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RESOLUTION No. 02-10
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on April 24, 2002, at a regular meeting thereof, by the following vote:
I
AYES: D. Littee, P. Siemew5, N. Hanko, M. Davey, L. Hazzett, K. N. tz, J. Cyt
NOES: none
ABSTAIN: none
ABSENT: none
ATTEST: APPROVED:
Sec Wary President
B and of Directors Board of Directors
I, the 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.
it
D;n Clerk
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between DAVID L. HAM AND
JAYNE YEE HAM, Trustees of the Ham Living Trust, dated December 9, 2000, and ROBERT
H. LEONARD hereinafter collectively called "Seller" and the MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division
5 of the California Public Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of an undivided 66.67% interest in certain real
property which has open space and recreational value, located within an unincorporated area of
the County of Santa Clara, and being more particularly described within the body of this
Agreement; and
WHEREAS, Seller entered into that certain "Exclusive Authorization and Right to
Sell" agreement with Tom Barton Real Estate Company, Inc. on August 24, 2001 (hereinafter
"Listing Agreement") thereby offering said real property for sale to the general public; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase Seller's undivided 66.67% interest in said
property for open space preservation and as part of the ecological, recreational, and aesthetic
resources of the midpeninsula area; and
WHEREAS, Seller wishes to sell and convey all of Seller's right, title and interest
in said property to District so that District owns an undivided 66.67% fee interest in said
property, and District wishes to purchase said property interest upon the terms and conditions set
forth herein.
WHEREAS, Seller wishes to sell and convey said property interest to District, and
District wishes to purchase said property interest upon the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
- 1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's undivided 66.67% fee interest in that certain real property
located within an unincorporated area of the County of Santa Clara, State of California,
containing approximately Thirty Five and Sixty Four Hundredths (35.64) acres, more or less,
ano commonly referred to as Santa Clara County Assessor's Parcel Numbers 351-13-021, 351-
13-r022 and 351-15-020. Said property is further described in the Legal Descriptions attached
to the corresponding Preliminary Reports numbered 659169, 659170 and 659171, dated
Purchase Agreement Page 2
October 15, 2001 from First American Title Guaranty Company. Copies of said Preliminary
Reports are attached hereto as Exhibit "A", and incorporated herein by this reference. Said
property interest 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. Seller's undivided 66.67% interest in the said real property
interest and appurtenances shall hereinafter be called the "Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be Six Hundred Thousand and No/100 Dollars ($600,000.00), which shall be paid in
cash at the "Closing" as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 12 herein, an escrow shall be opened at First American Title Guaranty Company, 161
South San Antonio Road, Suite 5, Los Altos, CA 94022, (650) 941-3523 (Escrow numbers
659169, 659170 and 659171) or other title company acceptable to District and Seller (herein-
after "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 May 11, 2102; 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. Seller 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. Seller 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:
Purchase Agreement Page 3
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount Five
Hundred and Ninety Nine Thousand and No/100 Dollars ($599,000.00) which is the balance of
the Purchase Price of Six Hundred Thousand and No/100 Dollars ($600,000.00), as specified
in Section 2. The balance of$1,000.00 is paid into escrow in accordance with Section 12 of
this Agreement.
E. District shall pay the escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District, and all recording costs and fees. All other costs or expenses
not otherwise provided for in this Agreement shall be apportioned or allocated between District
and Seller in the manner customary in Santa Clara County. All current property taxes on the
Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
F. Seller shall cause First American Title Guaranty Company, or other title
company acceptable to District and Seller, to be 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$600,000.00 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) title exceptions 3, 4 and 11 as
listed in Preliminary Report No. 659169 dated October 15, 2001; title exception 6 as listed in
Preliminary Report No. 659170 dated October 15, 2001; and title exceptions 3, 4 and 9 as
listed in Preliminary Report No. 659171 dated October 15, 2001, (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. In addition to Seller's duty to deliver title to
District as described above, it is expressly understood and agreed that a precondition to Close
of Escrow shall be the removal of the following title exceptions: title exception 6 as listed in
Preliminary Report No. 659169, title exception 3 as listed in Preliminary Report No. 659170
and title exception 5 as listed in Preliminary Report No. 659171 (ABSTRACT OF
JUDGMENT, United States District Court, Eastern District of California Case Number: 5-92-
995-DFL-JFM), such that District shall take title to the Property free and clear of these
exceptions. In the event Seller fails to accomplish the removal of said title exceptions on or
before the date of the Close of Escrow, escrow shall be cancelled and this Agreement shall be
terminated.
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 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 Seller Escrow Holder's check for the full purchase price of
Purchase Agreement Page 4
the Subject Property (less Seller's portion of the expenses described in Section 3.E, and to
District or Seller, 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. 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. In the event this
Agreement is terminated and escrow is canceled due to Seller's failure to fulfill its obligations
under this Agreement, the One Thousand and No/100 Dollars ($1,000.00) paid into escrow, in
accordance with Section 12 herein, shall be returned to the District.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 et seq. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
A. Authority. Seller has the full right, power and authority to enter into
this Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other
documents delivered by Seller to District now or at the Closing have been or will be duly
authorized and executed and delivered by Seller and are legal, valid and binding obligations of
Seller sufficient to convey to District the Subject Property described therein, and are
enforceable in accordance with their respective terms and do not violate any provisions of any
Purchase Agreement Page 5
agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws
or corporate resolutions of Seller.
C. Good Title. Seller has and at the Closing date shall have good,
marketable and indefeasible fee simple title to the Subject Property and the interests therein to
be conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. Integrity of Property. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
8. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.)
B. Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied
upon by District:
(i) To Seller's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous
Waste has been or is being used, manufactured, handled, generated, stored, treated,
discharged, present, buried or disposed of on, under or about the Property, or transported to
Purchase Agreement Page 6
or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the
foregoing;
(ii) Seller has not received any notice and Seller has no actual
knowledge that any private person or governmental authority or administrative agency or any
employee or agent thereof has determined, alleged or commenced or threatened to commence
any litigation, or other proceedings, to determine that there is a presence, release, threat of
release, placement on, under or about the Property, or the use, manufacture, handling,
generation, storage, treatment, discharge, burial or disposal on, under or about the Property,
or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received
any communication from any such person or governmental agency or authority concerning any
such matters.
C. Indemnity. Seller shall indemnify, defend and hold harmless District
from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by
District, including without limitation, attorney, engineering and other professional or expert
fees, to the extent arising from any breach of the warranties or representations contained
herein.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the
fair market value of the Property described in Exhibit "A", as provided for by the Federal
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-
646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-
256) (42 U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government
Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or
rights Seller may have to any relocation assistance, benefits, procedures, or policies as
provided in said laws or regulations adopted there under and to any other compensation, except
as provided in this Agreement. Seller has been advised as to the extent and availability of such
benefits, procedures, notice periods, and assistance, and freely and knowingly waives such
claims, rights and notice periods except as set forth in this Agreement, including the fair
market value of said Property as provided for by said Federal Law and any corresponding
California Government Code Sections.
10. Charitable Contribution. District and Seller acknowledge that Seller may seek
to characterize and treat this sale as being in whole or in part a charitable contribution to
District. District expresses no opinion as to whether Seller will receive any deduction for
federal or state income tax purposes as result of this transaction. Seller acknowledges and
agrees that Seller is relying solely upon the advice of its own attorneys, accountants and other
professional advisors with respect to all such matters, and to the tax consequences of this
Agreement in general. Without limitation of the foregoing, if such contribution is not
deductible for federal and state income tax purposes, in whole or in part, such non-
Purchase Agreement Page 7
deductibility or non-treatment will not relieve Seller of any of its obligations under this
Agreement or otherwise affect this Agreement in any way or require the payment of any
additional or substitute consideration by District for the purchase of the Subject Property or
entitle Seller to any remedies against District as a result thereof. District agrees to provide
Seller with an executed IRS Form 8283 as evidence of the purchase price accepted by Seller
thereunder.
11. Miscellaneous Provisions.
A. Seller's Disclosure of Property Related Documents By April 8, 2002, Seller
shall furnish to District copies or originals of all documents in its possession or control, or
obtainable from Seller's consultants, attorneys or agents, or of which Seller has knowledge,
which consist of
(i) all documents relating to hazardous waste as defined in Section 8
herein;
(ii) all reports, studies, audits, investigations, inspections, appraisals,
tests, and other inquiry materials concerning any physical or legal condition of the Property, or
any improvement, structure, facility, road, utility, or water facilities thereupon, including, but
not limited to, the environmental or geotechnical condition of the Property and such
improvements;
(iii) all environmental impact reports, CEQA documents, zoning, land
use or development applications or documents relating to the Property;
(iv) all government licenses, permits, entitlements, certificates,
ownership agreements, and legal agreements;
(v) all documents pertaining to any interest of William J. Mitchell
and/or Carolina Mitchell, or the Mitchell 1991 Revocable Living Trust, October 31, 1991
(collectively "Mitchell") in the Property including but not limited to any ownership, use,
occupancy or encumbrance of the Property by Mitchell
(vi) The Trust Agreement pursuant to which Seller holds title to the
Property.
B. Access for Investigations. From the date Seller delivers an executed
copy of this Purchase Agreement to District and until the Closing, District and District's
agents, lender, contractors, engineers, consultants, employees, subcontractors and other
representatives (the "District Parties") may, upon the giving of reasonable advance written
notice to Seller, enter upon the Property for the purpose of inspecting, testing and evaluating
the same; provided, however, that District may not perform any work on the Property without
Purchase Agreement Page 8
Seller's prior written consent, which shall not be unreasonably withheld or delayed and further
provided that District shall give Seller at least 24 hours' prior notice of each proposed entry by
District. District shall indemnify, protect, defend and hold Seller free and harmless from and
against any and all claims, actions, causes of action, suits, proceedings, costs, expenses
(including, without limitation, reasonable attorneys' fees and costs), liabilities, damages, and
liens caused by the activities of District Parties while upon the Property prior to the Closing;
provided, however, the foregoing indemnity shall not cover or include any claims, damages or
liens resulting from District's discovery of any Hazardous Substance or other pre-existing
adverse conditions pursuant to its inspections, testing or evaluation. District's inspections shall
be at District's sole expense. District shall repair any damage to the Property that may be
caused by the District Parties while on the Property performing its inspections.
C. 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.
D. Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action
or proceeding shall be entitled to recover from the other party reasonable expenses and
attorneys' fees in the amount determined by the Court, whether or not such action or
proceeding goes to final judgment. In the event of a settlement or final judgment in which
neither party is awarded all of the relief prayed for, the prevailing party as determined by the
Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees.
E. Amendment and Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time
for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition that is precedent to the performance by
such party of any of its obligations under this Agreement. The General Manager is authorized
to agree to an extension of the time for the performance of any obligations on the part of
District or Seller pursuant to this Agreement, and to take any actions and execute any
documents necessary or appropriate to closing escrow and completing this conveyance,
including execution of any documents which may allow Seller to accomplish a tax deferred
exchange of property as permitted by law; provided, however that the District shall not take
title to any third party property other than the subject Property. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing.
F. 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
Purchase Agreement Page 9
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.
G. Notices. 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, addressed as
indicated as follows:
Seller: David & Jayne Ham, Trustees and Robert Leonard c/o
Tom Barton Real Estate Company, Inc.
960 N. San Antonio Road
Los Altos, CA 94022
(650) 948-3800
FAX (650) 948-3415
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton
General Manager
(650) 691-1200
FAX: (650) 691-0485
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 requirement of written notice as
provided in this Section.
H. Severabilily. 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
Purchase Agreement Page 10
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 which
will achieve, to the extent possible, the economic, business and other purposes of the void or
unenforceable provisions.
I. 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.
J. Waiver. 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.
K. 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.
L. Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
M. Survival of Covenants. All covenants of District or Seller 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.
N. 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.
O. 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.
P. Binding on Successors and Assigns. This Agreement and all of its
terms, conditions and covenants are intended to be fully effective and binding, to the extent
permitted by law, on the successors and permitted assigns of the parties hereto.
Purchase Agreement Page I I
Q. Seller's Broker's Commission. The District has not retained a broker in
connection with this transaction. Seller has entered into the Listing Agreement retaining Tom
Barton Real Estate Inc. as its broker and S. Tom Barton as its agent in connection with this
transaction. Notwithstanding anything to the contrary in the Listing Agreement, solely upon
the successful completion and consummation of this transaction, District shall pay the sum of
$18,000 to Tom Barton Real Estate Inc. as compensation for brokerage services to in
connection with this transaction. No other compensation or commission is due or payable by
District to Tom Barton Real Estate Company, Inc., nor to any other broker, agent, finder,
person or entity. Seller is solely responsible for payment of any and all additional commission
or compensation due to Tom Barton Real Estate Company, Inc. in connection with this
transaction, if any. Seller represents and warrants that no other broker besides Tom Barton
Real Estate Company, Inc., has been retained or consulted by Seller in connection with this
transaction. Seller agrees to defend, indemnify and hold District harmless from any and all
claims, expenses, costs or liabilities arising out of a breach of Seller's representations and
warranties herein, or arising from any broker, agent, finder or person, licensed or otherwise,
claiming through, under or any reason of the conduct of Seller in connection with this
transaction.
R. 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.
S. Pronoun References. In this Agreement, if it be appropriate, the use of
the singular shall include the plural, and the plural shall include the singular, and the use of
any gender shall include all other genders as appropriate.
T. Arbitration of Disputes. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties agree first to participate in non-
binding mediation in order to resolve their dispute. If the parties are unable to resolve their
dispute through mediation, or if there is any remaining unresolved controversy or claim
subsequent to mediation, any remaining unresolved controversy or claim shall be settled by
arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of
the Superior Court of California. The arbitration shall be conducted in accordance with the rules
set forth in California Code of Civil Procedure Sections 1280 et. seq. Hearings shall be held in
Santa Clara or San Mateo County, California. If the parties are unable to agree upon an
arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc.
in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all
cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
Purchase Agreement Page 12
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUT ARBITRATION.
SELLER INITI DISTRICT INITIAL
12. Accotance. Provided that this Agreement is executed by Seller and delivered
to District on or before April 11, 2002, District shall have until midnight April 24, 2002 to
accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. Said offer shall remain irrevocable during this
period without the necessity of execution and acceptance of this Purchase Agreement by
District. As consideration for said irrevocable offer, District has paid into escrow and Seller
acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which
shall be applied to the Purchase Price as set forth in Section 2 hereof.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
Ill
/J/
Purchase Agreement Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT: SELLER.
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
3.0
David L. Ham, Trustee of the Ham
Living Trust, dated December 9, 2000
ACCEPTED FOR RECOMMENDATION
Date:
09=t:s=�
Michael C. Williams, Real Property /-VL-1J)oA1 -I
Representative J e e m, tee of th
Li' mg t date ecember 9, 2000
Date:
APPROVED AS TO FORM:
R ert H. Leonard
Susan ctman, General Counsel
Date:
OMMENDE FOR APPROVAL:
L. Craig Britt n
General Manager
APPROVED AND ACCEPTED:
9 �
President, Board of Directors
ATTEST:
Distr' erk
Date: '��'C�7i
200OuiO3 0, r
APPLICANT: YOUR CONTACT PERSON IS :Alexis Winslow
CALL (650) 941-3523
FAX NO. (650) 941.0621
Barton Real Estate ESCROW ORDER NO. ; 659170
Attention. Tom Barton TITLE ORDER NO. 659170 2ND UPDATE
960 N. San Antonio Road #100 PROPERTY ADDRESS
Los Altos, CA 94022
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY
-(AMENDED 10-17.92)WITH REGIONAL EXCEPTIONS,AND A SPECIFIC REQUEST SHOULD BE MADE
IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specked above, 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 form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are 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 thereto) 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.
Gregory P. Carlson
Assistant Vice President
Order No. 659169
Page No. 2
Dated as of October 15, 2001 at 7:30 a.rn.
Title to said estate or interest at the date hereof is vested in:
WILLIAM J, MITCHELL AND CAROLINA R. MITCHELL, TRUSTEES OF THE MITCHELL 1991
REVOCABLE LIVING TRUST established October 31, 1991, as to an undivided 1/3 interest; ROBERT
H. LEONARD, a single man as to an undivided 1/3 interest; DAVID L. HAM AND JAYNE YEN HAM,
TRUSTEES OF THE HAM FAMILY LIVING TRUST, dated Decmeber 9, 2000, as to an undivided 1/3
interest
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. General and special taxes and assessments for the fiscal year 200 1-2002.
First Installment $126.23 open
Penalty $-0-
Second Installment : $126.23 open
Penalty $-0-
Tax Rate Area 85-002
A. P. No. 351-13-021
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. RIGHTS OF THE PUBLIC over that portion of said land lying within Stevens Creek Canyon Road as
it now exists.
4. EASEMENT shown on Record of Survey Map in Book 141, page 13, and incidents thereto
Purpose None Shown
Affects 50 foot strip within the Southerly portion of premises
5. EASEMENT for the purposes stated herein and incidents thereto
Purpose Ingress and Egress
Granted to Robert H. Leonard
Recorded July 7, 1965, in Book 7021, page 743, Official Records
Affects Exact location not disclosed of record
Terms and conditions contained in the document hereinabove referred to.
Order No. 659169
Page No, 3
ABSTRACT OF JUDGMENT for the amount herein stated and any other amounts due
Court United States District Court Eastern District of California
Case No. Civil No. S-92-995-DFL-JFM
Debtor William J. Mitchell and Carolina R. Mitchell
Soc. Sec. No 548-42-1692 & 548-48.6157
Creditor United States of America
Amount $1,082,000.15
Entered May 24, 1993
Recorded June 1, 1993, in Book M808, page 0353, Official Records
Attorney Robert M. Twiss United States Attorney and John F. Gisla Assistant
United States Attorney
Address 3305 Federal Building, 650 Capital Mail, Sacramento,California 95814
Telephone (916) 551-2700
T THE TERMS and conditions of the Trust under which the vestees herein hold title, and the requirement
that the written Trust Agreement and any Amendments thereto be submitted for examination.
8. A DEED FROM (or the joinder of) the spouse, if any, of any married vestee named herein will be
required when insuring any conveyance, encumbrance or lease to be executed by said vestee.
9. THE RECORDS disclose liens, agreements or other matters against parties with the same or similar
names as David Ham and Robert Leonard and William Mitchell. The name search and this report
cannot be completed until a Statement of Information is obtained. Upon receipt of the Statement it
may require several weeks to clear any items determined to affect the title to the lands described
herein. Please provide the Statement as soon as possible to avoid any delays to the close of escrow.
10. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options
to purchase or rights of first refusal contained therein.
11. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this
Company, or by inquiry of the parties in possession thereof.
INFORMATIONAL NOTES
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
A document recorded December 28, 2000 as 15511704 of Official Records.
From David L. Ham and Jayne Ham, husband and wife, as community property
To David L. Ham and Jayne Yeh Ham, Trustees of The Ham Family Living
Trust, dated December 9, 2000
(INFORMATIONAL NOTES CONTINUED NEXT PAGE)
Order No. 659169
Page No. 4
INFORMATIONAL NOTES: (Continued)
B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years.
I
C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
D) No buyer run made (not famished with order).
E) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based
on equity transferred.
I
' I
I
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i
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Order No. 659169
Page No. 5
LEGAL DESCRIPTION
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as
�I
follows.
3eginning at a one inch iron pipe set at the Northeast corner of the Northwest quarter of the Northeast quarter
of Section 31,Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the East line
of the Northwest quarter of the Northeast quarter of said Section 31, South 1320.00 feet to a 2" x 2" burnt
stake at the Southeast corner of the Northwest quarter of the Northeast quarter of said Section 31; thence
along the Southerly line of the Northwest quarter of the Northeast quarter of said Section 31, North 890 17'
West 931.72 feet to a one inch iron pipe at the Southerly terminus of the line dividing lands formerly of Alvin
B. Carr, et ux, and lands formerly of R. F. Schomberg, et al, as said dividing line was established by
j Judgment made in the Superior Court of the State of California in and for the County of Santa Clara, on
August 1, 1949 in that certain action entitled, "Alvin B. Carr and Effie C. Carr, his wife, Plaintiffs, vs R. F.
Schomberg, et at, nefendants, Case No. 68372, a certified copy of which Judgment was recorded February
16, 1953 in Book 2081 of Official Records, page 504 Santa Clara County Records; thence along said dividing
line was established by said Judgment, North 1317.83 feet to an iron pipe at the Northerly terminus of said
dividing line in the Northerly line of said Section 31; thence along the Northerly line of said Section 31, South
890 25' East 931.70 feet to the point of beginning and being a portion of the Northwest quarter of the
Northeast quarter of said Section 31, Township 7 South, Range 2 West, Mount Diablo Base and Meridian,
and being a portion of that certain parcel of land designated Parcel "A" on the map of Record of Survey on
file in the office of the Recorder of the County of Santa Clara State of California, in Book 141 of Maps, at
page 13.
Excepting therefrom the following described parcel:
Beginning at a one inch iron pipe set at the Northeast corner of the Northwest quarter of the Northeast quarter
of Section 31, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the East line
of the Northwest quarter of the Northeast quarter of said Section 31, South 660.00 feet; thence Northwest to
a point on the line dividing lands formerly of Alvin B. Carr, et ux, and lands formerly of R. F. Schomberg, et
al, as said dividing line was established by Judgment made in the Superior Court of the State of California
in and for the County of Santa Clara, on August 1, 1949 in that certain action entitled, "Alvin B. Carr and Effie
G. Carr, his wife, Plaintiffs, vs. R. F. Schomberg, et al, Defendants", Case No. 68372, a certified copy of
which Judgment was recorded February 16, 1953 in Book 2581 of Official Records, page 504, Santa Clara
County Records, which bears South 658.92 feet from an iron pipe at the Northerly terminus of said dividing
line in the Northerly line of said Section 31; thence along said dividing line was established by said Judgment,
North 658.92 feet to an iron pipe at the Northerly terminus of said dividing line in the Northerly line of said
Section 31; thence along the Northerly line of said Section 31, South 890 25' East 931.70 feet to the point
1
of beginning, 9 and being a portion of the Northwest quarter of the Northeast quarter of said Secti
on 31,
Township 7 South, Range 2 West,Mount Diablo Base and Meridian and being a portion of that certain parcel
of land designated Parcel A on the map of Record of Survey on file in the office of the Recorder of the County
of Santa Clara, State of California, in Book 141 of Maps, at page 13.
APN: 351-13-021
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THIS MAP MAY OR MAY NOT BE A SURVEY OFTHE 'k.
LAND DEPICTED HEREON. IT IS NOT TO BE RELIED ! '
UPON FOR ANY PURPOSE OTHER THAN ORIENTING
ONE'S SELF AS TO THE GENERAL LOCATION OF THE
FArEL OP PARCELS OF INTEREST.FIRST AMERICAN
ASSUMES LIABILITY
08 DAMAGE RESULTING FROM RELIANCE THEREON. I t
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Order No. 6591'0
i
Page No, 2
i
Dated as of October 15, 2001 at '' 30 a ems.
Title to said estate or interest at the date hereof is vested in:
WILLIAM J. MITCHELL AND CAROLINA MITCHELL, his wife as Joint tenants, as to an undivided 113
interest; DAVID L. HAM AND JAYNE YEH HAM,TRUSTEES OF THE HAM FAMILY LIVING TRUST,dated
December 9, 2000 as to an undivided 113 interest; and ROBERT H. LEONARD, a single man as to an
undivided 113 interest
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. General and special taxes and assessments for the fiscal year 2001-2002.
First installment : $126.23 open
Penalty $-0-
Second Installment $126.23 open
Penalty $-0-
Tax Rate Area : 85-002
A. P. No. 351-13-022
2. THE LIEN of supplemental taxes, ifany, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. ABSTRACT OF JUDGMENT for the amount herein stated and any other amounts due
Court United States District Court Eastern District of California
Case No. Civil No. S-92-995-DFL-JFM
Debtor William J. Mitchell and Carolina R. Mitchell
Soc. Sec. No. 548-42-1692; 548-48-6157
Creditor United States of America
Amount $1,082,000.15
Entered May 24, 1993
Recorded June 1, 1993 in Book M808, page 0353, Official Records
Attorney Robert M. Twiss and John F. Gisla
Address 3305 Federal Building, 650 Capitol Mail, Sacramento, CA 95814
Telephone 916-551-2700
4. THE RECORDS disclose liens, agreements or other matters against parties with the same or similar
names as all vestees. The name search and this report cannot be completed until a Statement of
Information is obtained. Upon receipt of the Statement it may require several weeks to clear any items
determined to affect the title to the lands described herein. Please provide the Statement as soon as
possible to avoid any delays to the close of escrow.
5. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options
to purchase or rights of first refusal contained therein.
i
Order No, 659170
Page No. 3
i
6. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this
Company, or by inquiry of the parties in possession thereof.
_ INFORMATIONAL NOTES
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
A document recorded December 28, 2000 as 15511704 of Official Records.
From David L. Ham and Jayne Ham, husband and wife, as community property
To : David L. Ham and Jayne Yeh Ham, Trustees of the Ham Family Living
Trust, dated December 9, 2000 as to an undivided 1/3 interest
B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years.
C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
D) No buyer run made (not fumished with order).
E) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
Order No. 659170
Page No. 4
LEGAL DESCRIPTION
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as
follows:
BEGINNING at a one inch iron pipe set at the Northeast comer of the Northwest quarter of the Northeast
quarter of Section 31, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along the
East line of the Northwest quartet of the Northeast quarter of said Section 31, South 660.00 feet; thence
Northwest to a point on the line dividing lands formerly of Alvin B. Carr, et ux, and lands formerly of R.F.
Schomberg, et al, as said dividing line was established by Judgment made in the Superior Court of the State
of California in and for the County of Santa Clara, on August 1, 1949 in that certain action entitled, *Alvin B.
Carr and Effie G. Carr, his wife, Plaintiffs, vs. R.F. Schomberg,et al, defendants", Case No.68372, a certified
copy of which Judgment was recorded February 16, 1953 in Book 2581 of Official Records, page 504, Santa
Clara County Records, which bears South 658.92 feet from an iron pipe at the Northerly terminus of said
dividing line in the Northerly line of said Section 31; thence along said dividing line as established by said
Judgment, North 658.92 feet to an iron pipe at the *!ortherly terminus of said dividing line in the Northerly line
of said Section 31; thence along the Northerly line of said Section 31, South 890 25' East 931.70 feet to the
point of beginning, and being a portion of the Northwest quarter of the Northeast quarter of said Section 31,
Township 7 South, Range 2 West, Mount Diablo Base and Meridian and being a portion of that certain parcel
of land designated Parcel A and the Map of Record of Survey on file in the Office of the Recorder of the
County of Santa Clara, State of California in Book 141 of Maps, at page 13.
We note but do not insure:
An easement for the purpose for ingress and egress over a strip of land 50 feet in width running in a Northerly
direction from Stevens Creek Canyon Road to the Southerly boundary line thereof.
APN: 351-13-022
►rPIC► Oi COV"' Aial►►OR,WW#TA CLAIM COUMTV CALIPORNIA
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Order No. 659171
Page No, 2
Dated as of October 15, 2001 at 7:30 a,m,
i
Title to said estate or interest at the date hereof is vested in:
WILLIAM J. MITCHELL AND CAROLINA MITCHELL, his wife, as joint tenants, as to an undivided 113
interest; DAVID L. HAM AND JAYNE YEH HAM,TRUSTEES OF THE HAM FAMILY LIVING TRUST,dated
December 9, 2000, as to an undivided 113 Interest; and ROBERT H. LEONARD,a single man, as to an
undivided 113 Interest
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. General and special taxes and assessments for the fiscal year 2001-2002.
First Installment $197.00 open
Penalty : $-0-
Second Installment $197.00 open
Penalty $-0-
Tax Rate Area : 85-002
A. P. No. 351-15-020
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
FT HE PUBLIC over that portion of said land lying
n within Stevens Canyon Road as it now
3. RIGHTS O Y
P Y 9
exists.
4. EASEMENT shown on Record of Survey Map in Book 141, page 13, and incidents thereto
Purpose Not shown
Affects A 50 foot strip within the premises
5. ABSTRACT OF JUDGMENT for the amount herein stated and any other amounts due
Court United States District Court, Eastern District of California
Case No. : Civil No. S-92-995-OFL-JFM
Debtor William J. Mitchell, Carolina R. Mitchell
Sac. Sec. No. : 548-42.1692; 548-48-6157
Creditor United States of America
Amount $1,082,000.15
Entered May 24, 1993
Recorded June 1, 1993 in Book M808, page 0353, Official Records
Attorney Robert M. Twiss, US Attorney
Address 3305 Federal Building, 650 Capitol Mall, Sacramento, CA 95814
Telephone (916) 551-2700
6. A DEED FROM (or the joinder of) the spouse, if any, of any married vestee named herein will be
required when insuring any conveyance, encumbrance or lease to be executed by said vestee.
Order No, 659171
Page No, 3
T THE RECORDS disclose liens, agreements or other matters against parties with the same or similar
names as all vestees. The name search and this report cannot be completed until a Statement of
Information is obtained. Upon receipt of the Statement it may require several weeks to clear any items
determined to affect the title to the lands described herein. Please provide the Statement as soon as
possible to avoid any delays to the close of escrow.
8. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options
to purchase or rights of first refusal contained therein,
9. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this
Company, or by inquiry of the parties in possession thereof.
-----------------------------------------
INFORMATIONAL NOTES
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
A document recorded December 28, 2000 as 15511704 of Official Records.
From David L. Ham and Jayne Ham, husband and wife, as community property
To David L. Ham and Jayne Yeh Ham, Trustees of the Ham Family Living
Trust, dated December 9, 2000, as to an undivided 1/3 interest
B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years.
C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
D) No buyer run made (not furnished with order).
E) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based
on equity transferred.
Order No, 659171
Page No. 4
LEGAL DESCRIPTION
REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as
follows:
Beginning at a 2" x 2" burnt stake at the Northeast corner of the Southwest quarter of the Northeast quarter
of Section 31,Township 7 South, Range 2 West,Mount Diablo Base and Meridian; thence along the East line
of the Southwest quarter of the Northeast quarter of said Section 31, South 709.09 feet to a one inch iron pipe
at the intersection thereof with the center line of Stevens Creek Canyon Road, also known as Stevens Creek
Road; thence along the center line of Stevens Creek Canyon Road North 670 32' 30" West 230.25 feet to a
one inch iron pipe; thence North 310 19' 45"West 261.68 feet to a one inch iron pipe; thence North 62* 06'
30" West 386.60 feet to a one inch iron pipe; and thence North 280 53' 20" West 259.45 feet to a one inch
iron pipe on the Northerly line of the Southwest quarter of the Northeast quarter of said Section 31; thence
leaving Stevens Creek Canyon Road and running along the Northerly line of the Southwest quarter of the
Northeast quarter of Section 31 South 890 17 East 816.05 feet to the point of beginning, being a portion of
the Southwest quarter of the Northeast quarter of Section 31, Township 7 South, Range 2 West, Mount Diablo
Bass and Meridian, and being that certain parcel of land designated Parcel "B" on the Map of Records of
Survey on file in the office of the Recorder of the County of Santa Clara, State of California in Book 141, page
13 of Maps.
APN: 351-15-020
NO- TICS
THIS MAP MAY CR MAY NOT BE A SURVEY OF THE
LAND DEPICT::D HEREX,I. IT IS NOT TO 5E RELIED
UPON FOR ANY FURPOSE OTHER THAN'Or?IENTiNG
ONE'S SELF AS TO THE GENERAL LOCATION Or THE O
PARCEL OR PARO'e_S OF IIJTEREST.FIRST AMERICAN V+
TITLE COMPANY ASSUMES NO LIRBiLITY FOR LOSS
OR DAMAGE RESULTING FROM RELIANCE THEREON.
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