
"True Point of Beginning ".
Containing 0.567 acres more or less.
The basis of bearings for this description is identical with the
Bearings shown on Tract No. 9401 as recorded in Book 751
of Maps at Page 10 thru 15, Santa Clara County Records.
E ,1450 _<3ilroy\400 \460_Ro[W_E.ngr \Plats and Uga2s_SEPOKExhibit A,d-
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PMDOKKEN
E N Ci 1 N E E R I N G
2365 IRON POINT ROAD, SUITE 200
FOLSOM. CA 95630 TEL (916)858 -0642
BC846460v2 -
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MONUMENT IN WELL
PER TRACT NO. 9401
SCALE: 1" =200'
GRAPHIC SACLE
0 200
C�
SCALE IN FEET
PLAT OF DESCRIPTION
CITY OF GILROY. CA.
CAMINO ARROYO BRIDGE
S,C.V.W.D. CHANNEL FEE TAKE
JOB NO, 1450
DATE: 7 -7 -11
DM PARCEL —A
DRAW BY: K. DANO
SCALE: i' a 200'
CHECKED: T. RETCH,
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
SANTA CLARA VALLEY WATER DISTRICT
This is to certify that the interest in real property conveyed by the grant deed with restrictive
covenant running with land and reservation of easement rights, dated November 15, 2011 from Santa
Clara Valley Water District, to the City of Gilroy, a municipal corporation of the State of California,
is hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to
authority conferred by Resolution No. 2008 -56 of the City of Gilroy adopted December 15, 2008, a
certified copy of which resolution is on record in the office of the County Recorder of the County of
Santa Clara, State of California, document #20093294, dated January 9, 2009 and the grantee
consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on the day of November, 2011
By:
Thomas J. Hagli%d, City Administrator
City of Gilroy
OLD REPUBLIC
T I T L E C O M P A N Y
To: The City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
224 Airport Parkway, Suite 170
San Jose, CA 95110
408) 296 -4500 Fax: (408) 244 -2925
Date : July 10, 2014
Order No. : 0621005031 -3W
In accordance with instructions contained in the above Order, we are enclosing the documents indicated
below. Recorded documents will be mailed to you by the County Recorder after processing.
We are pleased to have had the opportunity to handle this transaction for you, and would appreciate .
your requesting the services of Old Republic Title Company on all your future title and escrow needs.
Enclosures:
Policy of Title Insurance
Yours Truly,
Old Republic Title Company
Enclosures
Standard Coverage Policy
CLTA Standard Coverage -1990
Policy Number A04016 -F1YA- 218982
* SUBJECTTO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, A Minnesota corporation, herein called the Company, insures, as of Date of
Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the
insured by reason of:
1. Title to the estate or interest described in Schedule A'being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the
order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or
the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and
clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of
the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
Issued through the office of,.
Old Republic Title Company
224 Airport Parkway, Suite 170
San Jose, CA 95110
�a
Authorized Signature
CLTA Standard Coverage Policy 1990
ORNT 1102
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, Minnesota 55401
A. Sirrmy
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 or zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or
hereafter erected on the land; (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 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 claim, which arises out of the transaction vesting
in the insured the estate or interest insured by this policy or the
transaction creating the interest of the insured lender, by reason
of the operation of federal bankruptcy, state insolvency or
similar creditors' rights laws.
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and,
subject to any rights or defenses the Company would have had
against the named insured, those who succeed to the interest of
the named insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors. The term "insured" also
includes (i) the owner of the indebtedness secured by the insured
mortgage and each successor in ownership of the indebtedness
except a successor who is an obligor under the provisions of
Section 12(c) of these Conditions and Stipulations (reserving,
however, all rights and defenses as to any successor that the
Company would have had against any predecessor insured, unless
the successor acquired the indebtedness as a purchaser for value
without knowledge of the asserted defect, lien, encumbrance,
adverse claim or other matter insured against by this policy as
affecting title to the estate or interest in the land); (ii) any
governmental agency or governmental instrumentality which is an
insurer or guarantor under an insurance contract or guaranty
insuring or guaranteeing the indebtedness secured by the insured
mortgage, or any part thereof, whether named as an insured
herein or not; (iii) the parties designated in Section 2(a) of these
Conditions and Stipulations.
(b) "insured claimant ": an insured claiming loss or
damage.
(c) "insured lender ": the owner of an insured mortgage.
(d) "insured mortgage a mortgage shown in Schedule
B, the owner of which is named as an insured in Schedule A.
(e) "knowledge" or "known ": actual knowledge, not
constructive knowledge or notice which may be imputed to an
insured by reason of the public records as defined in this policy or
any other records which impart constructive notice of matters
affecting the land.
(f) "land ": the land described or referred to in Schedule
[A][C], and improvements affixed thereto which by law constitute
real property. The term "land" does not include any property
beyond the lines of the area described or referred to in Schedule
[A][C], nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to
which a right of access to and from the land is insured by this
policy.
(g) "mortgage ": mortgage, deed of trust, trust deed; or
other security instrument.
(h) "public records ": records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to
purchasers for value and without knowledge.
(i) "unmarketability of the title ": an alleged or apparent
matter affecting the title to the land, not excluded or excepted
from coverage, which would entitle a purchaser of the estate or
interest described in Schedule A or the insured mortgage to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. Continuation of Insurance.
(a) After Acquisition of Title by Insured Lender. If this
policy insures the owner of the indebtedness secured by the
insured mortgage, the coverage of this policy shall continue in
force as of Date of Policy in favor of (i) such insured lender who
acquires all or any part of the estate or interest in the land by
foreclosure, trustee's sale, conveyance in lieu of foreclosure, or
other legal manner which discharges the lien of the insured
mortgage; (ii) a transferee of the estate or interest so acquired
from an insured corporation, provided the transferee is the
parent or wholly -owned subsidiary of the insured corporation,
and their corporate successors by operation of law and not by
purchase, subject to any rights or defenses the Company may
have against any predecessor insureds; and (iii) any
governmental agency or governmental instrumentality which
acquires all or any part of the estate or interest pursuant to a
contract of insurance or guaranty insuring or guaranteeing the
indebtedness secured by the insured mortgage.
(b) After Conveyance of Title by an Insured. The
coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured
by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall
not continue in force in favor of any purchaser from an insured
of either (i) an estate or interest in the land, or (ii) an
indebtedness secured by a purchase money mortgage given to
an insured.
(c) Amount of Insurance. The amount of insurance after
the acquisition or after the conveyance by an insured lender
shall in neither event exceed the least of:
(i) The amount of insurance stated in Schedule A;
(ii) The amount of principal of the indebtedness secured
by the insured mortgage as of Date of Policy, interest thereon,
expenses of foreclosure, amounts advanced pursuant to the
insured mortgage to assure compliance with laws or to protect
the lien of the insured mortgage prior to the time of acquisition
of the estate or interest in the land and secured thereby and
reasonable amounts expended to prevent deterioration of
improvements, but reduced by the amounts of all payments
made; or
(iii) The amount paid by any governmental agency or
governmental instrumentality, if the agency or the
instrumentality is the insured claimant, in the acquisition of the
estate or interest in satisfaction of its insurance contract or
guaranty.
3. Notice of Claim To Be Given By Insured Claimant.
An insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of
title or interest which is adverse to the title to the estate or
interest or the lien of the insured mortgage, as insured, and
which might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if title to the estate or
interest or the lien of the insured mortgage, as insured, is
rejected as unmarketable. If prompt notice shall not be given to
the Company, then as to that insured all liability of the Company
shall terminate with regard to the matter or matters for which
prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of any
insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured
Claimant to Cooperate.
(a) Upon written request by an insured and subject to
the options contained in Section 6 of these Conditions and
Stipulations; the Company, at its own cost and without
unreasonable delay, shall provide for the defense of such
insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as those
ORNT 1103
stated causes of action alleging a defect, lien or encumbrance or
other matter insured against by this policy. The Company shall .
have the right to select counsel of its choice (subject to the right
of such insured to object for reasonable cause) to represent the
insured as to those stated causes of action and shall not be liable
for and will not pay the fees of any other counsel. The Company
will not pay any fees, costs or expenses incurred by an insured in
the defense of those causes of action which allege matters not
insured against by this policy.
(b) The Company shall have the right, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act which in its opinion may be necessary or desirable to
establish the title to the. estate or interest or the lien of the
insured mortgage, as insured, or to prevent or reduce loss or
damage to an insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable hereunder, and shall not thereby concede liability or waive
any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action
or interposed a defense as required or permitted bythe
provisions of this policy, the Company may pursue any litigation
to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, an insured shall secure to the Company the right to
so prosecute or provide defense in the action or proceeding, and
all appeals therein, and permit the Company to use, at its option,
the name of such insured for this purpose. Whenever requested
by the Company, an insured, at the Company's expense, shall
givethe Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting
or defending the action or proceeding, or effecting settlement,
and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish the title to
the estate or interest of the lien of the insured mortgage, as
insured. If the Company is prejudiced by the failure of an insured
to furnish the required cooperation, the Company's obligations to
such insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
5. Proof of Loss or Damage.
in addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the
Company, a proof of loss or damage signed and sworn to by each
insured claimant shall be furnished to the Company within 90
days after the insured claimant shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy which constitutes the basis of loss
or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of an insured claimant to provide the
required proof of loss or damage, the Company's obligations to
such insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, an insured claimant may reasonably be
required to submit to examination under oath by any authorized
representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain to
the loss or damage. Further, if requested by any authorized
representative of the Company, the insured claimant shall grant
its permission, in writing, for any authorized representative of
the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody
or control of the third party, which reasonably pertain to the loss
or damage. All information designated as confidential by an
insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration
of the claim. Failure of an insured claimant to submit for
examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in the above
paragraph, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as
to that insured for that claim.
6. Options to Pay or Otherwise Settle Claims:
Termination of Liability
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance or to Purchase the Indebtedness.
(i) to pay or tender payment of the amount of insurance
under this policy together with any costs, attorneys' fees and
expenses incurred by the insured claimant, which were
authorized by the Company, up to the time of payment or tender
of payment and which the Company is obligated to pay; or
(ii) in case loss or damage is claimed under this policy
by the owner of the indebtedness secured by the insured
mortgage, to purchase the indebtedness secured by the insured
mortgage for the amount owing thereon together with any costs,
attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of
purchase and which the Company is obligated to pay.
If the Company offers to purchase the indebtedness as
herein provided, the owner of the indebtedness shall transfer,
assign, and convey the indebtedness and the insured mortgage,
together with any collateral security, to the Company upon
payment therefor.
Upon the exercise by the Company of the option provided
for in paragraph a(i), all liability and obligations to the insured
under this policy, other than to make the payment required in
that paragraph, shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, and
the policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided
for in paragraph a(ii) the Company's obligation to an insured
Lender under this policy for the claimed loss or damage, other
than the payment required to be made, shall terminate,
including any liability or obligation to defend, prosecute or
continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than
the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under
this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with
any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to the time
of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs b(i) or b(ii), the Company's obligations
to the insured under this policy for the claimed loss or damage,
other than the payments required to be made, shall terminate,
including any liability or obligation to defend, prosecute or
continue any litigation.
7. Determination and Extent of Liability.
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the insured claimant who has
suffered loss or damage by reason of matters insured against by
this policy and only to the extent herein described.
(a) The liability of the Company under this policy to an
insured lender shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if
applicable, the amount of insurance as defined in Section 2 (c) of
these Conditions and Stipulations;
(ii) the amount of the unpaid principal indebtedness
secured by the insured mortgage as limited or provided under
Section 8 of these Conditions and Stipulations or as reduced
under Section 9 of these Conditions and Stipulations, at the time
the loss or damage insured against by this policy occurs, together
with interest thereon; or
(iii) the difference between the value of the insured
estate or interest as insured and the value of the insured estate
or interest subject to the defect, lien or encumbrance insured
against by this policy.
(b) In the event the insured lender has acquired the
estate or interest in the manner described in Section 2(a) of
these Conditions and Stipulations or has conveyed the title, then
the liability of the Company shall continue as set forth in Section
7(a) of these. Conditions and Stipulations.
(c) The liability of the Company under this policy to an
insured owner of the estate or interest in the land described in
Schedule A shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured
estate or interest as insured and the value of the insured estate
or interest subject to the defect, lien or encumbrance insured
against by this policy.
(d) The Company will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of these
Conditions and Stipulations.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the land, or cures the claim of
unmarketability of title, or otherwise establishes the lien of the
insured mortgage, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or
Schedule A
Premium: $ 550.00 File No: 0621005031 -JW Policy No: A04016 -FTYA- 218982
Date of Policy: June 30th, 2014 at 8:19:00 AM Amount of.Insurance: $ 100,000.00
1. Name of Insured: The City of Gilroy
2. The estate or interest in the land which is covered by this policy is:
* ( Fee
•**
3. Title to the estate or interest in the land is vested in:
The City of Gilroy, a municipal corporation
Schedule B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
PART I
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
Continued
CLTA Standard Coverage 1990
FTGIS 1301A This policy valid only if Schedule B — Part II is attached
Policy No A04016 -FTYA- 218982
Schedule B (Continued)
Part II
THE FOLLOWING ITEMS AFFECT ALL TRACTS:
1. Taxes and assessments, general and special, for the fiscal year 2014 - 2015, a lien, but not
yet due or payable.
2. The herein described property has not been issued a Tax Bill for the current tax year due to
the fact that the owner of said land is an exempt entity.
3. Any right, title, claims, or other interest, and such rights as may be incidental thereto,
whether or not shown by the public records to the waters of Carnadero Creek.
4. Any easement for water course over that portion of said land lying within the banks of
Carnadero Creek and any changes in the boundary lines of said land that have occurred or
may hereafter occur from natural causes.
5. Any encroachment, encumbrance, violation, variation, question of location, boundary and /or
area, 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.
The requirement that satisfactory evidence be furnished to this Company of compliance with
applicable statutes, ordinances and charters governing the ownership and disposition of the
herein described land.
THE FOLLOWING ITEMS AFFECT TRACT ONE:
7. Rights of the public, County and /or City, in and to that portion of said land lying within the
lines of Uvas Park Drive.
8. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To Santa Clara Valley Water District
For Water management and /or storm water drainage
Recorded July 1, 1992 in Official Records under Recorder's Serial Number
11431472
Affects A portion
Page 2 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 13016 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
THE FOLLOWING ITEMS AFFECT TRACT TWO:
9. Rights of the public, County and /or City, in and to that portion of said land lying within the
lines of Miller Avenue.
10. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To City of Gilroy
For Levee, bulkhead and other flood control structures
Recorded October 11, 1938 in Book 894 of Official Records, Page 556
Affects A portion
11. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Easement Deed (Corporation)
Granted To Santa Clara Valley Water District, a public corporation
For Water management and /or storm water drainage purposes
Recorded July 1, 1992 in Book M264 of Official Records, Page 1721 under
Recorder's Serial Number 11431472
Affects A portion
THE FOLLOWING ITEMS AFFECT TRACT THREE:
12. Rights of the public, County and /or City, in and to that portion of said land lying within the
lines of Uvas Park Drive.
13. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Easement Deed (Corporation)
Granted To Santa Clara Valley Water District, a public corporation
For Water management and /or storm water drainage purposes
Recorded July 1, 1992 in Book M264 of Official Records, Page 1721 under
Recorder's Serial Number 11431472
Affects A portion
THE FOLLOWING ITEMS AFFECT TRACT FOUR:
14. Rights of the public, County and /or City, in and to that portion of said land lying within the
lines of Santa Teresa Expressway and Miller Avenue.
Page 3 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 13018 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
15. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To
Coast Counties Gas & Electric Company, a corporation
For
Poles and wires
Recorded
May 18, 1937 in Book 821 of Official Records, Page 339
Affects
Exact location is not disclosed
16. Agreement for
Reclaimed Water
Executed By
Filice Family Estate, a California limited partnership
and Between
Santa Clara Valley Water District
On the terms, covenants and conditions contained therein,
Dated August 15, 1977
Recorded December 9, 1977 in Book D368 of Official Records, Page 556 under
Recorder's Serial Number 5884715
17. Agreement for Reclaimed Water
Executed By Filice Estate Vineyards, a California general partnership
and Between Santa Clara Valley Water District
On the terms, covenants and conditions contained therein,
Dated August 15, 1977
Recorded December 9, 1977 in Book D368 of Official Records, Page 564 under
Recorder's Serial Number 5884716
18. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Easement Deed (Corporation)
Granted To Santa Clara Valley Water District, a public corporation
For Water management and /or storm water drainage purposes
Recorded July 1, 1992 in Book M264 of Official Records, Page 1721 under
Recorder's Serial Number 11431472
Affects : A portion
THE FOLLOWING ITEMS AFFECT TRACT FIVE:
19. Rights of the public, County and /or City, in and to that portion of said land lying within the
lines of Tenth Street.
Page 4 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 13018 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
20. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Granted To Coast County Gas and Electrict Company, a corporation
For installation and maintenance of electric energy telephone and
telegraph wires
Recorded May 18, 1937 in Book 821 of Official Records, Page 339
Affects The location is not disclosed of record
21. Any lack of access, or a right of access, or a right to access to and from the land (any access
coverage contained in this policy and /or endorsements thereto is NOT being provided,
notwithstanding any statement therein to the contrary).
THE FOLLOWING ITEMS AFFECT TRACT SIX:
22. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument
Easement
Granted To
Coast Counties Gas & Electric Company, a California Corporation
For
A single line of poles and wires
Recorded
November 9, 1926 in Book 193 of Official Records, Page 330
Affects
The exact location and extent of said easement is not disclosed of
record
Page 5 of 1LPages
CLTA Standard Coverage 1990
FTGIS 13018 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
23. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument
Easement
Granted To
City of Gilroy
For
the right of way to construct, erect, maintain, operate, repair and
renew a levee, bulkhead and other similar work necessary and proper
to protect said levee and adjoining lands from flood waters, together
with the right of ingress and egress, to, over, along and from same
for a distance of ten (10) feet on each side of said levee for purposes
of repairing, inspection and construction, together with the right and
continued right to take and use material from the lands on the creek
side of said levee
Recorded
October 11, 1938 in Book 892 of Official Records, Page 496
Affects
All that portion of premises herein described lying within the
following described lands:
Beginning at a 3/4 inch iron pipe set in the levee on the Northeasterly
bank of the Carnadero Creek, said iron pipe being also in the center
line of a sixty foot road known as Miller Avenue, said iron pipe.being
also on the Westerly boundary line of that certain parcel of land
owned by Bertha A. Stelling and John Henry Stelling and recorded in
the Office of the County Recorder of the County of Santa Clara, State
of California, in Volume 729 of Official Records, at Page 512, and
running thence along the center line of said Miller Avenue N. 320 25'
30" E, a distance of twenty-three (23) feet; thence leaving said
center line of Miller Avenue and running along the following courses
and distances over the lands of said Bertha A. Stelling and John
Henry Stelling; S. 440 49' E. a distance of four hundred and sixteen
and 47/100 (416.47) feet; N. 471 11' 30" E, a distance of sixteen (16)
feet; S. 420 48' 30" E. a distance of three hundred and eighty-six and
25/100 (386.25) feet; S. 180 30' E.. a distance of four hundred and
seventy and 65/100 (470.65) feet; S. 710 30' W. a distance of sixteen
(16) Fee; S. 180 30' E., a distance of four hundred and fifty (450)
feet; S. 710 30' W. a distance of thirty (30) feet; N. 180 30' W, a
distance of nine hundred and ten and 74/100 (910.74) feet; N 421
48' 30" W. a distance of two hundred and seventy -six and 30/100
(276.34) feet; N. 5011 32' 30" W. a distance of four hundred and
ninety -five and 16/100 (495.16) feet to a point on the Westerly line
of said lands of Bertha A. Stelling and John Henry Stelling; thence N.
260 58' E. along said Westerly boundary line a distance of sixty-three
(63) feet to the point of beginning, being a portion of Ranch Lot
Sixteen (16) as shown on Map No. 7 accompanying the final report of
the referees in the partition suit of Henry Miller, et al, vs. Massey
Thomas, et al, in the Superior Court of the County of Santa Clara,
State of California.
Page; Lof 15 Pages
CLTA Standard Coverage 1990
FFGIS 13018 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
24. Agreement for Cost, Maintenance, Use and Location of Levee
Executed By Bertha A. Stelling and John Henry Stelling
and Between The City of Gilroy, a municipal corporation
On the terms, covenants and conditions contained therein,
Recorded October 11, 1938 in Book 892 of Official Records, Page 496
Page 7 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 1301B OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
25. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Easement
Granted To Santa Clara Valley Water District
For Water management and /or storm water drainage purposes
Recorded July 1, 1992 in Book M264 of Official Records, Page 1721
Affects That portion of premises herein described lying within the following
described lands
All that certain property situated in the City of Gilroy, County of Santa
Clara, State of California, described as follows:
Being a portion of the lands shown as Parcels 1, 2, 3, 4 and 5 on that
Record of Survey filed in Book 512 of Maps at Pages 3 and 4, in the
Office of the Recorder. County of Santa Clara, State of California, and
more particularly described as follows:
Beginning at the most Northwesterly corner of said lands in the
centerline of Miller Avenue (60.00 feet wide) as shown upon said
Map; thence along the general nc.rthe ... sterly line of said lands the
following nine courses: S 570 38' 16" E 30.00 feet, N 320 21' 44" E
16.68 feet, S 440 49' 28" E 25.07 feet, S 380 12' 50" E 43.52 feet,
along a tangent curve to the left, having a radius of 600.12 feet,
through a central angle of 100 24' 58 ", for an arc distance of 109.10
feet, S 480 37' 48" E 309.64 feet, along a tangent curve to the right,
having a radius of 600.05 feet, through a central angle of 070 00'
20" for an arc distance of 73.37 feet, S 410 37' 28" E 78.05 feet and
along a tangent curve to the right, having a radius of 600.10 feet,
through a central angle of 260 16' 22 ", for an arc distance of 275.17
feet to a point of reverse curvature; thence continuing along said line
along a curve to the left, having a radius of 700.13 feet, through a
central angle of 260 19' 02 ", for an arc distance of 321.58 feet;
thence leaving said line S 190 57' 07" E 236.22 feet; thence along a
tangent curve to the left, having a radius of 570.00 feet, through a
central angle of 270 54' 00 ", for an arc distance of 277.56 feet;
thence S 470 51' 07" E 389.91 feet; thence along a tangent curve to
the left, having a radius of 370.00 feet, through a central angle of
120 20' 02 ", of an arc distance of 76.65 feet; thence S 590 14' 36" E
241.88 feet to the Southeasterly line of said lands; thence along said
line S 000 01' ?51" E 161.16 feet to the most Southerly corner of said
lands; thence along the general Southwesterly line of said lands the
following nine course: N 570 01'51" W 333.30 feet, N 570 16' 51" W
740.48 feet, N 570 16' S1" W 126.76 feet, N 040 46' S1" W 298.09
feet, N 040 46' 51" 169.05 feet, N 710 25' 14" E 123.15 feet, N 180
34'46" W 300.00 feet, N 420 53' 16" W 276.34 feet and N 500 37'
16" W 495.63 feet to the aforesaid centerline of Miller Avenue;
thence along said line N 290 17' 18" E 62.88 feet to the point of
beginning.
Affects: The herein described land and other land
Page 8 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 1301B OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FrYA- 218982
26. Conditions contained and /or referred to in an instrument,
Entitled Flowage Easement Policy
Recorded July 1, 1992 in Official Records under Recorder's Serial Number
11431472
Which Among Other
Things Provides Conditions
Page 9 of 15 Pages
CLTA Standard Coverage 1990
FrGIS 1301B OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016-FTYA- 218982
Schedule C
The land referred to in this Policy is situated in the unincorporated area of the County of Santa Clara, state of
California, and is described as follows:
TRACT ONE:
Being a portion of Lot 6, as shown on the Map of the "S. P. Fine Subdivision," recorded in Book F -2 of Maps, at
Page 46, records of Santa Clara County, California, and more particularly described as follows:
Beginning at an automobile axle set in the line common to Lots 5 and 6 as shown on said Map, distant thereon
North 140 39' East, 319.54 feet from the Southerly corner common to Lots 5 and 6; and running thence along
said common line, North 140 39' East, 91.24 feet; thence along a curve to the right from a tangent bearing of
South 640 54'54" East, having a radius of 1050.00 feet and a central angle of 120 29'05", a distance of 228.79
feet; thence South 520 26' 50" East, 120.20 feet to a point in the Southeasterly line of Lot 6; thence along said
Lot line, South 150 40' 15" West, 80.00 feet to a truck axle and South 150 40' 15" West, 295.77 feet to the
Southeasterly corner of Lot 6; thence along the Southwesterly line thereon, North 610 52' 50" West, 331.85
fest to the Southerly corner common to Lots 5 and 6; thence along the line common to Lots 5 and 6, North
140 39' East, 319.54 feet to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Gilroy, by Deed dated July 28, 1964, and
recorded October 22, 1964, in Book 6711 of Official Records, Page 446, Santa Clara County Records.
PARCEL TWO
Beginning at the Southwesterly corner of Lot 5, at the common line dividing Lots 4 and 5, as said Lots are so
designated on that certain Map entitled "Map of the S. P. Fine Subdivision," which Map was filed for record in
Book F -2 of Maps, Page 46, records of Santa Clara County, State of California; thence from said point of
beginning, along said common line for said Lots 4 and 5, North 40 30' East, 413.94 feet; thence, leaving said
last mentioned line, along a curve to the right from a tangent which bears South 730 32' 30" East, having a
radius of 1050.00 feet, through a central angle of 80 37' 35 ", an arc length of 158.09 feet to a point in the
common line dividing Lots 5 and 6 of the hereinabove referred Map; thence along said common dividing line
for Lots 5 and 6, South 140 39'410.78 feet to the Southeasterly corner of Lot 5; thence along said Southerly
line of said last mentioned Lot, North 610 52'50" West, 86.45 feet, more or less, to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Gilroy, by Deed dated July 28, 1964, and
recorded October 22, 1964, in Book 6711 of Official Records, Page 446, Santa Clara County Records.
TRACT TWO:
Portion of Ranch Lot No. 16 of Las Animas Ranch, as shown upon that certain Map entitled, "Map No. 7,
Accompanying the Final Report of the Referees in the Partition Suit of Henry Miller, et al, vs. Massey Thomas,
et al, in the Superior Court of the State of California, County of Santa Clara, Case No. 5536, and more
particularly described as follows:
Page 10 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 1301C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
Beginning at a 1" pipe in the center line of Miller Avenue, at the Southeastern corner of that certain 157.788
acre tract of land described in the Deed from B. Samuels to San Martin Vineyards Co., a corporation, recorded
May 26, 1943, in Book 1145 of Official Records, Page 58, Santa Clara County Records, which point is also
distant along said center line of Miller Avenue, South 00 52' West, 309.12 feet from a 3 /4" pipe at the
intersection of the center lines of Fourth Street and Miller Avenue; thence along the center line of Miller
Avenue, South 10 00' West, 599.84 feet to the true point of beginning; thence continuing along said Miller
Avenue, South 10 00' West, 1363.12 feet, more or less, to the center line of a 60 foot road; thence along the
center line of a 60 foot road, South 880 00' West, 6.735 chains; thence South 671 45' West, 1.788 chains;
thence South 530 00' West, 2.375 chains; thence South 320 40' West, 3.928 chains; thence South 290 05'
West, 6.623 chains to the center line of Carnadero Creek, as surveyed by A. T. Herrmann; thence leaving road
along Carnadero Creek center line, North 480 45' West, 5.817 chains; thence North 550 15' West, 5.66 chains;
thence North 400 15' West, 7.75 chains; thence North 470 30' West, 5.84 chains; thence North 610 30' West,
10.30 chains; thence. North 850 45' West, 9.17 chains; thence North 400 30' West, 8.30 chains; thence North
610 55' West, 1.39 chains to the intersection of the Carnadero Creek traverse with the West boundary line of
Las Animas Ranch Lot 16; thence North 150 45' East, along the West boundary of Las Animas Ranch Lot 16,
545.89 feet to the most Southwesterly corner of that certain parcel of land conveyed to Fenton O'Connell, et
ux, by Deed recorded June 11, 1965, in Book 6991 of Official Records, Page 214, Santa Clara County Records;
thence along the Southerly line of said Fenton O'Connell Parcel, South 890 05' East, 1002.18 feet to a buried
1/2" pipe; thence continuing between the cherries and the prunes, South 00 55' West, 287.75 feet to a buried
1/2" pipe; thence South 890 08' East, 2739.28 feet to the center line of Miller Avenue and the point of
beginning.
EXCEPTING THEREFROM all of Tract No. 4581 as shown on the Map thereof, recorded September 24, 1968, in
Book 242 of Maps, at Page 49.
ALSO EXCEPTING THEREFROM a strip of land 30.00 feet wide and a strip of land 40.00 feet wide, described in
the Deed from G. G. Boruet, et al, to County of Santa Clara, recorded December 29, 1926, in Book 290 of
Official Records, at Page 276, Santa Clara County Records.
ALSO EXCEPTING THEREFROM that portion conveyed to Citation Homes, a general partnership, by Deed dated
July 14, 1977, recorded August 17, 1977, in Book D081 of Official Records, at Page 485, Santa Clara County
Records, and being all of Tract No. 6054, as recorded in Book 402 of Maps, Pages 31, 32 and 33.
1I1WIM:111:1MfgII1I10
TRACT THREE:
PARCEL ONE:
A portion of Lot 3 as shown on that certain Map entitled, "Map of a Subdivision of the Lands of S.P. Fine ",
which Map was filed for record in the Office of the Recorder of Santa Clara County, on December 2, 1909, in
Book F2 of Maps, at Page 46, and more particularly described as follows:
Beginning at the Southeasterly corner of said Lot 3, said corner being in the center of Carnadero Creek and
running thence along the Southerly line of Lot 3, North 620 01' 24" West, 234.17 feet, and North 860 45' 22"
West, 227.04 feet to the Southwesterly corner of said Lot 3; thence along the Westerly line of said Lot 3 North
040 23' 11" West, 455.35 feet to a point of cusp; thence leaving said Westerly line along a curve to the left of
an arc length of 131.53 feet; thence leaving said curve on a tangent South 540 17' 27" East, 345.94 feet;
thence along a tangent curve to the left of radius 645.00 feet through a central angle of 50 16'04" along an
arc length of 59.30 feet to an intersection with the Easterly line of the aforesaid Lot 3 and the Southerly
prolongation of the Westerly line of Tract 5154, "Westwood Acres ", as shown on the Map filed in Book 354 of
Maps, at Pages 13 and 14 of Official Records of Santa Clara County; thence along said Easterly line of Lot 3,
South 040 22'42" West, 245.80 feet to the point of beginning.
Page 11 of_ILPages
CLTA Standard Coverage 1990
FrGIS 1301C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
PARCEL TWO:
Being a portion of Lot 4, as shown on the "Map of a Subdivision of the Land of S. P. Fine, in the Solis Rancho ",
which Map was filed for record in Book F -2 Maps, at Page 46, records of Santa Clara County, California, and
being more particularly described as follows:
Beginning at a point in the line common to Lots 4 and 5, as shown on said Map above referred to; said point
of beginning being along the most Southwesterly corner of Lot 46, as shown on the Map of Tract No. 3500,
"Westwood Acres ", which Map was filed for record in Book 162 of Maps, at Pages 31, 32 and 33, records of
Santa Clara County; thence North 730 32'30" West, 217.67 feet; thence along a tangent curve to the right,
with a radius of 545.00 feet, through a central angle of 190 15'03", for an arc distance of 183.12 feet to a
point in the common line of Lots 3 and 4 and as shown on said Map filed for record in Book F -2 of Maps, at
Page 46; thence along the line common to said Lot 3 and 4, South 40 22'42" West, 359.48 feet, more or less,
to the Southerly common corner of last said Lots; thence along the Southwesterly line of said Lot 4, South 610
55' East, 416.44 feet, more or less, (424.38) to the Southerly common corner of said Lots 4 and 5; thence
along the line common to said Lots 4 and 5, North 40 30' East, 413.94 feet, more or less, to the point of
beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Gilroy, by Deed dated February 27, 1984, and
recorded January 29, 1985, in Book J207 of Official Records, Page 0460, Instrument No. 8311759, Santa Clara
County Records, and being more particularly described as follows:
Beginning at the Southeasterly corner of Tract No. 5154 as shown upon the Map of said Tract filed in Book
354 of Maps, at Pages 13 and 14, Santa Clara County Records; thence Westerly along the Southerly line of
said Tract 5154, North 730 32' 30" West, 217.67 feet; thence along a tangent curve to the right, having a
radius of 545.00 feet, through an angle of 190 15'03", for a distance of 183.12 feet to the Southwesterly
corner of said Tract 5154; thence leaving said Southerly line along the Southerly extension of the Westerly line
of said Tract 5154, South 40 22'42" West, 113.89 feet; thence leaving said Southerly extension of said
Westerly line from a tangent which bears South 590 33'31" East, along a curve to the left, having a radius of
645.00 feet, through an angle of 130 58' 59 ", for a distance of 157.41 feet; thence South 730 32'30" East,
217.65 feet; thence along a tangent curve to the left of radius of 950.00 feet through a central angle of 11 16'
50 ", for a distance of 21.23 feet to a point in the Southerly extension of the most Easterly line of said Tract
No. 5154; thence Northerly along said Southerly extension of said Easterly line North 40 30'00" East, 102.46
feet to the point of beginning.
APN: 808 -01 -011
PARCEL FOUR:
Beginning at the Southeasterly corner of the Solis Rancho on the Northerly line of Las Animas Ranch Lot II,
said point being shown on that certain Survey entitled, "Record of Survey of a Portion of Ranch Lot #II, Las
Animas Rancho Partition suit, Superior Court Case #5536, Map No. 7 ", filed for record February 16, 1970, in
Book 264 of Maps, at Page 28; thence South 860 45' East, 200.07 feet to a point on the Easterly side line of
the Santa Teresa Expressway as shown on the aforementioned Record of Survey said point being the true
point of beginning of this description; thence Southerly and Westerly along the Easterly and Southerly side line
of said Expressway, South 40 48'37" West, 57.52 feet and North 850 11'23" West, 50.00 feet; thence leaving
said Expressway, South 480 07'45" East, 469.80 feet to a point; thence South 600 22' 29" East, 1469.00 feet
to a point; thence South 540 23' 38" East, 1084.59 feet to a point; thence North 750 20' 19" East, 310.28 feet
to a point; thence North 620 48' 18" East, 232.72 feet; thence South 540 47' 13" East, 318.43 feet to a point;
thence South 210 30'36" East, 316.66 feet to a point; thence South 620 00' 54" East, 268.54 feet to a point;
thence South 600 05' East, 701.51 feet, more or less, to a point in the Westerly side line of Miller Avenue (40
feet wide), said point bearing North 600 05' West, 20.00 feet and South 290 17'24" West, 30.17 feet from the
Page 12 of 15 Pages
CLTA Standard Coverage 1990
FTGIS 1301C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Polity No A04016 -FTYA- 218982
former corner of lands of Miller and Lux Incorporated, Fulkner, Stelling and that certain 317.25 acre tract of
land conveyed by Miller and Lux Incorporated, a corporation, to G. G. Bouret, et al, by Deed recorded July 10,
1929, in Book 466 of Official Records, Page 586; thence Northerly along the Westerly side line of Miller
Avenue, North 290 17' 24" East, 30.17 feet to a point in the Southerly line of said 317.25 acre tract of land
conveyed to G. G. Bouret, et al; thence along said last named Southerly line and also being along the
Carnadero Creek traverse, as shown on Map No. 7, accompanying Report of commissioners in Henry Miller, et
al, Plaintiffs, vs. Massey Thomas, et al, Defendants, in the Superior Court of the State of California in and for
the County of Santa Clara, North 480 45' West, 363.43 feet, North 550 15' West, 373.56 feet, North 400 15'
West, 511.50 feet, North 470 30' West, 385.44 feet, North 610 30' West, 679.80 feet, North 850 45' West,
605.22 feet to a 1" x 1" iron bar; North 400 30' West, 547.80 feet; North 610 55' West, 1158.30 feet (at 91.40
feet, 1" pipe at the Southwesterly corner of said 317.25 acre Bouret Tract), North 860 45' West, 421.65 feet,
more or less, to the true point of beginning.
APN: 808 -18 -021
TRACT FIVE:
That certain Parcel designated as "Lands of the County of Santa Clara" on the "Record of Survey" filed for
record on January 24, 1992 in Book 633 of Maps at page 29, Santa Clara County Records.
_' ► :IiI:�II�I�r1
TRACT SIX:
Commencing at a point in the centerline of Miller Avenue, as established by Deed to the County of Santa Clara,
dated December 14, 1926, and recorded December 29, 1926, in Book 290 of Official Records, Page 276, at the
point of intersection thereof with the Southeasterly line of Tract No. 4466 Loma Orchard Unit No. 1, a Map of
which was recorded in the Office of the Recorder of the County of Santa Clara, State of California, on April 5,
1968, in Book 235 of Maps, Page 42; thence from said point of beginning, along said centerline of Miller
Avenue, South 00 46'30" East 796.23 feet; thence South 870 46'30" West 444.50 feet; thence South 670 31'
30" West 67.00 feet to the true point of beginning of this description; thence from said true point of beginning
in a direct line Southeasterly to a point in the Northerly boundary line of Las Animas Ranch Lot 15, distant
along said line West 806.94 feet from the Southeasterly corner of that certain 169.06 acre tract of land
described in the Deed from Miller & Lux, incorporated, a corporation, to F. E. Stelling, dated January 25, 1927,
and recoded in Book 296 of Official Records, Page 249; thence along the Northerly line of said Ranch Lot 15,
West 1000.00 feet, more or less, to a 4" x 4" White post marked M.T.M.4, at the Northwesterly corner of
Ranch Lot 15, from which corner a white oak tree 6 inches in diameter bears South 640 15' East 2.70 chains,
and white oak 42 inches in diameter bears South 90 40' East 2.84 chains, both being marked M.T.M.4B.T.;
thence South 616.44 feet to the common corner for Ranch Lots 16 and 11 in the Westerly line of Ranch Lot 15
and in the center line of Carnadero Creek, and from which corner a 4" x 4" white witness post on North bank
of creek, marked W.P.M.T.M., bears North 0.70 chains, and from which witness post a white oak 8 inches in
diameter, marked W.P.M.T.B.T., bears North 80 30' East 11.50 links; thence along the centerline of said
Carnadero Creek, following its meanderings up stream and along the line between Ranch Lots 16 and 11, with
the following courses and distances; North 570 West 333.30 feet to Station 13 of said Creek Survey, North 570
15' West 867.24 feet to Station 12 of said Creek Survey, North 40 45' West 572.88 feet to Station 11 of said
Creek Survey, from which a sycamore 40 inches in diameter bears North 520 45' East 99 links and a sycamore
42 inches in diameter bears North 870 35' West 4.07 chains, both being marked B.T. 13; North 740 15' West
415.80 feet to Station 10; North 480 45' West 437.63 feet to the centerline of a 60 foot road, thence along the
centerline of said road, North 290 05' East 254.06 feet to a 3/4 inch iron pipe set in the levee on the Northerly
bank of said creek; thence continuing along the centerline of said road, North 320 26' 30" East 259.22 feet to
a 2" x 2" stake; thence North 520 46'30" East 156.74 feet to a 2" x 2" stake; thence North 670 31'30" East
51.00 feet to the true point of beginning of this description.
Page 13 of 15 Pages
CLTA Standard Coverage 1990
FfGIS 1301C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016 -FTYA- 218982
And as shown on that certain Record of Survey filed for record in the Office of the Recorder of County of Santa
Clara, State of California, on May 4, 1983 in Book 512, of Maps at Pages 3 and 4.
EXCEPTING THEREFROM all that portion thereof lying within Miller Avenue, as said Avenue is described in the
Deed to the County of Santa Clara, dated December 14, 1926, and recorded December 29, 1926 in Book 290
of Official Record, Page 276, and dated May 25, 1965, and recorded May 28, 1965 in Book 6974 of Official
Records, Page 20.
ALSO EXCEPTING THEREFROM all that portion thereof described as follows:
Being a portion of Las Animas Ranch Lot 16, as shown on Map No. 7, Accompanying the Final Report of the
Referees in the Las Anaimas Rancho Partition Suit, Action No. 5536, had in the Superior Court of the State of
California, in and for the County of Santa Clara, and being more particularly described as follows:
Beginning at the most Westerly corner of that certain 169.06 acre tract conveyed by Miller & Lux, Inc., a
corporation, to F.E. Stelling, by Deed dated January 25, 1927, ad recorded in Volume 296, at Page 249 Official
Records of Santa Clara County; and running thence along the centerline of Miller Avenue and the
Northwesterly line of said 169.06 acre tract, North 280 58' East 396.63 feet to the most Westerly corner of that
certain easement for levee purposes granted to the City of Gilroy by Bertha A. Stelling and John Henry Stelling,
dated October 1, 1938; thence along the Southwesterly line of said Levee easement, South 500 32'30" East
495.16 feet; South 420 48' 30" East 276.34 feet; and South 180 30' East 300.00 feet; thence leaving said
Levee line, South 710 30' West 123.48 feet, more or less, to a point in the Southwesterly line of Ranch Lot 16,
and said 169.06 acre tract; thence along said Southwesterly line, North 50 03' West 103.55 feet; North 750 02'
West 415.80 feet and North 490 17' West 434.68 feet to the point of beginning.
ALSO EXCEPTING THEREFROM all that portion conveyed to Arcadia Development Co., a California corporation,
by Deed dated June 18, 1974 and recorded June 21, 1974 in Book 0955 of Official Records, Page 131, Santa
Clara County Records, being more particularly described as follows:
Beginning at the Southeasterly corner of that certain parcel of land described as Parcel One in the Deed from
John Henry Stelling, et ux, to B. Bennetts, recorded July 13, 1967 in Book 7783 of Official Records, Page 53,
Santa Clara County Records, said corner being in the Northeasterly line of that certain 169.06 acre tract of
land described in the Deed from Miller & Lux, Inc. to F.E. Stelling, recorded January 27, 1927 in Book 296 of
Official Records, Page 249, Santa Clara County Records, said corner being in the Southwesterly line of
Princevalle Street (60 feet wide); thence from said point of beginning along said Northeasterly line of said
169.06 acre tract, South 200 00'00" East, 1,947.69 feet to a granite monument marked GL standing at the
Southwesterly corner of the former corporate limits of the City of Gilroy; thence continuing along said
Northeasterly line, South 201 00' 00" East 865.78 feet to the Southeasterly corner of said 169.06 acre tract, in
the Northerly line of Lot 3, as said Lot is shown upon that certain Map entitled "Massey Thomas Senior
Subdivision of Los Animas Ranch, Lot No. 15, recorded April 15, 1893 in Book G of Maps at page 59, Santa
Clara County Records; thence along said Northerly line and along the Northerly line of Lot 4, as said last
named lot is shown on said Map, North 890 59'31" West 1,806.79 feet to the Northwesterly corner of said Lot
4; thence along the Westerly line of said Lot 4, South 00 01' 37" East 225.00 feet to a point being distant
along the Westerly line of said Subdivision, North 00 01'37" West 3,715.35 feet from a 4" x 4" post scribed
M.T.M.2. found standing at an angle point in the Westerly line of Lot 16, as said last named lot is shown on
said Map; thence leaving said Westerly line Northwesterly along an arc of a curve to the right from a tangent
which bears North 590 10' 17" West with a radius of 3,500.00 feet through a central angle of 140 43' 59 ", an
arc distance of 899.99 feet; thence North 440 36' 18" West 94.92 feet; thence Northwesterly from a tangent
which bears North 440 26' 18" West along an arc of a curve to the right with a radius of 700.00 feet through a
central angle of 290 04'49", an arc distance of 355.28 feet to a point of reverse curvature; thence
Northwesterly along an arc of a curve to the left with a radius of 600.00 feet through a central angle of 260 16'
32 ", an arc distance of 275.16 feet; thence tangent to the preceding curve, North 410 38'01" West 78.04 feet,
thence Northwesterly along an arc of a tangent curve to the left with a radius of 600.00 feet through a central
Page 14 of_15_Pages
CLTA Standard Coverage 1990
FTGIS 1301C OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy No A04016-FTYA- 218982
angle of 70 00'21", an arc distance of 73.36 feet; thence tangent to the preceding curve, North 480 38' 22"
West 309.61 feet; thence Northwesterly along an arc of a tangent curve to the right with a radius of 600.00
feet through a central angle of 100 25' 01 ", an arc distance of 109.09 feet; thence tangent to the preceding
curve, North 380 13' 21" West 43.52 feet to the North - easterly line of that certain easement for levee purposes
described in the agreement between Bertha A. Stelling and John Henry Stelling and the City of Gilroy, recorded
October 11, 1938 in Book 892 of Official Records, Page 496, Santa Clara County Records; thence along said
last named Northeasterly line, North 440 49'23" West 25.00 feet to the intersection with a Southeasterly line
of Miller Avenue (60 feet wide), as said Southeasterly line was established in the Deed from J.A. Rea, et al, to
County of Santa Clara, recorded December 29, 1926 in Book 290 of Official Records, Page 276, Santa Clara
County Records; thence along the Southeasterly lines of said Miller Avenue, the three following courses and
distances: North 320 21'49" East 237.65 feet; North 520 42'30" East 147.39 feet; and North 670 27'35" East
108.74 feet to the intersection with the Southwesterly line of that certain parcel of land conveyed by John
Henry Stelling to City of Gilroy, by Deed recorded March 5, 1969, thence along said Southwesterly line, South
120 20'45" East 8.12 feet to the Southwesterly corner of said last named parcel; thence along the Southerly
line of said last named parcel, North 870 47' 16" East 435.72 feet to the Southeasterly corner of said last
named parcel; thence along the Easterly line of said last named Parcel, North 00 46' 56" East 8.01 feet to the
Southerly line of Miller Avenue (60 feet wide), as established in said Deed to the County of Santa Clara; thence
along said last named Southerly line, North 870 47' 16" East 40.06 feet to the intersection with the Easterly
line of Miller Avenue (80 feet wide), as said Easterly line was established in said Deed to the County of Santa
Clara; thence along said Easterly line, North 00 46' 56" East 839.34 feet to the Southwesterly corner of Lot 1,
as said last named lot is shown upon that certain Map entitled "Tract No. 4466, Loma Orchard Unit No. 1,"
recorded April 5, 1968 in Book 235 of Maps, at Page 42, Santa Clara County Records; thence along a
Southeasterly line of said Tract No. 4466, North 690 59'41" East 801.34 feet to the Southeasterly corner of
Lot 11 in the Southwesterly line of Lot 13, as said last named lots are shown on said last named Map; thence
along the Southwesterly line of said Lot 13, thence along the most Southeasterly line of said Tract No. 4466,
North 690 59'41" East 280.00 feet to the Southeasterly corner of Lot 15, as last named lot is shown on said
last named map in the Southwesterly line of that certain parcel of land conveyed by John Henry Stelling, et ux,
to Taki N. Anagnoston, et al, by Deed recorded May 3, 1967 in Book 7710 Official Records, Page 301 Santa
Clara County Records; thence along said last named Southwesterly line, South 200 01'00" East 113.35 feet to
the most Northerly corner of said Parcel One; thence along the Northwesterly line of said Parcel One, South
130 30'00" West 174.82 feet to the most Westerly corner of said Parcel One; thence along the Southwesterly
line of said Parcel One, South 760 30'00" East 181.29 feet; thence continuing along with the Southwesterly
line Southeasterly along an arc of a tangent curve to the left with a radius of 430.00 feet through a central
angle of 330 30'00", an arc distance of 251.41 feet; thence along the Southeasterly line of said Parcel One
tangent to the preceding curve, North 700 00'00" East 100.00 feet to the point of beginning.
APN: 799 -30 -02
Page 15 of 15 Pages
CLTA Standard Coverage 1990
FrGIS 13010 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ENDORSEMENT Policy Attached to:
No: A04016 -FTYA- 218982
Order No: 0621005031 -JW
OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY
a Corporation, of Minneapolis, Minnesota
The Company hereby assures the insured that the Company will not deny liability under the policy or any endorsements
issued therewith solely on the grounds that the policy and /or endorsements were issued electronically and /or lack
signatures in accordance with paragraph 14(c) of the Conditions and Stipulations.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Countersigned:
By ia�.
Validating Officer
Page 1 of 1 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371 -1111
AitBSf �� �Q� se" my
damage caused thereby.
(b) In the event of any litigation, including litigation by
the Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, or, if
applicable, to the lien of the insured mortgage, as insured.
(c) The Company shall not be liable for loss or damage
to any insured for liability voluntarily assumed by the insured in
settling any claim or suit without the prior written consent of the
Company.
(d) The Company shall not be liable to an insured lender
for:
(i) any indebtedness created subsequent to Date of
Policy except for advances made to protect the lien of the
insured mortgage and secured thereby and reasonable amounts
expended to prevent deterioration of improvements; or
(ii) construction loan advances made subsequent to
Date of Policy, except construction loan advances made
subsequent to Date of Policy for the purpose of financing in
whole or in part the construction of an improvement to the land
which at Date of Policy were secured by the insured mortgage
and which the insured was and continued to be obligated to
advance at and after Date of Policy.
9. Reduction of Insurance; Reduction or Termination of
Liability.
(a) All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall reduce the
amount of insurance pro tanto. However, as to an insured
lender, any payments made prior to the acquisition of title to the
estate or interest as provided in Section 2(a) of these Conditions
and Stipulations shall not reduce pro tanto the amount of
insurance afforded under this policy as to any such insured,
except to the extent that the payments reduce the amount of
the indebtedness secured by the insured mortgage.
(b) Payment in part by any person of the principal of the
indebtedness, or any other obligation secured by the insured
mortgage, or any voluntary partial satisfaction or release of the
insured mortgage, to the extent of the payment, satisfaction or
release, shall reduce the amount of insurance pro tanto. The
amount of insurance may thereafter be increased by accruing
interest and advances made to protect the lien of the insured
mortgage and secured thereby, with interest thereon, provided
in no event shall the amount of insurance be greater than the
Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary
satisfaction or release of the insured mortgage shall terminate all
liability of the Company to an insured lender except as provided
in Section 2(a) of these Conditions and Stipulations..
10. Liability Noncumulative.
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may
pay under any policy insuring a mortgage to which exception is
taken in Schedule B or to which the insured has agreed,
assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid
shall be deemed a payment under this policy to the insured
owner.
The provisions of this Section shall not apply to an
insured lender; unless such insured acquires title to said estate
or interest in satisfaction of the indebtedness secured by an
insured mortgage.
11. Payment of Loss.
(a) No payment shall be made without producing this
policy for endorsement of the payment unless the policy has been
lost or destroyed, in which case proof of loss or destruction shall .
be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has
been definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within 30 days
thereafter.
12. Subrogation Upon Payment or Settlement.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled' and paid a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this
policy not been issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this
right of subrogation. The insured claimant shall permit the
Company to sue, compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies..
If a payment on account of a claim does not fully cover
the loss of the insured claimant, the Company shall be
subrogated (i) as to an insured owner, to all rights and remedies
in the proportion which the Company's payment bears to the
whole amount of the loss; and (ii) as to an insured lender, to all
rights and remedies of the insured claimant after the insured
claimant shall have recovered its principal, interest, and costs of
collection.
If loss should result from any act of the insured claimant,
as stated above, that act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of
any losses insured against by this policy which shall exceed the
amount, if any, lost to the Company by reason of the impairment
by the insured claimant of the Company's right of subrogation.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness
secured by an insured mortgage, provided the priority of the lien
of the insured mortgage or its enforceability is not affected, may
release or substitute the personal liability of any debtor or
guarantor, or extend or otherwise modify the terms of payment,
or release a portion of the estate or interest from the lien of the
insured mortgage, or release any collateral security for the
indebtedness.
When the permitted acts of the insured claimant occur and
the insured has knowledge of any claim of title or interest
adverse to the title to the estate or interest or the priority or
enforceability of the lien of an insured mortgage, as insured, the
Company shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if
any, lost to the Company by reason of the impairment by the
insured claimant of the Company's right of subrogation.
(c) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non- insured obligors
shall exist and shall include, without limitation, the rights of the
insured to indemnities, guaranties, other policies of insurance or
bonds, notwithstanding any terms or conditions contained in
those instruments which provide for subrogation rights by reason
of this policy.
The Company's right of subrogation shall not be avoided
by acquisition of an insured mortgage by an obligor (except an
obligor described in Section 1(a)(ii) of these Conditions and
Stipulations) who acquires the insured mortgage as a result of an
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
400 Second Avenue South
Minneapolis, Minnesota 55401
OLD REPUBLIC
National Title Insurance Company
indemnity, guarantee, other policy of insurance, or bond and the
obligor will not be an insured under this policy, notwithstanding
Section 1(a) (i) of these Conditions and Stipulations.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the
insured may demand arbitration pursuant to the Title Insurance
Arbitration Rules of the American Arbitration Association.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a
policy provision or other obligation. All arbitrable matters when
the Amount of Insurance is $1,000,000 or less shall be arbitrated
at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of
$1,000,000 shall be arbitrated only when agreed 'to'by both the
Company and the insured. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration
is made or, at the option of the insured, the Rules in effect at
Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the
land is located permit a court to award attorneys' fees to a.
prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
req uest.
Standard Coverage Policy
14. Liability Limited to This Policy: Policy Entire
Contract.
(a) This policy together with all endorsements, if any,
attached hereto by the Company is the entire policy and
contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based
on negligence, and which arises out of the status of the title to
the estate or interest covered hereby or by any action
asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon or attached
hereto signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
15. Severability
In the event any provision of the policy is held invalid or
unenforceable under applicable law, the policy shall be deemed
not to include that provision and all other provisions shall
remain in full force and effect.
16. Notices, Where Sent.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this policy and shall be addressed
to the Company at:
400 Second Avenue South, Minneapolis, Minnesota 55401
Phone (612) 371 -1111