HomeMy Public PortalAboutResolution - 05-35- 20051220 - Rapley Purchase RESOLUTION 05-35
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AND GRANT DEED RESTRICTIONS,AUTHORIZING GENERAL MANAGER
OR OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT
TO DISTRICT,AND AUTHORIZING GENERAL MANAGER
TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY
OR APPROPRIATE TO CLOSING OF THE TRANSACTION
(RUSSIAN RIDGE OPEN SPACE PRESERVE
LANDS OF PENINSULA OPEN SPACE TRUST)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Mid peninsula Regional Open Space District
rict does hereby accept
t
the offer contained in that certain Purchase Agreement—Bargain Sale between Peninsula Open Space
Trust, a California non-profit, public benefit corporation and Midpeninsula Regional Open Space District,
a California public agency, a copy of which is attached hereto and by reference made a part hereof, and
authorizes the President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The General Manager, President of the Board of Directors, or other appropriate officer is
authorized to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District or the General Manager's designee shall cause to be
given appropriate notice of acceptance to the seller and to extend escrow if necessary. The General
Manager and General Counsel are further authorized to approve any technical revisions to the attached
Agreement and other transactional documents which do not involve any material change to any term of
the Agreement or other transactional documents which are necessary or appropriate to the closing or
implementation of this transaction.
Section Four. The General Manager of the District is authorized to expend up to$5,000 to cover the cost
of title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$3,475,000 from the proceeds of the next long-term District note
issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional
Open Space District solely for purposes of establishing compliance with the requirements of Section
1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with
the District's budgetary and financial circumstances. There are no funds or sources of moneys of the
District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis or
otherwise set aside to pay the costs of this open space land purchase 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 purchase project expenditure.
RESOLUTION No. 05-35
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on December 20, 2005, at a Special Meeting thereof, by the following vote:
AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: K. Nitz
ATTEST: APPROVED:
S cretary President
Board of Directors Board 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.
Distric erk
PURCHASE AGREEMENT
This Agreement(hereinafter called"Agreement") is made and entered into by and
between PENINSULA OPEN SPACE TRUST, a California non-profit,public benefit corporation,
(hereinafter called "POST"), and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a public
district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code,
(hereinafter called "District").
RECITALS
WHEREAS, POST was organized as a non-profit, charitable corporation to solicit, receive
and hold gifts, legacies, devises and conveyances of real and personal property for public park,
conservation and open space purposes, all in a manner complementary to activities of District; and
WHEREAS, the property and assets of POST are irrevocably dedicated to said purposes
and no part of the property and assets of POST shall ever incur to the benefit of any individual; and
WHEREAS, POST is the owner of certain real property which has open space and
recreational value located within an unincorporated area of the County of San Mateo, 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, or bargain purchase for preservation, 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, aesthetic, agricultural and natural resources of the mid peninsula area•
and
WHEREAS, POST out of desire to promote public welfare, and share the natural and
scenic beauty and enjoyment of their property with the citizens of the midpeninsula area, hereby agrees 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.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
and covenants herein contained,the parties hereto agree as follows:
1. Purchase and Sale. POST agrees to sell to District and District agrees to purchase from
POST, POST's real property located within an unincorporated area of the County of San Mateo, State of
California, containing approximately fifty(50.00)acres, more or less, and commonly referred to as San
Mateo County Assessor's Parcel Number 085-130-050. Said real property is further described in the Legal
Description attached to Preliminary Report number 0360005227 from Old Republic Title Company dated
September 13, 2005. 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 and appurtenances shall hereinafter be
called the "Subject Property" or the "Property."
Purchase Agreement Page 2
2. Purchase Price. The total purchase price("Purchase Price")for the Property shall be Six
Hundred Thousand and No/100 Dollars($600,000.00), which shall be paid in cash at the "Closing" as
defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with Section I I
herein, an escrow shall be opened at Old Republic Title Company, 796 El Camino Real, San Carlos, CA
94070(650) 591-6782(Escrow numbers 360005227)or other title company acceptable to District and
POST(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
January 6, 2006. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder
causes the Grant Deed (as defined below)to be recorded in the Office of the County Recorder of San
Mateo County.
B. POST and District shall, during the escrow period,execute any and all documents
and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale
pursuant to the terms of this Agreement.
C. POST shall deposit into the escrow on or before the Closing an executed and
recordable Grant Deed, covering the Property as described in said Exhibit"A".
D. District shall deposit into the escrow,on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly executed
by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of
Five Hundred Ninety nine Thousand and No/I 00 Dollars($599,000.00), which is the balance of the
Purchase Price of Six Hundred Thousand and No/I 00 Dollars as specified in Section 2. The balance of
$1,000 is paid into escrow in accordance with Section I I of this Agreement.
E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if
required by District, and all recording costs and fees. All other costs or expenses not otherwise provided
for in this Agreement shall be apportioned or allocated between District and POST in the manner
customary in San Mateo County. All current property taxes on the Property shall be pro-rated through
escrow between District and POST as of the Closing based upon the latest available tax information using
the customary escrow procedures.
F. POST shall cause Old Republic Title Company, or other title company acceptable,
to District and POST,to be prepared and committed to deliver to District, a CLTA Standard Policy of Title
Insurance, dated as of the Closing, insuring District in the amount of$600,000.00 for the Property showing
title to the Property vested in fee simple in District, subject only to: (i)current real property taxes; (ii)
exception numbers 3, 4 and 5 as listed in Preliminary Report No. 0360005227 dated September 13, 2005;
Purchase Agreement Page 3
and(iii)such additional title exceptions as may be approved in writing by District prior to the Closing as
determined by District in its sole and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing have been
fulfilled,cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Offic of the
County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to
District the original of the policy of title insurance required herein, and to POST Escrow Holder's check for
the full purchase price of the Subject Property(less POSTs portion of the expenses described in Section
3.E.), and to District or POST, as the case may be, all other documents or instruments which are to be
delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all
monies, documents or other things of value deposited in the escrow to the party depositing the same.
4. Covenant Regarding Recognition of Significant Supporters. District shall name the
Subject Property the"Bill and Jean Lane Meadow at the Portola Lookout"area of the Long Ridge Open
Space Preserve in compliance with the criteria set out in District's"Policies for Site Naming and Gift
Recognition"as are in effect as of the date of this Agreement and as such may hereinafter be amended
from time to time by. Any and all costs associated with the installation, repair, and maintenance of such
recognition plaques or signs shall be borne solely by POST.
5. Rip-hts and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any
further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow,
all parties hereto shall be Jointly and severally liable to Escrow Holder for payment of its title and escrow
cancellation charges(subject to rights of subrogation against any party whose fault may have caused such
termination of escrow), and each party expressly reserves any other rights and remedies which it may have
against any other party by reason of a wrongful termination or failure to close escrow.
6. POST's Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property in accordance herewith, POST makes the following representations and
warranties to District, which shall survive close of escrow, each of which is material and is being relied
upon by District.
A. Authori!y. POST has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other documents
delivered by POST to District now or at the Closing have been or will be duly authorized and executed and
delivered by POST and are legal,valid and binding obligations of POST sufficient to convey to District the
Subject Property described therein, and are enforceable in accordance with their respective terms and do
not violate any provisions of any agreement to which POST is a party or by which POST may be bound or
any articles, bylaws or corporate resolutions of POST.
7. Waiver of Relocation Benefits and Statutory Compensation. POST and District
understand and agree that POST may be entitled to receive certain relocation benefits and the fair market
value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation
Assistance and Real Property Acquisition Act of 1970(Public Law 91-646),the Uniform Relocation Act
Amendments of 1987(Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987(101 Statutes, 246-256)(42 U.S.C. '4601 et seq.), and the California Relocation
Assistance Act, Government Code Section 7260 et seq. POST hereby waives any and all existing and/or
future claims or rights POST may have to any relocation assistance, benefits,procedures,or policies as
provided in said laws or regulations adopted there under and to any other compensation,except as
Purchase Agreement Page 4
provided in this Agreement. POST has been advised as to the extent and availability of such benefits,
procedures, notice periods, and assistance, and freely and knowingly waives such claims,rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property.
8. As-Is Purchase and Sale. This sale is made without representation or warranty by POST,
except as expressly set forth in this Agreement. District represents, warrants, acknowledges and agrees
that it has had full and ample opportunity prior to the execution of this Agreement to investigate the
Property including, but not limited to,the physical condition thereof;the presence, absence or condition of
improvements thereon; and that District shall purchase the Property AS-IS WITH ALL FAULTS.
9. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any substance,
material or other thing regulated by or pursuant to any federal, state or local environmental law by reason
of its potential for harm to human health or the environment because of its flammability,toxicity,
reactivity,corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation,
polychlorinated biphenyls, benzene, asbestos,petroleum, petroleum by-products, gas,gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980(42 U.S.C. Section 9601 et seq.)and
the Resource Conservation and Recovery Act(42 U.S.C. Section 6901 et seq.)
B. Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property, POST makes the following representations and warranties to District, which shall
survive close of escrow, each of which is material and is being relied upon by District:
(i) To POST's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has
been or is being used, manufactured, handled, generated, stored,treated, discharged, present, buried or
disposed of on, under or about the Property,or transported to or from the Property, nor has POST
undertaken, permitted, authorized or suffered any of the foregoing;
(ii) POST has not received any notice and POST has no actual knowledge
that any private person or governmental authority or administrative agency or any employee or agent
thereof has determined, alleged or commenced or threatened to commence any litigation, or other
proceedings,to determine that there is a presence, release,threat of release, placement on, under or about
the Property, or the use, manufacture, handling,generation, storage,treatment, discharge, burial or
disposal on, under or about the Property,or the transportation to or from the Property, of any Hazardous
Waste, nor has POST received any communication from any such person or governmental agency or
authority concerning any such matters.
C. Indemnity. POST shall indemnify,defend and hold harmless District from and
against and all claims, liabilities, losses, damages, and costs incurred or suffered by District, including
without limitation, attorney,.engineering and other professional or expert fees,to the extent arising from
any breach of the warranties or representations contained herein. POST obligation to indemnify, defend
and hold harmless pursuant to this Section 9 shall not apply where, based on its own inspections,testing,
evaluations and knowledge of the Property, District knew or had reason to know of the existence of any
Hazardous Waste or underground storage tanks on, under,or about the Property prior to the Closing.
10. Miscellaneous Provisions.
Purchase Agreement Page 5
A. Access for Investigations. From the date POST delivers an executed copy of this
Purchase Agreement to District and until the Closing,District and District's agents, lender,contractors,
engineers, consultants,employees, subcontractors and other representatives("District Parties')may, upon
the giving of reasonable advance written notice to POST, enter upon the Property for the purpose of
inspecting, testing and evaluating the same; provided, however,that District may not perform any work on
the Property without POST's prior written consent, which shall not be unreasonably withheld or delayed
and further provided that District shall give POST at least 24 hours' prior notice of each proposed entry by
District. District shall indemnify, protect,defend and hold POST free and harmless from and against any
and all claims, actions,causes of action, suits,proceedings, costs,expenses(including,without limitation,
reasonable attorneys' fees and costs), liabilities,damages, and liens caused by the activities of District
Parties while upon the Property prior to the Closing; provided, however, the foregoing indemnity shall not
cover or include any claims, damages or liens resulting from District's discovery of any Hazardous Waste
or other pre-existing adverse conditions pursuant to its inspections,testing or evaluation. District's
inspections shall be at District's sole expense. District shall repair any damage to the Property that may be
caused by District Parties while on the Property performing its inspections.
B. 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.
C. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may: (i)waive any inaccuracies in representations
and warranties made by the other party contained in this Agreement or in any documents delivered
pursuant hereto; (ii)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(iii)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 take any actions and execute any documents necessary or
appropriate to closing escrow and completing this conveyance. Any agreement on the part of any party for
any such amendment, extension or waiver must be in writing.
D. Rights Cumulative. Each and all of the various rights,powers and remedies of the
parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies
which the parties may have at law or in equity in the event of the breach of any of the terms of this
Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the
exclusive election thereof nor the waiver of any other right,power or remedy available to such party.
E. Notices. Whenever any party hereto desires or is required to give any notice,
demand, or request with respect to this Agreement or any Exhibit hereto), each such communication shall
be in writing and shall be deemed to have been validly served, given or delivered at the time stated below
if deposited in the United States mail, registered or certified and return receipt requested, with proper
postage prepaid,or if delivered by Federal Express or other private messenger,courier or other delivery
service or sent by facsimile transmission by telex, telecopy,telegraph or cable or other similar electronic
medium, addressed as indicated as follows:
POST: Peninsula Open Space Trust
3000 Sand Hill Road
Bldg. #1, Suite 155
Menlo Park, CA 94025
Attn: Audrey Rust, President
TEL: (650) 854-7696
FAX: (650) 854-7703
Purchase Agreement Page 6
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
TEL: (650)691-1200
FAX: (650)691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled
notice shall promptly be sent by mail(in the manner provided above)to the addressee. Service of any such
communication made only by mail shall be deemed complete on the date of actual delivery as indicated by
the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the
date of mailing,whichever is earlier in time. Either party hereto may from time to time,by notice in
writing served upon the other as aforesaid, designate a different mailing address or a different person to
which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this
Agreement shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this
Section.
F. Severabilily. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction,the decision of
which is legally binding upon both of 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.
G. 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.
H. 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.
I. 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.
J. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
K. Survival of Covenants. All covenants of District or POST which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all representations and
warranties by either party to the other, shall survive the Closing according to their terms and conditions
and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
Purchase Agreement Page 7
L. 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.
M. Further Documents and Acts and Compliance with Applicable Laws. 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 transaction described and
contemplated under this Agreement.
N. 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.
O. 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.
P. 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.
Q. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or
the performance or breach thereof,the parties agree first to participate in non-binding mediation in order to
resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any
remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy
or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired
or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with
the rules set forth in California Code of Civil Procedure Sections 1280 et. seq. including the right to
discovery. Hearings shall be held in Santa Clara or San Mateo County, California. If the parties are
unable to agree upon an arbitrator,the arbitration shall be conducted by Judicial Arbitration and Mediation
Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in
all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE ANY
DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF
DISPUTES"PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO
HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE
SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES"
PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF
THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES"PROVISION TO NEUTRAL ARBITRATION.
POST INITIAL DISTRICT INITIAL
Purchase Agreement Page 8
i
11. Acceptance. Provided that this Agreement is executed by POST and delivered to District
on or before November 10, 2005, District shall have until midnight December 21, 2005 to accept and
execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by
POST to sell and convey the Property to District for the consideration and under the terms and conditions
i
herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution
and acceptance of this Purchase Agreement by District. As consideration for said irrevocable offer,
District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and
No/100($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof.
Provided that this Agreement is accepted by District,this transaction shall close as soon as
possible in accordance with the terms and conditions set forth herein.
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Purchase Agreement Page 9
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: POST.,
MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST,
SPACE DISTRICT a California non-profit,public benefit
corporation
APPROVED AND ACCEPTED:
President, B'p4e6d df Directors Audrey C. Ru6tresident
a -_,2 4 =?OOP Il- a '?e--as-
Date Date
ATTEST:
District C
Date: O
ACCEPTED FOR RECOMMENDATION
Michael C. Williams,Real Property Manager
APPROVED A[S�TO FORM:
Susan M. Schectman, General Counsel
RECOM NDED R APPROVAL:
L. Craig Britto ral Manager
*** OLD REPUBLIC TITLE COMPANY EXHIBIT A
* * 796 El Camino Real,Suite B•San Carlos,CA•94070•(650)591-6782•Fax: (650)591-6789
PRELIMINARY REPORT
Issued for the sole use of: Our Order Number 0360005227-SG
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 DISTEL CIRCLE
LOS ALTOS, CA 94022
Attention: MIKE WILLIAMS When Replying Please Contact:
Susan Goulet
(650) 591-6782
Buyer: Midpeninsula Regional Open Space District
Property Address:
' CA
[Unincorporated area of San Mateo County)
In response to the above referenced application fora policy of title insurance,OLD
po pp pa cy ce,O 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 and Limitations on Covered Risks of said Policy or Policies are set forth in
Exhibit A attached. Limitations on Covered Risks applicable to the Homeowner's Policy of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. 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 tine insurance policy and should be carefully considered.
It is important to note that this preliminary report Is not a written representation as to the condition of title and may
not list all liens,defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,
a Binder or Commitment should be requested.
Dated as of September 13, 2005, at 7:30 AM
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of 9 Pages
n . t S -A RPv. . 1
i
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
The form of policy of tide Insurance contemplated by this report is:
A CLTA Standard Coverage 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 or covered by this Report Is:
a FEE as to Parcel One and EASEMENTS as to Parcels Two and Three.
Title to said estate or Interest at the date hereof is vested in:
Peninsula Open Space Trust, a California non-profit public benefit corporation
The land referred to in this Report is situated in the unincorporated area of the County of San Mateo, state of California,
and is described as follows:
PARCEL I:
THE EASTERLY HALF OF THE NORTHEASTERLY QUARTER OF SECTION 34, TOWNSHIP 7 SOUTH RANGE 3
WEST, MOUNT DIABLO BASE AND MERIDIAN.
EXCEPTING THEREFROM, THE SOUTHERLY 30 ACRES THEREOF.
TOGETHER WITH AND AS APPURTENANT TO THE PREMISES HEREINABOVE DESCRIBED, A NON-EXCLUSIVE
EASEMENT OVER THE SOUTHERLY 30 ACRES OF THE OF THE EASTERLY 1/2 OF THE NORTHEASTERLY
QUARTER OF SECTION 34, TOWNSHIP 7 SOUTH RANGE 3 WEST, M.D.B. & N. FOR INGRESS AND EGRESS
AND FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, OVER, UPON AND UNDER A STRIP
OF LAND 60 FEET WIDE, THE CENTER LINE OF WHICH IS THE CENTER LINE OF AN EXISTING ROADWAY
RUNNING IN A SOUTHWESTERLY AND NORTHWESTERLY DIRECTION COMMENCING ON THE EASTERLY LINE
OF SAID 30 ACRE TRACT OF LAND AT THE SOUTHWESTERLY TERMINUS OF THE EASEMENT DESCRIBED IN
THE DEED AND COVENANT OF EASEMENT EXECUTED BY WALDO H. LEYNSE, ET AL, DATED MARCH 9, 1966
AND RECORDED MARCH 16, 1966 UNDER DOCUMENT NO 47426- Z, RECORDS OF SAN MATEO COUNTY,
CALIFORNIA, AND TERMINATING ON THE SOUTHERLY LINE OF THE PREMISES HEREINABOVE DESCRIBED.
PARCEL II:
A NON-EXCLUSIVE EASEMENT 60 FEET IN WIDTH, FOR INGRESS AND EGRESS OF PEDESTRIANS, VEHICLES
AND FOR HAULING OF LUMBER AND FOR OTHER COMMERCIAL PURPOSES, AND FOR THE INSTALLATION
AND MAINTENANCE OF PUBLIC UTILITY LINES, INCLUDING GAS, WATER, ELECTRICAL AND TELEPHONE
LINES, SITUATED IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE MARKING THE CENTER OF SECTION 35 TOWNSHIP 7 SOUTH RANGE 3 WEST
MOUNT DIABLO BASE & MERIDIAN AND RUNNING NORTH 890 35' 59" WEST 62.32 FEET; THENCE NORTH
360 05' 42" EAST 456.31 FEET; THENCE ON A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 1000 05' 42" AN ARC LENGTH OF 34.94 FEET; THENCE NORTH 840 00' 00"
WEST 353.64 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET
AND A CENTRAL ANGLE OF 500 00' 00" AN ARC LENGTH OF 69.81 FEET TO A POINT OF REVERSE
CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET AND A CENTRAL
ANGLE OF 900 00' 00" AN ARC LENGTH OF 204.20 FEET TO A POINT OF REVERSE CURVATURE; THENCE
Page 2 of 9 Pages
ORT 31.V-8
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 320 11' 00" AN
ARC LENGTH OF 129.19 FEET; THENCE NORTH 760 11' 00"WEST 238.97 FEET; THENCE ALONG A TANGENT
CURVE TO THE LEFT RAVING A RADIUS OF 160.00 FEET AND A CENTRAL ANGLE OF 260 55' 27" AN ARC
LENGTH OF 75.10 FEET; THENCE SOUTH 760 53' 33" WEST 110.00 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT RAVING A RADIUS OF 268.00 FEET AND A CENTRAL ANGLE OF 450 45' 00" AN ARC
LENGTH OF 213.99 FEET; THENCE NORTH 570 21' 27" WEST, 92.00 FEET; THENCE ALONG A TANGENT
CURVE TO TEE RIGHT HAVING A RADIUS OF 535.00 FEET AND A CENTRAL ANGLE 190 37' 27" AN ARC
LENGTH OF 183.24 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 237.00 FEET AND A CENTRAL ANGLE OF 340 46' 00"AN ARC LENGTH OF 143.81 FEET;
THENCE NORTH 720 30' 00" WEST 209.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 390 58' OOW AN ARC LENGTH OF 76.73 FEET; THENCE
III SOUTH 670 32' 00' WEST 80.76 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 560.00 FEET AND A CENTRAL ANGLE OF 210 35' 00", AN ARC LENGTH OF 210.95 FEET; THENCE SOUTH
890 07' 00" WEST, 215.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
620.00 FEET AND A CENTRAL ANGLE OF 170 58' 27" AN ARC LENGTH OF 194.50 FEET; THENCE SOUTHER
710 08' 33" WEST, 81.46 FEET TO A POINT IN THE WESTERLY LINE OF SAID SECTION 35; THENCE
NORTHERLY ALONG SAID WESTERLY LINE NORTH 000 49' 40" EAST, 63.72 FEET; THENCE LEAVING SAID
WESTERLY LINE NORTH 710 08' 33' EAST, 60.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 680.00 FEET AND A CENTRAL ANGLE OF 170 58' 27" AN ARC LENGTH OF 213.32 FEET;
THENCE NORTH 890 07' 00" EAST, 215.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 210 35' 00" AN ARC LENGTH OF 188.35 FEET; THENCE
NORTH 670 32' 00" EAST, 80.76 FEET; THENCE ALONG A TANGENT CURVET THE RIGHT RAVING A RADIUS
OF 170.00 FEET AND A CENTRAL ANGLE OF 350 56' 00" AN ARC LENGTH OF 118.58 FEET; THENCE SOUTH
720 30' 00" EAST 209.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
297.00 FEET AND A CENTRAL ANGLE OF 340 46 00" AN ARC! LENGTH OF 180.22 FEET TO A POINT OF
REVERSE CURVATURE; THENCE ALONG A CURVE TO TEE LEFT HAVING A RADIUS OF 475.00 FEET AND A
CENTRAL ANGLE OF 190 37' 27" AN ARC LENGTH OF 162.69 FEET; THENCE SOUTH 570 21' 27' EAST, 52.00
FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 208.00 FEET AND A CENTRAL
ANGLE OF 450 45' 00" AN ARC LENGTH OF 166.09 FEET; THENCE NORTH 760 53' 33" EAST, 110.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL
ANGLE OF 260 55' 27" AN ARC LENGTH OF 103.38 FEET; THENCE SOUTH 760 11' 00" EAST; 238.97 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL
ANGLE OF 320 11' 00" AN ARC LENGTH OF 157.28 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 900 00, 00" AN
ARC LENGTH OF 109.96 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 140.00 FEET AND A CENTRAL ANGLE OF 500 00' 00" AN ARC LENGTH OF
122.17 FEET THENCE SOUTH 840 00' 00" EAST, 371.74 FEET; THENCE ALONG A TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 20 .00 FEET AND A CENTRAL ANGLE OF 790 30' 30" AN ARC LENGTH OF 27.75
FEET; THENCE NORTH 160 30' EAST 114.48 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 95.00 FEET AND A. CENTRAL ANGLE OF 630 31' 18" AN ARC LENGTH OF 105.32 FEET;
THENCE NORTH 800 01' 18" EAST, 43.56 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 38.00 FEET AND A CENTRAL ANGLE OF 770 00' 00" AN ARC LENGTH OF 51.07 FEET; THENCE
NORTH 30 01' 18" EAST,, 178.10 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 280.00 FEET AND A CENTRAL ANGLE OF 360 15' 35" AN ARC LENGTH OF 177.20 FEET; THENCE NORTH
330 14' 17" WEST 110.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
395.00 FEET AND A CENTRAL ANGLE OF 130 40' 00" AN ARC LENGTH OF 94.22 FEET; THENCE NORTH 460
54' 17"WEST 69.49 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 145.00
FEET AND A CENTRAL ANGLE OF 800 40' 00" AN ARC LENGTH OF 204.14 FEET; THENCE NORTH 330 45' 43"
EAST, 176.54 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 148.95 FEET
Page 3 of 9 Pages
ORT 31.SH-B
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
AND A CENTRAL ANGLE OF 400 29' 17" AN ARC LENGTH OF 105.26 FEET TO A POINT OF REVERSE
CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL
ANGLE OF 440 49' 17" AN ARC LENGTH OF 86.05 FEET; THENCE NORTH 29- 25' 43- EAST, 32.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL
ANGLE OF 380 00' 00" AN ARC LENGTH OF 72.95 FEET; THENCE NORTH 80 34' 17" WEST 75.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT WAVING A RADIUS OF 210.00 FEET AND A CENTRAL
ANGLE OF 310 00' 00" AN ARC LENGTH OF 113.62 FEET; THENCE NORTH 220 25' 43" EAST, 85.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL
ANGLE OF 390 40' 00" AN ARC LENGTH OF 72.69 FEET; THENCE NORTH 170 14' 17" WEST, 80.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET AND A CENTRAL
ANGLE OF 720 29' 17" AN ARC LENGTH OF 164.47 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 REET AND A CENTRAL ANGLE OF 530 45' 00" AN
ARC LENGTH OF 93.81 FEET; THENCE NORTH 1* 30' 00" EAST, 110.00 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 165.00 FEET AND A CENTRAL ANGLE OF 340 15' 00" AN ARC
LENGTH OF 98.63 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 530 16' 35" AN ARC LENGTH OF 46.49 FEET;
THENCE NORTH 170 31' 35" WEST, 50.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 190.00 FEET AND A CENTRAL ANGLE OF 490 42' 42" AN ARC LENGTH OF 164.95 FEET; THENCE
NORTH 670 14' 17" WEST, 80.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 550 52' 10" AN ARC LENGTH OF 219.40 FEET; THENCE
NORTH 110 22' 07" WEST, 70.00 FEET; THENCE LONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 220.00 FEET AND A CENTRAL ANGLE OF 300 22' 07" AN ARC LENGTH OF 116.61 FEET; THENCE NORTH
190 00' 00" EAST 3.96 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 1090 16' 04" AN ARC LENGTH OF 38.14 FEET; THENCE SOUTH 890 43' 56"
WEST, 64.18 FEET TO A POINT IN THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 26
TOWNSHIP 7 SOUTH RANGE 3 WEST, MOUNT DIABLO BASE & MERIDIAN; THENCE NORTHERLY ALONG SAID
EASTERLY LINE NORTH 000 49' 40" EAST, 40.01 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 890
43' 56" EAST, 91.39 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 700 43' 56" AN ARC LENGTH OF 24.69 FEET; THENCE NORTH 190 00' 00"
EAST, 113.92 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 265.00 FEET
AND A CENTRAL ANGLE OF 450 45' 00" AN ARC LENGTH OF 211.60 FEET; THENCE NORTH 640 45' 00" EAST,
235.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A
CENTRAL ANGLE OF 690 00' 00" AN ARC LENGTH OF 48.17 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET AND A CENTRAL ANGLE OF 480 00,
57" AN ARC LENGTH OF 71.23 FEET; THENCE NORTH 520 15' 57" WEST, 200.00 FEET; THENCE ALONG A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 670 15, 00" AN
ARC LENGTH OF 52.82 FEET; THENCE SOUTH 600 29' 03" WEST, 150.00 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET AND A CENTRAL ANGLE OF 1720 15' 30" AN ARC
LENGTH OF 195.42 FEET; THENCE NORTH 50 44' 33" EAST 40.00 FEET; THENCE ALONG A TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 740 46, 251, AN ARC LENGTH OF
32.63 FEET; THENCE NORTH 220 01' 52" WEST 95.00 FEET; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 650 45' 15" AN ARC LENGTH OF
120.50 FEET; THENCE NORTH 430 43' 20" EAST, 75.00 FEET; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 590 19' 00" AN ARC LENGTH OF
103.53 FEET; THENCE SOUTH 760 57' 37" EAST 190.00 FEET; THENCE ALONG A TANGENT CURVE TO THE
LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 380 02' 23" AN ARC LENGTH OF 82.99
FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 110.00 FEET AND CENTRAL ANGLE OF 420 15' 00" AN ARC LENGTH OF 81.11 FEET; THENCE NORTH 220
45' DO- EAST, 40.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00
Page 4 of 9 Pages
ORT 31.SR-B
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
FEET AND A CENTRAL ANGLE OF 610 34' 57" AN ARC LENGTH OF 21.50 FEET; THENCE NORTH 330 49' 57"
WEST, 90.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 485.00 FEET
AND A CENTRAL ANGLE OF 140 35' 00" AN ARC LENGTH OF 123.45 FEET; THENCE NORTH 240 14' 57"WEST,
73 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET AND A
CENTRAL ANGLE OF 660 24' 15" AN ARC LENGTH OF 92.72 FEET; THENCE SOUTH 890 20' 48" WEST, 150.00
FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 160.00 FEET AND A
CENTRAL ANGLE OF 400 24' 00" AN ARC LENGTH OF 112.82 FEET; THENCE NORTH 500 15' 12" WEST 130.00
FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET AND A
CENTRAL ANGLE OF 1270 25' 12" AN ARC LENGTH OF 225.75 FEET TO A POINT OF REVERSE CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF 520 02'
14" AN ARC LENGTH OF 54.49 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SKYLINE BOULEVARD;
THENCE SOUTHEASTERLY ALONG SAID SKYLINE BOULEVARD SOUTH 720 58' 00" EAST, 60.30 FEET: THENCE
ALONG A CURVE TO THE RIGHT FROM A TANGENT BEARING SOUTH 210 04' 17" WEST, AND RAVING A
RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 560 05' 43' AN ARC LENGTH OF 117.49 FEET TO A
POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT RAVING A RADIUS OF 55.00 FEET
AND A CENTRAL ANGLE OF 1270 25' 12" AN ARC LENGTH OF 122.31 FEET; THENCE SOUTH 500 15' 12"
EAST, 130.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT RAVING A RADIUS OF 100.00 FEET
AND A CENTRAL ANGLE OF 400 24' 00" AN ARC LENGTH OF 70.51 FEET; THENCE NORTH 890 20' 48" EAST,
150.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 140.00 FEET AND A
CENTRAL ANGLE OF 660 24' 15" AN ARC LENGTH OF 162.26 FEET; THENCE SOUTH 240 14' 57" EAST 73.00
FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 425.00 FEET AND A CENTRAL
ANGLE OF 140 35' 00" AN ARC LENGTH OF 108.17 FEET; THENCE SOUTH 330 49' 57" EAST, 90.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL
ANGLE OF 610 34' 57" AN ARC LENGTH OF 85.98 FEET; THENCE SOUTH 220 45' 00" WEST 40.00 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL
ANGLE OF 420 15' 00" AN ARC LENGTH OF 125.36 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 185.00 FEET AND A CENTRAL ANGLE OF 380 02' 23"
AN ARC LENGTH OF 122.82 FEET; THENCE NORTH 760 57' 37' WEST, 190.00 FEET; THENCE ALONG A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 590 19, 001, AN
ARC LENGTH OF 41.41 FEET; THENCE SOUTH 430 43' 23" WEST, 75.00 FEET; THENCE ALONG A TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 650 45, 151, AN ARC
LENGTH OF 51.64 FEET; THENCE SOUTH 220 01' 52" EAST 141.12 FEET; THENCE ALONG A TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 970 29' 05" AN ARC LENGTH OF
68.06 FEET THENCE NORTH 600 29' 03" EAST, 8.91 FEET; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL ANGLE OF 670 15' 00" AN ARC LENGTH OF
123.24 FEET; THENCE SOUTH 520 15' 57" EAST, 200.00 FEET; THENCE ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 145.00 FEET AND A CENTRAL ANGLE OF 480 00' 57" AN ARC LENGTH OF
121.52 FEET TO A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 100.00 FEET AND A CENTRAL ANGLE CF 690 00' 00" AN ARC LENGTH OF 120.43 FEET; THENCE
SOUTH 640 45' 00" WEST, 235.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT RAVING A RADIUS
OF 205.00 FEET AND A CENTRAL ANGLE OF 450 45' 00" AN ARC LENGTH OF 163.39 FEET; THENCE SOUTH
190 00' 00" WEST, 202.63 FEET THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
160.00 FEET AND A CENTRAL ANGLE OF 300 22' 07" AN ARC LENGTH OF 84.81 FEET; THENCE SOUTH 110
22' 07" EAST, 70.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 165.00
FEET AND A CENTRAL ANGLE OF 550 52' 10" AN ARC LENGTH OF 160.89 FEET; THENCE SOUTH 670 14' 17"
EAST, 80. 00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET
AND A CENTRAL ANGLE OF 490 FEET 42' 42" AN ARC LENGTH OF 216.91 FEET; THENCE SOUTH 170 31' 35'
EAST 50.00 FEET THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET
AND A CENTRAL ANGLE OF 530 16' 35" AN ARC LENGTH OF 102.28 FEET TO A POINT OF REVERSE
Page 5 of 9 Pages
ORT 31 SR-B
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 105.00 FEET AND A CENTRAL
ANGLE OF 340 15' 00" AN ARC LENGTH OF 62.77 FEET; THENCE SOUTH 10 30' 00" WEST, 110.00 FEET,
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 160.00 FEET AND A CENTRAL
ANGLE OF 530 45' 00" AN ARC LENGTH OF 150.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 720 29, 17" AN
ARC LENGTH OF 88.56 FEET; THENCE SOUTH 17* 14' 17" EAST 80.00 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 165.00 FEET AND A CENTRAL ANGLE OF 390 40' 00" AN ARC
LENGTH OF 114.23 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 150.00
FEET AND A CENTRAL ANGLE OF 310 00' 00" AN ARC LENGTH OF 81.16 FEET THENCE SOUTH 80 34' 17"
EAST, 75.00 FEET THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET
AND A CENTRAL ANGLE OF 380 00' 00" AN ARC LENGTH OF 112.75 FEET; THENCE SOUTH 290 25' 43" WEST,
32.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET TO A
CENTRAL ANGLE OF 440 49' 17" AN ARC LENGTH OF 132.99 FEET TO A POINT OF REVERSE CURVATURE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 88.95 FEET AND A CENTRAL ANGLE OF 400 29'
17" AN ARC LENGTH OF 62.86 FEET; THENCE SOUTH 330 45' 43" WEST, 176.54 FEET; THENCE ALONG A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 85.00 FEET AND A CENRAL ANGLE OF 800 40, 001, AN
ARC LENGTH OF 119.67 FEET; THENCE SOUTH 460 54' 17" EAST, 69.49 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT RAVING A RADIUS OF 455.00 FEET AND A CENTRAL ANGLE OF 130 40' 00" AN ARC
LENGTH OF 108.53 FEET; THENCE SOUTH 33- 14' 17" EAST, 110.00 FEET THENCE ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 340.00 FEET AND A CENTRAL ANGLE OF 360 15' 351, AN ARC
LENGTH OF 215.17 FEET; THENCE SOUTH 30 01' 18" WEST, 178.70 FEET; THENCE ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 98.00 FEET AND A CENTRAL ANGLE OF 770 00' 00" AN ARC
LENGTH OF 131.70 FEET THENCE SOUTH 800 01' 18" WEST, 43.56 FEET; THENCE ALONG A TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 630 31' 18"AN ARC LENGTH OF
38.80 FEET; THENCE SOUTH 160 30' 00" WEST, 156.06 FEET; THENCE SOUTH 160 05' 42" WEST, 498.93
FEET TO THE POINT OF BEGINNING.
SAVE AND EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF MORE
PARTICULARLY IDESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 26 TOWNSHIP
7 SOUTH RANGE 3 WEST MOUNT DIABLO BASE & MERIDIAN FROM WHICH AN IRON PIPE MARKING THE
SOUTHEAST OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 26 BEARS SOUTH 440 25' 56" EAST, 919.91 FEET DISTANT AND RUNNING THENCE
NORTHERLY ALONG SAID WESTERLY LINE NORTH 000 49' 40" EAST, 40.01 FEET; THENCE LEAVING SAID
WESTERLY LINE NORTH 890 43' 56" EAST, 91.39 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT
RAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 700 43' 56" AN ARC LENGTH OF 24.69 FEET;
THENCE SOUTH 190 00' WEST, 84.73 FEET; THENCE ALONG A CURVE TO THE LEFT FROM A TANGENT
BEARING NORTH 190 00' EAST, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 1090 16- 04'
AN ARC LENGTH OF 38.14 FEET; THENCE SOUTH 890 43' 56" WEST, 64.18 FEET TO THE POINT OF
BEGINNING.
APN: 085-130-050
3PN: 085-013-130-05 A
ORT 31 SA-R Page 6 of 9 Pages
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
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 2005 - 2006, as follows:
Assessor's Parcel No : 085-130-050
Code No. 66-005
1st Installment $5.34 NOT Marked Paid
2nd Installment $5.34 NOT Marked Paid
Land $610,980.00
Imp. Value $0.00
Exemption ($610,980.00) Other
2. 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.
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AFFECTS THE CONTEMPLATED FORM ALTA LOAN POLICY ONLY.
3. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Grant Deed
Reserved By Millard R. Humphrey and Weden P. Humphrey
For ingress and egress and for the instllation and maintenance of Public
utilities, over, under and upon strips of land 60 feet in width, being
30 feet on each side of the center lines of all existing roads traversing
said lands
Dated September 22, 1966
Recorded September 19, 1966 in Book 5216 of Official Records, Page 389
under Recorder's Serial Number 96647Z
Affects a portion of said property
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Page 7 of 9 Pages
ORT.315A-13
i
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
4. 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 Dr. Humphrey's Pet Clinic, Inc., a California Corporation, as to an
undivided one-third interest; Norman R. Hosking and Blodwen A.
Hosking, together, as to an undivided one-third interest; and Waldo
H. Leynse and Ruth Leynse, together, as to an undivided one-third
interest
For a non-exclusive easement for ingress and egress and egress of
pedestrians, vehicles and for hauling of lumber and for other
commercial purposes
Recorded December 29th, 1967 in Volume 5411 of Official Records, Page 733
Affects a certain strip of land 60 feet wide
NOTE For more particulars refer to said document above stated.
I
Upon the terms and conditions contained therein.
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S. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument Right of Way j
Granted To Pacific Telephone and Telegraph Company j
For right from time to time to construct, place, inspect, maintain, replace
and remove communication facilities consisting of underground
contuits, pipes, manholes, service boxes, wifes, cables; other
electrical conductors, aboveground marker posts, risers and
terminals, and other appurtenances, together with a right of way
therefor an th
e eright ofin ingress
g ss thereto and egress therefrom
Dated August 6, 1979
Recorded August 8 1979 in Book 7882 of Official Records Page e 1062
Affects a strip of land ten (10) feet in width, lying five (5) feet on each side
of the alignment of the facilities initially placed hereunder, being
within and along the traveled portion of said Portola Heights Road, as
it now exists.
Page 8 of 9 Pages
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0360005227-SG
-------------------- Informational Notes-------------------
A. The applicable rate(s) for the policy(s) being offered by this report or commitment appears
to be section(s) 2.1 &3.1.
B. Short Term Rate ("STR`) applies (but may be precluded or limited by application of the
above shown section(s) of our Schedule of Fees and Charges.)
C. The above numbered report (including any supplements or amendments thereto) is hereby
modified and/or supplemented to reflect the following additional items relating to the
issuance of an American Land Title Association loan form policy: "
NONE
NOTE: Our investigation has been completed and there is located on said land vacant land
known as CA.
The ALTA loan policy, when issued, will contain the CLTA 100 Endorsement and 116 series
Endorsement.
Unless shown elsewhere in the body of this report, there appear of record no transfers or
agreements to transfer the land described herein within the last two years prior to the date
hereof, except as follows:
A Grant Deed executed by Ramiro A. Comas and Marie E. Comas, his wife as joint tenants to
Peninsula Open Space Trust, a California non-profit public benefit corporation, recorded
October 23, 2003 in Official Records under Recorder's Serial Number 2003-304766.
D. In addition to existing requirements pertaining to sellers who are non-residents of California,
as a result of recent changes to Section 18662 of the Revenue and Taxation Code, in
transactions closing after January 1, 2003 the buyer may then be responsible to withhold 3
0
1/3/o of the sales price as defined therein from an seller, if this roe is not the sellers
( ) Y property rtY
principal residence. The statute, as modified, also provides for certain exemptions to the
buyer's responsibility to withhold, which may apply.
O.N.
RL/sb
Page 9 of 9 Pages
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Exhibit A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
I 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(1)the occupancy, use,or enjoyment of the land; (11) the character,dimensions or location of
any improvement now or hereafter erected on the land; (111)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 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. Flights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) whether or not recorded In the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an insured under this policy;.
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure
of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land Is situated.
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 of 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 FROM COVERAGE-SCHEDULE B,PART I
I
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
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
which may be asserted by persons in possession thereof,
3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
S. (a)Unpatented mining claims;(b)reservations or exceptions In patents or in Acts authorizing the issuance thereof,(c)water rights,claims or
title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records.
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Exhibit A
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or
expenses which arise by reason of:
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)
restricting,regulating,prohibiting or relating to(1)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of
any improvement now or hereafter erected on the land;(Ili)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) Apy governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects.liens,encumbrances,adverse claims or other matters.
(a) created,suffered,assumed or agreed to by the Insured claimant;
(b) not known to the Company,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(except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services,labor or material or to the extent insurance Is afforded herein as to assessments for street
improvements under construction or completed at Date of Policy);or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage.
4. Unenforceabllity 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 applicable doing business laws of the state in which the land is situated.
i
I
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises but 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 statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of
the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of
federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(1) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(11) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(Ili) the transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer,or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage,the Exceptions from Coverage in a Standard Coverage policy will also Include the following General Exceptions:
I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys"fees or expenses)which arise by reason of:
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
by making inquiry of perms in possession thereof.
3. Easements,liens or encumbrances,or daims 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,claims or
tide to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records.
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i
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Old Republic Title Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may
be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies
you of the privacy policies and practices of Old Republic Title Company.
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from [our affiliates or] others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic
personal information.
ORT 287-C 5/07/01
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Description: San Mateo,CA Assessor Map 85.13 Page: 1 of 1
Omer. 0360005227 Comment:
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