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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) i 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. l 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 Page 1 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" Page 2 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. Page 3 (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 I' 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 Page 3 of 19 Pages rnr.,m of,..,� ORT 3157•C OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 Page 4 of 19 Pages page ORT 3157•E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update "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 Page 5 of 19 Pages page ORT 3157-E I ` OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 ORT 3157-E III OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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: Page 7 of 19 Pages P899 0f ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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-. . Page 8 of 19 Pages Page c 3 ORT 3157-E i OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 .._ Page 9 of 19 Pages page ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 ,+, �7 (... ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 Page 11 of 19 Pages Page 1 t ORT 3157-E �!t I OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 Page 12 of 19 Pages 'ago ORT 3157-E OLD REPUBLIC TITLE COMPANY 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 Page 13 of 19 Pages q. of ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 ORT 3157-D 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 Page 15 of 19 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 Page 16 of 19 PagesOf ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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'„ - Page 17 of 19 Pagesrarf '171 of-h- ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 493158-MM update 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 ORT 3157-E 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 O.IK[a COON"AS1[[7CaiI.TI C,"I COyrty C"'"Wr.. r - NOTICE:N. »xY... PI.. a V..I:y+Ir 4. �.:o....d Y.m..;w nl.n». tiZ.Mwh-d nY..4.4. M.i.YA[ry:..�Ilw.� RENOWDEN TRACT- LOT NP12 ID.AOAC: !4 791 AC AS i l: 1 7 ICA(! :•:q7 �f+ 1 1 t I 1 - ' A t E '�r.F`- � � •�. .�tip• '�)1M '.�� �� III 5 y 525-C G4 N0v1T!ATC 01- LOS GATCS (244SK aDs lr,4,-1 nAC i .e• S 7nolw I+ •ifisor Fu-; �urw�[p lw co�n...Tautla+coof � _ p ��..7� �[rr[a*R v[f r..ull.I193 AIfREO—N-l.S5E5501 GOIM�W IY�pgi1,M4..•^.ilC ll. rE �FAEO E c(lZ SDI ASSE SSo a 1I a►s a ar aanlrr huc)sm- &wTA cLMA mW[TY:uuPoaww -� -- Ma+E- s ri a O K 2 O ... --------- — ooT--1NIf 7rRMSM7ncA _ a�ola.►� _ 4 I .. PWK OI)T, 5 00 ac ? 10 9 e ��el iy 12 311 M I` 20 3; N ro.:�.wornolr ro, i ° Ii i 1 ir) 3.832 AC.01 r ML.I2-070 T 6 .r, a tiX—. tour nro.•sar so. 3 t,4i AC. to 6B a� \ ,yam F>e 1 ,6 TwP 95 �u�.2PB�... N13 /I/ aR RENOWOEN TRACT I omc[Or muxM Mf♦ftloa-MM covM .c 1704wl♦ O QENOWVCN TRACT 30 a ncrexw�:.L..A„7l� � 'ram � �LrleEntl�'�i�� '�'--t►uui� NOTIct T%d. I.w.11L...)IN Y hrwwMrd....17.. ew... •fo.id roll it ry—M& L0T9 Ye.1w,q M-bnd ..f.d M.n wm ni.a.c. p. OKI h.Iran rlld Iri.ItWd N.4rYJitY w r».w.J ♦r 1/r•rr.i�.wrll.lr♦Iwr.e• ,�` o. you 4/,u u ^fen �v p LOT 10 LOT7 LOT6 S LOT 2 p ` �ptf•:. 1IOU41 At 20 AC p,7t4C � E �SF^R n N O t 1 T I A 7 L err Q p ? �`• O F •1,;sC O w , LOT 4 \ LOT B LOT S lDT 4 } LOT 1 sl&c #°tip• MSOAC aysAc 140mm 4 O : - l 0 5 G A T O 5 P f pit O� Yv Ill T 95a 1w To Sa 1W Y yam. ks—/ i 0tb ulr. 31 6r ror. Soa .j� i 7 T1SCtw' �f�♦l• �� ft(lo I R TlSa7n �;Tesn<<� T9sa��1 52 O O F F I C E O F _ C O U N T Y A S S E S S 0 R S A N T A C L A R A C O U N T Y, C A L I F O R N A 7 � [=4 431 7 rv0 tll�n ,woniw F aa4 n i y �• f �_ .r•islt W� - ,]tfQ9f0 � , wn[s wacu �[c• t.w4 f 7 ]"7Y77l11 rJ7sm si s �a • Kl sn rp wr[• TK] t1�11 K K:_ r[<u 90AC7 Ow[. a�t �—..1lI 1' s<a • • < f saN �� awe• clf KL W v ussM Nj rs~OJ -sir n� !f d 1]]<a r bT.sf has'• J �u f { 41 so N O V I T I ATE OF L O S G A O S ]o f 7 o I B dill v tabs t W.B. �]e� ra �sxe sT } al]C]• I� 1< ] MAC � \ -/f I/p- � y.1i 2.59 AC GR we � ■aa • Q , `Rti raf �� �• IUwf <'TO.•p. �G S � lwG• 7a� , NOVITIATE OF �� �•• =i"s LOS GA S ~�• ONfV£AS REOI/EST q wso fc .A<. <an •11<. e.+ � � ,`4'' tttaoa) � I 1 39.24 AC GR ■ ]O - 1 C-ow n—h.- ,+ien sec 127 d W IL i i.W. fa[ma t a]poses airy en.efn.Fa Roo r.Q 1998-99 I8 on,CE OF COUWT'r Al7/ElM1MrTAGAAAC*,M ,uuroAar _ - � 4 K . 2c A/rr a \ er a+ ODAL . ter/ `fa�s4A617 4 z W A+n .aa f \ PM_586•M•19 Ts rai p�FM.330_-M 6Pbt.499+M%fi S' �j a`ti rroAc .xK fir' •fs.•o frTf�"r fD4K. TPGL.2 , fb ;i S P 20 PCL.2 1.1 t ; AA4 f Vs-c { 14.200AC GR 476AC. A V LOT I I n.700 AC.NET CR` �pZ (vwMIToArAr 34 rrffrRRusw,ro.LLL:R4x4"4 tt a, _ snM MT 3.is AG. 1 iipf�•. Pc l36 PCL'.i `1 — 2 So AC- t 0 ro,E. -j'•S a48 /Dc;N411 =�i w• gEAR } ��.. �T I Wr .. 2.50 ara a .y CrwLa� •, 1 u y 1~ � � �'+�•.`�J S ka5.??Thb4 { 2 41j AC, ir0411 rCRr rrAl i Tffff OfNISN R0. n•7.076K � = / �y;D - �a' dtS� * / !•z aK 4 I i ^ /rsf a o +30"ACA a. - - a 4 r 4 rye /rtt 2i3 ciT,fof iRc, 4 aa���II G� / '� :E O 7CS4ar f;� a 154656C N�- j 15374 AC.HET NET Qli ne % pCl 3 ; PCL.2 I PCL Ict Z J d 1 R.O.S.271-M-52 i armL :6 pg t�o ?rk RfS£RVOM n I5,147o,rficl m.vsN ORi L M A / C O L I E G E 7 GR (� prr moprltC ieDit,nu) 1 4.5%AG NET j" rY i 1 rcL.r P.M 321-'M•7 sf . f O u •+Tc.c A[4CfRc�K7 ryfF� L •leee.c pcL N, 7. u 9 stl y!6 / I ti0V IT 1ATE Or L 0 5 6 A T O S 40 w1FLED IX x1/c b1A1tY Kill KG S2f / YV E(rEtENE o►cf•WII[T I.b'!9 A. ASSESSOR ; r n '4 'u-fFE i 104*0 IFAR CAff$R0. IIFIO N.0 GA(Fr, R0. 47 I � r 1 R oa.on S VS � 9L PP R.O.S. 411117 e• - F a C*710E OF CDJMTv mr--07t- SAMTA CLARA CDUMTY, CAL1FQQMI► NpT1CF: 7hn a r. PYr w. M =--w", ^ Io•e w.i n< h.c.r.e.•. d„e�_„•e wen•..+A r.l...ne. L :l 1 So�..r+.+ eh,.. Ia•e Mc ..hll�.y�+uu•rd Tv. 93 R2M T-P Ss R1W 12 - h S W _. Ols 6m K y i � ! WB 6 o S MB. 4 � •o K ♦ O 3 , m K i I CI L. p I t u SUTAMIT Pr - �O i S6 . I C A _ L j C v 4 CO, B ESTABLISHED O ORD.NO.0.N .-.S3.19 11-t9-7T'1 3' PL SR a�OE 1 f OFFKE nr cOUMIY ASSESSM - SAMTA CLARA C0r1 M CALIFORNIA � ■OOK PA6E — O — P.AL 346-M-28 PORTION SEC.8 T.95. RAW. -�.—�.._. -_ �,v6loK-A °" PCL.A 6.23 Ac. GA. _- 5.67 AC, NET 200' = O P.M. 557 - M - 48 2 `e►' s� fuw.•_ ruAr .f* R.OS 328-M-5 PCL. a PCL.r sm• 1.05 21.079 AC.GR. Ac.0R.// � 20.79 AC.NET •arras j� .✓PCL.9 crj 1 u tr �`L •.s.Ir.ol NOVITIATE OF LOS GATOS fa... ^ y9 I°r rrra. R.O.S. I81-JM-20 LOT 19 r!�y�}3a-�,jh CCrr��2.34 Ac,NET ; O - _ - ,� ;: •. PCL.A Pp' �J r � d•'. a AL -- � Arlowsr ns.-sd .E vc dp� 1 •?, '14 3,70 AC. MET 1 ."'k-hr..d 7 A :° YJ u \ J`f/ dry, �4 td \\ 2.32 AC. �11 2.32 AC. �\ Q�/ • PCL C I J PCI. 1.S3 MET.. •n..e _ ey.n i ar.ra A PM. 326-M-43 w t 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