HomeMy Public PortalAboutResolution - 01-17- 20010627 - PSOT Acquisitiion BCR RESOLUTION NO. 01-17
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION OF THE PROPERTY
ACQUISITION AGREEMENT, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT AND EXECUTE MEMORANDUM OF UNRECORDED
GRANT AGREEMENT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION(BEAR CREEK.REDWOODS OPEN
SPACE PRESERVE-LANDS OF PENINSULA OPEN SPACE
TRUST)
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The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Property Acquisition Agreement between
Peninsula Open Space Trust, a California Public Benefit Corporation, and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by this reference made a
part hereof, and authorizes the President or appropriate officers to execute the Agreement on
behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized
to execute a Certificate of Acceptance for the Grant Deed on behalf of the District.
Section Three. The President of the Board of Directors, or other appropriate officer, is
authorized to execute the Memorandum of Unrecorded Grant Agreement with the Wildlife
Conservation Board and the attendant Certificate of Acceptance on behalf of the District.
Section Four. The General Manager of the District shall cause to be given appropriate notice of
acceptance to seller. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
Section Five. The General Manager of the District is authorized to expend up to $10,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this
transaction.
Section Six. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreement and documents which do not involve any material
change to any term of the Agreement or documents, which are necessary or appropriate to the
closing or implementation of this transaction.
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Section Seven. It is intended, reasonably expected, and hereby authorized that the District's
general fund will be reimbursed in the amount of$2,000,000 from the proceeds of the next long-
term District note issue. This Section of this Resolution is adopted by the Board of Directors of
Midpeninsula Regional Open Space District solely for purposes of establishing compliance with
the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this
payment expenditure is consistent with the District's budgetary and financial circumstances.
There are no funds or sources of moneys of the District that have been, or are reasonably
expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs
of this open space land acquisition project which are to be paid or reimbursed out of proceeds of
indebtedness to be issued by the District. The Board of Directors hereby declares the District's
official intent to use proceeds of indebtedness to reimburse itself for this open space land
acquisition project expenditure.
RESOLUTION NO. 01-17
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on June 27, 2001, at a regular meeting thereof, by the following vote:
AYES: P. Siemen-5, M. Davey, K. Nitz, L. Hazsett, J. Cyn, D. LittXe
NOES: None
ABSTAIN: None
ABSENT: N. Hcwko
ATTEST: APPROVED:
Secretary President
Board of Directors Board of Directors
I, the Acting District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of
Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting
thereof duly held and called on the above day.
Acting District Jerk
PROPERTY ACQUISITION AGREEMENT
Peninsula Open Space Trust/Midpeninsula Regional Open Space District
Upper Portion of the Bear Creek Redwoods Open Space Preserve,
Santa Clara County
RECITALS
WHEREAS Grantor, the Peninsula Open Space Trust(hereinafter, "POST"), is a private
non-profit organization, existing under section 501(c)(3) of the United States Internal Revenue
Code and having among its principal charitable purposes the preservation of land for scenic,
historic, agricultural, and open space purposes; and
WHEREAS Grantee, the Midpeninsula Regional Open Space DISTRICT (hereinafter,
"DISTRICT"), is a public agency organized pursuant to Article 3 of Chapter 3 of Division 5 of
the California Public Resources Code for the purpose of acquiring, holding and managing real
property as open space and for public access and natural resource protection; and
WHEREAS the California State Coastal Conservancy (hereinafter, "Conservancy"), is an
agency of the State of California charged under Division 21 of the Public Resources Code with
preserving, protecting, and enhancing the coast of California. The Conservancy is authorized to
award and condition grants to qualified non-profit organizations to help achieve these purposes;
and
WHEREAS POST is the legal owner of the fee interest in real property in the County of
Santa Clara, State of California, consisting of approximately 805 acres commonly known as the
"Upper Portion of the Bear Creek Redwoods Open Space Preserve"; and
WHEREAS POST acquired said real property for Ten Million Dollars ($10,000,000.00)
plus associated transaction and stewardship costs ("Acquisition Price"); and
WHEREAS at its December 1, 1999 public meeting, the Conservancy authorized
disbursement of funds to POST to assist POST in the acquisition of fee title to the real property
by helping to repay the acquisition loan; and
WHEREAS the December 1999 action of the Conservancy was subject to certain
conditions, including a requirement that POST permanently dedicate the real property for public
access, open space preservation and for resource enhancement and restoration and that POST
enter into an agreement with the DISTRICT to convey the real property to the DISTRICT upon
the fulfillment of specified contingencies; and
WHEREAS to protect the public's interest in the real property, POST and the
Conservancy entered into an "Irrevocable Offer to Dedicate" recorded February 28, 2000 ("the
Irrevocable Offer to Dedicate"), which provides, inter alia, that the real property has been
acquired for public access, natural resource protection and open space preservation and that it
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shall not be used for any purposes inconsistent therewith; and
WHEREAS the California Wildlife Conservation Board(hereinafter, "Board"), is an
agency of the State of California charged under Chapter 4, Division 2 of the California Fish and
Game Code with preserving, protecting, and restoration of wildlife within the State of California
which will provide compatible public use. The Board is authorized to award and condition
grants to qualified public agencies to help achieve these purposes; and
WHEREAS to facilitate the DISTRICT's acquisition of the real property, DISTRICT and
the Board entered into Real Property Grant Acquisition Agreement dated February 17, 2000,
which provides grant funds to acquire the"Upper Portion of the Bear Creek Redwoods Open
Space Preserve", and inter alia, that the real property shall be acquired for the purposes of
wildlife habitat preservation, restoration and management, wildlife-oriented education and
research, and for compatible public uses; and
WHEREAS for the purposes of providing public access,protecting the natural resources
of the real property, and preserving open space in perpetuity, POST now desires to convey the
fee interest in the real property to the DISTRICT once an amount of funds adequate to repay the
acquisition loan has been obtained from the Conservancy and other sources and the DISTRICT
desires to assume the fee interest in the real property as soon as feasible; and
WHEREAS through this purchase and sale agreement the parties intend to provide for the
conveyance of the real property from POST to the DISTRICT in fulfillment of their mutual
desires and the Grant Agreement and to bind themselves and their respective assigns and
successors in interest.
NOW THEREFORE, in consideration of the foregoing recitals, the mutual promises and
covenants contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, POST and DISTRICT agree as follows:
1. Purchase and Sale.
A. POST agrees to sell to DISTRICT and DISTRICT agrees to purchase from POST, POST's
real property located within an unincorporated area of the County of Santa Clara, State of
California, containing approximately Eight Hundred and Five (805) acres, more or less.
Said property is further described in the Legal Description that is a part of Preliminary
Report number 493158-MM, dated April 20, 2001, from Old Republic Title Insurance
Company. A copy of said Preliminary Report is attached hereto as Exhibit"A", and
incorporated herein by this reference.
B. Said property is to be conveyed together with any easements, rights of way, or rights of
use, which may be appurtenant or attributable to the aforesaid lands, and any and all
improvements attached or affixed thereto. All of said real property and appurtenances are
herein called the "Property"
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C. DISTRICT accepts the title to the Property conveyed hereunder as subject to the
"Irrevocable Offer to Dedicate" entered into between POST and the Conservancy and
recorded February 28, 2001 (attached hereto as Exhibit"B" and incorporated herein by
this reference), acknowledges the validity of the same and hereby agrees to be bound by
the restrictions, covenants and conditions of that agreement.
D. As a consideration for the $2,000,000.00 acquisition grant from the Board, DISTRICT
agrees to record a Memorandum of Unrecorded Grant Agreement over the Upper Portion
of the Bear Creek Redwoods Open Space Preserve attached hereto as Exhibit"C"and
incorporated by this reference.
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two
Million Dollars ($2,000,000.00), (which is twenty percent (20%) of the Ten Million Dollars
($10,000,000.00) purchase price of the Property on July 15, 1999); which shall be paid in cash at
the "Closing" as defined in Section 3.A hereof.
3. Escrow. An escrow has been opened at Old Republic Title Insurance Company, 1900 The
Alameda, San Jose, CA 95126, (408) 296-4500 as Escrow number 493158-MM (hereinafter
"Escrow Holder") through which the purchase and sale of the Property shall be consummated. A
fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow
instructions to Escrow Holder; provided that the parties shall execute such additional
supplementary or customary escrow instructions as Escrow Holder may reasonably require. This
Agreement may be amended or supplemented by explicit additional escrow instructions signed
by the parties, but the printed portion of such escrow instructions shall not supersede any
inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to
deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into
the escrow as herein provided, with the following terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or before July 31,
2001, provided however, that the parties may, by written agreement, extend the time for
Closing. The term "Closing"as used herein shall be deemed to be the date when Escrow
Holder causes the Grant Deed (as defined below) to be recorded in the Office of the
County Recorder of Santa Clara County.
B. POST and DISTRICT shall, during the escrow period, execute any and all documents and
perform any and all acts reasonably necessary or appropriate to consummate the purchase
and sale pursuant to the terms of this Agreement.
C. POST shall deposit into the escrow on or before the Closing an executed and recordable
Grant Deed, covering the Property as described in said Exhibit"A".
D. DISTRICT shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed duly executed by
DISTRICT and to be dated as of the Closing.
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(ii) An executed and recordable Memorandum of Unrecorded Grant Agreement and
attendant Certificate of Acceptance in the form of said Exhibit"C".
(iii) DISTRICT's check payable to Escrow Holder in the amount of Two Million
Dollars ($2,000,000.00).
E. DISTRICT shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if
required by DISTRICT, all recording costs and fees, and all other costs or expenses not
otherwise provided for in this Agreement. All current property taxes on the Property
shall be pro-rated through escrow between DISTRICT and POST as of the Closing based
upon the latest available tax information using the customary escrow procedures.
F. Old Republic Title Insurance Company is prepared and committed to deliver to
DISTRICT, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring
DISTRICT in the amount of$10,000.000.00 for the Property, showing title to the
Property vested in fee simple in DISTRICT, subject only to: (i) current real property
taxes, (ii) listed exceptions numbered 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 28, 30, and 32, as shown in Exhibit A, and(iii) such additional title exceptions as may
be approved in writing by DISTRICT prior to the Closing as determined by DISTRICT in
its sole and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been deposited into
the escrow by the appropriate parties and when all other conditions to Closing have been
fulfilled, cause the Grant Deed, Memorandum of Unrecorded Grant Agreement and
attendant Certificate of Acceptance, to be recorded in the Office of the County Recorder
of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to
DISTRICT the original of the policy of title insurance required herein, and to POST
Escrow Holder's check for the full purchase price of the Property and to DISTRICT or
POST, as the case may be, all other documents or instruments which are to be delivered
to them. In the event the escrow terminates as provided herein, Escrow Holder shall
return all monies, documents or other things of value deposited in the escrow to the party
depositing the same.
4. Covenant Regarding Recognition of Significant Supporters. DISTRICT acknowledges and
agrees that POST reserves the right to specially recognize Significant Supporters as defined in
and in compliance with the criteria set out in DISTRICT's Policies for Site Naming and Gift
Recognition and Bench Site Selection Criteria as are now in effect and as such may hereinafter
be amended from time to time by the naming in a manner desired by a Significant Supporter(s)
and acceptable to POST of any specific locations, land formations, trails, natural and physical
features, staging areas and other site improvements, or areas of significance within the Property.
Notwithstanding the foregoing, in no event shall the entire Property be named after any
individual or Significant Supporter(s). POST may exercise this reservation by stating in writing
to DISTRICT its request for such recognition on or before five (5) years following the Closing.
Such recognition shall be unobtrusive and consistent with the purpose for which the DISTRICT
is acquiring the property including the preservation of public open space and natural habitat.
Any and all costs associated with such recognition shall be borne by POST. This reservation
Page 4
shall automatically terminate five (5) years from the date of Closing. DISTRICT agrees to
describe such designations of the features or portions of the Property as appropriate on any and
all maps and trail brochures of the Property.
5. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement
is terminated and escrow is canceled for any reason, all parties shall be excused from any further
obligations hereunder, except as otherwise provided herein. Upon any such termination of
escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its
title and escrow cancellation charges (subject to rights of subrogation against any party whose
fault may have caused such termination of escrow), and each party expressly reserves any other
rights and remedies which it may have against any other party by reason of a wrongful
termination or failure to close escrow.
6. Indemnification. DISTRICT agrees to indemnify and hold POST, its officers, directors,
agents, and employees harmless and defend POST as follows:
A. "Indemnitees" shall mean POST, its officers, directors, agents, and employees.
B. Indemnitees shall be indemnified and held harmless from any and all liability in
connection with POST's activities in connection with the Property which occurred prior
to the effective date of this agreement, including but not limited to POST's acquisition of
the Property, any and all discussions leading to such acquisition, POST's entering into
the agreement referred to in Section 1 herein, POST's management of the Property and
POST's execution and performance of this Agreement. This indemnity includes any and
all liability, loss, damage,judgment, claim, suits, actions, causes of actions, demands,
proceedings, costs and expenses (including, but not limited to, reasonable attorneys' fees
and costs) (collectively "Claims") asserted, suffered, incurred by or threatened against
Indemnitees or any one of them in any way connected with the Property. It specifically
includes but is not limited to any and all claims against Indemnitees set forth in that
certain action filed in Sacramento County Superior Court by Pietro G. Denevi against the
DISTRICT and certain Indemnitees, bearing Case No. 01CS00557 (the "Pending
Action"). It also includes but is not limited to any other claims against Indemnitees
which may arise out of or are connected with (i) any governmental or quasi-governmental
permits, licenses, consents, entitlements or approvals (collectively "Approvals") now,
previously or hereafter sought by or issued to anyone relating to the subdivision, lot line
adjustment, development, improvement, use, timber harvesting or operation of all or any
portion of the Property, including without limitation any Approvals relating to residential
development and/or golf course development; and (ii) the Pending Action or any other
action in which it is asserted that any action of the Indemnitees (A) constitutes
interference with the contractual rights or the prospective business advantage of the
claimant(s); or(B) are unauthorized, illegal or otherwise improperly undertaken by the
Indemnitees; or(C) seeking to set aside, void or otherwise prevent or inhibit any
transactions contemplated by this Agreement or any other transaction with respect to the
Property undertaken by Indemnitees or any of them.
Page 5
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C. This Section 6 Indemnity shall survive the Closing of this sale, shall survive the
recordation of each deed and shall not be merged thereby.
D. Defense of any claim shall be by such qualified outside counsel as is reasonably
acceptable to DISTRICT and Indemnitees. The costs of defense of any claim and all
attorneys' fees shall be paid by DISTRICT. DISTRICT has requested that Indemnitees
agree to joint representation in any matters in which DISTRICT and Indemnitees are both
named parties, among other reasons, for the purpose of reducing overall defense costs
and coordinating defense activities and achieving the most effective possible defense of
the Claims. DISTRICT and Indemnitees hereby consent to such joint representation by
DISTRICT's counsel and agree to waive any actual or potential conflicts that may arise
therefrom. Indemnitees specifically acknowledge and agree that they will not later argue
or assert that any such joint representation is grounds for disqualifying DISTRICT's
counsel from representing DISTRICT, or any of DISTRICT's employees, agents or
principals in any matter wherein DISTRICT's and Indemnitee's interests may be or
become adverse. During the course of such joint representation, DISTRICT shall have
final decision making authority with respect to administration of the joint defense, but
DISTRICT shall in good faith consult and confer with POST and its counsel on all
material decisions relating to such joint defense. DISTRICT shall not have the right to
settle or compromise any claim if POST and the other Indemnitees have not previously
consented thereto. The Indemnitees' consent shall not be unreasonably withheld, but
under no circumstances shall POST be required to consent to any proposed compromise
or settlement that results in or will result in any cost, expense, obligation, liability and/or
other financial exposure to POST or any other Indemnitee, and any Indemnitees'
withholding of consent on that basis shall conclusively be deemed reasonable. DISTRICT
shall cause its counsel to copy POST and its counsel on all pleadings and material
correspondence and shall regularly inform POST and its counsel of the progress and
status of the joint defense. If such joint defense becomes necessary, DISTRICT and each
Indemnitee shall enter into an appropriate joint defense agreement on reasonable terms to
implement such joint defense. If during the course of such joint defense, either the
DISTRICT or POST determines (in its sole discretion) that such joint defense is not in its
best interests, then either DISTRICT or POST may withdraw from such joint
representation by giving written notice to the other. All Indemnitees shall be deemed to
have withdrawn if either the DISTRICT or POST withdraws. In the event of a
withdrawal:
(i) If DISTRICT is the withdrawing party, or POST is required to withdraw by
reason of an actual conflict of interest, DISTRICT shall pay the reasonable
costs of POST's defense provided by its separate counsel (selected by
POST, subject to DISTRICT's reasonable approval), subject to DISTRICT's
right to seek reimbursement for such costs upon a showing that its decision
to withdraw from the joint defense was reasonable and was necessitated by
the refusal of POST to cooperate reasonably in presenting a joint defense.
(ii) If POST is the withdrawing party, POST shall pay the costs of the defense
of any Indemnitee with respect to the claim which is the subject of the joint
Page 6
defense and DISTRICT shall have no current obligation or responsibility for
the same, subject to POST's right to seek full reimbursement for such costs
upon a showing that its decision to withdraw from the joint defense was
reasonable and was necessitated by the refusal of DISTRICT or its counsel
to cooperate reasonably in a joint defense. In no event shall POST's
withdrawal from any joint defense, which withdrawal may be for any reason
whatsoever, exonerate or relieve DISTRICT in any way from its indemnity
obligation under this Section 6 Indemnity.
E. Notwithstanding anything to the contrary contained in this Agreement, DISTRICT's
maximum aggregate monetary liability pursuant to this Section 6 Indemnity shall be
limited to the sum of Two Million Dollars ($2,000,000.00).
7. Miscellaneous Provisions.
A. Choice of Law. The internal laws of the State of California, regardless of any choice of
law principles, shall govern the validity of this Agreement, the construction of its terms
and the interpretation of the rights and duties of the parties.
B. Amendment. The parties hereto may by mutual written agreement amend this Agreement
in any respect.
C. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties
shall be considered to be cumulative with and in addition to any other rights,powers and
remedies which the parties may have at law or in equity in the event of the breach of any
of the terms of this Agreement. The exercise or partial exercise of any right,power or
remedy shall neither constitute the exclusive election thereof nor the waiver of any other
right, power, or remedy available to such party.
D. Notice. Whenever any party hereto desires or is required to give any notice, demand, or
request with respect to this Agreement(or any Exhibit hereto), each such communication
shall be in writing and shall be deemed to have been validly served, given or delivered at
the time stated below if deposited in the United States mail, registered or certified and
return receipt requested, with proper postage prepaid, or if delivered by Federal Express
or other private messenger, courier or other delivery service or sent by facsimile
transmission by telex, telecopy, telegraph or cable or other similar electronic medium and
addressed as indicated as follows:
POST: Peninsula Open Space Trust
3000 Sand Hill Road
Bldg. #4, Suite 135
Menlo Park, CA 94025
Attn: President
TEL: (650) 854-7696
FAX: (650) 854-7703
Page 7
DISTRICT: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
TEL: (650) 691-1200
FAX: (650) 691-0485
Conservancy: California Coastal Conservancy
1330 Broadway, 1 Ith Floor
Oakland, CA 94612-2530
Attn: Legal Counsel
TEL: (510) 286-1015
FAX: (510) 286-0470
Board: Wildlife Conservation Board
1807 13`h Street, Suite 103
Sacramento, CA 95818
Attn: Executive Director
TEL: (916)445-0137
FAX: (916) 323-0280
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic,
facsimile or cabled notice shall promptly be sent by mail (in the manner provided above)
to the addressee. Service of any such communication made only by mail shall be deemed
complete on the date of actual delivery as indicated by the addressee's registry or
certification receipt or at the expiration of the third(3rd) business day after the date of
mailing, whichever is earlier in time. Either party hereto may from time to time,by
notice in writing served upon the other as aforesaid, designate a different mailing address
or a different person to which such notices or demands are thereafter to be addressed or
delivered. Nothing contained in this Agreement shall excuse either party from giving
oral notice to the other when prompt notification is appropriate, but any oral notice given
shall not satisfy the requirements provided in this Section.
E. Severability. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction,
the decision of which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of the remaining portions
of this Agreement. The parties further agree to replace such void or unenforceable
provisions that will achieve, to the extent possible, the economic, business and other
purposes of the void or unenforceable provisions.
F. Counterparts. This Agreement may be executed in separate counterparts, each of which
shall be deemed as an original, and when executed, separately or together, shall constitute
a single original instrument, effective in the same manner as if the parties had executed
one and the same instrument.
Page 8
G. Waive No waiver of any term, provision or condition of this Agreement, whether by
conduct or otherwise, in any one or more instances, shall be deemed to be, or be
construed as, a further or continuing waiver of any such term, provision or condition or as
a waiver of any other term, provision or condition of this Agreement.
H. Entire Agreement, This Agreement is intended by the parties to be the final expression of
their agreement; it embodies the entire agreement and understanding between the parties
hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
1. Time of the Essence. Time is of the essence of each provision of this Agreement in which
time is an element.
J. Survival of Covenants. All covenants of DISTRICT or POST which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all
representations and warranties by either party to the other, shall survive the Closing and
be binding upon and inure to the benefit of the respective parties hereto and their
respective heirs, successors and permitted assigns.
K. Assignment. Except as expressly permitted herein, neither party to this Agreement shall
assign its rights or obligations under this Agreement to any third party without the prior
written approval of the other party.
L. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver
such further documents and perform such other acts as may be reasonably necessary or
appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
M. Captions. Captions are provided herein for convenience only and they form no part of
this Agreement and are not to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
N. Pronouns and Gender. In this Agreement, if appropriate, the use of the singular shall
g
include the plural, and the plural shall include the singular, and the use of any gender
shall include all other genders as appropriate.
O. Auhhorily. POST and DISTRICT both represent and warrant that each has the full right,
power and authority to enter into this Agreement and to perform the transactions
contemplated hereunder.
P. Effective Date. The effective date of this agreement shall be June 27, 2001.
111
Page 9
f
GRANTOR:
PENINSULA OPEN SPACE TRUST
By: Date: �y
Audrey C. Ru
President
GRANTEE:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Approved as to Form:
By; -v��� W�-v� Date: 6 a? D
Susan M. Schectman
General Counsel
Recomm ded for A proval:
By: Date: v
L. Craig Britton
General Manager
Approved and Accepted:
A, --'54e
By: Date: A"/jw i 4�
Pete Siemens
President, Board of Directors
Attest: F
By Date:
Lisa Zade
Acting Dis rict Clerk
Page 10
** * * *OLD REPUBLIC TITLE COMPANY
1900 THE ALAMEDA • SAN JOSE,GA • 95126 • (408)557-8400 • Fax:(408)249-2314
III*
PRELIMINARY REPORT update
Issued for the sole use of: Our Order No. 493158-MM
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Reference
330 DISTEL CIRCLE
LOS ALTOS, California 94022
When Replying Please Contact:
Attention: MIKE WILLIAMS
Mary Montonye
Property Address: Bear Creek Road [UPPER] , Los Gatos, CA
[Unincorporated area of Santa Clara County]
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which
issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to .provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of April 20th ,2001 , at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to,See Attached t all
Page 1 of 19 Pages Page , Qf..�e'..,:..�
ORT 3157-A (Rev. 5/1/00)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 493158-MM
update
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage - 1990, Owner's Policy. A specific request should be made if
another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
PENINSULA OPEN SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION
EXHIBIT
Page 2 of 19 Pages page
ORT 3157-A1 (Rev 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 493158-MM
update
The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated area,
State of California,and is described as follows:
PARCEL ONE:
ALL OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP
ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED
FOR RECORD ON JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY
RECORDS.
ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) AND 544-30-002 (PORTION)
PARCEL TWO:
BEING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7,
1985 IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
ALL OF LOT 10 OF THE RENOWDEN TRACT, AS LAID DOWN AND DELINEATED UPON A MAP
ENTITLED, "MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON JANUARY 20, 1888 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51.
'EXCEPTING THEREFROM THAT PARCEL OF LAND CERTIFIED IN CERTIFICATE OF COMPLIANCE
NO. 2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT
COORDINATOR AND RECORDED WITH NO. 8396378 IN SANTA CLARA COUNTY OFFICIAL RECORDS
ON MARCH 5, 1985.
ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL
OF LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED BY
THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO 8373075
IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985.
ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN THE PARCEL OF LAND
CONVEYED BY CHAOS. MCKIERMAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN
VOLUME 95 AT PAGE 236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1887.
ASSESSOR'S PARCEL NO. 544-30-002 (PORTION)
PARCEL THREE:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985
IN BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM
THE SOUTHWEST CORNER OF SAID QUARTER SECTION; AND RUNNING THENCE WEST ALONG SAID
SOUTH LINE OF SAID QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID
QUARTER SECTION; THENCE NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4
SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, 210 FEET TO A STAKE; THENCE IN A
STRAIGHT LINE SOUTHEAST TO THE PLACE OF BEGINNING. EXHIBI
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ASSESSOR'S PARCEL NO. 544-30-003 (PORTION)
PARCEL FOUR:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985
IN BOOK J302 PAGE 1160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
THE EAST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-50-001
PARCEL FOUR A:
A RIGHT OF WAY APPURTENANT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR THE PURPOSES
OF ORDINARY TRAVEL, AS GRANTED BY STANDARD OIL COMPANY, A CORPORATION TO EDWARD
W. GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK
345 OF DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, THE CENTERLINE OF
WHEREOF IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8. 62) CHAINS NORTH
OF THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 66'
WEST ONE AND FORTY-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 74' WEST ONE AND
EIGHTY-FIVE HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 68' 15' WEST TWO AND FIVE
HUNDREDTHS (2.05) CHAINS; THENCE SOUTH 86' 15' WEST ONE AND SIXTY HUNDREDTHS
(1.60) CHAINS SOUTH 68' 30' WEST TWO AND EIGHT HUNDREDTHS (2.08) CHAINS; THENCE
TWO AND SEVENTY-FOUR HUNDREDTHS (2.74) CHAINS; THENCE NORTH 59` WEST ONE AND
SIXTY HUNDREDTHS (1.60) CHAINS; THENCE NORTH 31" 50' WEST FOUR AND THIRTY-SEVEN
HUNDREDTHS (4.37) CHAINS; THENCE NORTH 5' WEST ONE AND FIFTEEN HUNDREDTHS (1.15)
CHAINS.
PARCEL FIVE:
BEING THAT PARCEL DESCRIBED/IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985
IN BOOK J302, PAGE 1166 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT A 3" X 4" POST AND IRON PIPE STANDING AT THE COMMON CORNER OF
SECTIONS 5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND
MERIDIAN, AT THE NORTHWESTERLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID
SECTION 8 CONVEYED BY D.E. WISEMAN, ET UX, TO JESSIE ROBERTSON BY DEED DATED
SEPTEMBER 13, 1913 AND RECORDED IN VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN
THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA AND RUNNING
THENCE SOUTHERLY AND ALONG THE LINE BETWEEN SECTIONS 7 AND 8 WHICH HERE FORMS
THE WESTERLY LINE OF SAID 80 ACRE TRACT, SOUTH 0' 11'' EAST 18. 90 CHAINS, TO A 6"
X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE
TRACT, AND FORM WHICH A REDWOOD 20" IN DIAMETER BEARS SOUTH 38-3/4` WEST 0.55
CHAINS, AND A REDWOOD 12" IN DIAMETER BEARS NORTH 57-3/4` WEST, 0.55 CHAINS,
BOTH TREES MARKED "B.T. .1/8S"; THENCE EASTERLY AND ALONG THE SOUTHERLY LINE OF
SAID 80 ACRE TRACT, SOUTH 89' 56' EAST 15.18 CHAINS TO A 2" X 3" STAKE MARKED
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"T.R.2" FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/2' EAST,
0.027 CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 44' WEST 1.273 CHAINS,
BOTH TREES MARKED "B.T.T.R.2"; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO
SAID LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0' 11' WEST 19.15 CHAINS TO A 2"
X 3" STAKE MARKED T.R. 1 STANDING IN THE LINE BETWEEN SAID SECTIONS 5 AND 8, AND
FROM WHICH A MADRONE 10" IN DIAMETER BEARS NORTH 56 3/4` WEST 0.087 CHAINS, AND
A FORKED TAN OAK 16" IN DIAMETER BEARS NORTH 64-3/4` EAST 0.39 CHAINS, BOTH
TREES BEING MARKED "B.T.T.R.1"; AND THENCE WESTERLY AND ALONG SAID LINE BETWEEN
SAID SECTIONS 5 AND 8, WHICH HERE FORMS THE NORTHERLY BOUNDARY OF SAID 80 ACRE
TRACT, SOUTH 89- 08' WEST 15.18 CHAINS TO THE POINT OF BEGINNING; BEING A PART
OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1
WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-33-014
PARCEL SIX:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985
IN BOOK J303 PAGE 921 OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING SECTIONS 7
AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN; AND
RUNNING THENCE ALONG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0"
11' WEST 18.90 CHAINS TO A 6" X 6" POST MARKED 1/8 S. AND 2" PIPE STANDING AT
THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED BY JESSIE ROBERTSON AND W.J.
ROBERTSON TO HARRY L. TEVIS, BY DEED DATED JANUARY 15, 1916 AND RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY IN VOLUME 438 OF DEEDS, AT
PAGE 332; RUNNING THENCE ALONG THE SOUTH LINE OF SAID 28.88 ACRE TRACT AND THE
PROLONGATION THEREOF, EASTERLY SOUTH 89- 56' EAST, 15.765 CHAINS TO A POINT FROM
WHICH THE SOUTHEAST CORNER OF THE ABOVE MENTIONED 28.88 ACRE TRACT BEARS NORTH
89` 56' WEST 0.585 CHAINS; RUNNING THENCE PARALLEL TO THE SOUTHERLY PROLONGATION
OF THE EASTERLY LINE OF SAID 28.88 ACRE TRACT, SOUTH 0- 11 ' EAST 19.15 CHAINS TO
A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND OF E.W. BIDDLE AND IN THE
QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 8;
RUNNING THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LAND OF BIDDLE AND
ALONG SAID QUARTER SECTION LINE NORTH 89` 5' WEST, 15.765 CHAINS TO THE PLACE OF
BEGINNING; AND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID
SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-56-004
PARCEL SEVEN:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1985
IN BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST,
M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP
AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH
THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID
-HIED'__A
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CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA
COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50
CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ
AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY
AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2' EAST 7.39 CHAINS TO A
STAKE MARKED M.C.K., SOUTH 58-1/2' WEST 5. 92 CHAINS, SOUTH 8' 30' EAST 0.61
CHAINS, SOUTH 1" WEST 0.83 CHAINS, SOUTH 18p 40' WEST 1.08 CHAINS, SOUTH 4` 45'
WEST 1.06 CHAINS, SOUTH 35` 30' WEST 1.65 CHAINS, SOUTH 72' 30' WEST 1.55
CHAINS, SOUTH 89- 30' WEST 1.15 CHAINS, SOUTH 70` 15' WEST 1.48 CHAINS, SOUTH
81' 20' WEST 1.03 CHAINS, NORTH 89` 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE
EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING
NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST;
THENCE SOUTH 0' 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE
MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1
WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0- 12' WEST
3.18 CHAINS; THENCE SOUTH 43' 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE
RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG
SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB
CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE
INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE
RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY
ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE IN A
GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF DOUGHERTY ROAD TO THE THIRD
POINT OF INTERSECTION OF THE SECTION LINE BETWEEN SECTIONS 5 AND 6, TOWNSHIP 9
SOUTH, RANGE 1 WEST, SAID POINT BEING APPROXIMATELY 220 FEET SOUTH OF THE
NORTHEAST CORNER OF SECTION 6; THENCE NORTH ALONG SAID SECTION LINE TO THE POINT
OF BEGINNING.
ASSESSOR'S PARCEL NO. 544-31-003
PARCEL EIGHT:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, 1985
IN BOOK J310, PAGE 662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE TRACT OF LAND FORMERLY BELONGING TO GEO. H. BASSETT AND
WIFE, LOCATED IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M., ACQUIRED BY
DEED DATED JUNE 18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSETT, ET AL,
WHICH DEED IS RECORDED IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS: TO WIT:
BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS
INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LINE OF LOT 6, AS THE
SAME IS DESIGNATED AND DELINEATED ON THE MAP OF THE SUBDIVISION OF THE RENOWDEN
TRACT, WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "C" OF MAPS, PAGE 51, SAID PORTION
OF COMMENCEMENT BEING DESIGNATED AS ENGINEER'S STATION K.R.3 AS SET BY A.T.
HERRMANN OF HERRMANN BROS. , SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND SHOWN
ON A MAP OF SURVEY OF THE PROPERTY OF SAID DR. GEO H. BASSETT AND WIFE, IN
Page 6 of 19 Pages
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ORDER NO. 493158-MM
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SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , SURVEYED BY SAID A.T.
HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH STATION K.R.3. A MADRONE TREE
10" IN DIAMETER BEARS S. 87' 30' W. 47 LINKS AND A TAN OAK TREE 8" IN DIAMETER
BEARS N. 53' 35' W. 0. 667 CHAINS; THENCE ALONG THE SAID DOUGHERTY ROAD FROM
STATION K.R.3. THE FOLLOWING COURSES AND DISTANCES, AS SO SURVEYED BY SAID A.T.
HERRMANN AND DESCRIBED ON SAID MAP OF SUCH SURVEY, NAMELY: DOUGHERTY ROAD FROM
K.R.3 NORTHWARD.
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 30-1/2' W. 1.00 1
N. 9' W. 1.50 2
N. 16-1/2' E. 1.00 3
N. 44-1/2` E. 0.75 4
N. 86' 45' E. 1.30 5
N. 39` E. 2.36 6
N. 40' W. 2.50 7
N. 0` 45' W. 1.50 8
N. 14` 15' E. 3.25 9
N. 66' 15' E. 1.50 10
N. 88' 45' E. 2.22 11
N. 79` 45' E. 2.17 12
S. 61` 0' E. 2.45 13
S. 75-1/4` E. 0. 62 14
N. 42` 15' E. 5. 90 15
N. 58` 45' E. 1.30 16
S. 89` 16' E. 1.70 17
N. 37' 30' E. 2.40 18
N. 56` E. 2.68 19
N. 76` 30' E. 1.75 20
S. 72' 15' E. 1.25 21
S. 45` 45' E. 2.20 22
S. 32` 30' E. 2.80 23
S. 41' 45' E. 1.45 '24
S. 63` 15' E. 1.65 25
N. 65" 45' E. 0.355 26
WHERE A 1-1/4" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TREE 25" IN DIAMETER
MARKED B, BEARS S. 70-3/4- E. 1.12 CHS. AND A LIVE OAK TREE 6" IN DIAMETER BEARS
N. 83-1/4' W. 0.45 CHS; THENCE SOUTH 0' 23' E. 14.13 CHS. TO A STATION NUMBER
1/4S WHERE A 4" X 4" STAKE AND IRON PIPE IS SET, AND FORM WHICH A BLACK OAK 24
INCHES IN DIAMETER BEARS S. 12` E. 0.54 CHS. AND A MADRONE TREE 10" IN DIAMETER
BEARS S. 67-1/2` E. 0.29 CHS. ; THENCE SOUTH 0" 06' E. 14. 64 CHS. TO A POINT IN
THE CENTER LINE OF COLLINS CREEK DESIGNATED ENGINEER'S STATION F.R. ; FROM WHICH
POINT A REDWOOD TREE 5" IN DIAMETER BEARS S. 13' 40' E. 0.25 CHS. AND A MAPLE
TREE 9" IN DIAMETER IN A BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 15'
05' E. 0.79 CHS. AND A FALLS IN THE CREEK ON A LEDGE RUNNING NORTH AND SOUTH AND
TWO TO THREE FEET HIGH, 10 LINKS N.E. OF SAID POINT; RUNNING THENCE ALONG SAID
CENTER LINE OF COLLINS CREEK, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY:
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COLLINS CREEK FROM F.R. TO M.B. :
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
S. 50-1/2` W. 1.20 1
S. 37-1/2' W. 1.04 2
S. 45` W. 0.90 3
S. 29-3/4` E. 0.66 4
S. 68-3/4' W. 1.10 5
S. 70-1/4' W. 1.42 6
S. 51-1/2" W. 0.78 7
S. 61` W. 0.90 8 & MB
WHICH ENGINEER'S STATION M.B. BEARS N. 74' W. 0.20 CHS. FROM A REDWOOD TREE 10"
IN DIAMETER MARKED B.T.M.B. ; THENCE LEAVING SAID COLLINS CREEK AND RUNNING ALONG
A BOUNDARY CANYON FROM SAID STATION M.B. TO STATION BB, WITH THE FOLLOWING
COURSES AND DISTANCES NAMELY: BOUNDARY CANYON FROM M.B. TO B.B.
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 28-1/2' W. 1.33 A
N. 40-1/2' W. 2.40 B
N. 54` W. 2.00 C
N. 58-3/4` W. 1.46 D
N. 49' W. 1.67 E
N. 66-1/4` W. 1.25 F
N. 56-3/4` W. 1.66 G
N. 50-1/4' W. 1.55 H
N. 70* W. 1.81 BB
WHICH SAID STATION BB IS MARKED BY A 3" X 3" PICKET IN THE CENTER OF A GULCH AND
MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/2' W.
0.36 CHS. AND A BUCKEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES
BEARS S. 82-1/2" W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED B.T.B.B. ; THENCE S.
54` W. 9 CHS. TO A POINT IN BISSELL LANE AND A PIPE MARKED B.B. FROM WHICH A 4"
X 4" WITNESS POST MARKED B.T.B.B. BEARS N. 54` 50' E. 0.27 CHS. AND A MADRONE
TREE SIMILARLY MARKED 45 INCHES IN DIAMETER BEARS S. 8` W. 2.015 CHS. AND A
POPLAR TREE 16 INCHES IN DIAMETER SIMILARLY MARKED BEARS N. 25-1/2` W. 0. 623
CHS.; THENCE ALONG THE CENTER LINE OF SAID BISSELL LANE, WITH THE FOLLOWING
COURSES AND DISTANCES, NAMELY: BISSELL LANE, CENTER LINE FROM B.B. TO L.D.
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 9-1/2" W. 0. 61 I
N. 23-3/4` W. 0. 62 K
N. 38-1/2` W. 1.00 L
N. 42-1/2` W. 2. 90 M
m T_.14-. .
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N. 54-1/2' W. 0.72 N
N. 67-1/2' W. 0.65 0
N. 84-3/4` W. 1.34 PIPE LD
WHICH PIPE MARKED L.D. BEARS S. 67-1/4* E. 0. 63 CHS. FROM A POPLAR TREE 11" IN
DIAMETER AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STUMP 6 FEET IN DIAMETER AND
10 FEET HIGH, BEARS S. 85- 5' W. 0.77 CHS. ; THENCE LEAVING SAID BISSELL LANE AND
RUNNING ALONG THE ROAD, THE FOLLOWING COURSES AND DISTANCES, NAMELY: FROM "LD".
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 5' W. 1.75 1
N. 24" E. 1. 60 2
N. 5' E. 1.95 3
N. 38` 30' E. 3.50 4
N. 10' W. 2.80 5
N. 37' 30' W. 0.75 6 & KR3
TO THE PLACE OF BEGINNING.
ASSESSOR'S PARCEL NO. 544-31-002
PARCEL NINE:
BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 1985 IN
BOOK J415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST,
M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP
AND RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH
THE CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID
CHASE ROAD TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA
COLLEGE; THENCE SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50
CHAINS, MORE OR LESS, TO THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ
AND J. KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY
AND SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2" EAST 7.39 CHAINS TO A
STAKE MARKED M.C.K. , SOUTH 58-12` WEST 5. 92 CHAINS, SOUTH 8- 30' EAST 0.61
CHAINS, SOUTH 1- WEST 0.83 CHAINS, SOUTH 18` 40' WEST 1.08 CHAINS, SOUTH 4- 45'
WEST 1.06 CHAINS, SOUTH 35" 30' WEST 1.65 CHAINS, SOUTH 72` 30' WEST 1.55
CHAINS, SOUTH 89- 30' WEST 1.15 CHAINS, SOUTH 70` 15' WEST 1.48 CHAINS, SOUTH
81` 20' WEST 1.03 CHAINS, NORTH 89` 52' WEST 7. 35 CHAINS TO STAKE K4M4 IN THE
EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING
NORTH AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST;
THENCE SOUTH 0` 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE
MENTIONED 1/4 SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1
WEST, AS SET IN THE SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0" 12' WEST
3.18 CHAINS; THENCE SOUTH 43" 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE
RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 6; THENCE EAST ALONG
SAID 1/4 SECTION LINE TO THE CENTER OF WEBB CREEK; THENCE UP THE CENTER OF WEBB
EXHUAT .._
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CREEK, BEING ALSO THE EASTERLY LINE OF LOT 3 OF THE RENOWDEN TRACT TO THE
INTERSECTION OF SAID CENTER LINE OF SAID WEBB CREEK WITH THE 1/4 SECTION LINE
RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID SECTION 6; THENCE SOUTHERLY
ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE DOUGHERTY ROAD; THENCE
NORTHEASTERLY ALONG THE CENTER OF SAID DOUGHERTY ROAD TO A STAKE OPPOSITE THE
GATE IN LANE LEADING TO THE RESIDENCE FORMERLY OWNED BY G.R. BISSELL; THENCE
SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING OPPOSITE THE
CENTER OF VINEYARD GATEWAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE THROUGH
THE CENTER OF SAID GATEWAY AND ALONG THE CENTER LINE OF A ROAD BETWEEN CHARBONO
AND MALVOISE GRAPES, BEING THE LINE DIVIDING LANDS FORMERLY OF RANKIN AND
BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LINE OF SAID ROAD TO
THE CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID GULCH TO
THE CENTER OF COLLINS CREEK AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE UP THE CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7,
TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE EAST ALONG SAID LINE BETWEEN SAID
SECTIONS 6 AND 7 AND 5 AND 8 TO THE CENTER OF RAVINE; THENCE DOWN THE CENTER OF
SAID RAVINE TO THE CENTER OF COLLINS CREEK; THENCE UP THE CENTER OF COLLINS
CREEK SOUTHWESTERLY, FOLLOWING THE MEANDERS OF COLLINS CREEK TO THE TRUE POINT
OF BEGINNING.
EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES
CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND
THE RIGHT, PRIVILEGE AND EASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND
BENEFIT OF T.G. MCLERAN, ET AL, AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES
AFORESAID, AND FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAFTER TO
ENTER UPON THE ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES
AND ASSISTANTS TO PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO
EXTRACT AND WORK THE SAME, AS CONVEYED TO T.G. MCLERAN, ET AL BY INDENTURE
RECORDED OCTOBER 19, 1865 IN BOOK U OF DEEDS, PAGE 220 OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) 544-33-003
PARCEL TEN:
BEGINNING AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED 111/4 SEC." AND BEING THE
1/4 SECTION CORNER BETWEEN SECTIONS 31, T8S. , R1W AND SECTION 6, T9S, R1W; AND
RUNNING THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 89-1/4` E.
15 CHAINS TO A MADRONE TREE 4 FEET IN DIAMETER MARKED WITH 3 NOTCHES FORE AND
AFT (EAST AND WEST) FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO
BEING THE NORTHEAST CORNER OF THE 21. 14 ACRE TRACT DEEDED BY DORA KOPPITZ AND J.
KOPPITZ TO W.C. MAHONEY BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND
SOUTHERLY LINE OF SAID MAHONEY LOT, SOUTH 14-1/2` WEST 7.39 CHAINS TO A STAKE
MARKED M.C.K., SOUTH 58-1/2` WEST 5.92 CHAINS, SOUTH 86 30' EAST 0. 61 CHAINS,
SOUTH 12' WEST 0.83 CHAINS, SOUTH 18" 40' WEST 1.08 CHAINS, SOUTH 4" 45' WEST
1.06 CHAINS, SOUTH 35- 30' WEST 1.65 CHAINS, SOUTH 72- 30' WEST 1.55 CHAINS,
SOUTH 89' 30' WEST 1.15 CHAINS, SOUTH 70` 15' WEST 1.48 CHAINS, SOUTH 81` 20'
WEST 1.03 CHAINS, NORTH 89' 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE EASTERLY
LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH AND
SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE
ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID
. T
IL- Page 10 of 19 Pages ,+,
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SECTION 6, NORTH 15. 63 CHAINS TO THE POINT OF BEGINNING, AND BEING A PORTION OF
SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M.
ASSESSOR'S PARCEL NO. 544-31-004
PARCEL ELEVEN:
BEING A PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 1985 IN
BOOK J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER
SECTION CORNER IN THE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOWNSHIP 9
SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST
CORNER OF LAND OF MAHONEY (AS EXISTING ON MAY 26, 1892, FORMERLY OF KOPPIT2) ;
THENCE RUNNING ALONG SAID LINE (BEING THE TOWNSHIP LINE) EAST, ONE QUARTER OF A
MILE, TO THE MIDDLE OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6;
THENCE AT RIGHT ANGLES NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD, THENCE
RUNNING ALONG SAID CHASE ROAD IN A GENERAL WESTERLY DIRECTION TO THE NORTHEAST
CORNER OF THE LAND OF H. PETERSON (AS EXISTING ON MAY 26, 1892) ; THENCE SOUTH
ALONG THE EAST LINE OF SAID PETERSON'S LAND (AS EXISTING ON MAY 26, 1892) ALONG
FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO THE ROAD LEADING FROM SAID
CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) ;
THENCE ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT FROM WHICH A
STRAIGHT LINE DRAWN TO THE REDWOOD TREE, THE PLACE OF BEGINNING, WILL PASS SOUTH
OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS SITUATED
ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE ROAD
TO SAID PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) AND NEAR THE
WESTERN BOUNDARY OF THE LAND HEREBY CONVEYED, WHICH SPRING ISSUES AT A LARGE
REDWOOD STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA
LAURELS; THENCE FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE
PLACE OF BEGINNING; AND BEING A PART OF LOTS 10 AND 12 OF THE SUBDIVISION OF THE
RENOWDEN TRACT AS SHOWN UPON THE MAP THEREOF OF RECORD IN THE COUNTY RECORDER'S
OFFICE OF SAID COUNTY OF SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51.
BEING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.B.
RENOWDEN, ET AL, BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF DEEDS,
PAGE 529, ET SEQ., IN THE COUNTY RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA,
TO WHICH DEED AS THERE RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR
DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND 544-30-002 (PORTION)
PARCEL TWELVE:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF°COMPLIANCE RECORDED ON MAY 1,
1985 IN BOOK J334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE
QUARTER (1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, T.9.S.R.l.W. ,
M.D.M. , SAID POINT OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF
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MAHONEY (AS EXISTING ON JULY 6TH, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING
ALONG THE 1/4 SECTION LINE SOUTH 5.16 CHAINS TO A STAKE MARKED "5411, FROM WHICH
A BLACK OAK MARKED "B.T.R.55" BEARS S. 3" 30" W. 54 LINKS DISTANT; THENCE
RUNNING ALONG THE CENTER LINE OF THE ROAD LEADING FROM THE CHASE ROAD TO THE
PREMISES OF J.B. RENOWDEN (AS EXISTING ON JULY 6TH, 1892) WITH THE FOLLOWING
COURSES AND DISTANCES: S. 56' 37' W. 1.50 CHAINS; S. 73` 15' W. 0.61 CHAINS; N.
60' 45' W. 1. 94 CHAINS; N. 74' 30' W. 1.03 CHAINS; S. 70` 52' W. 0.59 CHAINS; S.
54' 30' W. 1.77 CHAINS; S. 47' W. 0.26 CHAINS; S. 88' W. 0.45 CHAINS; N. 54` 15'
W. 0.53 CHAINS, AND N. 36' 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND
RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF THE PRESIDENT AND BOARD OF
TRUSTEES OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1892) N. 60` 45' E.
9.95 CHAINS TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 10 OF THE
RENOWDEN SUBDIVISION, AS RECORDED IN BOOK "C", PAGE 51 OF MAPS, IN THE COUNTY
RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16' 30'
E. BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF
SANTA CLARA COLLEGE BY J.B. RENOWDEN, BY DEED DATED JULY 6TH, 1892, OF RECORD IN
LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID
COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY
SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-30-002 (PORTION)
PARCEL THIRTEEN:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1,
1985 IN BOOK J334, PAGE 1828 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE STANDING IN THE NORTH LINE OF SECTION SIX (6) , TOWNSHIP
NINE (9) SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE
BEING DISTANT TWENTY (20) CHAINS EAST FROM A REDWOOD TREE 24 INCHES IN DIAMETER,
BEING THE OFFICIAL 1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6,
T. 9.S.R.1W. ; THENCE ALONG SAID LAST DESCRIBED SECTION LINE N. 89` 45' E. 9.00
CHAINS TO A 2" X 3" STAKE; THENCE NORTH 0.455 CHAINS TO THE CENTER LINE OF THE
CHASE ROAD; THENCE RUNNING ALONG THE CENTER LINE OF SAID ROAD, WITH THE
FOLLOWING COURSES AND DISTANCES; N. 82' 35' W. 0. 68 CHAINS; N. 71` 15' W. 1.51
CHAINS; N. 67' 40' W. 3.33 CHAINS; N. 75* W. 1.06 CHAINS; N. 78` 30' W. 1.12
CHAINS; AND N. 74` 54' W. 1.745 CHAINS TO A POINT FROM WHICH A 2 X 3 INCH
WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE 3.28 CHAINS TO THE PLACE
OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION, RECORDED
IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF SANTA
CLARA; COURSES TRUE, MAG. VAR. 16` 30' EAST.
BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES •OF SANTA
CLARA COLLEGE BY JOSEPH RENOWDEN, ET AL, BY DEED DATED AUGUST 17, 1892, OF
RECORD IN LIBER I50 OF DEEDS, PAGE 496 ET SEQ. IN THE COUNTY RECORDER'S OFFICE
OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS
HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-28-004 (PORTION)
LXHWIT
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ORDER NO. 493158-MM
update
PARCEL FOURTEEN:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27,
1985 IN BOOK J303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE 2-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID
POINT OF BEGINNING BEING N. 64' 44' E. 1.17-1/2 CHAINS FROM THE SOUTHWEST CORNER
OF LOT NO. 11 OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS
OF SANTA CLARA COUNTY, CALIFORNIA; THENCE N. 6` 5' E. 1.71-1/2 CHAINS; S. 58` E.
1. 95 CHAINS TO A STAKE, FROM WHICH BEARS A MADRONE TWO FEET IN DIAMETER S. 58`
E. 3 LINKS MARKED B.T.L.G.N.3; THENCE S. 70` W. 1.94 CHAINS TO THE PLACE OF
BEGINNING, BEING PART OF LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C,
PAGE 51 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA, AND BEING SITUATED IN SECTION
31, T.8 S.R. 1 W. M.D.M.
Assessor's Parcel No. 544-29-006
EXCEPTING FROM PARCELS ONE THROUGH FOURTEEN:
Any and all timber growing, standing, lying, or down, together with all rights
to harvest same, with free and unrestricted access to the real property for the
purpposes of severing and removing the timber conveyed therein, including, but
not limited to, the free and unrestricted use of any and all roads and roadways
located upon the real property, togethre with the right to construct such
roadway(s) as may be required in order to harvest the timber conveyed therein,
as conveyed by Hong Kong Metro Realty Company, Inc., a California Corporation
to Arlie Land and Cattle Company, an Oregon Corporation, by deed recorded August
14, 1996 as instrument number 13408132 and as concurrently conveyed by Arlie
Land and Cattle Company, an Oregon Corporation to Big Creek Lumber Company,
Inc., a California Corporation by deed recorded August 14, 1996 as instrument
number 13408133.
A544-28-4, 544-29-6; 544-30-2 and 3, 544-31-2,3 and 4
544-33-3, 14, 544-50-1; 544-35-6
cr/ci/bf 2-28-00
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At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes and assessments, general and special, for the fiscal year 2001-2002 a
lien, but not yet due or payable.
2. Taxes for the fiscal year 2000-01. Bill No. : 544-29-006 Code Area: 75000
First Installment: $24.41, delinquent 10% penalty $2.44
Second Installment: $24.41, Delinquent, Cost & 10% Penalty $12.44
The above installments include a property tax exemption of none.
3. Taxes for the fiscal year 2000-01. Bill No. : 544-30-002 Code Area: 75000
First Installment: $73.44, Delinquent, 10% Penalty $7.34
Second Installment: $73.44, Delinquent, Cost & 10% Penalty $17.34
The above installments include a property tax exemption of none
4. Taxes for the fiscal year 2000-01. Bill No. : 544-30-003 Code Area: 75000
First Installment: $281.72, Delinquent, 10% Penalty $28.17
Second Installment: $281.72, Delinquent, Cost & 10% Penalty $38.17
The above installments include a property tax exemption of none.
5. Taxes for the fiscal year 2000-01. Bill No. : 544-31-002 Code Area: 80007
First Installment: $274.84, Delinquent, 10% Penalty $27.48
Second Installment: $274.84, Delinquent, Cost & 10% Penalty $37.48
The above installments include a property tax exemption of none.
6. Taxes for the fiscal year 2000-01. Bill No. : 544-31-003 Code Area: 75000
First Installment: $89.33, Delinquent, 10% Penalty $8.93
Second Installment: $89.33, Delinquent, Cost & 10% Penalty $18. 93
The above installments include a property tax exemption of none.
7. Taxes for the fiscal year 2000-01. Bill No. : 544-31-004 Code Area:75000
First Installment: $61.60, Delinquent, 10% Penalty $6.16
Second Installment: $61. 60, Delinquent, Cost & 10% Penaltyf $16.16
The above installments include a property tax exemption of none.
8. Taxes for the fiscal year 2000-01. Bill No. : 544-33-003 Code Area:80007
First Installment: $211.79, Delinquent, 10% Penalty $21.17
Second Installment: $211.79, Delinquent, Cost & 10% Penalty $31.17
The above installments include a property tax exemption of none.
9. Taxes for the fiscal year 2000-01. Bill No. : 544-33-014 Code Area:80007
First Installment: $193.78, Delinquent, 10% Penalty $19.37
Second Installment: $193.78, Delinquent, Cost & 10% Penalty $29.37
The above installments include a property tax exemption of none.
LX, H8 • .,,
Page 14 of 19 Pages Page
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OLD REPUBLIC TITLE COMPANY
ORDER NO. 493158-MM
update
10. Taxes for the fiscal year 2000-01. Bill No. : 544-50-001 Code Area: 80007
First Installment: $223.45, Delinquent, 10% Penalty $22.34
Second Installment: $223.45, Delinquent, Cost & 10% Penalty $32.34
The above installments include a property tax exemption of none.
11. Taxes for the fiscal year 2000-01. Bill No. : 544-56-004 Code Area:80007
First Installment: $194. 94, Delinquent, 10% Penalty $19.94
Second Installment: $194.94, Delinquent, Cost & 10% Penalty $29. 94
The above installments include a property tax exemption of none.
12. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, et seq. , of the Revenue and Taxation Code of the State of
California.
13. Rights of the public, County and/or City, in and to that portion of said land
lying within the lines of ANY EXISTING PUBLIC ROADS.
14. Any easement for water course over that portion of said land lying within ANY
CREEKS, PONDS OR LAKES ON OR BOUNDING SAID PROPERTY and any changes in the
boundary lines of said land that have occurred or may hereafter occur from natural
causes.
15. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to GEORGE K. WHITE
For RIGHT OF WAY
Recorded April 2nd, 1868 in Book 8 of Deeds, Page 582
Affects 12 FOOT STRIP ALONG COLLINS CREEK AKA FROMENT CREEK
16. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to F.M. STATLER
For WATER PIPELINE AND ROAD
Recorded September 19th, 1873 in Book E of Miscellaneous Records, Page 297
Affects PARCELS 7, 8, 9, AS TO WATER PIPELINE AND PARCEL 1 AS TO ROAD
17. Agreement for RIGHT TO CONDUCT WATER THROUGH A ONE INCH PIPE
Executed by JAMES C. MOODY AND HENRY C. TOZER
On the terms, covenants and conditions contained therein,
Recorded September 16th, 1898 in Book 6 of Miscellaneous Records , Page 325
(AFFECTS PARCELS 7, 8 AND 9) .
_..e"ail" T
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ORT 3157-E
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ORDER NO. 493158-MM
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18. POSSIBLE WATER PIPELINE OVER LOT 9 OF PARCEL ONE, DISCLOSED BY DEED RECORDED
AUGUST 27, 1887 IN BOOK 95 OF DEEDS, PAGE 236.
19. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the fallowing instrument:
Granted to C. RAPETTI, ET AL
For TELEPHONE LINE
Recorded October 19th, 1909 in Book 350 of Deeds, Page 291
Affects PARCELS 1 AND 9
20. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
For WATER PIPELINE, INGRESS AND EGRESS
Recorded May 23rd, 1916 in Book 441 of Official Records, Page 393
Affects PORTION OF PARCEL 6
21. Agreement for DIVERSION OF WATER OF THE COLLINS CREEK
Executed by : MONTEZUMA MOUNTAIN RANCH SCHOOL
and Between : HARRY L. TEVIS
On the terms, covenants and conditions contained therein,
Recorded May 21st, 1926 in Book 240 of Official Records, Page 488
MODIFICATIONS) THEREOF RECORDED: JUNE 6, 1926 IN BOOK 251 PAGE 89, OFFICIAL
RECORDS.
SAID AGREEMENTS WERE ASSIGNED TO SISTERS OF THE PRESENTATION, A CALIFORNIA
CORPORATION, BY INSTRUMENT RECORDED AUGUST 24, 1956 IN BOOK 3587 OF OFFICIAL
RECORDS, PAGE 569.
AFFECTS: PARCELS 8 AND 9 AND OTHER PROPERTY.
22. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION
For SINGLE LINE OF POLES
Recorded January 19th, 1935 in Book 719 of Official Records, Page 158
Affects PARCELS 2, 7 AND 10
23. An facts rights, interests or claims which a correct survey would show.
Y g y
NOTE: In connection therewith, AS FOLLOWS:
kXHISIT
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A) POSSIBLE BOUNDARY DISCREPANCY (GAPS OR OVERLAPS) BETWEEN THE EASTERLY LINE OF
PARCEL 9 AND CONTIGUOUS PROPERTY AS DISCLOSED BY RECORD OF SURVEY MAP RECORDED
AUGUST 19, 1970 IN BOOK 271 OF MAPS, AT PAGE 52.
B) POSSIBLE BOUNDARY DISCREPANCIES (GAPS OR OVERLAPS) BETWEEN THE NORTHERLY
LINES OF PARCELS 7, 11, 13 AND CONTIGUOUS PROPERTIES DUE TO THE LACK OF A DEFINITE
RECORD LOCATION OF CHASE ROAD.
C) POSSIBLE BOUNDARY DISCREPANCY (GAPS OR OVERLAPS) BETWEEN THE SOUTHEASTERLY
LINE OF PARCEL 7 AND CONTIGUOUS PROPERTY DUE TO THE LACK OF A DEFINITE RECORD
LOCATION OF BEAR CREEK (AKA DOUGHERTY) ROAD.
D) POSSIBLE INTERNAL BOUNDARY DISCREPANCIES (GAPS OR OVERLAPS) BETWEEN VARIOUS
PARCELS DESCRIBED HEREIN DUE TO THE LACK OF DEFINITE RECORD LOCATIONS OF VARIOUS
ROADS AND/OR OTHER LINES USED AS BOUNDARIES IN THE DESCRIPTIONS THEREOF.
24. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to PRESENTATION CENTER
For UNDERGROUND WATER PIPELINES, PUMPING PLANTS, METERS, AND RELATED
FACILITIES AND RIGHTS INCIDENTAL THERETO, INCLUDING BUT NOT LIMITED TO: GRADING,
EXCAVATION, PAVING, MAINTENANCE, REPAIR, AND REPLACEMENT, INCLUDING RIGHTS OF
INGRESS AND EGRESS
Recorded August 27th, 1993 in Book M969 of Official Records, Page 0931
Affects PARCEL 8, AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT
Affects this and other property.
25. SUCH EASEMENTS OR OTHER RIGHTS FOR THE ACCESS, MAINTENANCE AND USE OF THE
(TIMBER) (TIMBER RIGHTS) CONVEYED BY INSTRMENT RECORDED AUGUST 14, 1996,
INSTRUMENT NO. 13408133, OFFICIAL RECORDS.
j
H1'„ -
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26. Irrevocable Offer to Dedicate Title in Fee
Dated February 15, 2000
By Peninsula Open Space Trust
Recorded February 28, 2000, Series No. 15163908
27. Deed of Trust to secure an indebtedness of the amount stated below and any
other amounts payable under the terms thereof,
Amount $3,000, 000.00
Trustor/Borrower : PENINSULA OPEN SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC
BENEFIT CORPORATION
Trustee : Old Republic Title Company, a California Corporation
Beneficiary/Lender : California State Coastal Conservancy
Recorded : February 28th, 2000 in Official Records under Recorder's
Serial Number 15163909
28. Water rights, claims or title to water, whether or not shown by the public
records.
29. Facts which would be disclosed by a comprehensive survey of the premises
herein described.
30. Mechanics', Contractors' or Materialmen's liens and lien claims, if any,
where no notice thereof appears on record.
31. Rights and claims of parties in possession.
32. Any facts, rights, interests or claims which are not shown by the public
records, but which could be ascertained by making inquiry of the adjacent land
owners and those in possession thereof, excepting therefrom Arlie Land and Cattle
Company.
-------------------- Informational Notes --------------------
1. The last recorded instrument(s) conveying record title to the premises is/are:
A deed executed by Hong Kong Metro Realty Company, Inc., a California Corporation
to Arlie Land and Cattle Company, an Oregon Corporation, recorded October 15th,
1997 in Official Records, under Recorder's Serial Number 13674047
A deed executed by Hong Kong Metro Realty Company, Inc., a California Corporation
to Arlie Land and Cattle Company, an Oregon Corporation, recorded January 12th,
1998 in Official Records, under Recorder's Serial Number 14006511
k
Page 18 of 19 -Pages
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OLD REPUBLIC TITLE COMPANY
ORDER NO. 493158-MM
update
A deed executed by Hong Kong Metro Realty Company, Inc. to Arlie Land and Cattle
Company, an Oregon Corporation, recorded January 12th, 1998 in Official Records,
under Recorder's Serial Number 14006515
A deed executed by Arlie Land and Cattle Company to Midpeninsula Regional Open
Space District, a public district, recorded July 15th, 1999 in Official Records,
under Recorder's Serial Number 14895907
A deed executed by Midpeninsula Regional Open Space District to PENINSULA OPEN
SPACE TRUST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, recorded July
15th, 1999 in Official Records, under Recorder's Serial Number 14895908
The last conveyance affecting said land recorded within the last two years, prior
to the date of this Report are: SEE ABOVE
2. County recorder will charge an additional $ 10.00 "Monument User Fee" to
record 4 Grant Deed using the legal description in this report.
3. The mailing address of the vestee as shown in the records is: 300 Sand Hill
Road, Building 4, Suite 135, Menlo Park, Ca. 94025
EXHIBIT
Page 19 of 19 Pages
ORT 3157-E
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
HOMEOWNER'S POLICY OF TITLE INSURANCE(1998)
EXCLUSIONS
In addition to the Exceptions in Schedule 13,You are not insured against loss,costs,attorneys'fees,and expenses resulting from:
1 Governmental policy 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. I his 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 I and 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.
S. 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.
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY(1990)
EXCLUSIONS
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 of or area of the land or any parcel of which the land is or was a part; or 60 environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of 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;
(e) or 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.
EXCEPTIONS
In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from:
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.
LXHIBIT
(Continued on next page)
ORT 3157-J
rage
-k-of
EXHIBIT A(Continued)
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 right-s,claims or title to water,whether or
not the matters excepted under(a),(b)or(c)are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(11992)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;60 the characterdimensions 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 pan;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 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 creating 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.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY(1987)
EXCLUSIONS
In addition to the exceptions in Schedule 6,you are not insured against loss,costs,attorney's fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws
and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit
the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning k unless:
a notice of exercising the right appears in the public records on the Policy Date.
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3, Title Risks:
that are created,allowed,or agreed to by you
that are known to you,but not to us,on the Policy Date-unless they appear 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 hem 8 of Covered Title Risks.
4. Failure to pay value for your tide.
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.
ORT 3157-K Continued on next page)
Page
EXHIBIT A(Continued)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY(1987)WITH REGIONAL EXCEPTIONS
EXCLUSIONS
In addition to the exceptions in Schedule 8,you are not insured against loss,costs,attorneys'fees and expenses resulting from:
1. Govermental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
v I
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it,unless:
a notice of appears exercisin the right in the public records on the Policy Date.
g g
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 appear 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.
REGIONAL EXCEPTIONS
In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry
of parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of Covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions
in patents or in acts authorizing the issuance thereof.
r
ORT 3157-L
I
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Order No. 493158-MM
EXHIBIT "A"
The land referred to is situated in the State of California, County of Santa Clara,
in the unincorporated area, and is described as follows:
PARCEL ONE:
ALL OF LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 AS SHOWN UPON THAT CERTAIN MAP ENTITLED,
"MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT", WHICH MAP WAS FILED FOR RECORD ON
JANUARY 20, 1888 IN BOOK C OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS.
ASSESSOR'S PARCEL NO. 544-30-003 (PORTION) AND 544-30-002 (PORTION)
PARCEL TWO:
BEING ALL OF THE PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MAY 7, 1985
IN BOOK J339 PAGE 607 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
ALL OF LOT 10 OF THE RENOWDEN TRACT, AS LAID DOWN AND DELINEATED UPON A MAP ENTITLED,
"MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT" WHICH MAP WAS FILED FOR RECORD IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY
20, 1888 AND RECORDED IN VOLUME "C" OF MAPS, AT PAGE 51.
EXCEPTING THEREFROM THAT PARCEL OF LAND CERTIFIED IN CERTIFICATE OF COMPLIANCE NO.
2325-24-46-84CC, ISSUED BY THE SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND
RECORDED WITH NO. 8396378 IN SANTA CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985.
ALSO EXCEPTING THEREFROM SO MUCH OF SAID LOT NO. 10 THAT LIES WITHIN THE PARCEL OF
LAND AS CERTIFIED IN CERTIFICATE OF COMPLIANCE NO. 2324-25-46-84CC, ISSUED BY THE
SANTA CLARA COUNTY LAND DEVELOPMENT COORDINATOR AND RECORDED WITH NO 8373075 IN SANTA
CLARA COUNTY OFFICIAL RECORDS ON MARCH 5, 1985.
i
ALSO EXCEPTING THEREFROM ALL OF LOT 10 THAT LIES WITHIN THE PARCEL OF LAND CONVEYED
BY CHAS. MCKIERMAN, ET AL, TO HERMAN PETERSON, BY DEED RECORDED IN VOLUME 95 AT PAGE
236, SANTA CLARA COUNTY OFFICIAL RECORDS, ON AUGUST 27, 1887.
ASSESSOR'S PARCEL NO. 544-30-002 (PORTION)
I
PARCEL THREE:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN
BOOK J302 PAGE 1164 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE STANDING IN THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION
6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID STAKE BEING 200 FEET EAST FROM THE SOUTHWEST
CORNER OF SAID QUARTER SECTION; AND RUNNING THENCE WEST ALONG SAID SOUTH LINE OF SAID
QUARTER SECTION 200 FEET TO THE SAID SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE
NORTH AND ALONG THE WEST LINE OF SAID NORTHEAST 1/4 SECTION 6, TOWNSHIP 9 SOUTH,
RANGE 1 WEST, 210 FEET TO A STAKE; THENCE IN A STRAIGHT LINE SOUTHEAST TO THE PLACE
OF BEGINNING.
ASSESSOR'S PARCEL NO. 544-30-003 (PORTION)
PARCEL FOUR:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN
BOOK J302 PAGE 1160 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
THE EAST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 7, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-50-001
PARCEL FOUR A:
A RIGHT OF WAY APPURTENANT TO PARCEL NO. FOUR ABOVE DESCRIBED, FOR THE PURPOSES OF
ORDINARY TRAVEL, AS GRANTED BY STANDARD OIL COMPANY, A CORPORATION TO EDWARD W.
GORDON, BY INSTRUMENT DATED JUNE 9, 1909 AND RECORDED JUNE 16, 1909 IN BOOK 345 OF
DEEDS, AT PAGE 205, WHICH RIGHT OF WAY IS 15 FEET WIDE, THE CENTERLINE OF WHEREOF IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS EIGHT AND SIXTY-TWO HUNDREDTHS (8.62) CHAINS NORTH OF
THE CENTER OF SAID SOUTHEAST QUARTER (S.E. 1/4) ; RUNNING THENCE SOUTH 66' WEST ONE
AND FORTY-FIVE HUNDREDTHS (1.45) CHAINS; THENCE SOUTH 74' WEST ONE AND EIGHTY-FIVE
HUNDREDTHS (1.85) CHAINS; THENCE SOUTH 68` 15' WEST TWO AND FIVE HUNDREDTHS (2.05)
CHAINS; THENCE SOUTH 86` 15' WEST ONE AND SIXTY HUNDREDTHS (1. 60) CHAINS SOUTH 68`
30' WEST TWO AND EIGHT HUNDREDTHS (2.08) CHAINS; THENCE TWO AND SEVENTY-FOUR
HUNDREDTHS (2.74) CHAINS; THENCE NORTH 59' WEST ONE AND SIXTY HUNDREDTHS (1. 60)
CHAINS; THENCE NORTH 31' 50' WEST FOUR AND THIRTY-SEVEN HUNDREDTHS (4.37) CHAINS;
THENCE NORTH 5` WEST ONE AND FIFTEEN HUNDREDTHS (1.15) CHAINS.
PARCEL FIVE:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 26, 1985 IN
BOOK J302, PAGE 1166 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT A 3" X 4" POST AND IRON PIPE STANDING AT THE COMMON CORNER OF SECTIONS
5, 6, 7 AND 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, AT THE
NORTHWESTERLY CORNER OF THAT CERTAIN 80 ACRE TRACT IN SAID SECTION 8 CONVEYED BY D.E.
WISEMAN, ET UX, TO JESSIE ROBERTSON BY DEED DATED SEPTEMBER 13, 1913 AND RECORDED IN
VOLUME 408 OF DEEDS, AT PAGE 104, ET SEQ. IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF SANTA CLARA AND RUNNING THENCE SOUTHERLY AND ALONG THE LINE BETWEEN
SECTIONS 7 AND 8 WHICH HERE FORMS THE WESTERLY LINE OF SAID 80 ACRE TRACT, SOUTH 0"
11' EAST 18.90 CHAINS, TO A 6" X 6" POST AND IRON PIPE STANDING AT THE SOUTHWESTERLY
CORNER OF SAID 80 ACRE TRACT, AND FORM WHICH A REDWOOD 20" IN DIAMETER BEARS SOUTH
38-3/4` WEST 0.55 CHAINS, AND A REDWOOD 12" IN DIAMETER BEARS NORTH 57-3/4' WEST,
0.55 CHAINS, BOTH TREES MARKED "B.T. .1/8S"; THENCE EASTERLY AND ALONG THE SOUTHERLY
LINE OF SAID 80 ACRE TRACT, SOUTH 89` 56' EAST 15.18 CHAINS TO A 2" X 3" STAKE MARKED
"T.R.2" FROM WHICH A FORKED MADRONE 14" IN DIAMETER BEARS SOUTH 82-1/2` EAST, 0.027
CHAINS AND A REDWOOD 22" IN DIAMETER BEARS NORTH 44" WEST 1.273 CHAINS, BOTH TREES
MARKED "B.T.T.R.2"; THENCE NORTHERLY AND ALONG THE LINE PARALLEL TO SAID LINE BETWEEN
SAID SECTIONS 7 AND 8, NORTH 0` 11' WEST 19. 15 CHAINS TO A 2" X 3" STAKE MARKED T.R.
1 STANDING IN THE LINE BETWEEN SAID SECTIONS 5 AND 8, AND FROM WHICH A MADRONE 10" IN
DIAMETER BEARS NORTH 56 3/4` WEST 0.087 CHAINS, AND A FORKED TAN OAK 16" IN DIAMETER
BEARS NORTH 64-3/4` EAST 0.39 CHAINS, BOTH TREES BEING MARKED "B.T.T.R.1"; AND THENCE
WESTERLY AND ALONG SAID LINE BETWEEN SAID SECTIONS 5 AND 8, WHICH HERE FORMS THE
Page ' '
NORTHERLY BOUNDARY OF SAID 80 ACRE TRACT, SOUTH 89' 08' WEST 15.18 CHAINS TO THE
POINT OF BEGINNING; BEING A PART OF THE ABOVE MENTIONED 80 ACRE TRACT IN SECTION 8,
TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-33-014
PARCEL SIX:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN
BOOK J303 PAGE 921 OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT THE OFFICIAL QUARTER SECTION CORNER IN THE LINE DIVIDING SECTIONS 7 AND
8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN; AND RUNNING THENCE
ALONG THE SECTION LINE BETWEEN SAID SECTIONS 7 AND 8, NORTH 0` 11' WEST 18.90 CHAINS
TO A 6" X 6" POST MARKED 1/8 S. AND 2" PIPE STANDING AT THE SOUTHWEST CORNER OF THE
TRACT OF LAND CONVEYED BY JESSIE ROBERTSON AND W.J. ROBERTSON TO HARRY L. TEVIS, BY
DEED DATED JANUARY 15, 1916 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SANTA CLARA COUNTY IN VOLUME 438 OF DEEDS, AT PAGE 332; RUNNING THENCE ALONG THE
SOUTH LINE OF SAID 28.88 ACRE TRACT AND THE PROLONGATION THEREOF, EASTERLY SOUTH 89`
56' EAST, 15.765 CHAINS TO A POINT FROM WHICH THE SOUTHEAST CORNER OF THE ABOVE
MENTIONED 28.88 ACRE TRACT BEARS NORTH 89' 56' WEST 0.585 CHAINS; RUNNING THENCE
PARALLEL TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID 28.88 ACRE TRACT,
SOUTH 0" 11' EAST 19.15 CHAINS TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF THE LAND
OF E.W. BIDDLE AND IN THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH THE
CENTER OF SAID SECTION 8; RUNNING THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
LAND OF BIDDLE AND ALONG SAID QUARTER SECTION LINE NORTH 89' 5' WEST, 15.765 CHAINS
TO THE PLACE OF BEGINNING; AND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
OF SAID SECTION 8, TOWNSHIP 9 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN.
ASSESSOR'S PARCEL NO. 544-56-004
PARCEL SEVEN:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 6, 1985 IN
BOOK J420 PAGE 731 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST,
M7D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND
RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE
CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD
TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE
SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO
THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY
BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY
LOT, SOUTH 14-1/2' EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-1/2' WEST 5.92
CHAINS, SOUTH 8' 30' EAST 0. 61 CHAINS, SOUTH 1' WEST 0.83 CHAINS, SOUTH 18' 40' WEST
1.08 CHAINS, SOUTH 4` 45' WEST 1.06 CHAINS, SOUTH 35- 30' WEST 1.65 CHAINS, SOUTH 72-
30' WEST 1.55 CHAINS, SOUTH 89' 30' WEST 1.15 CHAINS, SOUTH 70- 15' WEST 1.48 CHAINS,
SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89' 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE
EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH
AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE
SOUTH 0` 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4
SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE
SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0' 12' WEST 3. 18 CHAINS; THENCE SOUTH
43` 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH
THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER
PagesAH6 .
Z) 2C4
OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF
LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB
CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID
SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE
DOUGHERTY ROAD; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE CENTER OF
DOUGHERTY ROAD TO THE THIRD POINT OF INTERSECTION OF THE SECTION LINE BETWEEN
SECTIONS 5 AND 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, SAID POINT BEING APPROXIMATELY 220
FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 6; THENCE NORTH ALONG SAID SECTION LINE
TO THE POINT OF BEGINNING.
ASSESSOR'S PARCEL NO. 544-31-003
PARCEL EIGHT:
BEING THAT PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 3, 1985 IN
BOOK J310, PAGE 662 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE TRACT OF LAND FORMERLY BELONGING TO GEO. H. BASSETT AND WIFE,
LOCATED IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.M. , ACQUIRED BY DEED DATED
JUNE 18, 1902, MADE BY WM. B. RANKIN, ET AL TO GEO H. BASSETT, ET AL, WHICH DEED IS
RECORDED IN VOL. 252 OF DEEDS, PAGE 490, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA
WHICH PORTION OF SAID LANDS WHEREIN CONVEYED IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS: TO WIT:
BEGINNING AT A POINT IN THE CENTER LINE OF DOUGHERTY ROAD WHERE THE SAME IS
INTERSECTED BY THE PROLONGATION EASTERLY OF THE SOUTHERLY LINE OF LOT 6, AS THE SAME
IS DESIGNATED AND DELINEATED ON THE MAP OF THE SUBDIVISION OF THE RENOWDEN TRACT,
WHICH MAP IS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA IN BOOK "C" OF MAPS, PAGE 51, SAID PORTION OF COMMENCEMENT
BEING DESIGNATED AS ENGINEER'S STATION K.R.3 AS SET BY A.T. HERRMANN OF HERRMANN
BROS. , SURVEYORS AND C.E. 'S, SAN JOSE, CALIFORNIA AND SHOWN ON A MAP OF SURVEY OF THE
PROPERTY OF SAID DR. GEO H. BASSETT AND WIFE, IN SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1
WEST, M.D.M. , SURVEYED BY SAID A.T. HERRMANN ON AUGUST 4, 5 AND 6, 1903, FROM WHICH
STATION K.R.3. A MADRONE TREE 10" IN DIAMETER BEARS S. 87` 30' W. 47 LINKS AND A TAN
OAK TREE 8" IN DIAMETER BEARS N. 53` 35' W. 0.667 CHAINS; THENCE ALONG THE SAID
DOUGHERTY ROAD FROM STATION K.R.3. THE FOLLOWING COURSES AND DISTANCES, AS SO
SURVEYED BY SAID A.T. HERRMANN AND DESCRIBED ON SAID MAP OF SUCH SURVEY, NAMELY:
DOUGHERTY ROAD, FROM K.R.3 NORTHWARD.
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 30-1/2' W. 1.00 1
N. 9' W. 1.50 2
N. 16-1/2` E. 1.00 3
N. 44-1/2' E. 0.75 4
N. 86' 45' E. 1.30 5
N. 39` E. 2.36 6
N. 40` W. 2.50 7
N. 0' 45' W. 1.50 8
N. 14` 15' E. 3.25 9
N. 66' 15' E. 1.50 10
N. 88` 45' E. 2.22 11
N. 79' 45' E. 2.17 12
S. 61` 0' E. 2.45 13
S. 75-1/4' E. 0. 62 14
Page 4
N. 42' 15' E. 5.90 15
N. 58' 45' E. 1.30 16
S. 89' 16' E. 1.70 17
N. 37' 30' E. 2.40 18
N. 56` E. 2.68 19
N. 76' 30' E. 1.75 20
S. 72' 15' E. 1.25 21
S. 45' 45' E. 2.20 22
S. 32' 30' E. 2.80 23
S. 41' 45' E. 1.45 24
S. 63' 15' E. 1.65 25
N. 65' 45' E. 0.355 26
WHERE A 1-1/4" IRON PIPE IS SET, FROM WHICH PIPE A VAL. OAK TREE 25" IN DIAMETER
MARKED B, BEARS S. 70-3/4' E. 1.12 CHS. AND A LIVE OAK TREE 6" IN DIAMETER BEARS N.
83-1/4' W. 0.45 CHS; THENCE SOUTH 0' 23' E. 14.13 CHS. TO A STATION NUMBER 1/4S WHERE
A 4" X 4" STAKE AND IRON PIPE IS SET, AND FORM WHICH A BLACK OAK 24 INCHES IN
DIAMETER BEARS S. 12' E. 0.54 CHS. AND A MADRONE TREE 10" IN DIAMETER BEARS S.
67-1/2' E. 0.29 CHS.; THENCE SOUTH 0' 06' E. 14.64 CHS. TO A POINT IN THE CENTER LINE
OF COLLINS CREEK DESIGNATED ENGINEER'S STATION F.R. ; FROM WHICH POINT A REDWOOD TREE
5" IN DIAMETER BEARS S. 13' 40' E. 0.25 CHS. AND A MAPLE TREE 9" IN DIAMETER IN A
BUNCH OF 6 LARGE AND 12 SMALL MAPLE TREES BEARS N. 15" 05' E. 0.79 CHS. AND A FALLS
IN THE CREEK ON A LEDGE RUNNING NORTH AND SOUTH AND TWO TO THREE FEET HIGH, 10 LINKS
N.E. OF SAID POINT; RUNNING THENCE ALONG SAID CENTER LINE OF COLLINS CREEK, WITH THE
FOLLOWING COURSES AND DISTANCES, NAMELY: COLLINS CREEK FROM F.R. TO M.B. :
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
S. 50-1/2' W. 1.20 1
S. 37-1/2' W. 1.04 2
S. 45' W. 0. 90 3
S. 29-3/4' E. 0. 66 4
S. 68-3/4' W. 1.10 5
S. 70-1/4' W. 1.42 6
S. 51-1/2` W. 0.78 7
S. 61' W. 0.90 8 & MB
WHICH ENGINEER'S STATION M.B. BEARS N. 74' W. 0.20 CHS. FROM A REDWOOD TREE 10" IN
DIAMETER MARKED B.T.M.B. ; THENCE LEAVING SAID COLLINS CREEK AND RUNNING ALONG A
BOUNDARY CANYON FROM SAID STATION M.B. TO STATION BB, WITH THE FOLLOWING COURSES AND
DISTANCES NAMELY: BOUNDARY CANYON FROM M.B. TO B.B.
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 28-1/2' W. 1.33 A
N. 40 1/2' W. 2.40
B
N. 54' W. 2.00 C
N. 58-3/4' W. 1.46 D
N. 49' W. 1.67 E
N. 66-1/4' W. 1.25 F
N. 56-3/4' W. 1.66 G
N. 50-1/4' W. 1.55 H
N. 70' W. 1.81 BB
Page '.
!ZU
1
Y A IN T ENTER F A GULCH AND
N BB I MARKED B 3 X 3 PICKET HE C 0 GU C WHICH SAID STATION S
MAPLE TREE 10 INCHES IN DIAMETER IN A BUNCH OF 3 MAPLE TREES BEARS S. 4-1/2' W. 0.36
CHS. AND A BUCKEYE TREE 8 INCHES IN DIAMETER IN A BUNCH OF 6 BUCKEYE TREES BEARS S.
82-1/2' W. 0.25 CHS. BOTH OF WHICH TREES ARE MARKED B.T.B.B.; THENCE S. 54' W. 9 CHS.
TO A POINT IN BISSELL LANE AND A PIPE MARKED B.B. FROM WHICH A 4" X 4" WITNESS POST
MARKED B.T.B.B. BEARS N. 54' 50' E. 0.27 CHS. AND A MADRONE TREE SIMILARLY MARKED 45
INCHES IN DIAMETER BEARS S. 8' W. 2.015 CHS. AND A POPLAR TREE 16 INCHES IN DIAMETER
SIMILARLY MARKED BEARS N. 25-1/2' W. 0.623 CHS. ; THENCE ALONG THE CENTER LINE OF SAID
BISSELL LANE, WITH THE FOLLOWING COURSES AND DISTANCES, NAMELY: BISSELL LANE, CENTER
LINE FROM B.B. TO L.D.
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 9-1/2' W. 0.61 I
N. 23-3/4' W. 0. 62 K
N. 38-1/2' W. 1.00 L
N. 42-1/2' W. 2. 90 M
N. 54-1/2' W. 0.72 N
N. 67-1/2' W. 0. 65 0
N. 84-3/4' W. 1.34 PIPE LD
WHICH PIPE MARKED L.D. BEARS S. 67-1/4' E. 0. 63 CHS. FROM A POPLAR TREE 11" IN
DIAMETER AND A REDWOOD TREE 6" IN DIAMETER OUT OF A STUMP 6 FEET IN DIAMETER AND 10
FEET HIGH, BEARS S. 85' 5' W. 0.77 CHS.; THENCE LEAVING SAID BISSELL LANE AND RUNNING
ALONG THE ROAD, THE FOLLOWING COURSES AND DISTANCES, NAMELY: FROM "LD".
COURSE DISTANCE IN CHAINS TO STATION NUMBERED
N. 5' W. 1.75 1
N. 24' E. 1.60 2
N. 5' E. 1. 95 3
N. 38' 30' E. 3.50 4
N. 10' W. 2.80 5
N. 37' 30' W. 0.75 6 & KR3
TO THE PLACE OF BEGINNING.
ASSESSOR'S PARCEL NO. 544-31-002
PARCEL NINE:
BEING PARCEL DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 1985 IN BOOK
J415 PAGE 576 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST,
M.D.B. & M. ; THENCE WESTERLY ALONG THE NORTH LINE OF SECTION 6, SAID TOWNSHIP AND
RANGE TO THE POINT OF INTERSECTION OF SAID NORTH LINE OF SAID SECTION 6 WITH THE
CENTER LINE OF CHASE ROAD; THENCE WESTERLY ALONG THE CENTER LINE OF SAID CHASE ROAD
TO THE LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE; THENCE
SOUTH TO THE NORTH LINE OF SAID SECTION 6; THENCE WEST 15.50 CHAINS, MORE OR LESS, TO
THE NORTHEAST CORNER OF THE LOT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY
BY DEED OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY
LOT, SOUTH 14-1/2' EAST 7.39 CHAINS TO A STAKE MARKED M.C.K. , SOUTH 58-12' WEST 5.92
CHAINS, SOUTH 8' 30' EAST 0.61 CHAINS, SOUTH 1' WEST 0.83 CHAINS, SOUTH 18' 40' WEST
Page y
1.08 CHAINS, SOUTH 4` 45' WEST 1.06 CHAINS, SOUTH 35- 30' WEST 1.65 CHAINS, SOUTH 72-
30' WEST 1.55 CHAINS, SOUTH 89" 30' WEST 1.15 CHAINS, SOUTH 70' 15' WEST 1.48 CHAINS,
SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89- 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE
EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH
AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST; THENCE
SOUTH 0` 12' WEST 20.45 CHAINS TO STAKE MARKED RK2 FROM WHICH THE ABOVE MENTIONED 1/4
SECTION CORNER IN CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, AS SET IN THE
SUBDIVISION OF THE RENOWDEN TRACT BEARS SOUTH, 0` 12' WEST 3.18 CHAINS; THENCE SOUTH
43' 40' EAST, 4.39 CHAINS TO POINT IN 1/4 SECTION LINE RUNNING EAST AND WEST THROUGH
THE CENTER OF SAID SECTION 6; THENCE EAST ALONG SAID 1/4 SECTION LINE TO THE CENTER
OF WEBB CREEK; THENCE UP THE CENTER OF WEBB CREEK, BEING ALSO THE EASTERLY LINE OF
LOT 3 OF THE RENOWDEN TRACT TO THE INTERSECTION OF SAID CENTER LINE OF SAID WEBB
CREEK WITH THE 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID
SECTION 6; THENCE SOUTHERLY ALONG SAID 1/4 SECTION LINE TO THE CENTER OF THE
DOUGHERTY ROAD; THENCE NORTHEASTERLY ALONG THE CENTER OF SAID DOUGHERTY ROAD TO A
STAKE OPPOSITE THE GATE IN LANE LEADING TO THE RESIDENCE FORMERLY OWNED BY G.R.
BISSELL; THENCE SOUTHERLY AND ALONG THE CENTER OF SAID LANE TO A STAKE STANDING
OPPOSITE THE CENTER OF VINEYARD GATEWAY; RUNNING THENCE EASTERLY IN A STRAIGHT LINE
THROUGH THE CENTER OF SAID GATEWAY AND ALONG THE CENTER LINE OF A ROAD BETWEEN
CHARBONO AND MALVOISE GRAPES, BEING THE LINE DIVIDING LANDS FORMERLY OF RANKIN AND
BISSELL, TO A STAKE IN FENCE; THENCE PROLONGING SAID CENTER LINE OF SAID ROAD TO THE
CENTER OF A GULCH; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID GULCH TO THE CENTER
OF COLLINS CREEK AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE UP THE
CENTER OF COLLINS CREEK TO THE LINE DIVIDING SECTIONS 6 AND 7, TOWNSHIP 9 SOUTH,
RANGE 1 WEST; THENCE EAST ALONG SAID LINE BETWEEN SAID SECTIONS 6 AND 7 AND 5 AND 8
TO THE CENTER OF RAVINE; THENCE DOWN THE CENTER OF SAID RAVINE TO THE CENTER OF
COLLINS CREEK; THENCE UP THE CENTER OF COLLINS CREEK SOUTHWESTERLY, FOLLOWING THE
MEANDERS OF COLLINS CREEK TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THE PETROLEUM, NAPTHA, ASPHALTUM AND OTHER SUBSTANCES
CONTAINING OR PRODUCING OIL, AND ALL COAL, MINERAL AND MINERAL SUBSTANCES, AND THE
RIGHT, PRIVILEGE AND EASEMENT TO HAVE, TAKE AWAY AND REMOVE TO THE USE AND BENEFIT OF
T.G. MCLERAN, ET AL, AND THEIR HEIRS AND ASSIGNS ALL THE SUBSTANCES AFORESAID, AND
FOR THAT PURPOSE, FROM TIME TO TIME AND AT ALL TIMES HEREAFTER TO ENTER UPON THE
ABOVE DESCRIBED PREMISES WITH THEIR SERVANTS, AGENTS, ASSOCIATES AND ASSISTANTS TO
PROSPECT, SEARCH, DIG AND BORE FOR SAID SUBSTANCES AND TO EXTRACT AND WORK THE SAME,
AS CONVEYED TO T.G. MCLERAN, ET AL BY INDENTURE RECORDED OCTOBER 19, 1865 IN BOOK U
OF DEEDS, PAGE 220 OF OFFICIAL RECORDS.
ASSESSOR'S PARCEL NO. 544-31-002 (PORTION) 544-33-003
PARCEL TEN:
BEGINNING AT A REDWOOD TREE 2 FEET IN DIAMETER MARKED "1/4 SEC." AND BEING THE 1/4
SECTION CORNER BETWEEN SECTIONS 31, T8S. , R1W AND SECTION 6, T9S, R1W; AND RUNNING
THENCE ALONG THE LINE BETWEEN SAID SECTIONS 31 AND 6, NORTH 89-1/4' E. 15 CHAINS TO A
MADRONE TREE 4 FEET IN DIAMETER MARKED WITH 3 NOTCHES FORE AND AFT (EAST AND WEST)
FOR A STATION TREE ON SAID SECTION LINE, SAID POINT ALSO BEING THE NORTHEAST CORNER
OF THE 21. 14 ACRE TRACT DEEDED BY DORA KOPPITZ AND J. KOPPITZ TO W.C. MAHONEY BY DEED
OF MAY 6, 1890; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF SAID MAHONEY LOT,
SOUTH 14-1/2' WEST 7.39 CHAINS TO A STAKE MARKED M.C.K., SOUTH 58-1/2` WEST 5. 92
CHAINS, SOUTH 8` 30' EAST 0. 61 CHAINS, SOUTH 12` WEST 0.83 CHAINS, SOUTH 18` 40' WEST
1.08 CHAINS, SOUTH 4' 45' WEST 1.06 CHAINS, SOUTH 35' 30' WEST 1. 65 CHAINS, SOUTH 72-
30' WEST 1.55 CHAINS, SOUTH 89` 30' WEST 1.15 CHAINS, SOUTH 70` 15' WEST 1.48 CHAINS,
SOUTH 81' 20' WEST 1.03 CHAINS, NORTH 89' 52' WEST 7.35 CHAINS TO STAKE K4M4 IN THE
EASTERLY LINE OF THE RENOWDEN TRACT, BEING ALSO THE 1/4 SECTION LINE RUNNING NORTH
Page 7 °: .
a J
AND SOUTH THROUGH THE CENTER OF SECTION 6, TOWNSHIP 9 SOUTH, RANGE 1 WEST, THENCE
ALONG SAID 1/4 SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SAID
SECTION 6, NORTH 15.63 CHAINS TO THE POINT OF BEGINNING, AND BEING A PORTION OF
SECTION 6 IN TOWNSHIP 9 SOUTH, RANGE 1 WEST, M.D.B. AND M.
ASSESSOR'S PARCEL NO. 544-31-004
PARCEL ELEVEN:
BEING A PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 1985 IN BOOK
J312 PAGE 2167 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT A REDWOOD TREE, 24 INCHES IN DIAMETER, BEING THE OFFICIAL QUARTER
SECTION CORNER IN THE MIDDLE OF THE NORTH LINE OF SECTION SIX (6) IN TOWNSHIP 9
SOUTH, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN, BEING ALSO THE NORTHWEST CORNER OF
LAND OF MAHONEY (AS EXISTING ON MAY 26, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING
ALONG SAID LINE (BEING THE TOWNSHIP LINE) EAST, ONE QUARTER OF A MILE, TO THE MIDDLE
OF THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE AT RIGHT ANGLES
NORTH, TO THE ROAD KNOWN AS THE CHASE ROAD, THENCE RUNNING ALONG SAID CHASE ROAD IN A
GENERAL WESTERLY DIRECTION TO THE NORTHEAST CORNER OF THE LAND OF H. PETERSON (AS
EXISTING ON MAY 26, 1892) ; THENCE SOUTH ALONG THE EAST LINE OF SAID PETERSON'S LAND
(AS EXISTING ON MAY 26, 1892) ALONG FENCE A DISTANCE OF FIFTY FEET, MORE OR LESS, TO
THE ROAD LEADING FROM SAID CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING
ON MAY 26, 1892) ; THENCE ALONG SAID ROAD IN A GENERAL SOUTHERLY DIRECTION TO A POINT
FROM WHICH A STRAIGHT LINE DRAWN TO THE REDWOOD TREE, THE PLACE OF BEGINNING, WILL
PASS SOUTH OF AND DISTANT SEVENTY-FIVE (75) FEET FROM THAT CERTAIN SPRING WHICH IS
SITUATED ABOUT HALF WAY BETWEEN SAID CHASE ROAD AND SAID ROAD LEADING FROM THE CHASE
ROAD TO SAID PREMISES OF J.B. RENOWDEN (AS EXISTING ON MAY 26, 1892) AND NEAR THE
WESTERN BOUNDARY OF THE LAND HEREBY CONVEYED, WHICH SPRING ISSUES AT A LARGE REDWOOD
STUMP, IN A CLUMP OF REDWOOD TREES, AND NEAR THREE LARGE CALIFORNIA LAURELS; THENCE
FROM SAID POINT NORTHEASTERLY ABOUT ONE-EIGHTH OF A MILE TO THE PLACE OF BEGINNING;
AND BEING A PART OF LOTS 10 AND 12 OF THE SUBDIVISION OF THE RENOWDEN TRACT AS SHOWN
UPON THE MAP THEREOF OF RECORD IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF
SANTA CLARA, IN BOOK "C" OF MAPS, PAGE 51.
BEING THE SAME PREMISES GRANTED TO SAID PARTY OF THE FIRST PART BY J.B. RENOWDEN, ET
AL, BY DEED DATED MAY 26, 1892, OF RECORD IN LIBER 146 OF DEEDS, PAGE 529, ET SEQ. ,
IN THE COUNTY RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA, TO WHICH DEED AS THERE
RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-28-004 (PORTION) AND 544-30-002 (PORTION)
PARCEL TWELVE:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN
BOOK J334, PAGE 1832 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL ONE QUARTER
(1/4) SECTION CORNER IN THE NORTH LINE OF SECTION 6, T. 9.S.R.l.W. , M.D.M. , SAID POINT
OF BEGINNING BEING ALSO THE NORTHWEST CORNER OF LAND OF MAHONEY (AS EXISTING ON JULY
6TH, 1892, FORMERLY OF KOPPITZ) ; THENCE RUNNING ALONG THE 1/4 SECTION LINE SOUTH 5.16
CHAINS TO A STAKE MARKED "54", FROM WHICH A BLACK OAK MARKED "B.T.R.55" BEARS S. 3'
30" W. 54 LINKS DISTANT; THENCE RUNNING ALONG THE CENTER LINE OF THE ROAD LEADING
FROM THE CHASE ROAD TO THE PREMISES OF J.B. RENOWDEN (AS EXISTING ON JULY 6TH, 1892)
WITH THE FOLLOWING COURSES AND DISTANCES: S. 56` 37' W. 1.50 CHAINS; S. 73` 15' W.
0.61 CHAINS; N. 60` 45' W. 1. 94 CHAINS; N. 74' 30' W. 1.03 CHAINS; S. 70` 52' W. 0.59
Page ii
7
1 �
CHAINS; S. 54' 30' W. 1.77 CHAINS; S. 47` W. 0.26 CHAINS; S. 88" W. 0.45 CHAINS; N.
54` 15' W. 0.53 CHAINS, AND N. 36' 46' W. 1.55 CHAINS; THENCE LEAVING SAID ROAD AND
RUNNING ALONG THE SOUTHEASTERLY LINE OF LANDS OF THE PRESIDENT AND BOARD OF TRUSTEES
OF SANTA CLARA COLLEGE (AS EXISTING ON JULY 6TH, 1892) N. 60` 45' E. 9. 95 CHAINS TO
THE PLACE OF BEGINNING; AND BEING A PART OF LOT 10 OF THE RENOWDEN SUBDIVISION, AS
RECORDED IN BOOK "C", PAGE 51 OF MAPS, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY
OF SANTA CLARA; COURSES TRUE, MAG. VAR. 16' 30' E. BEING THE SAME PREMISES GRANTED TO
THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA COLLEGE BY J.B. RENOWDEN, BY DEED
DATED JULY 6TH, 1892, OF RECORD IN LIBER 150 OF DEEDS, PAGE 94 ET SEQ. IN THE COUNTY
RECORDER'S OFFICE OF SAID COUNTY OF SANTA CLARA, TO WHICH DEED AS THEIR RECORDED
REFERENCE IS HEREBY SPECIALLY MADE FOR DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-30-002 (PORTION)
PARCEL THIRTEEN:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON MAY 1, 1985 IN
BOOK J334, PAGE 1828 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE STANDING IN THE NORTH LINE OF SECTION SIX (6) , TOWNSHIP NINE (9)
SOUTH, RANGE ONE (1) WEST, MT. DIABLO BASE AND MERIDIAN, SAID STAKE BEING DISTANT
TWENTY (20) CHAINS EAST FROM A REDWOOD TREE 24 INCHES IN DIAMETER, BEING THE OFFICIAL
1/4 SECTION CORNER IN THE SAID NORTH LINE OF SECTION 6, T.9.S.R.1W. ; THENCE ALONG
SAID LAST DESCRIBED SECTION LINE N. 89' 45' E. 9.00 CHAINS TO A 2" X 3" STAKE;
THENCE NORTH 0.455 CHAINS TO THE CENTER LINE OF THE CHASE ROAD; THENCE RUNNING ALONG
THE CENTER LINE OF SAID ROAD, WITH THE FOLLOWING COURSES AND DISTANCES; N. 82' 35' W.
0. 68 CHAINS; N. 71' 15' W. 1.51 CHAINS; N. 67' 40' W. 3.33 CHAINS; N. 75* W. 1.06
CHAINS; N. 78' 30' W. 1.12 CHAINS; AND N. 74' 54' W. 1.745 CHAINS TO A POINT FROM
WHICH A 2 X 3 INCH WITNESS STAKE BEARS SOUTH 8 1/2 LINKS DISTANT: THENCE 3.28 CHAINS
TO THE PLACE OF BEGINNING; AND BEING A PART OF LOT 12 OF THE RENOWDEN SUBDIVISION,
RECORDED IN MAP BOOK C, PAGE 51, IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF
SANTA CLARA; COURSES TRUE, MAG. VAR. 16' 30' EAST.
BEING THE SAME PREMISES GRANTED TO THE PRESIDENT AND BOARD OF TRUSTEES OF SANTA CLARA
COLLEGE BY JOSEPH RENOWDEN, ET AL, BY DEED DATED AUGUST 17, 1892, OF RECORD IN LIBER
I50 OF DEEDS, PAGE 496 ET SEQ. IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY OF
SANTA CLARA, TO WHICH DEED AS THEIR RECORDED REFERENCE IS HEREBY SPECIALLY MADE FOR
DESCRIPTION OF SAID PREMISES.
ASSESSOR'S PARCEL NO. 544-28-004 (PORTION)
PARCEL FOURTEEN:
BEING THAT PORTION DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 1985 IN
BOOK J303 PAGE 919 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE 2-1/2 INCHES IN DIAMETER AND FOUR FEET LONG, SAID POINT OF
BEGINNING BEING N. 64' 44 ' E. 1.17-1/2 CHAINS FROM THE SOUTHWEST CORNER OF LOT NO. 11
OF THE RENOWDEN TRACT, AS RECORDED IN MAP BOOK C, PAGE 51, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA; THENCE N. 6` 5' E. 1.71-1/2 CHAINS; S. 58' E. 1. 95 CHAINS TO A
STAKE, FROM WHICH BEARS A MADRONE TWO FEET IN DIAMETER S. 58 E. 3 LINKS MARKED
B.T.L.G.N.3; THENCE S. 70' W. 1. 94 CHAINS TO THE PLACE OF BEGINNING, BEING PART OF
LOT 11 OF THE RENOWDEN TRACT AS RECORDED IN MAP BOOK C, PAGE 51 RECORDS OF SANTA
CLARA COUNTY, CALIFORNIA, AND BEING SITUATED IN SECTION 31, T.8 S.R. 1 W. M.D.M.
Assessor's Parcel No. 544-29-006
Page
EXCEPTING FROM PARCELS ONE THROUGH FOURTEEN:
Any and all timber growing, standing, lying, or down, together with all rights to
harvest same, with free and unrestricted access to the real property for the
purpposes of severing and removing the timber conveyed therein, including, but not
limited to, the free and unrestricted use of any and all roads and roadways located
upon the real property, togethre with the right to construct such roadway(s) as may
be required in order to harvest the timber conveyed therein, as conveyed by Hong
Kong Metro Realty Company, Inc., a California Corporation to Arlie Land and Cattle
Company, an Oregon Corporation, by deed recorded August 14, 1996 as instrument number
13408132 and as concurrently conveyed by Arlie Land and Cattle Company, an Oregon
Corporation to Big Creek Lumber Company, Inc. , a California Corporation by deed
recorded August 14, 1996 as instrument number 13408133.
A544-28-4, 544-29-6; 544-30-2 and 3, 544-31-2,3 and 4
544-33-3, 14, 544-50-1; 544-35-6
cr/ci/bf 2-28-00
f it
Page 1%x,
i1g1?,. 01
pace 5
i
DOCUMENT: 15163908 Titles: l / Pages: 18
OLD REPUBLIC TITLE CD.
No Fees
Taxes. . .
Recording Requested By and Copies. .
When Recorded Return to: AMT PAID
State Coastal Conservancy BRENDA DAVIS RDE # 001
1334 Broadway, Suite 1 I00 SANTA CLARA COUNTY RECORDER 2/28/2000
Oakland,CA 94612 Recorded at the request of 16 06 AM
Old Republic Title Company
Attn: Legal Counsel
Project: Bear Creek Redwoods
EXEMPT FROM RECORDING FEES--GOVERNMENT CODE SECTION 6103
IRREVOCABLE OFFER TO DEDICATE TITLE IN FEE
A portion of Bear Creek Redwood Open Space F-reserve County of Santa Clara
This IRREVOCABLE OFFER TO DEDICATE TITLE IN FEE("the offer")is made this
.9 day of February,2000,by the Peninsula Open Space Trust("the offeror").
i
Pe 'nent Facts
A. The offeror is a private nonprofit organization,existing under section 501(c)(3)of the
United States Internal Revenue Code, and having among its principal charitable
purposes the preservation of land for scenic,historic,agricultural, and open space
purposes.
B. The offeree, the California State Coastal Conservancy("the Conservancy"), is an
agency of the State of California charged under Division 21 of the Public Resources
Code with preserving,protecting,-and enhancing the coast-of California and the San —--
Francisco Bay region.The Conservancy is authorized to award and condition grants to
qualified nonprofit organizations to help achieve these purposes.
C. The offeror is the legal owner of the fee interest in real property("the real property")
in the County of Santa Clara, State of California,known as the"upper portion of the
Bear Creek Redwood Regional Open Space Preserve,"and described in Exhibit A,
which is incorporated by reference and attached.
D. At its December 1, 1999 public meeting,the Conservancy authorized disbursement of
funds to the offeror to assist in financing the offeror's acquisition of fee title.
Offer to Dedicate Title In Fee
Bear Creek Redwood Preserve,Santa Clara County
E. The Conservancy's December 1999 action is subject to conditions,including a
requirement that that the offeror dedicate the property for public access and open space
preservation,and resource enhancement and restoration;and that the offeror agree to
convey the real property to the Midpeninsula Regional Open Space District("the
District"),a public agency organized under Article 3 of Chapter 3 of Division 5 of the
Public Resources Code upon the fulfillment of specified contingencies.
California Pub p Pe
F. In February,2000,the offeror and the Conservancy entered into unrecorded Grant
Agreement No.99-090 to achieve the purposes of the Conservancy's December 1999
action.
G. The offeror is executing this offer to comply with requirements of Grant Agreement
No. 99-090 and to protect the public's interest in the real property,whose acquisition
was facilitated through the use of state funds.
H. The offeror intends.through this offer to bind itself and its assigns and successors in
interest.
I
In light of the pertinent facts,above,and in consideration of the Conservancy's
grant to the offeror and other valuable consideration,the offeror hereby irrevocably
offers to dedicate fee title to the real property to the State of California,acting by
and through the Conservancy or its successor agency,as follows.
t. ACCEPTANCE OF OFFER. This offer may be accepted only if the Conservancy
finds that the legal existence of the offeror has terminated;or that the offeror or its
successor in interest in the real property has violated one or more of the following
terms:
I
a. The offeror has acquired the real property for the purposes of providing public
__ ... access,protecting the natural-resources of the real property,-and preserving open --
space; and no use of the real property that is inconsistent with these purposes shall
be permitted.
The offeror shall not use or allow the use of any portion of the real property for
mitigation(in other words,to compensate for adverse changes to the environment
elsewhere)without the written permission of the Executive,Officer of the
Conservancy.All funds generated in connection with any authorized or allowable
mitigation on the real property shall be remitted promptly to the Conservancy until
2
i bi a u ge
offer to Dedicate Title In Fee
Bear Creek Redwood Preserve,Santa Clara County
the Conservancy has been fully paid for all of its past,present,and such future
costs as are actually incurred with respect to the real property,including,without
limitation, staff,planning,development, restoration,operation and maintenance,
and monitoring costs, and acquisition costs at fair market value as of the time
mitigation is to begin.
b. The real property(including any portion of it or any interest in it)may not be used
as security for any debt without the written approval of the State of California,
acting through the Executive Officer of the Conservancy or its successor.
c. The real property(including any portion of it or any interest in it)may not be
transferred,except to the District,without the written approval of the State of
California,acting through the Executive Officer of the Conservancy or its
successor.
d. The offeror shall use, manage,operate and maintain the real property in a manner
consistent with the purpose of the acquisition. The offeror assumes all
management,operation and maintenance costs associated with the real property,
including the costs of ordinary repairs and replacements of a recurring nature,and
costs of enforcement of regulations. The offeror shall refrain from developing or
otherwise using any other property it owns or controls in the vicinity of the real
property in such a way as to interfere with or inconvenience the use, management,
operation or maintenance of the real property or to detract from the purpose of the
acquisition. The offeror may be excused from its obligations for management,
operation and maintenance only upon the written approval of the Executive
Officer of the Conservancy or his or her successor. The offeror may,without any
further approval by the offeree,use,manage,operate,and maintain the real
property through agreement with the District,in a manner,and for the purposes
consistent with this offer.
e. If the existence of the offeror ceases for any reason or if any of the essential
provisions stated above are violated,all of the offeror's right,title and interest in
theatal property shall automatically Yestin_the State of California for..the..benefit
of the Conservancy or its successor,upon acceptance of the real property and
approval by the State Public Works Board; provided,however,that the State,
through the Executive Officer of the Conservancy or its successor,may designate
the District,and if the District does not accept,then another public agency or a
nonprofit organization,to accept the right,title and interest, in which case vesting
shall be in that agency or organization rather than in the State.
f. The offer is irrevocable.
3
s
bs t 3 "Page u
` Offer to Dedicate Title In Fee
Bear Creek Redwood Preserve,Santa Clara County
Upon a finding by the Conservancy that any of the essential terms has been
violated,or that the existence of the offeror has been terminated for any reason,
this offer may be accepted by the Conservancy,or by another public agency or
nonprofit organization designated by the Conservancy and which has agreed to
accept the obligations of the offeror under this offer,by recording in the Official
Records of Santa Clara County,a Certificate of Acceptance in substantially the
form of the attached Exhibit B.
2. BENEFIT AND BURDEN. This offer shall run with and burden the real property.
All obligations,terms,conditions,and restrictions imposed by this offer shall be
deemed covenants and restrictions running with the land and shalt be effective
limitations on the use of the real property from the date of recordation of this
document, and shall bind the offeror and all its successors and assigns. This offer
shall benefit the State of California.
3_ TRANSFER OF REAL PROPERTY. Transfer of the real property shall be subject
to the approval of the State of California,acting through the Executive Officer of the
Conservancy or its successor,and the transferee shall be subject to all terms,
conditions and restrictions contained in this offer. In particular,but without Iimiting
the restrictions provided above,the transferee shall use the real property only for the
purposes of the providing public access,protecting the natural resources of the real
property,and preserving open space. If the Conservancy deems necessary,prior to
the Conservancy's approval of any transfer of the real property,the transferee and the
Conservancy shall enter into a new agreement sufficient to protect the interest of the
people of California.
4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to
be invalid or for any reason becomes unenforceable,no other provision shall be
_._. affected or impaired-by-the holding.
5. SUCCESSORS AND ASSIGNS. The terms,covenants,conditions,exceptions,
obligations,and reservations contained in this offer shall be binding upon and inure to
the benefit of the successors and assigns of both the offeror and the Conservancy,
whether voluntary or involuntary.
4
yV
Offer to Dedicate Title In Fee
Bear Creek Redwood Preserve,Santa Clara County
6. TERM. This offer shall be irrevocable, and upon recordation of an acceptance in the
form of Exhibit B, this offer shall have the effect of a grant of the real property to the
State of California or other accepting entity designated by the Conservancy and
having executed a substantially similar acceptance,as provided in this offer.
The offeror executes this document on the date first written above.
PENINSULA OPEN SPACE TRUST, the offeror
By:
dy ' C.
Type or print name
�r�sidcrr�
Title
5
Recording requested by,and Exhibit C
When recorded,return to:
State Of California
Wildlife Conservation Board
1807 13'h Street,Suite 103
Sacramento,CA 95814-7114
Space above this thnefor Recorder's use
MEMORANDUM OF UNRECORDED GRANT AGREEMENT
This Memorandum of Unrecorded Grant Agreement(Memorandum),dated as of
February 17,2001, is recorded to provide notice of an agreement between the State of California,
by and through the Wildlife Conservation Board("WCB")and Midpeninsula Open Space District
("Grantee").
RECITALS
A. On February 17, 2001, WCB and Grantee entered into a certain Grant
Agreement,Grant No. WC-095 I-DT("Grant"),pursuant to which WCB;granted to Grantee
certain funds for the acquisition of certain real property,more particularly described in attached
Exhibit A and incorporated by reference(the"Real Property").
B. Under the terms of the Grant, WCB reserved certain rights with respect to Real
Property.
C. Grantee desires to execute this Memorandum to provide constructive notice to all
third parties of certain of WCB's reserved rights under the Grant.
NOTICE
1. The Real Property(including any portion of it or any interest in it)may not be
sold or exchanged without the written approval of the State of California,acting through the
Executive Director of the Wildlife Conservation Board,or its successor,provided that such
approval shall not be unreasonably withheld as long as the purpose for which the Grant was
awarded are maintained.
2. The Real Property(including any portion of it or any interest in it)may not be
used as security for any debt without the written approval of the State of California,acting
through the Executive Director of the Wildlife Conservation Board,or its successor,provided that
such approval shall not be unreasonably withheld as long as the purpose for which the Grant was
awarded are maintained.
3. For additional terms and conditions of the Grant,reference should be made to the
Grant Agreement which is on file with the Wildlife Conservation Board, 1807 13''Street, Suite
103, Sacramento,California 95814-7117;mailing address: Wildlife Conservation Board,c/o
Department of Fish and Game,P.O. Box 944209, Sacramento,CA 94244-2090.
GRANTEE:
By:
President,Board of Director's
Midpeninsula Regional Open Space District