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HomeMy Public PortalAboutResolution - 02-19- 20020626 - Paulin Settlement Purchas lip T t"TT •IT 170 4 requirements of Section 1.103-1 S 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. i I RESOLUTION NO. 02-19 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 26, 2002, at a Regular Meeting thereof, by the following vote: AYES: D. Litt.fe, M. Davey, N. Hanko, L. Ha.6bett, J. Cyh, P. Siemens NOES: K. N itz ABSTAIN: none ABSENT: none ATTEST: APPROVED: Sec et President Boar f 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. c Di Jerk PURCHASE AGREEMENT This Purchase Agreement (hereafter"Agreement") is made and entered into by and between JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust, JACK MANNING PAULIN, ANDREW SHERWOOD PAULIN and EDWARD LEE PAULIN (hereinafter collectively called "Sellers,") 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"). Sellers and District are jointly referred to as the "Parties." RECITALS WHEREAS, Sellers are the owners of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, California and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, bargain purchase or use of eminent domain for public park, recreation, scenic and open space purposes and; WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Sellers wish to sell and convey the entirety of said property to District and District wishes to purchase said property upon the terms and conditions set forth herein; and WHEREAS, there is now pending litigation between Sellers and District entitled MLdpeninsula Regional Open Space District v. Jack Manning Paulin et al., San Mateo County Superior Case No. 41427 1(the "Action")which arose out of a dispute concerning Sellers' activities which occurred on adjoining undeveloped properties owned by District known as the La Honda Creek Open Space Preserve; and WHEREAS, the Parties to this litigation have agreed to settle and resolve all past, present, and future disputes regarding the litigation so as to avoid the cost and burden of further litigation; and WHEREAS, a condition of the Parties' Settlement Agreement provides for the purchase of Sellers' property by District. AGREEMENT z 0 r% NOW, THEREFORE, in consideration of the Parties' execution and the District's Board of Director's approval of this Agreement, and in consideration of the foregoing recitals and the 04000 mutual promises and covenants herein contained, the Parties hereto agree as follows: LAM Purchase Agreement Page 2 I Purchase and Sale. Sellers agree to sell to District and District agrees to purchase from Sellers, Sellers' real property located within an unincorporated area of the County of San Mateo, State of California, described as follows: Fee title to all that certain real property, containing approximately 22 acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Numbers 075-330-190 and 075- 330-200. Said property is further described in the legal description attached to Preliminary Report Number 292939 from Old Republic Title Company dated February 19, 2002. A copy of said Preliminary Report is attached hereto as Exhibit A, and incorporated herein by this reference. 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, appurtenances and other property rights as described hereunder being acquired by District under this Agreement are hereinafter called the "Property," Sellers further agree to quitclaim to District any of Sellers' right, title and interest, if any there be, in District's adjoining real property known as the La Honda Creek Preserve, including but not limited to San Mateo County Assessor's Parcel Numbers 075-330-210, 075- 330-220, and 072-333-030, and referred to hereafter as"the Preserve." 2. Purchase Price. The Total Purchase Price ("Purchase Price") for the Property shall be $2,000,000 (Two Million Dollars) which for purposes of Seller's allocation shall be $1,600,000 for San Mateo County Assessor's Parcel Number 075-330-200 and $400,000 for San Mateo County Assessor's Parcel Number 075-330-190. which shall be paid in cash at the "Closing" as defined in Section 3 hereof, The Purchase Price shall be disbursed to such persons and in such amounts as Sellers shall, by separate escrow instructions, instruct Escrow Holder (defined below)provided Seller's instructions are in accordance with this Agreement, including but not limited to Section 3.G. herein. 3. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at Old Republic Title Company, 601 Allerton Street, Redwood City, CA 94063 (650) 365-8080 (Escrow number 292939) or other title company acceptable to District and Seller(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 June 28,2002, 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 Purchase Agreement Page 3 Holder causes the Grant Deed and Quitclaim Deed(as defined below) to be recorded in the Office of the County Recorder of San Mateo County. B. Sellers 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. Sellers shall deposit into the escrow on or before the Closing executed and recordable Grant Deeds conveying to District the Property as described in Exhibit A and in the form set out in Exhibit B hereto, and executed and recordable Quitclaim Deeds releasing any right, title or interest of Sellers, if any there be, in the Preserve, in the form set out in Exhibit C hereto, and Rescission Statements in the form set out in Exhibit D hereto. D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificates of Acceptance for the Grant Deeds and Quitclaim Deeds duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of the Purchase Price. 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 Sellers in the manner customary in San Mateo County. All delinquent property taxes and Federal and State tax liens shall be paid by Sellers. All current property taxes on the Property shall be pro-rated through escrow between District and Sellers as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Sellers shall cause Old Republic Title 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 $2,000,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) exceptions 5. 6. 7, 8. 9. 10, 11, 12, 13, 14, 15 and 21 as fisted in Preliminary Report Number 292939 dated February 19, 2002 attached hereto as 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 discretion. Sellers shall execute Rescission Statements with respect to title exceptions 18, 19 and 20. 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 Deeds, Quitclaim Deeds and attendant Certificates of Acceptance and Rescission Statements to be recorded in the Office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of Purchase Agreement Page 4 the policy of title insurance required herein, and to Seller Escrow Holder's checks totaling the full Purchase Price of the Property less the sum of$50,000 from Seller Jack Paulin's proceeds ("Impounded Funds') which shall be placed in an Impound Account as described in Section 9.H. herein, and less Sellers' portion of the expenses described in Section 3.E., and to District or Sellers, as the case maybe, 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. District agrees to provide Sellers at closing with a letter pursuant to Internal Revenue Code Section 1033 dated as of the date of final execution of this Agreement by District stating that this purchase is under threat of condemnation as set out in that Section. 5. Sellers' Re presentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Sellers make the following representations and warranties to District, which shall survive close of escrow and recordation of any Deed, each of which is material and is being relied upon by District. A. Authority. Sellers have 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 Sellers to District now or at the Closing have been or will be duly authorized and executed and delivered by Sellers and are legal, valid, and binding obligations of Sellers sufficient to convey to District the Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Sellers are a party or by which Sellers may be bound. C. Good Title. Sellers have good and marketable title to the Property. Sellers have no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Sellers. There are no unsatisfied mechanics' or materialmen's Hen rights on the Property. No assessment Hen or bond encumbers the Property, and no governmental authority has undertaken any action that could give rise to an assessment lien affecting the Property. The only hens against the Property known to Sellers are as set forth in the Preliminary Report attached hereto as Exhibit A D. Leases or Occupancy of Property. Sellers warrant that with the exception of the current occupancy of San Mateo County Assessor's Parcel No. 075-330-200 by Jack Paulin and his family and the License granted to Jack Paulin and his family to occupy a portion of the Property pursuant to Section 9 herein, there are no oral or written leases or rental agreements affecting all or any portion of the Property, nor are there persons occupying or entitled to occupy all or any portion of the Property. Further, no right to use, lease, occupy or possess all or any portion of the Property shall be granted, promised, sold, leased or otherwise transferred during the License Term set out in Section 9 herein. Sellers warrant and agree to indemnify, defend and hold District harmless from any and all costs, liability, loss, damage or expense, including costs for Purchase Agreement Page 5 legal services, occasioned by reason of any such lease, rental agreement or occupancy 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. Sellers understand and agree that the provisions of this Section shall survive the close of escrow and recordation of any Deeds. 6. District's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, District makes the following representations and warranties to Sellers,which shall survive close of escrow and recordation of any Deed, each of which is material and is being relied upon by Sellers. A. General. District warrants and represents that, as of the execution hereof, this Agreement and the performance of District's obligations under it and all the documents executed by District that are to be delivered to Sellers at Close of Escrow are, and at Closing shall be, duly authorized, executed, and delivered by District, and do not, and at Closing shall not, violate any provisions of any agreement or judicial order to which District is a party or to which District is subject. No consent of any party is required for District to enter into or to perform District's obligations under this Agreement, except as has already been obtained. District possesses the legal power of eminent domain to acquire said property. 7. Disclosure of Property Related Documents. Sellers covenants that, within three (3) days of execution of this Agreement by Sellers, Sellers shall furnish to District the following documents in Sellers' possession or control, or reasonably obtainable from Sellers' attorneys, agents, or consultants: All reports, studies, investigations or inspections regarding the improvements located on the Property and the physical, geologic and environmental condition of the Property including but not limited to: I Pest Control Inspection Reports if any; 2. Underground Fuel oil tank inspections if any; 3. Property Inspection Reports if any, 4. Advisory/Disclosure RE Building Permits, Non-Permitted Construction if 5. Sellers' Real Estate Transfer Disclosure Statement; 6. The location, mapping, testing or permitting of the septic Mtem(s). if 7. The location, mapping, inspection, permitting or testing of the well or water system; if any; 8. As built plans, if any, for any improvements, structures, and water system,, if any; 9. The location or locations where motor vehicles or motorized equipment have been maintained and where gasoline or oil have been stored on the Property, if any. Purchase Agreement Page 6 If Sellers have actual knowledge of the existence of any of the foregoing types of documents and such documents are not in Sellers' possession or control or reasonably obtainable from Sellers' consultants, attorney's or agents, within 3 days of execution of this Agreement, Sellers shall identify in writing all such documents and provide District with a list of the same. 8. Integri!y of PropeLty. Except as otherwise provided herein or by express written permission granted by District, Sellers shall not, between the time of Sellers'execution hereof and the close of escrow, cause or allow any physical changes on the Property or the Preserve except for the removal of Sellers' personal property as set out in Section 9 herein. Such prohibited 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. No repair, maintenance or alteration to the Property or any land, vegetation, or improvement thereon may be made without the prior written consent of the District. 9. License, As further consideration for this Agreement, District grants Seller Jack Manning Paulin("Licensee") a temporary license(hereinafter referred to as the"License") to use and occupy an area of the Property commonly referred to as San Mateo County Assessor's Parcel No. 075-330-200 ("the License Parcel"). The term of the License shall be from the date of Close of Escrow as set out in this Agreement and the termination date shall be August 22, 2002 ("the License Term"). The conditions of this License shall be as follows: A. The purpose of the License is for the temporary use and occupancy of the License Parcel as the personal residence of Licensee and his immediate family so that Licensee may have additional time after Close of Escrow to remove Licensee's personal property from the Property. Licensee may not use the License Parcel for any other purpose without District's prior written consent, except for social gatherings of the extended family of Sellers. B. Licensee shall strictly adhere to the provisions of Section 8 of the Agreement to insure that Licensee does not cause or allow any physical changes to the License Parcel or to any portion of the Property or the Preserve during the License term, except as expressly provided otherwise in this Agreement. C. This License is nonassignable. Any purported assignment by Licensee without District's written consent shall be void. No legal title or leasehold interest in the License Parcel is created or vested in Licensee by the grant of this License. D. On or before August 22, 2002, Licensee agrees that he and his family will completely vacate and surrender the License Parcel and the Property and shall remove all of Licensee's personal property from the Property. The personal property to be removed by Licensee by August 22, 2002 is identified on Exhibit E, a copy of which is attached hereto and incorporated by this reference. Licensee shall surrender the License Parcel to District in a clean condition. Purchase Agreement Page 7 E. On or before August 22, 2002, the License Parcel shall be surrendered and vacated without tenants or occupants of any kind. F. During the License Term, Licensee may use and occupy only the License Parcel. Licensee may not enter, use or occupy any other portion of the Property or the Preserve. During the License Tenn, Licensee's right of ingress and egress to the License Parcel is restricted to the"Northside Road" identified as"Easement X'upon Exhibit A to the Complaint filed in the Action, and those roads which pass over the easements formerly held by Sellers identified as Reserved Easements 2, 4, 5 and 6 in that Grant Deed recorded on August 26, 1988 as Document No. 88112785 Official Records, County of San Mateo, California. Licensee may use Easement 3 as an emergency access route in the event the Northside Road or Reserved Easement 2 become impassable and for the purpose of ingress and egress using Licensee's "Military Truck". Licensee may not use former Reserved Easement 1, nor enter Parcel 075-330-190. G. Licensee shall be solely responsible for any and all utilities, repairs, maintenance, and any other costs related to Licensee's use or occupancy of the License Parcel during the License Term and District shall have no obligation or liability therefore. Licensee shall indemnify, defend and hold District harmless from any and all claims, demands, causes of action, damages, costs, and expenses, including reasonable attorneys' fees, ("Claims") in any way arising out of Licensee's acts or omissions under this License or out of Licensee's possession, use or occupancy of the License Parcel, including, without limitation, the removal or remediation of any hazardous waste brought onto the License Parcel by Licensee or his agents, contractors or employees during the term of the License.. The indemnification provisions of this section shall extend to Claims made after the License is terminated as well as while it is in force. H. Impounded Funds. To secure Licensee's performance of the terms and conditions of this License, there shall be established an Escrow Impound Account in the amount of$50,000 as described in Section 3.G. herein. The Parties shall permit escrow to close on the Property pursuant to Section 3 of this Agreement. The Escrow Holder shall establish an impound account containing the sum of$50,000 as described in Section 3.G. of this Agreement (the "Impounded Funds"). Upon Licensee's vacation of the License Parcel by August 22, 2002 in conformity with the terms of the License, District shall deposit with the Escrow Holder a Release Statement signed by District authorizing the release of the Impounded Funds to Licensee. The Escrow Holder shall be directed to pay funds as follows: By check payable to: Jack M. Paulin, On receipt of District's Release Statement and authorization, the escrow holder shall promptly disburse to Licensee Impounded Funds. If, by August 22, 2002, Licensee has failed to vacate the Property in conformity with the License or the Agreement, or has breached the terms of the License, the District shall promptly notify Licensee in writing of any alleged deficiencies in Licensee's removal of personal property during the License period and/or any other alleged breaches of the terms of the License and give Licensee ten days to cure the alleged breaches under the supervision of the District. If at the end of the ten-day period, the District, acting in good faith, is still not satisfied that Licensee has complied with his obligations under the License and under this Agreement, the District shall notify the escrow holder and District may unilaterally authorize the escrow holder to disburse the Impounded Funds to the District. District is Purchase Agreement Page 8 authorized to use that portion of the Impounded Funds to reimburse District for costs incurred by District due to a breach of condition of the License by Seller Licensee to repair any damage caused by Licensee to the License Parcel, Property, or Preserve during the License Term, to institute legal proceedings to recover possession of the License Parcel and/or Property from Licensee should he fail to vacate the License Parcel by August 22, 2002, and to do any and all things District deems reasonably necessary or appropriate to remedy any cost or damage District has suffered as a result of a breach of any term of the License by Licensee. I. Dispute Resolution by Binding Arbitration. In the event the District directs the Escrow Holder to disburse the Impounded Funds to it in accordance with this Section, and a dispute arises between Licensee and District as a result of such disbursal concerning whether District properly ordered the disbursal of and receipt of the Impounded Funds, the parties agree to submit the dispute to final and binding arbitration. The arbitration shall be conducted by the Honorable Read Ambler with the San Jose Office of Judicial Arbitration and Mediation Services (JAMS), or if he is not reasonably available, another JAMS arbitrator who is a former or retired judge of the Superior Court of California. If the parties are unable to agree upon a JAMS arbitrator, one shall be selected for the parties according to the rules of JAMS. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Section 1280 et seq. Each party shall bear its own costs of arbitration. J. No Limitation on Remedies. Nothing herein is intended to nor shall be construed to abrogate, limit or otherwise restrict any other legal or equitable remedy that would otherwise be available to District to require Licensee to perform its obligations under the License or the Sellers to perform their obligations under the Agreement. This Section is not intended to, nor shall be construed to, limit or place a monetary cap upon any other remedies available to District in the event Licensee or Sellers cause injury to the License Parcel, Property or Preserve on or after the date of execution of this Agreement, or breach the Agreement or License. I HAVE READ, UNDERSTOOD AND AGREE TO THE FOREGOING: INITIAL Jack Paulin 10. 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. Purchase Agreement Page 9 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, Sellers make 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) With the exception of the routine use of gasoline and motor oil in motor vehicles maintained and operated on the property by Seller Jack Paulin, in minor amounts, to Sellers' 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 or from the Property, nor have Sellers undertaken, permitted, authorized or suffered any of the foregoing; (ii) Sellers have not received any notice and Sellers have 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 have Sellers received any communication from any such person or governmental agency or authority concerning any such matters. C. Indemnity. Sellers shall indemnify, defend and hold harmless District from and against any 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. Notwithstanding the foregoing, with respect to the warranties and representation set out in Section 10 herein, each of the Sellers shall be severally liable to indemnify the District only for its own breach of said representations and warranties, which are themselves severally made on the basis of each Seller's own knowledge. 11. "AS-IS"Purchase and Sale. Closing of escrow for the transaction contemplated herein shall constitute District's representation that it has examined and inspected the Property and knows and is satisfied with the physical condition, quality, and state of repair of the Property in all respects and has determined that the same is acceptable to District "as is", and "With all faults"condition, and further accepts and agrees to bear all risks regarding all physical conditions and/or defects, latent, patent, or otherwise of the Property except as to the representations and the warranties of Sellers contained in this Agreement, and except as to the obligations of Sellers as set out in Section 10 herein. District agrees and acknowledges that, except as set forth in this Agreement, no other representations, statements or warranties, express or implied, including any Purchase Agreement Page 10 warranties of habitability, merchantability, suitability and fitness for intended purpose have at any time been made by Sellers or their agents, as to the physical condition, quality, or state of repair of the Property. 12. Permission for Access for I=cctio . For the purpose of conducting an inspection to determine, document and photograph the"as is"condition of the property upon execution of this Agreement by Sellers and to determine the location of existing improvements including the septic and water systems, historic dump site(s) and the location where motor vehicles or motorized equipment have been maintained and where gasoline or oil has been stored, District and District's agents, employees and/or consultants(hereafter collectively referred to as"District') may upon giving reasonable advance notice to Sellers, enter upon the property, provided that the District shall give Seller Jack Paulin at least 48 hours' prior notice of each proposed entry by District. For inspection of San Mateo County Assessor's Parcel No. 075-330-190 notice may be provided by telephone notice to Seller Jack Paulin at (650) 851-8 086 (home) and (800) 945-5157 (answering service). For inspection of San Mateo County Assessor's Parcel No. 075-330-200, arrangements shall be made directly with Seller Jack Paulin at the phone numbers listed above for him to be personally present during such inspection or inspections if there are more than one. Sellers agree to cooperate reasonably with District in its inspection of the Property, including any improvements or structures located on the Property. District shall indemnify, hold harmless and defend Sellers from any losses, costs, damages, liabilities and expense caused by District while on Property pursuant to this Permission for Access for Inspection. District's inspection and any study, property document review, or other investigation of the Property shall be at its sole cost. 13. Waiver of Relocation Benefits by Sellers. Sellers understand and agree that they may be entitled to receive certain relocation benefits as the result of their displacement from the Property due to the Agreement under 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 Statues, 246-256 (42 U.S.C. §4601 et seq.) and California Relocation Assistance Act (Government Codes §7260 et seq.) Sellers hereby waive any and all existing and/or future claims or rights Sellers may have to any relocation assistance, benefits, procedures or policies as provided in said laws or regulations adopted there-under. Sellers have been advised by counsel as to the extent and availability of such benefits, procedures, notice periods, and assistance and freely and knowingly waive such claims, rights and notice periods. 14. 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. 15. Attorn eys' 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 Purchase Agreement Page 11 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. 16. 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. 17. 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 constitute neither the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 18. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement, 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: Jack Paulin 16998 Skyline Blvd. rot ,Sky lepo , CA 94062 j".010flAlleo cc: David Rude, Esq. Clark & Rude, LLP Ten Almaden Blvd., Twelfth Floor San Jose, CA 95113 (408) 971-1099 FAX: (408) 971-1133 Seller: Joan Paulin 1955 Newell Road Purchase Agreement Page 12 Palo Alto, CA 94303 (650) 328-1924 Andrew Paulin 239 Moore Street Santa Cruz, CA (831)427-0260 Edward Paulin 716 Laurel Avenue Menlo Park, CA 94025 (650) 326-9855 cc: Carl McConnell, Esq. Hoge, Fenton, Jones &Appel 60 South Market Street, Suite 1400 San Jose, CA 95113 (408) 287-9501 Fax: (408) 287-2583 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 cc: Jack Krug, Esq. Winters, Krug& Delbon 345 Lorton Avenue, Suite 101 Burlingame, CA 94010 (650) 579-1422 Fax: (650) 579-1852 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mad(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. Purchase Agreement Page 13 19. Severabih Lty. 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 which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 20. 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. 21. 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. 22. 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. 23. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 24. 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. 25. 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. 26. 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. Purchase Agreement Page 14 27. 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. 28, Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction pertaining to any broker, agent, or finder engaged, or alleged to have been engaged, by Sellers. Sellers agree to and do hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Sellers in connection with this transaction. 29. 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. 30. 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. Purchase Agreement Page 15 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 "~'V-- Jack Manning Paulin APPROVED AS TO FORM: Date: Susan M. Schectman, General Counsel >L� Date: 1 21 DZ- M. Paulin RECOM NDED FOR APPROVAL: Date: ' L. Craig Bri on, eneral Manager / Andrew erwood Paulin Date: tj � -�� Date: 6 2, APPROVED D ACCEPTED: 01 C-pl Deane Little Edward Lee Paulin President, Board of Directors z Date: Date: L G O ATTEST: ally T dt District Clerk Date: O EXHI j jrr A. OLD REPUBLIC TITLE COMPANY 601 ALLERTON STREET • REDWOOD CnY,CA • 94063 • (650)365-8060 Fax:(650)36"524 PRELIMINA RY REPORT Run To Date Issued for the sole use of: Our Order No. 292939 MID PENINSULA REGIONAL OPEN SPACE DISTRICT 330 DISTEL CIRCLE Reference LOS ALTOS, California 94022 Attention: Thomas Fischer When Replying Please Contact: Rhonda Watts (650) 365-8080 Property Address: 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 tale 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 February 19th 2002 ,at 7:30 A.M. OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to,See Attached Page 1 of 14 Pages ORT 3157-A (Rev. 5/1/00) OLD REPUBLIC'TITLE COMPANY ORDER NO. 292939 Run To Date The form of policy of title insurance contemplated by this report is: a CLTA Standard Coverage (1990) Owner's Policy; AND an ALTA Loan 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 as to Parcels I & II and an EASEMENT as to Parcel III. Title to said estate or interest at the date hereof is vested in: JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust; JACK MANNING PAULIN, a married man as his sole and separate property; ANDREW SHERWOOD PAULIN, an unmarried man and EDWARD LEE PAULIN, an unmarried man, as Tenants in Common, as to Parcel I; JACK MANNING PAULIN, a married man as his sole and separate property; ANDREW SHERWOOD PAULIN, an unmarried man and EDWARD LEE PAULIN, an unmarried man as Tenants in Common, as to Parcel II; and JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust; JACK MANNING PAULIN, a married man as his sole and separate property; ANDREW SHERWOOD PAULIN, an unmarried man and EDWARD LEE PAULIN, an unmarried man, as Tenants in Common, as their interests may appear, as to Parcel III Page 2 of 14 Pages ORT 3157-A1 (Rev 1-1-95) OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date The land referred to in this Report is situated in the County of San Mateo , in the unincorporated area, State of California, and is described as follows: PARCEL I: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN. SEC'S 22, 26, 27, IN T. 6 S. , R. R W. , M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a point marked by a nail & tag L.S.4840 in the approximate center of a bridge, which said point bears South 530 141 31" West 1020 .35 feet from a 4" x 41" post marking the Northeast corner of said Parcel 2, as said 4" x 41" post is shown marking the Northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning South 90 58' 45" East 194.07 feet; thence South 720 10" 32" West 336.05 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence North 840 36, 18" West 556.39 feet a 3/4" iron pipe monument tagged L.S 4840; thence North 330 37" 40" West 159.55 feet to a 3/41' iron pipe monument set in a fir stump; thence North 500 42 " 011' West 237.80 feet to a point in the approximate center of a small creek bed, from which a 3/4" iron pipe monument tagged L.S. 4840 bears North 500 42 " Ol" West 10.00 feet; thence down said small creek bed North 38° 52 ' 12" East 49.41 feet to the intersection of same with La Honda Creek; thence down the approximate centerline of La Honda Creek; thence down the approximate centerline of La Honda Creek North 800 50' 30" East 73.39 feet; thence North 720 51 " 01" East 97.03 feet; thence South 660 16 , 15" East 59.93 feet; thence North 240 14 ' 29" East 62.66 feet; thence North 640 24" 55" East 213 .93 feet; thence South 500 56 " 25" East 54.54 feet; thence North 650 28, 031" East 67.92 feet; thence North 820 41' 02" East 127.89 feet; thence South 710 53 ' 03" East 111.91 feet; thence North 780 47" 20" East 187.35 feet; thence leaving said creek South 410 07" 291' East 85.50 feet to a ""PK" nail & tag L.S. 4840 set in a large boulder; thence South 180 43 " 27" East 204.09 feet to the point of beginning. PARCEL II: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN, SEC'S 22, 26, 27, IN T. 6S. , R.4W. , M.D.B. & M. ALSO BEING A PIN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a found 3/41" iron pipe monument and, thus, tagged L.S. 4840 which said iron pipe is shown on the above mentioned map (44 P.M. 23) marking the Southeast corner of said Parcel 2; thence from said point of beginning along the Southerly line of said Parcel 2 South 890 47" 111" West 565.59 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Easterly edge of a existing road; thence along the Easterly, Northeasterly and Southeasterly edge of said road Page 3 of 14 Pages ORT 3157-C OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date North 190 37' 1511 East 71.28 feet; thence North 50 07' 25" West 16.65 feet; o r rr West 57.59 feet; thence North 77° 6' 38" West 90.88 thence North 33 45 25 3 feet; thence North 480 38 ' 19" West 35.63 feet; thence North 340 51' 15" West 26.69 feet; thence North 40 48' 15" West 71.15 feet; thence North 210 02, 031, East 62.39 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 380 01' 56" East 41.53 feet; thence North 14° 03' 29" East 58.01 feet; thence North 360 47' 10" East 113 .55 feet; thence North 180 021 35" East 92.53 feet; thence North 450 01' 34" East 47.28 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence crossing said road North 260 24 ' 26" West 21.10 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Northwest side of said existing road; thence along the Northerly, Northeasterly, Northwesterly and Westerly side of said road North 820 09' 34" East 36.53 feet; thence South 620 01' 35" East 58.09 feet; thence South 730 53' 02" East 52.88 feet; thence North 550 29' 04" East 134.26 feet; thence North 750 17' 54" East 51-.99 feet; thence North 560 53 ' 52" East 40.44 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 160 33' 52" East 41.28 feet; thence North 210 24' 26" West 109.28 feet; thence North 10° 36, 28" East 75.58 feet; thence North 10° 39' 16" West 137.98 feet; thence North 170 53 ' 56" East 83 .07 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along the edge of said road South 760 06' 49" East 66.21 feet; thence South 630 51' 08" East 97.17 feet; thence along said Easterly line South 370 58' 39" East 97.70 feet to the Easterly line of said Parcel 2; thence South 000 04' 55" West 1012.72 feet to the point of beginning. PARCEL III: TOGETHER WITH all those certain easements designated "RESERVED EASEMENTS", and numbered 1 to 6 in that certain Deed to The Mid-Peninsula Regional Open Space District as recorded August 26, 1988 as Document No. 88112785 Official Records, County of San Mateo. A.P.N. 075-330-190 J.P.N. 75-33-330-01.01 075-330-200 75-33-330-01.02 73-33-330-03 .02 i Page 4 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 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 2002-2003 a lien, but not yet due or payable. 2. Taxes and assessments, general and special, for the fiscal year 2001-2002, as follows: Assessor's Parcel No. 075-330-190 Code No. 70-010 1st Installment $ 55.39 Marked Paid 2nd Installment $ 55.39 NOT Marked Paid Land $ 621.00 Imp. Value : $ 0.00 P.P. Value $ 0.00 Exemption $ 0.00 3. Taxes and assessments, general and special, for the fiscal year 2001-2002 as follows: Assessor's Parcel No. : 075-330-200 Code No. : 70-010 1st Installment $ 62.28 Delinquent Penalty $ 6.22 2nd Installment : $ 62.28 NOT Marked Paid Land $ 1,090.00 Imp. Value $ 0.00 P.P. Value $ 0.00 Exemption : $ 0.00 4. 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. 5. Any easement for water course over that portion of said land lying within the banks of any creek or stream traversing the herein described property and any changes in the boundary lines of said land that have occurred or may hereafter occur from natural causes. 6. Any rights in favor of the public which may exist on said land if said land or portions thereof are or were at any time used by the public. 7. Easement for road purposes over any public or private road. of 14 Pages Page 5 es ORT 3157-D OLD REPUBLIC TITLE COMPANY ORDER NO, 292939 Run To Date 8. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Pacific Gas and Electric Company, a corporation For single line of poles for transmission and distribution of electricity Dated August 27th, 1936 Recorded September 19th, 1936 in Book 712 of Official ,_ cords, Page 116 Affect 11 s the West 1/2 of the Northwest 1/4 of Section 2 of Parcel III 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Pacific Gas and Electric Company, a Calif. corp. For single line of poles and wires running in a North-South direction within that portion of Section 26 herein described Dated April 4th, 1944 Recorded April 17th, 1944 in Book 1113 of Official Records, Page; 219 Affects Parcel III 10 . An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Pacific Gas and Electric Company, a California corporation and The Pacific Telephone and Telegraph Company, a California corporation For the right from time to time to construct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands Recorded April lath, 1978 in Book 7733 of Official Records, Page 972 Affects Parrcel III Note: as set forth on the herein described map which recites as follows: (Parcel 2 being the East 1/2 of the N.E. 1/4 of Sec. 27 and the West 1/2 of the Northwesterly 1/4 of Sec. 26 T6S. R4W, M.D.B. & M. a remainder not surveyed by this map) . Page 6 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 11. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Lloyd J. Allen, a married man, an undivided 61360 interest; Nancy H. Allen, a single woman an undivided 8/360 interest; Margot Allen Hudson, an unmarried woman, an undivided 8/360 interest and Sally Allen Edmondson, a married woman, an undivided 8/360 interest For ingress and egress and public utilities Dated November 29th, 1978 Recorded December 13th, 1978 in Book 7806 of Official Records, Page 1051 Affects a 50 foot wide strip of land in the Northwesterly portion of the herein described land of Parcel III Said easement is also shown on the herein described Parcel Map as being appurtenant to Parcel 1 of said Map. 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Lloyd J. Allen, a married man dealing with his separate property For ingress and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said easement is reserved for the benefit of Parcel 1 of said map or any portions thereof Dated December 4th, 1978 Recorded December 13th, 1978 in Book 7806 of Official Records, Page 1059 Affects Parcel III 13 . An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Sally Allen Edmondson also known as Sally Edmondson, a married woman, dealing with her separate property For ingress and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said easement is reserved for the benefit of Parcel 1 of said map or any portions thereof Dated December lst, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1061 Affects Parcel III Page 7 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 14. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Margot Allen Hudson also known as Margo B. Hudson, an unmarried woman For ingrss and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said Easement is reserved for the benefit of Parcel 1 of said map of any portions thereof Dated : December 6th, 1978 Recorded : December 13th, 1978 in Book 7806 of official Records, Page 1063 Affects : Parcel III 15. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Deed Reserved by: Nancy Allen also known as Nancy H. Allen, a single woman For ingress and egress, public utilities and all common roadway purposes over, under, along and within a strip of land 50 feet wide delineated on the above mentioned map as "Proposed 501 Easement to benefit Parcel ill and having bearings and distances along its center line designated 22 to 28 inclusive on said above mentioned map. Said easement is reserved for the benefit of Parcle 1 of said map or any portions thereof Dated November 29th, 1978 Recorded December 13th, 1978 in Book 7806 of official Records, Page 1065 Affects Parcel III 16. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Calvin Y. Dyer and Dora F. Dyer, husband and wife, in Joint Tenancy For ingress, egress, and utilities fifty (50) feet in width, the center line of which shall be the center line of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) Dated August 25th, 1982 Recorded August 25th, 1982 in official Records, under Recorder's Serial Number 82072762 Affects Parcels II and III Page 8 of 14 Pages OPT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 17. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Deed Granted to Calvin Y. Dyer and Dora F. Dyer, husband and wife, in Joint Tenancy For ingress, egress, and utilities fifty (50) feet in, width, the center line of which shall be the center line of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) Dated August 22nd, 1982 Recorded August 27th, 1982 in official Records, under Recorder's Serial Number 82073811 Affects Parcels II and III 18. CONDITIONS contained in Deed: From: Joan M. Paulin, Jack Manning Paulin, Andrew Sherwood Paulin, Edward Lee Paulin To: MidPeninsula Regional Open Space District, a public district Dated: August 24, 1988 Recorded: August 26, 1988 in Official Records, under Recorder's Serial Number 88112785 19. Matters as contained or referred to in an instrument Entitled Declaration of Restrictions and Grant of Right of First Refusal Executed by: Joan M. Paulin, Jack Manning Paulin, Andrew Sherwood Paulin and Edward Lee Paulin And Between: MidPeninsula Regional Open Space District, a public district Dated August 24th, 1988 Recorded August 26th, 1988 in Official Records under Recorder's Serial Number 8811 2791Q 20 . Matters as contained or referred to in an instrument Entitled : Declaration of Restrictions and Grant of Right of First Refusal Executed by: Joan M. Paulin, Jack Manning Paulin, Andrew Sherwood Paulin and Edward Lee Paulin And Between: MidPeninsula Regional open Space District, a public district Dated : August 24th, 1988 Recorded : August 26th, 1988 in official Records under Recorder's Serial Number 86112791­"� Page 9 of 1 4—Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 21. Matters as contained or referred to in an instrument, Entitled Decree, In the Matter of the Determinations of the Rights of the Various Claimants to the Water of San Gregorio Creek Stream System in San Mateo County, Superior Court Case No. 355792 Recorded February 18th, 1993 in Official Records, under Recorder's Serial Number 93026619 Order Correcting Decree recorded April 6th, 1993 in Official Records, under Recorder's Serial Number 93053614 and Order Modifying Decree recorded June 10th, 1993 in Official Records, under Recorder's Serial Number 93095377. Which among other things provides: Rights to water, its use, electric meters, access to watermaster, transfer procedures, costs, description of places of use, location of points of diversion (pipelines, pumps, reservoirs, stockponds, springs, lakes, wells, etc.) , allotments, etc. Whether as a benefit or a burden to said land, no insurance is undertaken hereby as to said matters. To obtain information on such matters please contact: Barbara Katz, Esq. State Water Resources Control Board 901 P Street Sacramento, CA 95814 (916) 657-2097 22 . Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $240, 000.00 Trustor/Borrower Joan M. Paulin, an unmarried woman, Jack Manning Paulin, a married man, as his sole and separate property, Andrew Sherwood Paulin, an unmarried man and Edward Lee Paulin, an unmarried man Trustee California Reconveyance Company, a California corporation Beneficiary/Lender Great Western Bank, A Federal Savings Bank Dated May 1st, 1989 Recorded May 12th, 1989 in Official Records under Recorder's Serial Number 89061064 Loan No. 0-840533-6 , Returned to Address: P.O. Box 1900, Northridge, CA 91328 Affects Parcel I and Portion of Parcel III. Page 10 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 23. Abstract of Judgment for the amount herein stated and any other amounts due, Creditor County Credit Control Company Debtor Jack Paulin Entered November 9th, 1992 Court San Mateo County Municipal Court, Central Branch Case No. C 118589 Amount $ 8,409.30 Dated December 9th, 1992 Recorded January 15th, 1993 in Official Records, under Recorder's Serial Number 93007331 Creditor's Return Address & Phone: c/o Ernest H. Goldsmith, (SBN 40479) , Law Offices of Ernest H. Goldsmith, 899 Ellis Street, San Francisco, CA 94109, (415) 441-4044 24. Notice of Federal Tax Lien as follows: District San Francisco, CA Serial No. 949611810 Name of Taxpayer Jack Paulin Residence 16998 Skyline Boulevard, Woodside, CA 94062-4421 Identifying Number 573-17-0680 Amount $35,743 .94 Dated July 27th, 1996 Recorded August 5th, 1996 in Official Records under Recorder's Serial Number 96-095531 Place of Filing County Recorder, San Mateo County, Redwood City, CA 94063 Notice Prepared by Manager, 94-01-0000 At San Francisco, CA 25. Notice of Federal Tax Lien as follows: District Northern California Serial No. 949617035 Name of Taxpayer Jack M. & Janna M. Paulin Residence 16998 Skyline Boulevard, Woodside, CA 94062-4421 Identifying Number 573-17-0680 Amount $2, 947.47 Dated October 22nd, 1996 Recorded October 28th, 1996 in Official Records under Recorder's Serial Number 96-133126 Place of Filing County Recorder, San Mateo County, Redwood City, CA 94063 Notice Prepared by Manager, 94-01-0000 At San Francisco, CA Page 11 of 14 Pages ORT 3157-E OLD REPUBLIC TrrLE COMPANY ORDER NO. 292939 Run To Date 26. Action as follows: Plaintiff Joan M. Paulin, an individual; Edward Lee Paulin, an individual; and Andrew Sherwood Paulin, an individual Defendant Jack Manning Paulin, County Credit Control Company, State of California Franchise Tax Board, and all persons and entities unknown claiming any interest in the property, named as Does 1 through 100, inclusive Court Superior Court of the State of California, County of San Mateo Case No. 401712 Commenced August 18th, 1997 Purpose the above action alleges a real property claim As Disclosed by or Notice of Which is Recorded March 5th, 1998 in Official Records, under Recorder's Serial Number 98-029167 Attorney Law offices of W. Patrick Kelley, W. Patrick Kelley, Sr. , Esq. , (Bar #: 104581) 525 University Avenue, Suite 702, Palo Alto, CA 94301 27. Notice of State Tax Lien as follows: Filed With County of San Mateo Certificate No. 99203-001384 Name of Taxpayer Jack Paulin FTB Account No. 573170680 Social Security No. : 573-17-0680 Last Known Address 16998 Skyline Blvd. , Woodside, CA 94062-4421 Amount $1, 290.03 Dated July 22nd, 1999 Recorded August 3rd, 1999 in Official Records under Recorder's Serial Number 1999-131722 Collection Section Lien Desk, P.O. Box 2952, Sacramento, CA 95812-2952 Telephone No. : (916) 845-4350 Page 12 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 28. Terms and conditions contained in the Joan M. Paulin 2000 Revocable Trust as disclosed by Records under November 21st 2000 in official , Grant Deed , , r recorded No Recorder's Serial Number 2000-146312. NOTE: The requirement that either: a. a Certification of Trust be furnished in accordance with Probate Code Section 18100.5; or b. a complete copy of the trust instrument(s) , together with a statement that the trust has not been revoked or otherwise terminated, be furnished for this company's review. The Company reserves the right to make additional exceptions and/or requirements upon review of either of the above. 29. Any interest of the spouse of the Vestee(s) herein and the requirement that said spouse either "quitclaim" or "join" in the execution of any and all documents affecting said land. NOTE: If quitclaiming, it is recommended that the following estoppel language be included: "It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, in and to the herein described property to the grantee as his/her sole and separate property. " -------------------- Informational Notes -------_-__--------- 1. Taxes and assessments, general and special, for the fiscal year 2000-2001 as follows: " Assessor's Parcel No. 075-330-190 Code No. 70-010 1st Installment $ 54.72 Marked Paid 2nd Installment $ 54.72 Marked Paid Land $ 632.00 Imp. Value $ 0.00 P.P. Value $ 0.00 Exemption : $ 0.00 Page 13 of 14 Pages ORT 3157-E OLD REPUBLIC TITLE COMPANY ORDER NO. 292939 Run To Date 2. Taxes and assessments, general and special, for the fiscal year 2000-2001 as follows: Assessor's Parcel No. 075-330-200 Code No. 70-010 1st Installment $ 55.87 Marked Paid 2nd Installment $ 55.87 Marked Paid Land : $ 1, 107.00 Imp. Value $ 0.00 P.P. Value : $ 0.00 Exemption $ 1,107.00 3. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of two years prior to the date hereof except as follows: A Grant Deed executed by Joan M. Paulin to Joan M. Paulin, Trustee of the Joan M. Paulin 2000 Revocable Trust, recorded November 21st, 2000 in Official Records, under Recorder's Serial Number 2000-146312 4. Information shown by the public records and/or The San Mateo County Tax Rolls indicates the mailing address of the vestee(s) herein to be: 716 Laurel Avenue, Menlo Park, CA 94025. FT/je CC: 3 MID PENINSULA REGIONAL OPEN SPACE DISTRICT, 330 DISTEL CIRCLE, LOS ALTOS, CA 94022, Attn: Thomas Fischer Page 14 of 14 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 8,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. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy Date and is binding on you if You bought the land without Knowing of the taking. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; C. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.d,22,23,24,or 25. 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(19") 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 apart; 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 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. S. 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. ORT 3157-J (Continued on next page) 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. S. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,ctairns or tide 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(1992) 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;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(ill)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. created,suffered assumed or agreed to the insured claimant;(b)not known to the Coma and r afters a c Company or other m ) 3. Defects,liens,encumbrances,adverse claims, i g by 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 c resulting ate insured claimant became an insured hereunder;O tun in no m an rior to the d such adisclosed i writin b the insured claimant to the Cog Airy and not n g y Company P oss 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 B,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 Item 8 of Covered Title Risks. 4. Failure to pay value for your title. S. 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 S of Covered Title Risks. ORT 3157-K (Continued on next page) EXHIBIT A(Continued) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(11987)WITH REGIONAL EXCEPTIONS EXCLUSIONS In addition to the exceptions in Schedule B,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 a ly to violations or the enforcement of these matters which appear in the public records at Policy Date. p This exclusion does not limit t9e zoning coverage described in Items 12 and 13 of Covered Tide Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date. the taking happenedprior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Tide 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 tifle 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 tide. 5. Lack of a right: r 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 Tide 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. ORT 3157-L w i a I 22 23 -- — 6 a 5 YL/t;i 27: 26 8L VD. i � / „cos r i 63f I� l b .-izae; 3v.u' cy _ _ � o 'ja• a I �L r �1I'Y 0 w I ��'. ..4•� O ,��1 rS fl. t•1 17, b ' N �. fiTc• N lc•H' __ILiT' V � z 7 r-bog oa' iv3j ia � = ma r. \�\ .a•a• x• .r�•« .. oz. 01.n 'sue � • z a< 41 �. m o �• a xsr m a of � 111Qppp /� V /L I 63 L1 PARCEL U4P VOL 371/5-16 t �s W eQ of y Q PARCEL MAP VOL 44125W PARCEL MAP VOL Se/Q2 W at 3 a,s $ PARCEL MAP VM -V /'-/4 PAR= MAP WL 55172 C& Order.'MS-00000292939 Description: 75.33 Paae 1 of 1 Comment EXHIBIT,.,;, .._.._ WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE Pursuant to Government Code PUBLIC AGENCY ACQUIRING TITLE, GRANT DEED Sections 6103, 27383. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 BY: For a Valuable Consideration, JOAN M. PAULIN, Trustee of the Joan M. Paulin 2000 Revocable Trust, JACK MANNING PAULIN, ANDREW SHERWOOD PAULIN and EDWARD LEE PAULIN Hereby GRANT to 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 The following described real property in the unincorporated area in the County of San Mateo_, State of California: Being more particularly described in Exhibit "I" as attached hereto and incorporated by this reference. A.P.N.: 075-330-190, 075-330-200 COUNTY OF On before me, Joan M. Paulin, Trustee of the Joan M. Paulin Personally appeared 2000 Revocable Trust ❑personally known to me-OR-0 proved to me on the basis of satisfactory evidence STATE OF CALIFORNIA to be the person(s)whose name(s) Jack Manning Paulin istare subscribed to the within instrument and acknowledged to me that helshehhey executed the same in hislherhheir authorized capacityfies), and that by h h signatures) Andrew Sherwood Paulin on the instrumentent thee person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Edward Lee Paulin Exhibit I PARCEL I: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN. SEC'S 22, 26, 27, IN T. 6 S., R. R W., M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a point marked by a nail & tag L.S.4840 in the approximate center of a bridge, which said point bears South 530 14' 3 1" West 1020.35 feet from a 4" x 4" post marking the Northeast comer of said Parcel 2, as said 4" x 4" post is shown marking the Northwest comer of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 &43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning South 90 58' 45" East 194.07 feet; thence South 720 10' 32" West 336.05 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence North 840 36' 18" West 556.39 feet a 3/4" iron pipe monument tagged L.S 4840; thence North 330 37' 40" West 159.55 feet to a 3/4" iron pipe monument set in a fir stump; thence North 500 42' 01" West 237.80 feet to a point in the approximate center of a small creek bed, from which a 3/4" iron pipe monument tagged L.S. 4840 bears North 500 42' 01" West 10.00 feet; thence down said small creek bed North 38052' 12" East 49.41 feet to the intersection of same with La Honda Creek; thence down the approximate centerline of La Honda Creek; thence down the approximate centerline of La Honda Creek North 800 501 30" East 73.39 feet; thence North 720 5 F 01" East 97.03 feet; thence South 660 16' 15" East 59.9'3 feet; thence North 240 14' 29" East 62.66 feet; thence North 640 24' 55" East 213.93 feet; thence South 500 56' 25" East 54.54 feet; thence North 650 28' 03" East 67.92 feet; thence North 820 41' 02" East 127.89 feet; thence South 710 53' 03" East 111.91 feet; thence North 780 47' 20" East 187.35 feet; thence leaving said creek South 410 07' 29" East 85.50 feet to a "PK" nail & tag L.S. 4840 set in a large boulder; thence South 180 43' 27" East 204.09 feet to the point of beginning. PARCEL II: A portion of Parcel 2 as shown on that certain map entitled, "PARCEL MAP OF A RESUBDIVISION OF A PTN, SEC'S 22, 26, 27, IN T. 65., RAW., M.D.B. & M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY, CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 and 24, more particularly described as follows: BEGINNING at a found 3/4" iron pipe monument and, thus, tagged L.S. 4840 which said iron pipe is shown on the above mentioned map (44 P.M. 23) marking the Southeast corner of said Parcel 2; thence from said point of beginning along the Southerly line of said Parcel 2 South 890 47' 11" West 565.59 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Easterly edge of a existing road; thence along the Easterly, Northeasterly and Southeasterly edge of said road North 190 37' 15" East 71.28 feet; thence North 50 07' 25' West 16.65 feet; thence North 330 45' 25" West 57.59 feet; thence North 770 36' 38" West 90.88 feet; thence North 48' 38' 19" West 35.63 feet; thence North 340 51' 15" West 26.69 feet; thence North 40 48' 15" West 71.15 feet; thence North 21' 02' 03" East 62.39 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 380 01' 56" East 41.53 feet; thence North 14' 03' 29" East 58.01 feet; thence North 360 47' 10" East 113.55 feet; thence North 180 02' 35" East 92.53 feet; thence North 450 01' 34" East 47.28 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence crossing said road North 260 24' 26" West 21.10 feet to a 3/4" iron pipe monument tagged L.S. 4840 on the Northwest side of said existing road; thence along the Northerly, Northeasterly, Northwesterly and Westerly side of said road North 820 09' 34" East 36.53 feet; thence South 620 01' 35" East 58.09 feet; thence South 73' 53' 02" East 52.88 feet; thence North 550 29' 04" East 134.26 feet; thence North 75" 17' 54" East 51-99 feet; thence North 560 53' 52" East 40.44 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said edge of road North 160 33' 52" East 41.28 feet; thence North 210 24, 26' West 109.28 feet; thence North 100 36' 28" East 75.58 feet; thence North 100 39' 16" West 137.98 feet; thence North 170 53' 56' East 83.07 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along the edge of said road South 760 06' 49" East 66.21 feet; thence South 630 51' 08" East 97.17 feet; thence along said Easterly line South 370 58' 39" East 97.70 feet to the Easterly line of said Parcel 2; thence South 000 04' 55" West 1012.72 feet to the point of beginning. PARCEL III: TOGETHER WITH all those certain easements designated "RESERVED EASEMENTS", and numbered I to 6 in that certain Deed to The Midpeninsula Regional Open Space District as recorded August 26, 1988 as Document No. 88112785 official Records, County of San Mateo. A.P.N. 075-330-190 075-330-200 Exmsrr-.�� WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Las Altos, CA 94022 Attention: M. Williams DULY RECORDED WITHOUT FEE Pursuant to Government Code NO TRANSFER TAX DUE Sections 6103, 27383. PUBLIC AGENCY ACQUIRING TITLE, QUITCLAIM DEED CALIFORNIA REVENUE AND TAXATION, CODE SECTION 11922 By: JOAN M. PAULIN, JACK MANNING PAULIN, ANDREW SHERWOOD PAULIN, and EDWARD LEE PAULIN, do Hereby REMISE, RELEASE AND FOREVER QUITCLAIM to 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 Any right, title or interest in that certain "EXHIBIT 11" in those certain Deeds to the Midpeninsula Regiona Open Space District as recorded August 26, 1988 as Document No. 88112785 Official Records, as recorded December 29, 1987 as Document No. 87193644 Official Records, as recorded August 9,1990 as Document No. 90106457 Official Records, County of San Mateo. APN: 075-330-210 075-330-220 072-333-030 COUNTY OF By: On before me, Joan M. Paulin Personally appeared By: Jack Manning Paulin 0 personally known to me-OR.0 proved to me on the basis of satisfactory evidence to be the person(s)whose namels) is/are subscribed to the within instrument and acknowledged to me By: STATE OF CALIFORNIA that he/shetthey executed the"me Andrew Sherwood Paulin in his/her/their authorized capacity(iss), and that by his/herttheir signaturels) on the instrument the personts),or the entity upon behalf of which the By: personts)acted,executed the instrument. Edward Lee Paulin WITNESS my hand and official seal. rlXHIOrr yy i A PARCEL "A" Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVION OF A PTN. SEC'S, 22, 26 & 27, IN T. 6 S. , R. 4 W. , M.D.B.& M. ALSO BEING A PTN. OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED 6241 O.R. 406 SAN MATEO COUNTY CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on November 14, 1978 in Volume 44 of Parcel Maps at pages 23 & 24. (a) EXCEPTING THEREFROM a portion of said Parcel 2 more particularly described as follows: Beginning at a point marked by a nail & tag L.S. 4840 in the approximate center of a bridge, which said point bears South 530 14 ' 31" West 1020.35 feet from a 4"x4" post marking the northeast corner of said Parcel 2, as said 4"x4" post is shown marking the northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning South 90 58' 45" East 194.07 feet; thence South 720 10 ' 32" West 336 .05 feet to a 3/4" iron pipe monument tagged L.S.4840; thence North 840 36 ' 18" West 556.39 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence North 330 37' 40" West 159.55 feet to a 3/4" iron pipe monument set in a 36" fir stump; thence North 500 42 ' 01" West 237.80 feet to a point in the approximate center of a small creek bed, from which a 3/4" iron pipe monument tagged L.S.4840 bears North 500 42 ' 01" West 10.00 feet; thence down said small creek bed North 380 52 ' 12" East 49.41 feet to the intersection of same with La Honda Creek; thence down the approximate centerline of La Honda Creek North 800 50 ' 30" East 73 .39 feet; thence North 720 51 ' 01" East 97.03 feet; thence South 660 16' 15" East 59.93 feet; thence North 240 14 ' 29" East 62.66 feet; thence North 640 24 ' 55" East 213.93 feet; thence South 500 56 ' 25" East 54.54 feet; thence North 650 28 ' 03" East 67. 92 feet; thence North 820 41 ' 02" East 127.89 feet; thence South 710 53 ' 03" East 111 .91 feet; thence North 780 47' 20" East 187. 35 feet; thence leaving said creek South 410 07' 29" East 85.50 feet to a "PK" nail & tag L.S.4840 set in a large boulder; thence South 180 43 ' 27" East 204.09 feet to the point of beginning . Said parcel containing 10.413 +/- acres of land and hereinafter referred to as Parcel (a) Exception. (b)ALSO EXCEPTING THEREFROM a portion of said Parcel 2 more particularly described as follows: Beginning at a found 3/4" iron pipe monument and, thus, tagged L.S.4840 which said iron pipe is shown on the above mentioned map. (44 P .M . 23 ) marking the southeast corner of said Parcel 2; thence from said point of beginning along the southerly line of said Parcel 2 South 890 47 ' 11." West 565 .59 feet to a 3/4" iron pipe monument tagged L.S.4840 on the easterly edge of a existing road; thence along the easterly, northeasterly and southeasterly 1 edge of said road North 19* 37 ' 15" East 71 . 28 feet; thence North 50 07' 25" West 16.65 feet; thence North 330 45 ' 25" West 57.59 feet; thence North 770 36 ' 38" West 90 . 88 feet; thence North 480 38' 19" West 35.63 feet; thence North 340 51 ' 15" West 26 . 69 feet; thence North 40 48 ' 15" West 71 . 15 feet; thence North 210 02' 03" East 62.39 feet to a 3/4" iron pipe monument tagged L.S.4840; thence continuing along said edge of road North 380 01 ' 56" East 41 .53 feet; thence North 140 03 ' 29" East 58.01 feet; thence North 36* 47' 10" East 113 .55 feet; thence North 180 02' 35" East 92.53 feet; thence North 450 01 ' 34" East 47.28 feet to a 3/4" iron pipe monument tagged L.S.4840; thence crossing said road North 260 24 ' 26" West 21.10 feet to a 3/4" iron pipe monument tagged L.S.4840 on the northwest side of said existing road; thence along the northerly, northeasterly, northwesterly and westerly side of said road North 820 09 ' 34" East 49.37 feet; thence'kSouth 530 04 ' 38" East 48 .27 feet; thence South 730 53 ' 02" East 52.88 feet; thence North 550 29 ' 04" East 134.26 feet; thence North 750 17' 54" East 51.99 feet; thence North 560 53 ' 52" East 40 . 44 feet to a 3/4" ion pipe monument tagged L.S.4840; thence continuing along said edge of road North 160 33 ' 52" East 41.28 feet; thence North 210 24 ' 26" West 109.28 feet; thence North 100 36 ' 28" East 75.58 feet; thence North 100 39' 16" West 137.98 feet; thence North 170 53' 56" East 83 .07 feet to a 3/4" iron pipe monument tagged L.S.4840; thence continuing along the edge of said road South 760 06 ' 49" East 66.21 feet; thence South 630 51 ' 08" East 97.17 feet; thence along said easterly line South 370 58 ' 39" East 97.70 feet to the easterly line of said Parcel 2; thence South 000 04 ' 55" West 1012.72 feet to the point of beginning. Said parcel containing 11.494 +/- acres of land and hereinafter refer- red to as Parcel (b) Exception. PARCEL "B" TOGETHER WITH A NON-EXCLUSIVE EASEMENT 50 feet wide for Ingress and Egress purposes limited to Midpeninsula Regional Open Space District agents, their successors and assigns, employees and contractors for construction, maintenance, patrol and emergency purposes only over the hereinabove described Parcel (b) Exception, the centerline of said 50 foot wide easement being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing road with the northwesterly line of said Parcel (b) Exception, said point bears South 170 53 ' 56" West 3 .90 feet from the northerly terminus of that course called "North 170 53 ' 56" East 83 .07 feet" in the hereinabove said Parcel (b) Exception, thence from said point of beginning along the centerline of said road South 43© 38' 38" East 11.37 feet to ap point of intersection with the centerline of another road; thence along the approximate centerline of said other road South 170 53i 56" West 71.20 feet; thence South 100 39 ' 16" East 137.31 feet; thence South 100 36 ' 28" West 74.59 feet; thence South 210 24' 26" East 109.85 feet; thence South 160 33 ' 52" West 48.40 feet; thence South 560 53 ' 52" West 45.73 feet; thence South 750 171 . 2 54" West 51 .86 feet; thence South 550 291 04" West 137-24 feet; thence North 730 531 0211 West 59.44 feet; thence North 530 041 28" West 45 .99 feet; thence South 820 091 34" West 41.89 feet to a point in the westerly line of said Parcel (b) Exception and the terminus of the herein described easement. ,-The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 50 foot wide strip from the northwesterly line of said Parcel (b) Exception to the westerly line of said Parcel (b) Exception . EXCEPTING THEREFROM so much of said 50 foot wide easement that may lie outside of said Parcel (b) Exception . PARCEL "C" TOGETHER-WITH A NON-EXCLUSIVE EASEMENT 20 feet wide for Ingress and Egress purposes limited to Midpeninsula Regional Open Space District agents, their successors and assigns , employees and contractors for construction, maintenance, patrol and emergency purposes only over the hereinabove described Parcel (a ) Exception, the centerline of said 20 foot wide easement being more particularly described as follows: Beginning at a point marked by a hail & tag L.S. 4840 in the approximate center of a bridge as said point is referred to in the hereinabove described Parcel (a) Exception; thence from said point of beginning along the approximate centerline of an existing road South 330 541 51" West 36.29 feet; thence South 830 571 48" West 36 . 78 feet; thence North 350' 171 39" West 164.36 feet; thence North 520 371 19" West 110.56 feet; thence North 750 561 27" West 60. 22 feet; thence North 320 09 ' loll West 30.80 feet to a point on the northerly line of said Parcel (a) Exception of which said point is the southeasterly terminus of that course called "South 710 531 03" East 111 .91 feet" in said Parcel (a) Exception. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the easterly line to the northerly line of said Parcel (a) Exception. RESERVING THEREFROM the following described easements referred to as RESERVED EASEMENTS (1) to (6 ) hereinbelow: RESERVED EASEMENT (1) --------------------- RESERVING THEREFROM A NON-EXCLUSIVE Primary Driveway and Public Utility easement 20 feet wide over a portion of the hereinabove described Parcel "A" , the centerline of said 20 foot wide strip being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing road with the northerly line of said Parcel 2 herein- 3 above mentioned in PARCEL "A" , said point bears North 890 56 ' 16" West 100.56 feet from a 4"x4" post marking the northeast corner of the above said Parcel 2 and the northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13r 197 8, thence from sa id Point of beginning g along the centerli ne of said road South 80 51 ' 45" East 307.59 p n O .. South 5 feet, thence South 8 18 50 West 33 .65 feet; thence h 3 57' 06" West 21 .34 feet; thence South 7310 03 ' 42" West 29.51 feet; thence South 840 38' 48" West 105.91 feet; thence North 860 44 ' 12" West 70 . 76 feet; thence North 870 58 ' 07" West 221.24 feet; thence South 800 23 ' 30" West 34.85 feet; thence South 5910 01 ' 22" West 105.92 feet; thence South 740 51 ' 21" West 95 .67 feet; thence South 430 56 ' 34" West 39 . 87 feet; thence South 620 01 ' 43" East 48.10 feet; thence North 850 28' 41" East 62.91 feet; thence South 470 50' 04" West 72.36 feet; thence South 830 18 ' 49" West 50 .94 feet; thence South 200 51 ' 29" West 37.04 feet; thence South 700 22' 15" East 70.83 feet; thence North 840 14 ' 17" East 56.78 feet; thence North 620 22' 40" East 87.82 feet; thence South 830 23 ' 01" East 107.08 feet; thence South 800 14 ' 25" East 177.34 feet; thence South 90 53 ' 38" East 54.64 feet; thence South 64" 13' 14" East 70.87 feet; thence North 790 41 ' 03" East 140.28 feet; thence South 60 44 ' 04" East 62.93 feet; thence South 260 50' 51" West 45.14 feet; thence South 72° 31 ' 57" West 132.19 feet; thence South 750 05 ' 32" West 110 .65 feet; thence North 700 48 ' 31" West 104 .65 feet; thence South 420 29' 19" West 62 .53 feet; thence South 260 56' 04" East 88.44 feet; thence South 000 54' 02" West 96.81 feet; thence South 150 43 ' 49" East 89 .97 feet; thence South 220 24 ' 00" East 83.35 feet; thence South 360 051 49" West 58.93 feet; thence South 500 21 ' 39" West 67.14 feet; thence South 740 33 ' 47" East 65.92 feet; thence South 510 42' 37" East 60.16 feet; thence South 670 10 ' 58" East 49 . 89 feet; thence South 140 18 ' 40" East 78 . 94 feet; thence South 350 30 ' 36" East 89 . 82 feet to a point on the northwesterly line of the hereinabove described Parcel (b) Exception which said point bears South 17" 531 56" West 3 . 90 feet from the northerly terminus of that course called "North 17" 53 ! 56" East 83 .07 feet" in said Parcel (b) Exception and said point being the terminus of the herein described easement. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the northerly line of said Parcel 2 (44 P.M. 23) to the north- westerly line of said Parcel (b) Exception. This easement is subject to extinquishment pursuant to the terms and conditions of that certain Purchase Agreement dated July 27, 1988 between the parties hereto . RESERVED EASEMENT (2) --------------------- ALSO RESERVING THEREFROM A NON-EXCLUSIVE Primary Driveway and Public Utility easement 20 wide over a portion of the hereinabove described PARCEL "A" , the centerline of said 20 foot wide strip 4 being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing -road with the northerly line of said Parcel 2 , said point bears North 890 561 16" West 100.56 feet from a 4"x4" post marking the northeast corner of said Parcel 2 (44 P.M. 23) and ,the northwest corner of Parcel 2 as shown in Volume 42 of Parcel Maps at Pages 42 & 43 filed in the office of the County Recorder of San Mateo County, State of California on June 13, 1978; thence from said point of beginning along the centerline of said road South 80 511 45" East 307.59 feet; thence South 80 181 50" West 33.65 feet; thence South 530 57' 06" West 21.34 feet; thence South 730 031 42" West 29.51 feet; thence South 840 381 48" West 105.91 feet; thence North 860 441 12" West 70.76 feet; thence North 870 581 07" West 221 .24 feet; thence South 800 23 ' 30" West 34.85 feet; thence South 590 011 22" West 105.92 feet; thence South 740 511 21" West 95 .67 feet; thence South 430 561 34" West 39.87 feet; thence South 330 411 43" West 51.36 feet; thence South 220 031 05" West 90 .95 feet; thence South 330 541 51" West 36.29 feet to a nail & tag L.S.4840 in the approximate center of a bridge marking an angle point in the the easterly line of the hereinabove described Parcel (a) Exception. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the northerly line of said Parcel 2 (44 P.M. 23) to the easterly line of the hereinabove described Parcel (a) Exception. RESERVED EASEMENT (3) --------------------- ALSO RESERVING THEREFROM A NON-EXCLUSIVE Secondary Driveway and Public Utility easement 20 wide over a portion of the hereinabove described PARCEL "A" , the centerline of said 20 foot wide strip being more particularly described as follows: Beginning at a point on the northerly line of the above described Parcel (a) Exception; said point being the terminus of that course called "South 710 531 03" East 111 .91 feet" in said Parcel (a) Exception; thence from said point of beginning along the centerline of an existing road North 350 521 50" West 48 . 41 feet; thence North 700 141 5711 West 89.92 feet; thence North 750 511 54" Wes't 93 .32 feet; thence North 800 131 57" West 115 .26 feet; thence South 750 141 12" West 206 .19 feet; thence North 670 231 09" West 53 . 78 feet; thence North 430 071 34" West 78.17 feet; thence South 850 23 ' 25" West 35.11 feet; thence South 570 271 1711 West 71 .62 feet; thence South 690 071 26" West 116.12 feet; thence South 760 401 20" West 88.47 feet; thence North 820 291 29" West 83.35 feet; thence North 320 41 ' 56" West 44 .07 feet to a point of intersection with the centerline of another existing road and said point hereinafter referred as Point "A"; thence continuing along the hereinbefore mentioned centerline North 380 471 48" East 67.19 feet; thence North 56* 161 03" East 57.74 feet; thence North 750 171 30" East 115 .10 feet; thence North 396 161 49" East 39.38 feet; thence North 9* 131 09" West .50.44 feet; thence North 270 121 46" West 87.98 5 feet; thence North 9® 041 09" West 40 feet more or less to the northerly line of said Parcel 2 (44 P.M. 23) and the terminus of the herein described easement. The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the northerly line of the hereinabove described Parcel (a) Exception to the northerly line of said Parcel 2 (44 P.M. 23) . RESERVED EASEMENT (4) -ALSO RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT for spring purposes with rights of access to maintain and operate same (including the rights to place a fence or other reasonably necessary structures around said spring in a manner mutually acceptable to the parties hereto) within a circular shaped portion of the hereinabove described PARCEL "A" , said circular shaped portion of land having a radius of 50 feet with its radius point located at a point which bears South 430 011 35" West 756.66 feet from a 3/4" iron pipe monument tagged L.S.4840 set in a 36" fir stump marking the northwest terminus of that course called "North 33'0 371 40" West 159.55 feet" in the hereinabove described Parcel (a) Exception. RESERVED EASEMENT (5) -------------------- ALSO RESERVING THEREFROM AN EASEMENT for reasonable ingress and egress for repair and maintenance of the water pipelines presently running from the above mentioned spring referred to in Reserved Easement (4) to the hereinabove described Parcel (a) Exception. RESERVED EASEMENT (6) -------------------- AL80 RESERVING THEREFROM AN NON-EXCLUSIVE EASEMENT 20 feet wide for ingress and egress to maintain and operate an existing spring facility within a portion of the hereinabove described RESERVED EASEMENT (4) , the centerline of said 20 foot wide easement being more particularly described as follows: Beginning at a point of intersection of the centerline of an existing road with the perimeter of that 50 foot radius (circular) easement hereinabove described as RESERVED EASEMENT (4) ; said point bears South 440 121 04" West 804.03 feet from a 3/4" iron pipe monument tagged L.S.4840 set in a 36" fir stump marking the northwest terminus of that course called "North 330 371 40" West 159.55 feet" in hereinabove described Parcel (a) Exception; thence from said point of beginning along the centerline of said existing road South 340 491 41" West 104.29,, feet; thence North 40 491 54" West 90. 83 feet; thence North 30 271 24" West 177.02 feet; thence North 100 341 17" East 114.11 feet; thence North 120 001 11" West 85 .22 feet; thence North 20* 141 53" East 64.89 feet; thence North 180 141 39" West 192.54 feet; thence North 680 371 50" West 95 .75 feet; thence North 420 031 56" West 86.13 feet; thence North 560 201 32" West 51.07 6 feet; thence North 310 48 ' 55" West 88.40 feet; thence North 41® 32 ' 03" West 93 .54 feet; thence North 6® 48 ' 13" West 41 . 14 feet; thence North 250 23 ' 10" East 50 .36 feet; thence North 60 47' 06" East 47.65 feet; thence South 750 41' 28" East 157.58 feet; thence South 700 30 ' 47" East 118.99 feet; thence North 890 02 ' 46" East 61 . 84 feet; thence North 860 11 ' 32" East 93 .13 feet; thence North 580 53 ' 25" East 65 . 47 feet to a point referred to as Point"A" in the hereinabove described RESERVED EASEMENT (3) , said point being the northwesterly terminus of that certerline course called North 320 411 56" West 44 .07 07 feet in � said RESERVED EASEMENT (3) and also the terminus of the herein described easement. EXCEPTING THEREFROM SAID EASEMENT so much as may lie outside of the hereinabove described PARCEL "A" . The sidelines of the above described easement are to be shortened or lengthened so as to form a continuous 20 foot wide strip from the perimeter of the hereinabove described circular easement described in RESERVED EASEMENT (4) to the westerly line of the hereinabove 20 foot wide easement described in RESERVED EASEMENT (3) . RESERVED EASEMENTS (1) to (6) shall be appurtenant to the herein- above described Parcel (a) Exception and Parcel (b) Exception. 8/10/88 paultot.des/dk9 RICE! RD SKIS I Joe - F _ u Parcel 1 as shown on that certain map entitled 'PARCEL MAP OF A RSSUBDIVISION OF A PORTION OF SECS. 26, 27, 34 & 35 T6S, R4W, M.D.B. & M., BEING PARCEL "A" AS SHOWN IN VOLUME 29, P.M., PG. 12, SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California, on June 7, 1977 in Boox 37 of Parcel Maps at page(s) 15 and 16. All that certain real property situated in the County of San Mateo , State of California, being a portion of Section 23 , Township 6 South, Range 4 West, Hount Diablo Base and Meridian , more particularly described as follows : BEGINNING at a point on the Northeasterly line of said Section 23 , distant thereon South 36" 151 East 193-50 feet from a 4 inch by 6 inch post marked 11. 11. 8 2M. G. 6, as shown on that certain map entitled "RECORD OF SURVEY , BEING A PORTION OF SECTIONS 22 AND 23 TOWNSHIP 6 SOUTH , RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN SAN MATEO COUNTY , CALIFORNIA- , f iled in the of f ice of the County Recorder of San Mateo County, State of California on June 12, 1962 in Book 5 of Licensed Land Surveyors Maps at pages 20, 21, and 22, (File No. 80189-U) ; thence from said point of beginning , South 58- 211 38" West 200 .11 feet; thence South 36^ 161 50" West 290 . 42 feet; thence South 27- 261 West crossing Skyline Boulevard 142 .09 feet to the intersection of the general Northwesterly line of the lands described in the Deed from Charles Warren Behan, also known as Warren Behan to Carlton E. Morse and wife, dated December 15, 1952 and recorded February 25, 1953 in Book 2372 of Official Records at page 483 (File No . 62350-K) , Records of San Mateo County , California, with the Southerly line of said Skyline Boulevard; thence along the said general Northwesterly line of said lands described in the above mentioned Deed , South 34^ 001 55" West 357 .79 feet (called Uorth 33- 421 19" East 353 .19 feet in said Deed ) to an angle point therein; thence continuing along said general Northwesterly line North 89- 591 08" West 119.22 feet (called 119 .65 feet in said Deed) to the northwesterly corner of said lands of Carlton E. 71orse and wife being the true point of beginning of the lands to be described herein; thence from said point of beginning along the Northerly line of the lands described in the Deed fro,,,! Judith Bechtel to Judith Bechtel , et . al . , dated Oct . 9 , 1985 and recorded Oct . 18, 1985 in Document No . 85109526, Records of San Mateo County, California, North 89- 591 08" West 142 . 39 feet; thence leaving said northerly line South 6^ '291 43" East 61 . 43 feet to a _.3/4" iron pipe monument tagged L .S . 4840; thence continuing along said previous course South 6^ 491 43" East 220 .12 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence South 33^ 121 04" west 164.62 feet to a 3/4" iron pipe monument tagged L.S.4840; thence South 14" 211 21" West 121 .21 feet to a 3/4" iron pipe monument tagged L.S. 4840; thence continuing along said previous course South 14- 211 21" West 29.43 feet to the southerly line of Section 23 being also the southerly line of the hereinabove mentioned Deed to Judith Bechtel , et . al . ; thence along said southerly line South 89- 59 ' 08" East 250.18 feet to" the westerly line of said lands of Carlton E. Morse and wife; thence along the last mentioned line North 4^ 451 37" West 450.29 feet and North 11^ 381 21" East 116 . 93 feet (called 117 .93 in said Deed to Morse) to the true point of beginning . Description: All that certain real property situate in the County of San Mateo, State of California, described as follows: PARCEL A: PARCELS 2, 3 and 4,- as shown on that certain parcel map entitled "PARCEL MAP OF RESUBDIVISION OF A PORTION OF SECS. 26, 27, 34 & 35 , T6S, R4W, M.D.B.&M. , BEING PARCEL "A", AS SHOWN IN VOLUME 29 P:M. , PG 12" , filed in the office of the Recorder of the County of San Mateo, State of California, on June 7, . 1977 in Book 37 of Parcel Maps at page 15. PARCEL B: RIGHT OF WAY for ingress and egress described as follows A strip of land of the uniform width of 50 feet extending from the Easterly boundary line of the Northwest 1/4 of Section 27 , T.6S. , RAW. , M.D.B.&M. , Northwesterly to the Northerly boun- dary line of the South 1/2 of the Northwest 1/4 of said Section 27 and lying equally on each side of the line which begins at a point in the Easterly boundary line (marked by a fence now upon the ground) of the Northwest 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southeast corner of the Northwest 1/4 of said Section 27 bears South 0° 23' East 213 .0 feet distant and runs thence North 560 02-1/2 ' West 184. 6 feet; thence North 580 12-1/2 ' West 273.2 feet; thence North 72' 17' West 135.5 feet; thence North 52' 29 ' West 53 . 8 feet; thence North 340 43-1/2' West 102. 5 feet; thence North 42° 14-1/2' West 230 . 4 feet; thence North 250 29-1/2 ' West 89.5 feet;. thence North 8° 05 ' West 89.2 feet; thence North 2' 43-1/2' East 130 . 0 feet; thence North 7° 24 ' West 66.6 feet; thence North 19° 16 ' West 97.3 feet; thence North 37° 14-1/2' West 70 . 2 feet; thence North 61° 34 ' West 68 feet, more or less , to the Northerly boundary line of the South 1/2 of the Northwest 1/4 of said Section 27 . Description Continued: PARCEL C: RIGHT OF WAY for ingress and egress described as follows: A stripof land of the uniform width of 50 feet extending from ee e g the Westerly boundary of the North 1/2 of the Northwest 1/4. of Section 27 Southeasterly to the Southerly boundary of the North 1/2 of the Northwest 1/4 of Section 27, T.6S. , R.4W. , M.D.B.&M. , and lying equally on each side of the centerline of an existing road now upon the ground; said centerline being at a 'point in the Southerly boundary line of the North 1/2 of - the Northwest 1/4 of said Section 27 from which the Northwest corner of that certain parcel conveyed to Belle Sheridan Ballard and Beulah S. Radar and recorded in Book 1124 at Page 332, Official Records , bears Easterly, alc:ng the Southerly boundary line of the North 1/2 of the Northwest 1/4 of said Section 27, 975 .0 feet and runs thence North 76° 03' West- 53.2 feet; thence North 780 10-1/2 ' West 99 .7 feet; thence North 740 31-1/2' West 70 .1 feet; thence North 860 15 ' West 186.0 feet; thence North 620 45 ' West 66 .1 feet; thence North 290 59 ' West 94 .0 feet; thence North 610 14-1/2' West 49.7 feet; thence South 860 18-1/2 ' West 215 .3 feet; thence North 810 13-1/2' West 65 .0 feet; thence North 640 36-1/2' West 62.0 feet; thence North 580 51-1/2 ' West 130 . 9 feet; thence North 660 13 ' West 144.7 feet; thence South 770 13 ' West 95 .1 feet; thence North 850 54-1/2 ' West 78 . 9 feet; thence North 72° 59 ' West 141 .5 feet; thence North 560 44 ' West 80 .9 feet; thence North 470 37 ' West 142.2 feet; thence North 30° 08-1/2 ' West 97 feet, more or less , to a point in the Westerly boundary line of said Section 27; PARCEL D: RIGHT OF WAY for ingress and egress described as follows : A strip of land of the uniform width of 60 feet extending from the Westerly boundary line of the Northeast 1/4 of Section 27 T. 6S. , RAW. , M.D. B.&M. , Southeasterly to the Southerly boun- dary line of the northeast 1/4 of said Section 27 and lying equally on each side of the line which 'begins at a point in the Westerly boundary line (marked by a fence now upon the groundl.., of the Northeast 1/4 of said Section 27 from which the 4 inch by 4 inch fence post marking the Southwest corner of the Northeast 1/4 of said Section 27 bears South 00 23 ' East 213 .0 feet distant and runs thence South 560 02-1/2 ' East 98.5 feet; thence South 680 32 ' East 52 .0 feet; thence South 890 46 ' East 140 .1 feet; thence South 850 00-1/2' East 226 . 4 feet; thence South 850 00-1/2 ' East 226 . 4 feet; thence South 530 37-1/2 ' (East 53 .0 feet; thence South 310 23-1/2' East 64 . 7 feet; thence South ll0 50-1/2' East 40 feet more or less , to the Southerly boundary line of the Northeast 1/4 of said Section 27. Description Continued: PARCEL E: AN EASEMENT for ingress , egress , and utilities fifty (50) feet in width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated MR-5012) . The land over which this easement runs is described as: All that 'land situated in the County of San Mateo,. State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAP OF, A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26 , AND 27 hN T.6S. , RAW. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME 6241-OR-406, SAN MATEO COUNTY, CALIFORNIA" , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps .,at pages 23 and 24, as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint tenancy, by' Deed recorded August 25 , 1982, under Recorder''s Serial No. 82072762, Official Records. PARCEL F• - AN EASEMENT for ingress , egress , and utilities fifty (50 ) feet in. width, the centerline of which shall be the centerline of an existing road bed the approximate location of which is shown on the 1954 U.S. Geological Survey Map (designated. MR-5012) . The land over which this easement runs is described as: All that land situated in the County of San Mateo, State of California being Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 22, 26, AND 27 IN T. 6S. , R. 4W. , M.D.B. AND M. , ALSO BEING A PORTION OF LANDS DESCRIBED IN THAT DECREE OF DISTRIBUTION RECORDED AT VOLUME; 6241-OR-406 , SAN MATEO COUNTY, CALIFORNIA" , filed in the Office of the County Recorder of San Mateo County on November 14 , 1978 in Book 14 of Parcel Maps at pages 23 and 24 , as granted to Calvin Y. Dyer and Dora F. Dyer , husband and wife, in joint tenancy, by Deed recorded August 27 , 1982 , under Recorder' s Serial No. 82073811 , Official Records . .` II EXHIBIT pECOROtNA RCOVESYCO BY ^Ma wNaM wtcoseco a,.14-To at.r .. C+..a 1 tie $FACIE'ASOVC THIS LIN[ FOR RRCORD&O'5 USE RESCISSION OF DECLARATION OF RESTRICTIONS The undersigned owners hereby rescind, cancel and revoAalithosCovenants, Conditions and Restrictions recorded on ok at Page of the County Recorder's office.The affected property is Lots through as shown upon that certain Parcel Kap entitled filed for record on in Book of Parcel M at Pa in the office of the County Recorder of the County of State of California. The undersigned are all the owners of the p e&8 shown on that certain Map entitled: /s/ Owner of Parcel 1 /s/ Owner of Parcel 2 /s/ Owner of Parcel 3 /s/ Owner of Parce 1 on this Ina-dsycf 19_balersms: } Bible of )(( aL County of Ma untlanl9asd Nditiry�ub14p,9atfoaalty appura4 I 0 personally bnoan to ma O flro�10 Ts an Me fleets OI riltfleelery nldtRea in be tDa penaaitA M4 9/4 t Mii(s) — --subscilbea to sM Wilma lnsiatlneM,sadeollrioWMd9/dlMt WiIN[1118 iay hand end 6Nte151 usl. NOlnry"s talon 7n• A t7nn• nu T 0- CT 70 CT dHW :fiT ';I I T 1 -IT-mnl 3zq 1110 Jul 19 02 08: 29a M R O S D 650 691 0485 p. 2 EXHIBIT E All personal property of Sellers shall be removed from the Property no later than August 22, 2002. The personal property shall include, but not be limited to: • All personal property(items not physically attached) within: - residence, - workroom behind the residence and, - cabin, • Vehicles, trucks, vehicle bodies and parts, • Gasoline, oil, petroleum and containers for such material, • Canopies, car-covers, storage sheds and containers, • Debris, refuse, miscellaneous piping, • Non-suspended electrical lines, • Large pile of cut logs located between the residence and the cabin a Na� Jack Manning Paulin Date: —7 Received Jul-19-2002 00:34am From-650 691 0405 To- Page 002 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This "SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE" ("Settlement Agreement") is dated for reference June 7, 2002. The parties are: Jack Manning Paulin, Joan M. Paulin, Andrew Sherwood Paulin, and Edward Lee Paulin (hereinafter collectively"Paulin"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT(hereinafter"DISTRICT'), a California special district. RECITALS WHEREAS, A. Paulin is the owner of certain real property commonly known as San Mateo County Assessor's Parcel Nos. 075-330-190 and 075-330-200 ("The Paulin Property"). District is the owner of undeveloped real property adjacent to the Paulin Property commonly known as the La Honda Creek Open Space Preserve and which includes San Mateo County Assessor's Parcel Nos. 075-330-210, 075-330-220 and 072- 333-030 ('the Preserve). B. In September 2000, District filed a lawsuit against Paulin in the Superior Court of California, San Mateo County, Case No. 414271 (hereinafter"the Action"). In the Action, District alleged, among other things, that Paulin had engaged in conduct constituting a nuisance and trespass upon the Preserve and causing damage to the Preserve. C. The parties to this Agreement have agreed to settle and resolve all past, present and future disputes regarding the Action and their dispute so as to avoid the cost and burden of further litigation. There has been no admission or determination of fault or liability on the part of any party. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purchase and Sale 1.1 Paulin agrees to sell to District and District agrees to purchase from Paulin the Paulin Property. The purchase price for the Paulin Property shall be the sum of$2,000,000 (Two Million Dollars). 1.2 The Purchase of the Paulin Property shall be pursuant to the Purchase Agreement a copy of which is attached hereto, marked"EXHIBIT I," and incorporated herein by this reference. 1.3 Promptly upon the successful close of escrow and conveyance of the Paulin Property to the District pursuant to the Purchase Agreement and the vacation of the Paulin Property pursuant to Section 9 of the Purchase Agreement, District shall file a dismissal with prejudice of the Action. 2. Waiver of Attorney's Fees and Costs of Litigatio 2.1 Each party waives any claims for attorney fees, court costs, or other remedy against the other and agrees to bear its own costs and attorneys' fees. 3. General Release 3.1 Except as otherwise provided by this Agreement or by the Purchase Agreement ("Exhibit I") District hereby waives, releases and forever discharges Paulin and its officers, officials, employees, agents, insurers, attorneys, successors, and assigns, and each of them, separately and collectively(hereinafter collectively called the"Releasees') from any and all actions, causes of action, obligations, costs, damages, losses, claims, expenses, liabilities and demands brought against or incurred by District(hereafter collectively"Claims") which District has or in the future may have against Releasees, arising out of or in any way connected with or resulting from the matters alleged in the Action. 3.2 District further expressly agrees that this Release shall be binding upon all successors and assigns and shall inure to the benefit of Releasees, and each of them. District further represents that any approvals of this Settlement Agreement required to be obtained by District have been obtained and that they are expressly or otherwise fatly authorized to release and discharge Releasees as described herein. 3.3 Except as otherwise provided by this Agreement or by the Purchase Agreement ("Exhibit I") Paulin hereby waives, releases and forever discharges District and its officers, employees, agents, insurers, reinsurers, attorneys, successors, and assigns, and each of them separately and collectively(hereinafter collectively called the "District Releasees") from any and all actions, causes of action, obligations, costs, obligations, damages, losses, claims, liabilities and demands, ("Claims"), which Paulin has or in the future may have against District, arising out of or in any way connected with or resulting from the matters alleged in the Action. Paulin further hereby waives, releases and forever discharges District from any Claims Paulin has or,in the future may have against District arising out of: 1. That litigation entitled Dyer v Mills, San Mateo Superior Court No. 263093, including the Judgment By Stipulation entered on or about January 31, 1990; 2. That certain agreement entered into to implement the Judgment by Stipulation on or about February 11, 1991 ("the 1991 Agreement"); 3. The easement agreement entered into between the parties on or about October 16, 1991 regarding the Northside Road; and -2- 4. The agreement concerning the Northside Road entered into between the parties on or about October 18, 1996. The foregoing agreements are attached as Exhibits to the Complaint filed by District in the Action. It is the intent of the parties that this Settlement Agreement fully and finally resolve all matters pertaining to the Action and the Exhibits thereto and that upon execution of this Settlement Agreement Paulin its, heirs, successors, assigns, and transferees shall have no remaining rights,title, claim or interest in the Paulin Property, in the Preserve, or in any of the agreements referenced in the Action or attached thereto as Exhibits. 3.4 Each party hereby represents and warrants that no claim or other matter released herein has been assigned or transferred to any person or entity. 3.5 This Release is freely and voluntarily entered into. 3.6 It is further understood and agreed that this settlement is the compromise of a disputed claim, is not to be construed as an admission of liability by the Releasees or the District Releasees and that any liability is expressly denied. 3.7 With respect to the above-stated releases, the Releasees and the District Releasees each hereby expressly waive any and all rights and benefits conferred upon each of them by the provisions of Section 1542 of the California Civil Code, which states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 4. Miscellaneous Terms 4.1 Further Assurances Each party agrees to cooperate in the preparation, signature, recording, or filing, if appropriate, of any additional papers,pleadings, instruments or acknowledgements reasonably necessary to carry out the terms and intent of this Settlement Agreement. 4.2 Entire Agreement -3- This Settlement Agreement and its Exhibits constitute the entire and final agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements, representations, promises, and undertakings of any kind, whether oral or written. 4.3 Successors and Assigns This Settlement Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 4.4 Amendment This Settlement Agreement may be amended only by a written instrument executed by all of the parties hereto. 4.5 Interpretation Each party has reviewed and commented on this Settlement Agreement with legal counsel and has had an opportunity to require changes. The normal rule of construction that any ambiguity is to be resolved against the drafting party shall not be employed in the interpretation of this Settlement Agreement. 4.6 Waiver No waiver of any term of this Settlement Agreement shall be effective unless in writing and signed by the party to be charged. 4.7 Attorneys' Fees In the event any party to this Settlement Agreement retains an attorney to enforce or interpret any provision, the prevailing party shall be entitled to all reasonable expenses and court costs, including attorneys' fees. 4.8 Governing Law and Venue This Settlement Agreement shall be governed by the laws of California. Venue for any litigation hereunder shall be San Mateo County, California. 4.9 Counterparts This Settlement Agreement may be executed in counterpart originals, each of which taken together shall constitute one and the same instrument. 4.10 Counsel -4- Jack Paulin has been represented by David Rude, Clark & Rude; Ten Almaden Boulevard, Suite 1250, San Jose, CA 95113. All other Paulin parties have been represented by Carl McConnell, Hoge, Fenton, Jones & Appel, 60 South Market Street, Suite 1400, San Jose, CA 95113. The District has been represented by Jack Krug, Winters, Krug & Delbon, 345 Lorton Avenue, Suite 101, Burlingame, CA 94010. IN WITNESS WHEREOF, the undersigned parties do hereby execute this Settlement Agreement on the dates written below. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Jack Manning Paulin APPROVED AS TO FORM: Date: Or '0 2— Susan M. Schectman, General Counsel -loan M. Paulin Date: D4te: t� RECOM ENDED �QR APPROVAL: Andrew Sherwood Paulin L. Craig Brittog, eneral Manager Date: Date: L--�� Edward Lee Paulin APPROVED AND ACCEPTED: Date: Z D Z Deane Little President, Board of Directors Date: ATTEST: Sally TlidUofdt District Clerk Date: 6 C -5- Alt,