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HomeMy Public PortalAboutResolution - 06-23- 20060712 - Hanson Property Exchange RESOLUTION No. 06-23 i PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on July 12, 2006, at a Regular Meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: Qa I 1�f-1 S cretary A ident Board of Directors 'Board of lliZrectors 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. A Distric rk RESOLUTION 06-23 RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE GRANT DEED AND RESERVATION OF CONSERVATION EASEMENT FOR THE DISTRICT'S REAL PROPERTY BEING EXCHANGED, AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANTS TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO AND RANCHO SAN ANTONIO OPEN SPACE PRESERVES—LANDS OF HANSON PERMANENTE CEMENT) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Exchange Agreement("Agreement")between Hanson Permanente Cement, Inc. an Arizona corporation ("Hanson")and Midpeninsula Regional Open Space District("District"), a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and/or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors and/or other appropriate officer is authorized to execute a Grant Deed and Reservation of Conservation Easement conveying title to the Real Property being exchanged to Hanson. Section Three. The General Manager or President of the Board of Directors and/or other appropriate officer is authorized to execute Certificates of Acceptance on behalf of the District for the properties being exchanged to the District from Hanson. Section Four. The General Manager of the District or the General Manager's designee shall cause to be given appropriate notice of execution to Hanson and to extend close of escrow if necessary. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and any other transactional documents that do not involve any material change to any term of the Agreement or other transactional documents that are necessary or appropriate to the closing or implementation of this transaction. Section Five. The General Manager of the District is authorized to expend up to $20,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California,the granting and acceptance of these Grant Deeds is consistent with Public Resources Code 5540.5, that the real properties being acquired by the District are of equal or greater value than the real property being transferred to Hanson, and are necessary to be acquired for open space purposes. And that the District property being granted to Hanson is no longer needed for open space purposes. EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT ("Agreement") is entered upon final execution hereof(the "Effective Date"), by the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California public district ("District") formed by voter initiative pursuant to California Public Resources Code Section 5500 et seq., to solicit, receive, and hold conveyances of real property and interests therein acquired by purchase, exchange, gift, or bargain purchase for public recreation, scenic, and open space purposes, and HANSON PERMANENTE CEMENT, INC., an Arizona corporation ("Hanson"). WHEREAS, Hanson owns and operates a limestone quarry ("Quarry") located in the County of Santa Clara near the City of Cupertino and adjacent to certain public open space land owned by District ("District Property"); and WHEREAS, the provisions of Public Resources Code Section 5540.5 authorize District, upon a unanimous vote of its Board of Directors and certain other limitations, to exchange real property,or interests therein, that are dedicated and used for open space purposes, for other real property,or interests therein, upon a determination that the real property, or interests therein, to be acquired by District are of equal or greater value than that of those lands being given up, and that the lands to be acquired are necessary for open space purposes; and WHEREAS,the Board of Directors of District has determined by Resolution, attached hereto,that the value of the real property to be granted by Hanson to District under this Agreement is greater than the value of the real property to be granted by District to Hanson and that such acquisition by District is necessary for open space purposes and all such other findings as are necessary under said Public Resources Code Section 5540.5 and in accordance with the District's enabling legislation set out at Section 5500 ef seq. aft he Public Resources Code of the State of California; and WHEREAS, subject to the provisions of this Agreement, the District is willing to convey approximately twenty (20) acres of District Property (the "20-Acre Property") to Hanson, as more particularly described in that certain Grant Deed and Reservation of Conservation Easement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the "Deed and Easement"); and WHEREAS, in consideration of the District's Deed and Easement, Hanson is willing to convey to the District a total of approximately 107 acres, consisting of(a) approximately sixty- one (61) acres of real property (the "61-Acre Property") as described in that certain Grant Deed attached hereto as Exhibit B and incorporated herein by this reference; (b) approximately forty- six (46) acres of real property (the "46-Acre Property") as described in that certain Grant Deed attached hereto as Exhibit C and incorporated herein by this reference, and (e) a 20-foot-wide trail easement (the "Trail Easement") as described in that certain Grant Deed attached hereto as Exhibit D and incorporated herein by this reference. The properties to be conveyed to the District are collectively referred to as the "Hanson Proper-ties". NOW THEREFORE, District and Hanson agree as follows: Page 1 I Conveyances of Property. District shall grant the 20-Acre Property to Hanson as provided for herein and as more specifically described in Exhibit A. Hanson shall grant to the District the 61-Acre Property, the 46-Acre Property and the Trail Easement as provided for herein and as each is more specifically described in Exhibits B, C and D. respectively. District agrees to dedicate in perpetuity as public open space the 61-Acre Property, the 46-Acre Property and the Trail Easement pursuant to the provisions of Public Resources Code Section 5540. 2. Escrow. Hanson has opened escrow No. 160251304 with Chicago Title Insurance Company ("Escrow Agent"or"Title Company"), 110 W. Taylor Street, San Jose and has received preliminary reports on the 20-Acre Property and the Hanson Properties. Said preliminary reports are attached hereto as Exhibit E and incorporated herein. Not all of the properties are separate legal parcels as of the date of execution of this Agreement and therefore the preliminary reports include areas greater than the respective properties to be conveyed hereunder. Final legal descriptions for the 20-Acre Property and the Hanson Properties shall be prepared as set forth below, before Close of Escrow as herein defined. 3. Conditions Precedent to Each Party's Obligations. Each party's obligation for Close of Escrow is expressly conditioned upon the satisfaction or waiver of the following conditions as applicable: A. Survey of Parcels. Hanson, at its sole cost and expense, shall obtain a boundary survey by a California licensed surveyor and shall provide a legal description and surveyed plat map in a form acceptable to District for recordation in Santa Clara County, of the 20- Acre Property, including the 200-foot road corridor described in Exhibit A, the 61-Acre Property, the 46-Acre Property, and the Trail Easement, which descriptions and maps shall be attached to the appropriate Exhibits hereto. Such Exhibits shall then become the conveyance deeds. Hanson agrees to have the 20-Acre Property, including the boundaries between Areas A-I and A-2, between Areas A and B, and between Area B and adjacent District property surveyed at its sole cost and expense. Straight lines shall be established wherever possible. The lines of survey between Area A-I and Area A-2, between Area A and Area B, and between Area B and adjacent District property shall be documented by 2-inch (2") diameter steel pole monuments (the "Monuments"), set at least four(4) feet deep and in concrete bases, and located with a spacing that District and Hanson mutually agree will accomplish the purpose of placing the Monuments. Hanson shall document the Original Location of the Monuments and provide District with this documentation. The term "Original Location" as used in the Deed and Easement shall mean, as to any Monument, the physical location specified in terms of elevation(the "x" coordinate), latitude (the "y" coordinate) and longitude (the "z" coordinate), of each such Monument as of the Effective Date of the Deed and Easement. Hanson agrees to prepare final plans for establishing Monuments with agreement from District. Hanson shall secure the obligation represented by the Monuments on the 20-Acre Property by providing a Letter or Letters of Credit in the sum face amount of$2,000,000.00 (the "Security") as provided for and in Exhibit A (Deed and Easement) hereof. B. Approval of Title. Within thirty (30) days of the Effective Date hereof, each party shall satisfy itself as to the condition of title of the real property and interests that such party is Page 2 to receive hereunder. If a party is not satisfied with the condition of any such title, it shall, within such thirty (30)-day period give written notice to the other party specifying its objections. The other party shall then have fourteen (14) days in which to agree to remove, or otherwise satisfy, the objection to such condition. Should such party not agree, the objecting party shall have fourteen (14) days in which to withdraw its objection or this Agreement shall lapse and terminate. Any condition of title, which is of record and accepted as provided for above, shall be a "Permitted Exception." The lien of current real property taxes not yet delinquent shall be a"Permitted Exception." C. Inspection. Each party shall have said thirty (30) day period to investigate and inspect the property to be conveyed to it hereunder. Such right of inspection and investigation shall include the right to conduct invasive testing. If invasive testing is utilized, it shall be conducted only after provision by the testing party of seventy-two (72) hours written notice to the other party. Such other party shall be entitled to a copy of the results of such testing and may be present during such testing. Each party shall hold the other party harmless and indemnify it from any and all loss, cost, expense, claims and damages arising from its inspection and investigation. In conducting the inspection and investigation such party shall comply with any and all applicable laws and shall restore the inspected premises to its original condition before such inspection and investigation. If, during such thirty (30) day period, either party gives notice to the other electing to terminate this Agreement by reason of matters discovered in such party's inspection and investigation, this Agreement shall terminate. If no such notice is timely given, the parties' inspection condition under this Section shall be deemed satisfied. D. Due Diligence; Physical Condition of the Properties; AS-IS. Each of the parties shall acquire the real property conveyed to it hereunder subject to all faults and "AS-IS". Except as may be specifically provided for herein and by the Exhibits hereto, neither party makes any representations or warranties as to the real property which it is conveying to the other, including without limitation any representation as to the legal status or physical condition of any of the real property, or of the existence of any Hazardous Waste on such real property except as specifically provided below. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or subject 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.). Page 3 E. Performance. It shall be a condition precedent to each party's obligation for Close of Escrow that the other party shall have performed in all material respects each and every covenant to be performed by such other party. F. Subdivision Map Act. As a condition precedent of District's and Hanson's respective obligations to close escrow and complete the exchange of real property interests contemplated by this Agreement, District and Hanson agree, if required by the County of Santa Clara,to diligently, and in good faith, fully cooperate in applying for, and obtaining, approval of a"Lot Line Adjustment"by the County of Santa Clara, or in obtaining other documentation reasonably satisfactory to Hanson, to establish that the creation of the 20-Acre Property is in conformity with the California Subdivision Map Act. 4. Close of Escrow. The parties shall, within sixty (60) days of the Effective Date hereof, deposit into Escrow all required documents and take all other steps necessary to consummate the contemplated conveyances, including the following: A. District's Deliveries into Escrow. District shall deliver to Escrow the following documents, duly executed, and where required, attested to: (i) Grant Deed and Reservation of Conservation Easement for the 20-Acre Property; (ii) Certificates of Acceptance for the Grant Deeds for the 61-Acre Property, the 46- Acre Property and the Grant of Trail Easement; and (iii) Escrow Instructions. B. Hanson's Deliveries Into Escrow, Hanson shall deliver to Escrow the following documents, duly executed with corporate resolutions authorizing such, and where required, notarized: 0) Grant Deed for the 61-Acre Property; (ii) Grant Deed for the 46-Acre Property; (iii) Grant Deed for Trail Easement; (iv) The Security in the form of a Letter(s) of Credit in the sum face amount of $2,000,000.00; and (v) Escrow Instructions. C. Closing. "Close of Escrow" shall occur by the recordation of the above deeds and other documents, on or before the close of business twenty (20) days following approval of the Lot Line Adjustment if required by Santa Clara County (the "Closing Date") as set forth in Section 3.F above. If the Lot Line Adjustment is not required by Santa Clara County, Page 4 then Close of Escrow shall occur by the recordation of the above deeds and other documents on or before the close of business twenty (20) days following Hanson's receipt of documentation establishing that the creation of the 20-acre property is in conformity with the California Subdivision Map Act as set forth in Section 3.F above.Should Close of Escrow not occur on or before the Closing Date, either party, if not in material breach of this Agreement, may terminate this Agreement upon a further thirty (30) days written notice. D. Real Property Taxes. Property conveyed to or otherwise owned by the District, is "exempt property" as provided in California Revenue and Taxation Code Section 5081, et seq.. Taxes will be handled in accordance with Section 4986 of the Revenue and Taxation Code. District is a tax-exempt entity and no pro-ration of property taxes for the 20-Acre Property is necessary or required. Tax pro-rations shall be made for Hanson's real property tax obligations, as applicable, as of the Close of Escrow. E. Closing Charges. Closing charges shall be allocated as follows: (i) escrow fees shall be split evenly between the parties; and (ii)recording charges, if any, shall be paid by Grantee of the recorded instrument. Any other closing charges shall be paid in accordance with the ordinary custom for such in Santa Clara County. F. Possession. Possession of the respective properties shall be given as of Close of Escrow. G. Title Insurance. Each party shall have the right, but not the obligation, to obtain from the Title Company, effective as of Close of Escrow, title insurance reasonably satisfactory to such party, subject however to all Permitted Exceptions and entirely at their own cost. 5. Indemnity and Representations and Warranties. Each party shall indemnify, defend and hold harmless the other party from and against all claims, liabilities, losses, damages, and costs incurred or suffered by the other party, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the representations or warranties contained herein. For the purpose of consummating the exchange of their respective properties, each party makes the following representations and warranties, which shall survive close of escrow, each of which is material and each of which is being reasonably relied upon by the other party: A. That to the best of Hanson's and District's respective knowledge, the properties being conveyed to the other do not contain, and have not previously contained, any Hazardous Waste or underground storage tanks, and that 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 properties they are to convey hereunder, or transported to or from such properties, and that such party has not undertaken, permitted, authorized or suffered any of the foregoing; and B. That such party has not received any notice and has no knowledge that any private person, governmental authority, administrative agency, or any employee or agent thereof, has determined, alleged, commenced or threatened to commence, any litigation Page 5 or other proceedings to determine or establish that there is a presence, release, threat of release, placement on, under, or about their property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about their properties or the transportation to or from their properties, of any Hazardous Waste, nor has the party received any communication from any such person or governmental agency or authority concerning any such matters. 6. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach hereof, the parties agree first to participate in a non-binding mediation to attempt to resolve such dispute. If the parties are unable to resolve the dispute through mediation, or if there are remaining unresolved controversies or claims, such remaining unresolved controversies or claims shall be settled by binding arbitration pursuant to this section. Any dispute, claim or controversy of whatever nature arising out of or relating to this Agreement, including without limitation, any action or claim based on tort, contract, or statute, or concerning the interpretation, effect, termination, validity, performance or breach of this Agreement, shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected by the parties from and administered by Judicial Arbitration and Mediation Services ("JAMS"), in accordance with its then existing arbitration rules or procedures regarding commercial or business disputes, in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq., including the right of discovery, and except as may otherwise be set forth specifically herein. If the parties are unable to mutually agree on the Arbitrator they agree to each nominate one preferred arbitrator and agree to let the two thereby chosen select the Arbitrator. Hearings shall be held in Santa Clara County, California or at such location as the parties and the Arbitrator select. The Arbitrator shall, within fifteen(15) calendar days after the conclusion of the Arbitration hearing, issue a written award with a written statement of decision describing the reasons for the award, including the calculation of any damages awarded. The Arbitrator shall be empowered to award compensatory actual damages, but shall not have authority (i)to award non-economic damages, (ii) to award punitive damages, or(iii) to reform, modify or materially change this Agreement or any other agreements entered into between the parties. The parties shall bear equally the costs and fees of the arbitration and the Arbitrator, provided however, that the Arbitrator, in his or her sole discretion, is authorized to determine whether a party is the prevailing party and, if so, to award to that prevailing party reimbursement for its reasonable attorneys' fees, disbursements (including without limitation, expert witness fees and expenses, photocopy charges, and travel expenses), and costs arising from the arbitration. The Arbitrator, and not a court, is authorized to determine whether the provisions of this section apply to a dispute, controversy or claim sought to be resolved in accordance with these arbitration procedures. Absent the filing of an application to correct or vacate the arbitration award under California Code of Civil Procedure sections 1285 through 1288.8, each party shall fully perform and satisfy the terms of the arbitration award within 60 days of the award. By agreeing to this binding arbitration provision, the parties understand that they are waiving certain substantial rights and protections which may otherwise be available if a dispute between the parties were Page 6 determined by litigation in court, including, without limitation, the right to seek or obtain items referenced in clauses (i) through (iii) above, the right to a jury trial and certain rights of appeal. 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. HANSON INITIAL DISTRICT INITIAL 7. Attorneys' Fees. If any legal action, or arbitration under Section 6 hereof, shall be brought by either or both of the parties, the party prevailing in said action shall be entitled to recover from the party not prevailing the costs of the suit and reasonable attorney's fees. For purposes of this Agreement, the reasonable fees for attorneys employed by District, either under contract or by statute, shall be based on the fees regularly charged by private attorneys with an equivalent number of years of experience in the subject matter area of the law actively practicing within the San Francisco Bay Area. 8. Notices. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth below; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or(iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. Page 7 I ` I District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager Telephone: (650) 691-1200 Facsimile: (650) 691-0485 Hanson: Hanson Permanente Cement, Inc. 24001 Stevens Creek Boulevard Cupertino, CA 95014 Attn: Plant Manager Telephone: (408) 996-4202 Facsimile: (408) 725-1104 9. Non-Forei ng Entity. Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a"foreign person." The parties represent and warrant that they are not "foreign persons" and that to the extent required by law, they will complete and deliver certifications (the "Non-Foreign Certificate") and a Permanent Place of Business form ("Corporation") to the Escrow Agent to that effect as of Close of Escrow. 10. Mutual Cooperation. Each party hereto agrees to execute and deliver such other and further instruments and documents as may reasonably be requested by the other party or Escrow Agent to carry out this Agreement. 11. Entire Agreement. This Agreement and the attached Exhibits constitute the entire agreement between the parties and supersede all other agreements respecting the subject matter of this Agreement. No subsequent change, amendment or addition to this Agreement except as otherwise specifically set forth herein shall be binding unless in writing and signed by the parties hereto. 12. Authori1y and Execution. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so. District will convey the Real Property to Hanson pursuant to all applicable statutory authority, including without limitation, the provisions of Public Resources Code Section 5540.5. 13. Successors and Assigns. This Agreement shall apply to and bind the respective heirs, successors, executors, administrators and assigns of the parties. Neither party, however, may assign all or any of its rights under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. Any assignment shall not be effective until the assigning party has delivered to the other party a fully executed copy of an assignment instrument reasonably acceptable to such notified party, pursuant to which the assignee Page 8 assumes and agrees to perform all of Assignor's obligations under this Agreement and makes all of the representations and warranties of Assignor under this Agreement. If either party assigns its rights and interest in and obligations under this Agreement, the assigning party shall not be released from its obligations under this Agreement. 14. Miscellaneous. Should any provision of this Agreement prove to be invalid or illegal, such invalidity or illegality shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Any executed copy of this Agreement shall be deemed an original for all purposes. This Agreement may be executed in counterparts, which counterparts shall together constitute one agreement if signed by both parties. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The language of this Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against either party. The captions used in this Agreement are for convenience only and shall not be considered in the construction or interpretation of any provision hereof. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms"shall," "will" and"agree" are mandatory. The term"may" is permissive. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made therefore. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. The recitals to this Agreement are incorporated in this Agreement by this reference thereto. 15. Survival. The representations, warranties, promises and covenants set forth in this Agreement shall survive the Close of Escrow and recordation of the Grant Deeds. Page 9 t i In Witness Whereof, the parties hereto execute this Agreement as of the Effective Date: HANSON PERMANENTE CEMENT, INC., MIDPENINSULA REGIONAL OPEN an Arizona corporation SPACE DISTRICT, a Public District By: A roved and Acce ted: Title: i e President & General Mgr By: Jedjfyr esident, oard of Directors By: ' I Date: U Title: UAssistant Secretary Attest: Date: June 28 2006 B Sally T ' oldt, Distri2. erk Approved as to Form and Procedure: By: Susan C. Schectman General Counsel Recomme rdedfor By: raig Britton, General Manager Page 10 WHEN RECORDED MAIL TO AND SEND TAX STATEMENTS TO: Hanson Permanente Cement, Inc. 24001 Stevens Creek Boulevard Cupertino, CA 95014 Attn: GRANT DEED WITH RESERVATION OF CONSERVATION EASEMENT This GRANT DEED WITH RESERVATION OF CONSERVATION EASEMENT("Grant Deed") is made and entered into by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a special District("Grantor" or"District"), and HANSON PERMANENTE, CEMENT, INC., an Arizona corporation("Grantee" or"Hanson") and is effective upon recordation hereof by the Recorder of the County of Santa Clara(the "Effective Date"). WHEREAS, Grantor is the owner of certain"Real Property", as such is more specifically defined below, located in the County of Santa Clara, State of California; and WHEREAS, Grantee owns real property adjacent to Grantor's Real Property, upon which Grantee operates a quarry (the "Quarry"); and WHEREAS, Grantee desires to obtain fee title to Grantor's Real Property; and WHEREAS, Grantor desires to grant such Real Property to Grantee, subject however to reservation by Grantor of a"Conservation Easement" over such Real Property, and for such other purposes and subject to such conditions, restrictions and limitations as are more particularly described herein; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants,terms, conditions and restriction herein, Grantor and Grantee agree as follows: 1. GRANT. Grantor hereby grants that certain real property (the "Real Property") described in Exhibit 1, attached hereto and incorporated herein by this reference, said Real Property totaling approximately 20 acres, with "Area A" being approximately 15 acres and consisting of"Area A-I", approximately 4 acres, and "Area A-2", approximately 11 acres, and "Area B", being approximately 5 acres, to Grantee subject to the terms, conditions and reservations contained herein. A. Area A-1, Area A-2 and Area B are depicted on the Exhibit II plat map attached hereto and incorporated herein by this reference. All of Area A may be utilized by Grantee for the purposes set forth in Section 2.G and in Section 2.K hereof. Area B shall be forever held as a buffer zone between Area A and adjoining District property EXHIBIT A and may not be used by Grantee except as specifically set forth herein. The lines of survey between Area A-I and Area A-2, between Area A and Area B, and between Area B and adjacent District property have been documented by the placement of 2- inch (2") diameter steel pole monuments (the "Monuments"), set generally four(4) feet deep in concrete bases. The term"Original Location" as used in this Grant Deed shall mean, as to any Monument, the physical location, specified in terms of elevation (the "x"coordinate), latitude (the "y" coordinate) and longitude (the "z" coordinate), of such Monument as of the Effective Date of this Grant Deed. B. Grantee shall reinstall or replace any fallen or damaged Monument to its original condition and to its Original Location, as defined in this Section 1, within thirty(30) days of the falling or damaging of such Monument. If Grantee fails to reinstall or replace any such fallen or damaged Monument within said thirty (30) days, Grantor has the right, but not the obligation, to reinstall or repair such Monument, and Grantee shall reimburse Grantor for all costs and expenses thereby incurred. The intent of this Section 1.13 is to provide for the replacement of Monuments that have fallen or been damaged in place. It is not the intent of this Section 1.13 to address Monuments displaced from their Original Location by ground movement, remedies for which are provided in Section 2 of this Grant Deed. C. If any Guaranteed Payment obligation, as defined in Section 2 herein, is triggered, Grantor and Grantee shall review the spacing of all Monuments and determine whether a closer spacing is needed to accomplish the purpose of placing the Monuments. Upon agreement of the need therefore, or upon other resolution to that end if disputed, as such resolution of disputes is herein provided for, Grantee agrees to prepare final plans for establishing such additional Monuments in consultation with Grantor and Grantor's consultant. Grantee shall document the Original Location of such additional Monuments and shall provide Grantor with such documentation. 2. CONSERVATION EASEMENT. Grantor hereby reserves unto itself, and Grantee hereby quitclaims back unto Grantor, an easement over the Real Property such that, except as otherwise specifically provided herein, the use thereof shall be restricted, in perpetuity, to uses which are consistent with a"Conservation Easement" as such term is defined in California Civil Code Section 815.1,to wit, the retention of the Real Property "predominantly in its natural, scenic, historical, agricultural, forested and open space condition" (the"Conservation Easement") and with such additional restrictions and limitations as are provided for herein. A. Financial Guarantees. To more fully protect the interests served by the Conservation Easement, Grantee herewith provides Grantor with a financial guarantee(the "Financial Guarantee") in the face amount of$2,000,000.00 (the "Original Sum") to be paid, if at all, in two (2) $500,000.00 installments and one (1) $1,000,000.00 installment(collectively or individually, "Guaranteed Payments") upon the occurrence of ground movement on the Real Property in the direction of the Quarry on the terms and conditions set forth below. Grantor and Grantee agree that the Original Sum represents liquidated damages and is a fair.and reasonable sum to Page 2 compensate Grantor for any damages to the Conservation Easement that it would suffer from any ground movement on the Real Property in the direction of the Quarry, the actual amount of any such damages being difficult, if not impossible,to ascertain accurately. Accordingly, receipt of the Guaranteed Payments is Grantor's exclusive remedy for movement of Monuments; provided however, that should any ground movement associated with the Quarry occur as set forth in Section 2.14 hereof, Grantor may invoke and pursue all remedies that may otherwise exist in law or equity, including, but not limited to, bringing an action to enforce the terms of the Conservation Easement. "Grantee's Guaranteed Payment Obligation" and "Grantor's Right to Draw upon the Security", are subject to the terms and conditions set forth below. 1) A-1/A-2 Line. Grantee shall make a Guaranteed Payment of$500,000.00 to Grantor if, at any time while the Financial Guarantee is required by this Grant to be maintained, all of the following conditions are met: a) Any Monument on the surveyed line between Area A-I and Area A-2 has moved more than ten(10) feet from its Original Location in the direction of the Quarry. Measurement of such ground movement shall be movement in either the horizontal distance (latitude), vertical distance (longitude), or elevational change from the Original Location based on the x, y, and z coordinates described above; and b) Grantor has provided Grantee with a written notice thereof(a "Notice of Movement"), including a written certification signed by a California licensed surveyor that a particular Monument has moved the specified ten (10)-foot distance. 2) A/B Line. Grantee shall make an additional Guaranteed Payment of $500,000.00 to Grantor if, at any time while the Financial Guarantee is required by this Grant to be maintained, all of the following conditions are met: a) Any Monument on the surveyed line between Area A and Area B has moved more than ten(10) feet from its Original Location in the direction of the Quarry. Measurement of such ground movement shall be movement in either the horizontal distance (latitude), vertical distance (longitude), or elevational change from the Original Location based on the x, y, and z coordinates described above; and b) Grantor has provided Grantee with a Notice of Movement, including a written certification signed by a California licensed surveyor that a particular Monument has moved the specified distance. 3) B/Proverty Boundary Line. Grantee shall also be obligated to make a Guaranteed Payment of$1,000,000.00 to Grantor if, at any time while the Page 3 Financial Guarantee is required by this Grant to be maintained, all of the following conditions are met: a) Any Monument on the surveyed line between Area B and the adjoining District property has moved more than ten (10) feet from its Original Location in the direction of the Quarry. Measurement of such ground movement shall be movement in either the horizontal distance (latitude), vertical distance (longitude), or elevational change from the Original Location based on the x, y, and z coordinates described above; and b) Grantor has provided Grantee with a Notice of Movement, including a written certification signed by a California licensed surveyor that a particular Monument has moved the specified distance. B. Re-establishment. For any Monument that has moved less than ten(10) feet from its Original Location, Grantee may undertake, in its sole discretion,to re-establish such Monument to its Original Location at any time, provided that Grantee shall first have notified Grantor and allowed Grantor to inspect such circumstances prior to re- establishing such Monument and that the all work necessary for such re-establishment is otherwise consistent with all other terms and conditions hereof. In the event of a bona fide emergency consisting of an immediate threat to the health or safety of persons or property, Grantee shall first provide notice to Grantor before commencing any work that involves re-establishing any Monument. Notice shall be provided by telephone to the Grantor's Foothill Field Office at 650-691-2165 and to Grantor's Real Property Department Manager at 650-691-1200. Grantee shall make an accurate photographic or video record of the condition of the Real Property prior to commencing any emergency repair work. Grantee may then proceed to undertake emergency repair work, subject to Grantor's right to inspect such work as soon as Grantor is able to do so. C. Disputes. Grantee may dispute a Notice of Movement given by Grantor by submitting a written statement to Grantor, within twenty (20) days following Grantee's receipt of such notice,that Grantee believes the movement of the specified Monument was (i) not more than ten(10) feet in the vertical (longitude) or horizontal (latitude)or elevational direction from the Original Location, and/or(ii) not in the direction of the Quarry. If Grantee elects to dispute such Notice of Movement, no Guaranteed Payment shall be due and payable unless and until the dispute is finally resolved with a determination pursuant to Section 3 hereof. D. Payments. All Guaranteed Payment Obligations shall be made within thirty (30) days of receipt of a Notice of Movement unless such Notice of Movement is disputed, in which case the Guaranteed Payment shall be made within sixty(60) days of issuance of the Arbitrator's Decision that movement of the Monument has occurred as herein specified. Page 4 E. Grantor's Right to Draw on Security. Grantee agrees to secure the Conservation Easement with the agreed Financial Guarantee by providing Grantor with a Letter of Credit(the"Security") in the amount of the Original Sum, in a form and upon terms satisfactory to Grantor, on or before the Effective Date hereof. Grantee shall provide renewed or replacement Security and maintain such Security in effect until, if ever, the termination of the Financial Guarantee Security as provided for below. Grantee shall provide and maintain such Security at its sole cost and expense. If, at any time, the Security will expire within thirty (30) calendar days, and Grantee has not provided Grantor with notice of a renewed or replacement Security, Grantor shall have the right to draw upon the un-drawn amount of the then existing Security, provided however, that if Grantee thereafter provides a replacement Security, Grantor shall pay the drawn amount to Grantee or its designee within five(5) business days of being notified'of such replacement. F. Scenic Ridgeline Easement. Grantor and Grantee agree that the Financial Guarantee shall be replaced upon Grantor's recordation of an Easement (the "Scenic Ridgeline Easement") reasonably acceptable to and granted to Grantor. At a minimum, said Scenic Ridgeline Easement shall fully protect the Conservation Easement restrictions and limitations over the Real Property, and shall afford Grantor's remaining lands no less protection, including their visual attributes, than is afforded pursuant to this Grant Deed minus only the Financial Guarantee Security. Except as to any Notice of Movement then pending and any Guaranteed Payment then due, Grantee's obligation to provide and maintain the Security, and Grantor's right to receive any payments or to make any draws under the Security, shall terminate upon Grantor hereof causing the recordation of said Scenic Ridgeline Easement. Both parties agree to execute all documents necessary to carry out this provision and to record the same. G. Qgga Wall Stabilization on Real Property. Notwithstanding any other provision of this Grant Deed, the parties agree that Area A-I of the Real Property may be used by the Grantee, its successors and assigns, so that Grantee's Quarry may be contoured such that the portion of the Quarry Wall adjacent to the Real Property and part of Area A-I (the "Quarry Wall")may be excavated, graded and otherwise contoured back into Area A-I so as to reduce the slope of the Quarry Wall and solely for the purpose of stabilizing the Quarry Wall and eliminating or minimizing risks arising from unstable slopes, including landslides on and from the Quarry Wall. This work shall be referred to as the"Quarry Wall Stabilization Project." It is Grantee's obligation to obtain all necessary government approvals to conduct the Quarry Wall Stabilization Project. Both during and after work performed pursuant to this Grant Deed, including but not limited to the Quarry Wall Stabilization Project, generally accepted Erosion Prevention and Sediment Control Measures (EPSCMs) and Best Management Practices (BMPs) shall be implemented to prevent erosion, sediment transport and storm water pollution on and away from the Quarry Wall. Grantee shall have the right to grade and excavate on Area A-1, to the extent in Grantee's reasonable judgment, and as needed from time to time thereafter, to reduce the risk of landslides, subject only to compliance with sound engineering practices and the prior written approval of such governmental authorities as are required by law to be sought Page 5 and obtained. Except as specifically set out in Section 2X herein, Area A-2 may be used only for temporary, construction-related disturbances and uses and access related to the Quarry Wall Stabilization Project, and then solely in furtherance of the purposes and uses permitted by this Section 2.G. Grantee covenants to restore any disturbed area of Area A-2 no longer required for conducting the Quarry Wall Stabilization Project to a natural condition, defined as re-vegetation with native plantings as appropriate for slope stability, and that enhances the visual screening of the Quarry from Grantor's remaining properties and from Rancho San Antonio County Park. Grantee's rights pursuant to this Grant Deed shall not include the right to commercially quarry the Real Property except to the extent incidental to the proper disposal of grading and excavation spoils and other materials arising from the grading and excavation of the Real Property as more specifically set out in this Section 2.G and approved by regulatory agencies. H. Outward Slope Stability and Drainage. Grantee shall not be responsible for ground movement away from the Quarry or sedimentation caused by drainage away from the Quarry, except where (a) such ground movement or sedimentation is caused by the Quarry Wall Stabilization Project, ongoing Quarry operations, or other activities of Grantee, whether or not such activities are carried out pursuant to this Grant Deed, and, (b) Grantor provides Grantee with clear and convincing evidence of such movement or sedimentation and its causation. In no event shall the Financial Guarantee hereunder be subject to drawing down by Grantor for ground movement actionable under this Section 2.H. I. Monitoring. To further accomplish the purposes of the Conservation Easement, subject to the terms and conditions of this Grant Deed, Grantor shall be allowed four (4) Easement monitoring inspections annually, upon seventy-two (72)hours prior written notice to Grantee. Grantor shall also be permitted reasonable inspections for the purpose of Easement monitoring on twenty-four(24) hours oral notice to Grantee of a suspected violation, or threat of violation, of the Conservation Easement or of potential ground movement or sedimentation away from, or in the direction of, the Quarry as set forth above. Grantor shall pay all costs associated with such annual monitoring, including at the discretion of Grantor, the retention of a third party consultant, which may include a California registered civil engineer. Grantee agrees to fund a survey of the x, y and z coordinates of each Monument and provide Grantor with a written report of the survey results every five (5)years from the Effective Date of this Grant Deed during the period that the Financial Guarantee provisions hereof are in effect. If any inspection conducted pursuant to this Section 2.1 documents the movement of any Monument in the direction of the Quarry greater than five (5) feet, in either the vertical (longitude), horizontal (latitude), or elevational direction, Grantee shall fund an inspection annually thereafter using standard line of sight surveys until three (3) such inspections have identified no movement in the direction of the Quarry greater than one (1) foot. J. Prohibited Uses. Grantor shall have the right to prevent any activity on, or use of, the Real Property that is in violation of this Grant. Any activity on, or use of, the Real Page 6 Property by Grantee that is in violation of the provisions of this Grant is prohibited. The following activities and uses are specifically prohibited by this Grant: 1) Subdivision. The legal or de facto subdivision of the Real Property for any purpose which term "subdivision" shall include, but not be limited to, the creation of a life or future estate in any portion of the Real Property, or any subdivision as defined by the Subdivision Map Act, California Government Code Section 66000 et seq. 2) Commercial or Industrial Use. Unless otherwise specifically provided herein, any commercial or industrial development, use of, or activity on the Real Property. 3) Improvements. Except to the most limited extent reasonably necessary to specifically accomplish the purposes of Quarry Wall Stabilization Project, the placement or construction of any buildings, structures or other improvements of any kind on the Real Property. 4) Soil Erosion and Movement of Monuments. Any use or activity by Grantee, on or off the Real Property, that causes, or is likely to cause, significant soil erosion or subsidence. 5) Water Pollution. Any use or activity that causes, or is likely to cause pollution of any surface or subsurface waters. 6) Soil Degradation. Any use or activity that causes, or is likely to cause, significant soil degradation. This prohibition shall not apply to the use of agri- chemicals, such as fertilizers,pesticides, herbicides, and fungicides provided that they are used in accordance with all laws and USDA regulations, the manufacturer's directions and the County Agriculture Commissioner's regulations or successor regulations, as applicable. 7) Dumping. The dumping or other disposal of wastes, refuse, or debris on the Real Property, including the temporary or permanent storage of quarry materials. 8) Mineral Rights. Except to the limited extent provided for during Quarry Wall Stabilization Project,the exploration for, or the development and extraction of, minerals, hydrocarbons or other natural resources by any mining method. 9) Grazing. The grazing of livestock. 10) Vehicles. The use of motorized vehicles, off-road or all-terrain vehicles or motorcycles, except as set out in Section 2.K herein. 11) Hunting or Shooting. Hunting or trapping of wildlife, or shooting of guns. Page 7 12) Junk Yards. Storage or disassembly of inoperable automobiles and trucks. 13) Scenic and Natural Character. Activities such as clearing or stripping of native vegetation, grading, or storage of materials that would degrade the scenic and natural character of the Real Property. 14) Archeological Resources. The excavation, removal, destruction, or sale of any archeological artifacts or remains found on the Real Property, except as part of an archeological investigation approved or required by authorized governmental entities. 15) Noise Limits. Any activities on the Real Property which produce noise levels in excess of 150 decibels as measured from Grantor's adjoining property. K. Permitted Uses. The Grantee may use Area A of the Real Property for any purpose consistent with the protection of the Conservation Easement and not specifically prohibited hereunder. Notwithstanding anything to the contrary in this Grant, the uses specifically set forth for Quarry Wall Stabilization Project and the following uses and practices, though not an exhaustive recitals of permitted uses, are consistent with the purpose and intent of the Grant and may be conducted by Grantee without the approval of Grantor: 1) Reasonable measures necessary and appropriate for fire safety and related erosion control as approved by the applicable fire control authority. 2) The removal of exotic,non-native invasive vegetation and the restoration of the area with native vegetation. 3) Road installation and maintenance for temporary vehicle access to and across the Parcel A and limited in use to purposes consistent with initial construction of the Quarry Wall Stabilization Project. Such road shall be restored to a natural condition as defined in Section 2.G herein upon completion of the Quarry Wall Stabilization Project. 4) Construction and maintenance of a dirt road no greater than twenty (20) feet in width, located in the 200-foot corridor in Area A as shown on Exhibit 11. The road shall be no nearer than twenty (20) feet from the crest of the Quarry Wall and no farther than two hundred (200) feet from the crest of the Quarry Wall. Grantee shall obtain a survey and provide a legal description of the twenty(20)- foot road on or before completion of the Quarry Wall Stabilization Project, which legal description will be attached to, and incorporated into, this Grant Deed, which shall then be re-recorded. The road may be used by a pickup truck for the purpose of inspecting the Quarry Wall and by heavy equipment such as a backhoe, bulldozer or similar device for the sole purpose of removing unstable material from Area A-I as required by federal, state, and local laws and Page 8 • t e regulations. The road may not be used for commercial quarrying purposes regardless of the source or original location of the material. 5) The use of vehicles on such benches as are constructed on Area A-1 as part of the Quarry Wall Stabilization Project. Roads on such benches may be used by pickup trucks for the purpose of inspecting and maintaining the Quarry Wall and by heavy equipment such as a backhoe, loader, truck, bulldozer, and similar equipment for the purpose of removing unstable material from Area A-1 or adjacent areas of the Quarry as required by federal, state or local laws and regulations. 3. DISPUTES AND REMEDIES. A. Consultations Regarding_Interpretation and Enforcement of Grant. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Grant, each party shall first promptly consult with the other party, both in good faith, about the issue and attempt to resolve such issue without resort to legal action or arbitration as provided for herein. B. Arbitration of Disputes. 1) If a dispute arises out of or relates to this Agreement or the performance or breach hereof, the parties agree first to participate in a non-binding mediation to attempt to resolve such dispute as set forth above. If the parties are unable to resolve the dispute through mediation, or if there are remaining unresolved controversies or claims, such remaining unresolved controversies or claims shall be settled by binding arbitration pursuant to this Section 3. 2) Except as otherwise set forth in Section 3.1) hereof, any dispute, claim or controversy of whatever nature arising out of or relating to this Agreement, including without limitation, any action or claim based on tort, contract, or statute, or concerning the interpretation, effect, termination, validity, performance or breach of this Agreement, shall be resolved by final and binding arbitration before a single arbitrator("Arbitrator") selected by the parties from and administered by Judicial Arbitration and Mediation Services ("JAMS"), or should JAMS cease to exist, then a judicial arbitration mutually acceptable to the parties , or in the absence of agreement, an arbitration service selected by the American Arbitration Association, in accordance with their then existing arbitration rules or procedures regarding commercial or business disputes, in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq., including the right of discovery, and except as may otherwise be set forth specifically herein. If the parties are unable to mutually agree on the Arbitrator they agree to each nominate one preferred arbitrator and agree to let the two thereby chosen select the Arbitrator. Hearings shall be held in Santa Clara County, California or at such location as the parties and the Page 9 Arbitrator select. The Arbitrator is specifically authorized to retain such experts as are reasonably necessary for resolution of the dispute. 3) The Arbitrator shall,within fifteen (15) calendar days after the conclusion of the Arbitration hearing, issue a written award with a written statement of decision describing the reasons for the award, including the calculation of any damages awarded. The Arbitrator shall be empowered to award compensatory actual damages, but shall not have authority (i)to award non-economic damages, (ii) to award punitive damages, or(iii)to reform, modify or materially change this Agreement or any other agreements entered into between the parties. The parties shall bear equally the costs and fees of the arbitration, the Arbitrator, and any experts retained by the Arbitrator, provided however,that the Arbitrator, in his or her sole discretion, is authorized to determine whether a party is the prevailing party and, if so, to award to that prevailing party reimbursement for its reasonable attorneys' fees, disbursements (including without limitation, its own expert witness fees and expenses, photocopy charges, and travel expenses), and costs arising from the arbitration. The Arbitrator, and not a court, is authorized to determine whether the provisions of this Section 3 apply to a dispute, controversy or claim sought to be resolved in accordance with these arbitration procedures. 4) Disputes arising out of or related to claims to the Security or as to a Notice of Movement shall be finally resolved by the arbitration provisions set out in this Section 3. The Arbitrator shall select a single geotechnical engineering expert to assist him or her, and mutually agreed upon by Grantor and Grantee. If there is no agreement on appointment of such an expert within a further ten (10) days, the expert will be appointed by the Arbitrator. The expert shall be required by the Arbitrator to investigate the dispute promptly. Each party shall diligently and in good faith cooperate with such investigation. The expert shall provide a written report to Arbitrator and the Arbitrator shall thereafter render a decision as set forth above. 5) Absent the filing of an application to correct or vacate the arbitration award under California Code of Civil Procedure sections 1285 through 1288.8, each party shall fully perform and satisfy the terms of the arbitration award within 60 days of the award. By agreeing to this binding arbitration provision, the parties understand that they are waiving certain substantial rights and protections which may otherwise be available if a dispute between the parties were determined by litigation in court, including, without limitation, the right to seek or obtain items referenced in clauses (i)through (iii) above, the right to a jury trial and certain rights of appeal. 6) 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 Page 10 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. HANSON INITIAL DISTRICT INITIAL C. Notice of Violation of Conservation Easement and Election of Remedies. If Grantor determines that a violation of the terms of this Grant has occurred or is imminently threatened, other than a claim against the Security or one based on a Notice of Movement, it shall give thirty (30) days written notice to Grantee of such violation and request corrective action sufficient to cure the violation and, where the violation involves injury to the Real Property resulting from any use or activity in violation of this Grant, to request restoration of the portion of the Real Property so injured to its prior condition. Such written notice is not required in the event of any actual or imminent physical harm to the Real Property. Grantor shall be entitled to elect from all available remedies in law and equity and specifically including arbitration of the dispute as set forth above or legal action as set forth below. D. Injunctive Relief. If Grantee fails to cure the violation within thirty (30) days after receipt of notice thereof, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue curing such violation until finally cured, Grantor may bring any action, at law or in equity, in a court of competent jurisdiction, which seeks to enforce the terms of this Grant, to enjoin the violation by temporary or permanent injunction, or seeks restoration of the Real Property to the condition that existed prior to such injury. E. Damages. Either party shall be entitled to recover damages for violation of the terms of this Grant or the interest protected thereby F. Forbearance. Enforcement of the terms of this Grant shall be at the discretion of the non-defaulting party, and any forbearance thereof to exercise rights hereunder in the event of any breach of any term hereof shall not be deemed or construed to be a wavier by the non-defaulting party of such term or of any subsequent breach of the same or any other term of this Grant or of any of the non-defaulting party's rights Page 11 hereunder. No delay or omission by Grantor or Grantee in the exercise of any right or remedy upon any breach by the other party shall impair such right or remedy or be construed as a waiver. 4. PREVENTION OF TRESPASSING. No right of access by the general public or any third parties to any portion of the Real Property is reserved or conveyed by this Grant. Grantor agrees to post appropriate signs consistent with Grantor's normal practices along the Real Property prohibiting trespassing onto Grantee's adjacent real property and shall otherwise use reasonable efforts, consistent with its normal practices, to protect the Real Property and Grantee's Quarry from trespass and harm by those using the Grantor's adjacent property. 5. COSTS AND RESPONSIBILITIES. Except as otherwise specifically provided for herein, Grantee shall be solely responsible for the ownership, liability, operation, upkeep, and maintenance of the Real Property. 6. NOTICES. Any notice, including but not limited to a Notice of Movement, demand, request, consent, approval, or communication that either party desires to or is required to give to the other shall be in writing, unless otherwise specifically excluded here from, and either served personally or sent by first class mail,postage prepaid, addressed as follows: To Grantor: Hanson Permanente Cement, Inc. 24001 Stevens Creek Boulevard Cupertino, CA 95014 Phone: (408) 996-4190 Fax: (408) 725-1104 Attn: Plant Manager To Grantee: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Phone: (650) 691-1200 Fax: (650) 691-0485 Attn.: General Manager or to such other address as either party from time to time shall designate by written notice to the other. 7. RECORDATION. This Agreement shall be recorded in the Official Records of the County of Santa Clara, California. 8. GENERAL PROVISIONS. A. Controlling Law. The laws of the State of California shall govern the interpretation and performance of this Grant and venue for any action to enforce or interpret the matters herein contained shall be in the County of Santa Clara. Page 12 B. Liberal Construction. If any provision in this Grant is found to be ambiguous, an interpretation consistent with the purpose of this Grant that would render the provision valid shall be favored over any interpretation that would render it invalid. This Grant shall be construed in accordance with its fair meaning, and it shall not be construed against either party on the basis that such party prepared this instrument. C. Severabilfty. If any provision of this Grant, or the application thereof to any person or circumstance, is found to be invalid,the remainder of its provisions, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby, so long as the purposes of this Grant can still be carried out. D. No Third Party Rights. This Grant is made and entered into for the sole benefit and protection of Grantor and Grantee. No person or entity other than the parties hereto, their respective heirs, grantees, successors, and assigns shall have any right of action under this Grant or any right to enforce the terms and provisions hereof. E. No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantee's fee title in any respect. F. Successors. Grantor shall have no right to assign or convey its rights under the Conservation Easement(except to a public agency which is a successor-in-interest to Grantor) without the advance written consent of Grantee, which may be withheld in Grantee's sole discretion. Subject to the foregoing, the covenants, terms, conditions, and restrictions of this instrument shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, grantees, successor, and assigns, and shall continue as a servitude running in perpetuity with the Property. G. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. H. Consent Not to be Unreasonably Withheld. Except as provided in Section 81, in the event a party, as required by the terms hereof, seeks consent of the other party, the other party agrees not to unreasonably withhold its consent. 1. Authori . The Grantor and Grantee, respectively, represent and warrant that each has the power and authority to execute and carry out the terms and provisions of this Grant. J. Complete Agreement. This Grant and its exhibits constitute the entire agreement between the parties pertaining to the subject matter thereof and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded, and merged herein. No addition to or Page 13 modification of any provision hereof shall be effective unless fully set forth in writing and signed by the party charged thereto. K. Attorneys' Fees. If any action at law, in equity, or in arbitration be brought for or on account of any breach of, to enforce or interpret any of the provisions of this Grant, or for the recovery of any sums due hereunder, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. For purposes of this Agreement, the reasonable fees for attorneys employed by District, either under contract or by statute, shall be based on the fees regularly charged by private attorneys with an equivalent number of years of experience in the subject matter area of the law actively practicing within the San Francisco Bay Area. L. Gender and Tenses. When the context of this Grant and Reservation so requires, a reference to gender includes male, female and neutral genders, a corporate entity, or a partnership, and a reference in the singular includes the plural and a reference to a plural includes the singular. [Intentionally left blank] Page 14 IN WITNESS HEREOF, the parties hereto execute this Grant. HANSON PERMANENTE CEMENT, INC., MIDPENINSULA REGIONAL OPEN an Arizona corporation SPACE DISTRICT, a public district By: By: Jed Cyr,President, Board of Directors Title: Date: By: Title: Attest: Date: By: Sally Thielfoldt, District Clerk Page 15 State of ) )ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY [SEAL] State of ) )ss. ) Page 16 EXHIBIT I LEGAL DESCRIPTION OF 20-ACRE PARCEL, INCLUDING 200-FOOT ROAD CORRIDOR Page 17 EXHIBIT II PLAT MAP OF THE PROPERTY Page 18 Exhibit II: 20 Acre Parcel with Reservation of Conservation Easement - (Temporary Exhibit to be replaced by surveyed plat map prior to close of escrow) !jV i i Scale: 1" = 200' I REA j ( 5 Acres) i 20'wide road will be located within a 200'wide hatched corridor. 0 � � 1 I A AA \ 1 A-1 / A-2 \ (+ 4 Acres) ( 11 Acres) Potentially nevi\ // grading lines ,, j WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager GRANT DEED WHEREAS, HANSON PERMANENTS CEMENT INC., an Arizona corporation, hereinafter called "Grantor", is the owner of all of approximately sixty-one (61) acres, more or less, of real property, located in the County of Santa Clara, State of California; and WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "Grantee", desires to obtain the Real Property for open space purposes and Grantor desires to convey the Real Property to Grantee; and WHEREAS, Grantor desires to retain an access easement over a portion of the Real Property as more particularly described hereafter; NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms, conditions, and restrictions contained herein, the parties agree: 1. GRANT. Grantor hereby grants all of its right,title and interest in and to the Real Property as more particularly described in Exhibit I and depicted in Exhibit II, both attached hereto and incorporated by this reference (the "Real Property")to Grantee subject to the following terms and conditions. 2. LIMITATIONS OF GRANT. This grant is subject to all liens, encumbrances, easements, covenants, conditions and restrictions of record. 3. PACIFIC GAS &ELECTRIC EASEMENT. The Real Property is encumbered by an easement to Pacific Gas & Electric Company ("PG&E"), recorded May 6, 1963, at Book 6012, Page 402 of the Santa Clara County Official Records (the "PG&E Easement")which easement is unaffected hereby. Grantor hereby reserves from this Grant and Grantee quitclaims to Grantor, an easement for ingress and egress on, over and along the PG&E Easement Road as such exists from time to time and is maintained by PG&E in connection with the PG&E Easement on the Real Property, and then solely for the purpose of maintaining, repairing, securing and patrolling Grantor's adjacent real property. Grantee shall have the right to enter Grantor's adjacent property for the purpose of repair or maintenance of the PG&E Easement area, subject to Grantor's reasonable approval. 4. PREVENTION OF TRESPASSING. Grantee will post appropriate signs prohibiting trespassing onto Grantor's adjacent real property and shall otherwise use reasonable efforts to EXHIBIT B i protect Grantor's adjacent property from trespass and harm by those using District Property, including such fencing as is consistent with Grantee's normal practices. 5. CAPTIONS. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 6. COUNTERPARTS AND INTEGRATION. Grantor and Grantee may execute this instrument in counterparts with each counterpart deemed an original instrument which together with the instrument executed by the other party hereto constitutes the complete Grant and its exhibits being the entire agreement between the parties hereto pertaining to the subject matter and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded, and merged herein. No addition to or modification of any provision hereof shall be effective unless fully set forth in writing and signed by the party charged thereto. 7. AUTHORITY. The Grantor and Grantee, respectively, represent and warrant that each has the power and authority to execute and carry out the terms and provisions of this agreement. [Intentionally left blank] Page 2 IN WITNESS HEREOF, the parties hereto execute this Grant GRANTOR: GRANTEE: HANSON PERMANENTE CEMENT, INC., MIDPENINSULA REGIONAL an Arizona corporation OPEN SPACE DISTRICT, a Public District By: ApRroved and Accepted: Title: By: President, Board of Directors By: Name Title: Attest: Date: By: Sally Thielfoldt, District Clerk Page 3 State of ) ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY SEAL State of ) ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY [SEAL] Page 4 EXHIBIT I LEGAL DESCRIPTION OF REAL PROPERTY I Page 5 EXHIBIT II PLAT MAP OF THE PROPERTY Page 6 g I II HANSON PROPERTY ADDITION TO RANCHO SAN ANTONIO OPEN SPACE PRESERVE - Rancho San Antonio` 0 Open Space Preserve YM J� eadoW Trai UAper ►` ��/ r _ _Wilde �.� i of CI Property boundary to be located 10 feet ' -- -- - Y l_�T: N,\_- south of PG&E Easement Road ti Hanson 61 acre '. Exchange Parcel lid of Hanson Lands Permanents Cement Inc.- - __ _ X, ic) e Exhibit II: 61 Acre Parcel Temporary exhibit to be replaced by surveyed plat map prior to close of escrow 0 375 750 1,500 e Produced by Midpeninsula Regional Open Space District,June 2006 F@K WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager GRANT DEED WHEREAS HANSON PERMANENTE CEMENT INC., an Arizona corporation, ("Grantor"), is the owner of all of that certain real property, being approximately forty-six(46) acres more or less, located in the County of Santa Clara, State of California; and WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District("Grantee"), desires to obtain the Real Property for open space purposes and Grantor desires to convey the Real Property to Grantee; and WHEREAS, Grantor desires to retain an access easement over a portion of the Real Property as more particularly described hereafter; NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms, conditions, and restrictions contained herein, the parties agree: l. GRANT. Grantor hereby grants all of its right, title and interest in and to the Real Property more particularly described in"Exhibit I", attached hereto and incorporated by this reference (the"Real Property")to Grantee subject to the following terms and conditions. 2. LIMITATIONS OF GRANT. This grant is subject to all liens, encumbrances, easements, covenants, conditions and restrictions of record. 3. QUIT CLAIM. The Real Property has a certain roadway on it, commonly known as "Monte Bello Ridge Road"("Ridge Road"), as such roadway is generally described on Exhibit II and shown on Exhibit III, both of which exhibits are attached hereto and incorporated herein by this reference. Grantor makes no representations or warranties as to any title that it may have to Ridge Road but quitclaims to Grantee all of its right, title and interest in and to said Ridge Road. In addition, Grantee shall have the right to enter Grantor's adjacent property when necessary to repair or maintain Ridge Road, subject to the reasonable approval of Grantor. 4. RESERVATION OF ACCESS EASEMENT. Grantor hereby reserves from the Grant and conveyance hereunder, and Grantee hereby quit claims to Grantor, an easement (the "Access Easement") for ingress and egress on, across and along Ridge Road to its real property adjacent to Ridge Road or to the land conveyed in fee by this Grant, subject to the reasonable approval of Grantee, and which Access Easement may not be used for any purpose except normal property security, property maintenance and property administration requirements of EXHIBIT C Grantor, and may not be used to access for any purpose residential development on Grantor's real property. 5. PREVENTION OF TRESPASSING. Grantee will post appropriate signs prohibiting trespassing onto grantor's adjacent real property and shall otherwise use reasonable efforts to protect grantor's adjacent property from trespass and harm by those using district property, including such fencing as is consistent with grantee's normal practices. 6. CAPTIONS. The captions in this instrument have been inserted solely for convenience of reference and are not a art of this instrument and shall have no effect upon construction or P p interpretation. 7. COUNTERPARTS and INTEGRATION. Grantor and Grantee may execute this instrument in counterparts with each counterpart deemed an original instrument which together with the rP rPg instrument executed by the other party hereto constitutes the complete Grant and its exhibits being the entire agreement between the parties hereto pertaining to the subject matter and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded, and merged herein. No addition to or modification of any provision hereof shall be effective unless fully set forth in writing and signed by the party charged thereto. 8. AUTHORITY. The Grantor and Grantee, respectively, represent and warrant that each has the power and authority to execute and carry out the terms and provisions of this agreement [Intentionally left blank] Page 2 IN WITNESS HEREOF, the parties hereto execute this Grant. GRANTOR: GRANTEE: HANSON PERMANENTS CEMENT, INC., MIDPENINSULA REGIONAL an Arizona corporation OPEN SPACE DISTRICT, a Public District By: Approved and Accepted: Title: By: President, Board of Directors By: Name: Tit le: Attest: Date: , By: Sally Thielfoldt, District Clerk Page 3 I State of ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. SIGNATURE OF NOTARY [SEAL] Page 4 EXHIBIT I DESCRIPTION OF REAL PROPERTY Page 5 EXHIBIT II GENERAL DESCRIPTION OF RIDGE ROAD Page 6 EXHIBIT III PLAT MAP OF REAL PROPERTY Page 7 HANSON PROPERTY ADDITION TO MONTE BELLO OPEN SPACE PRESERVE z 'I" 'Lands of Ha �`Permanente;iCement; Inc. /* C,1 Property boundary to be located 5 feet north of Monte Bello Ridge Rd N 0 Rid OR Monte Bello Ridge-Road J �;�r� - �� ) / \ i _ ' 1. - Exchange'Parcel (46 Acres) Monte- ello Open Spdc 'Preserve AJ. /A 751 Exhibit 111: 46 Acre Parcel 0 375 750 1,500 Temporary exhibit to be replaced with surveyed plat map prior to close of escrow Feet Produced by Midpeninsula Regional Open Space District, June 2006 WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager GRANT OF TRAIL EASEMENT WHEREAS, HANSON PERMANENTE CEMENT, INC., an Arizona corporation, ("Grantor"), is the owner of all of that certain real property located in the County of Santa Clara, State of California; and WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district ("Grantee") formed by voter initiative pursuant to California Public Resources Code Section 5500 et seq., desires to obtain a public trail easement over portions of the Real Property more particularly described In Exhibit I and shown on Exhibit II, both attached hereto and incorporated herein by this reference (the "Trail Easement") for the benefit of the public and Grantee's adjacent open space property. NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms, conditions, and restrictions contained herein,the parties agree as set forth in this Grant. 1. GRANT OF EASEMENTS. Grantor hereby grants to Grantee a Trail Easement for the nonexclusive right of Grantee and the general public to use subject to the following terms, conditions and limitations herein. 2. PURPOSE. The purpose of this Trail Easement is to provide Grantee and the public with a right to use the Trail Easement for non-vehicular ingress and egress to and from the Grantee's adjacent real property and as part of a public trail system. District may use the Trail Easement for its maintenance and patrol vehicles and for emergency vehicles. Public use of the Trail Easement shall be restricted by Grantee to uses consistent herewith and generally limited to the enjoyment of open space views and the natural habitat and for hiking, biking and equestrian uses consistent with the policies of Grantee as such may exist from time to time. 3. UPKEEP AND MAINTENANCE. Grantee shall be solely responsible for the upkeep and maintenance of the Trail Easement and, if requested by Grantor in writing, shall make such repairs as are necessary to protect Grantor's adjacent property. 4. PREVENTION OF TRESPASSING. Grantee will post appropriate signs along the Trail Easement prohibiting trespassing onto Grantor's adjacent real property and shall otherwise use reasonable efforts to protect Grantor's adjacent property from trespass and harm by those using District Property, including such fencing as is consistent with Grantee's normal practices. EXHIBIT D 5. INDEMNITY. Grantee will hold harmless and indemnify Grantor from any and all loss, cost, expense, claims and damages including reasonable attorneys fees and court costs, arising from the use, upkeep and maintenance of the Trail Easement. 6. GENERAL PROVISIONS. A. Controlliny, Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. B. Liberal Construction. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Grant that would render the provision valid shall be favored over any interpretation that would render it invalid. This Agreement shall be construed in accordance with its fair meaning, and it shall not be construed against either party on the basis that such party prepared this instrument. C. Severabilily. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of its provisions, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby, so long as the purposes of this Grant can still be carried out. D.Successors. Grantee shall have no right to assign or convey its rights in the Trail Easement (except to a public agency which is a successor-in-interest to Grantee) without the advance written consent of Grantor, which may be withheld in Grantor's sole discretion. Subject to the foregoing, the covenants, terms, conditions, and restrictions of this instrument shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, grantees, successor, and assigns, and shall continue as a servitude running in perpetuity with the Property. E. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. F. Counterparts and Integration. Grantor and Grantee may execute this instrument in counterparts with each counterpart deemed an original instrument which together with the instrument executed by the other party hereto constitutes the complete Grant and its exhibits being the entire agreement between the parties hereto pertaining to the subject matter and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded, and merged herein. No addition to or modification of any provision hereof shall be effective unless fully set forth in writing and signed by the party charged thereto. G. Authorily. The Grantor and Grantee, respectively, represent and warrant that each has the power and authority to execute and carry out the terms and provisions of this agreement. Page 2 IN WITNESS HEREOF, the parties hereto execute this Grant. GRANTEE: GRANTOR: HANSON PERMANENTE CEMENT, MIDPENINSULA REGIONAL OPEN SPACE INC., an Arizona corporation DISTRICT, a Public District By: Approved and Accepted: Title: By: President, Board of Directors By: Name: Title: Attest: Date: By: Sally Thielfoldt, District Clerk Page 3 State of California County of On 2005,before me, (Name and title of officer), personally appeared ❑personally known to me ❑(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Signature of Notary Public (Notary Seal Above) Page 4 EXHIBIT I LEGAL DESCRIPTION OF TRAIL EASEMENT i Page 5 EXHIBIT II PLAT OF TRAIL EASEMENT Page 6 HANSON PROPERTY ADDITION TO RANCHO SAN ANTONIO OPEN SPACE PRESERVE - J 1 RanchoSa!,Antonio t� . . Preserve' -----_ Open,Space ! + / --- � � �• ,� � � ��;�,� ��,��� // ���` i _�� � �, +,� � �, � �`� �� t�t�ram- �� _ i i tI r' 1 { ,\./Jig X -i /`� E�chan`& Par�e� �V �'�`'_ti L--' �\�/� / ( �` Lam'�,\•� + 4 ail, i B Mou a' .raid � I ) E �nV er�er?t CD if Lands 'of-HansonJ f �•-' �I �,/,L� E i ' + { J �'` �. �� '' .� 1 ��_ Permariente Cement, Inc. • `�-� {' Operi Space Preserve, ,, 01 Exhibit II: Trail Easement Temporary exhibit to be replaced by surveyed plat map prior to close of escrow o 375 750 �.500 Feet Produced by Midpeninsula Regional Open Space District, June 2006 CHICAGO TITLE COMPANY PRELIMINARY REPORT In response to the appi 66bn for a policy of true insurance referenced herein, Chieas m TA*Company hereby reports that it is prepared to&Y4 or cause to be issued,as of the date harem,a Polkyor - of True Insurance describing die land and the estate orinierestffierein hereinaftersetforth, a0isaw wtffoh may be sustained by reason of any deli leo or encumbrance not shown or referred to as an EyreoWn herein or not excluded from coveragepursuant to the printed Schedules,Cbnd&bnsandS1whhtys offsaid Pokyfornxs: The printed Exceptions and Exdusions from the coverage and LmltaUbvs on Covered Rzis of said Poky or Polities are set forth In Attachment trine. Lvnitadms on Covered RM s applicable to the aTA and ALTA Nr eowners Poly of 770e Insurance w6kh estabft a Deducoble Amount and a Maximum DollarLv*of Liability for certain coverages are also set fnrtb;inAa achmeat One Copies of the PPoli yAwns should be read. They are available fmm the office which issued ticks report: 7h s roport(and any supplements or amendments hereto)is issued sole*for tfie purpose ofJadhtatkV the issuance of polay oftide insurance and no fiabdtycs assumed hereby.Ifrt k desired that kbffitybe awned prior to the i3suance,of policy of true insurance;, a Binder or Commrbnent should be requested. The Poh4fs)of tide insurance to be issued hereunder wlll be poicy(s)ofairago Ttk h7surance Company,a M&ouri cxrrpora#vn. Please read the exceptions shown or referred to herein and the excepthms and exclusions set forth in Attachment One of this report carefully. The exceptions and earcluskns are merant to provide you ss ssrls h notstcae of matters which are not covered versed under the tsernm of the tie insurance policy and shouAd be car ar ily considered. It Is Important to noise that this preliminary report Is not a ►wrlttsen mpresrentat hn as to the condition of sty and may not list all liens„def wtsr and encumbrances along bWe to the Awnd i hlcago Me Company aY Raj s<TMST EXHIBIT E-Part 1 of 4 CLTA Prelirronary rorm(11117/04) v1s t CAF on arm • ► IW cG�c ta�atr Chicago Title Company -W Mariam Sri 1VO SM ,CA 94111 415 78B- 71+FAX 415 9W2175 PREUMINAIRY REPORT Tim Mark n-aa Tide No.: 05-35600117-MC I I Escrow Ofter. Nidd Carr Locate No.: CAtTI7738-7738-2356-003 5U0117 Escrow No.: 05-35500117-NC TO: Pillsbury Winthrop Shaw Pittman LLP 50 Fremont Street San Francisco,CA 94105 ATTN: Glenn Q. Snyder 415-983-1478 SNORT lEftA+l RATE: No PROPERTY ADDRESS: Los Altos Hills,Californla EFFECTIVE DATE: 3uly 6,2005,07:30 A.M. The form of Policy or Polices of tide insurance contemplated by 0%report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Kaiser Cement Corporation,a Delavvare Corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRMED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF KV\PR 07j1212005 1 CLTA Read f«wm(11117M4) Nth t� 1�,7- Locate No.CA{.n7738-7738=2356-0035600117 LEGAL DE P'r ON IXMIBIT"A« THE LA14D REFERREDTO HEREIN BELOW IS SI'IATED IN THE UNINCORPORATED AREA,Ci3U MOF SANTA aAPA,STATE OF CALIFORNLk AND IS DESt MED AS FOLLOWS: PARCEL ONE: All Section 18,Township 7 South, Range 2 West, Mont Diablo Base and Meridian. P TWt9, Lots 1,2,3,4,5,6,7 and 8 and Southeast 1/4 of Section 17,Township 7 South,Range 2 West,Mount Diablo Base and Meridian. APN: 351-09-011 and 351 -012,351-0"13 2 CUA Fam(111171") Title No.05-3SG00117-MC Locate No.GAIT 7738-7738-?356-W35600117 AT THE DATE HEREOF,TEEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDTI'ON To THE Pw o- EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes,which area lien not yet due and payable,including any assessments collected with taxes to be levW for the fiscal year 2005-2006. I 2. The lien of supplemental taxes, 9 any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75)of the Revenue and Taxation code of the State of California. . hts incidental thereto as ranted in a 3. Easement(s) far the purprse{s} shown below and t� � document. Granted to: The County of Santa Clara Purpose: Right of public to use as a roadway Recorded: February 15, 1894, Book 170, Page 10,of Creeds Affects: Said Land 4. Matters contained in that certain document entitled"Agreement"dated January 18,1934,executed by Santa Clara Holler Company,Ltd.,a Nevada Corporation to The Roman Catholic Archbishop of San Franc, a California Corporation recorded Marta 17, 1934, Book 679, Page 296, of Official Records,which document, among other things, contains or provides for: Right of Way Agreement. Reference Is hereby made to said document for full particulars. I S. Matters contained in that certain document entitled"Agreement"dated June 16,1937,executed by The Roman Catholic Archbishop of San Francisco,a Califomia Corporation and Santa Clara Holding June 24 1937 000m, Company,Ltd.,a(Nevada) . n recorded J , s Book 833,Page 4 of Official R which document:,among other things,contains or provides for:Easement for pedestrian and vehicular travel. Reference is hereby made to said document for full particulars. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document Granted to: Pacific Gas and Electric Company,a California corporation Purpose: A line of bowers Recorded: May 6, 1963, Book 6012,Page 402, of Official Records Affects: As follows: 3 a.7A Report Form(I1117 M4) routs: (trued) 11ft No.05-356MI17-MC Locate No.CACn7738-7738-2356-003SM117 1.A strip of land of the uniform width of 100 feet aftnding entirely acme the Northwest quarter of said Section 17 and lying equally on each side of the line which begins at a point in the Northedy boundary One of said Section 17 from why the 2 inch iron pipe(with a sleeve)and 4 inch by 4 inch marker with a copper tag stamped RE ) marking the North quarter corner of said Section 17 bears North 89 deg.49' East 699.1 feet distant and runs thence South 68 deg.49 1/2"East 748.7 feet* more or Jess,to a point in the Easterly boundary line of the Northwest quarter of Section 17. 2.Beginning at a 1 Inch iron pipe marking the Northwest comer of said Section 18 and runner thence Soutar 87 deg.31' East, along the Northeriy boundary litre of said Section 18,a distance of 1675.6 feet; thence North 88 deg. 22 West 1662.9 thence North 88 deg. 41 1/2' West 12.4 feet to a point in the Westerly boundary One of said Section 18; them North. 1 deg. 2* East, along the Westerly boundary line of said Section 18, a distance of 24.9 feet, more or less, to the Point of Beginning. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted In a document Granted to: County of Santa Clam,a political subdivision Purpose: Ridgelne Protection Easement Recorded: October 4, 1972, Book 0052, Page 589,of Official Records Ate: Said Land S. The herein referred to property appears to be free and dear of any Deeds of Trust or Mortgages. Please confirm ff this is the case. 9. "If an Alta Policy Is requested,this Company will require an Inspection prior to the Close of Escrow." 10. Water rights,claims or title to water,whether or not disclosed by the public records. 11. Any casements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface:of said land. 12. Any facts,rights, interests or claims which a correct survey would disclose and which are not disclosed by the public records. END OF ITEMS Note 1. There are NO deeds affecting said land,recorded within sbc(6)months of the date of this report. Note 2. Effective March 1, 1979,there will be an additional$10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map.If there are any questions,please call your escrow offer or thin offim. 4 CLTA RepodfFwm(11/17/04) NOi9ES: ( `title No.05-3560011744C Locate No. TIMS-7738-2356-0035600117 Note 3. If a 1970 ALTA Owners or Lender's or 1975 ALTA Leasehold Ownees or Lender's Policy i form has been requested,the policy,when approved for issuance,will be endorsed to add the following to the B dwjons From Coverage contained therm: Loan Policy Exclusion: Any claim,which arises out of the transaction heating the interest of the mortgage insured by this poky, by Mason of the operation of federai bankruptcy, state insolvency, or similar I cred�i aW rights laves,that is based on: ' (i) the transaction cuing the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or as result of the application of the (ii)the subordinationof the interest of flue insured mortgagee a ppl doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential tram results from the failure: (a)to tirrrety record the instrument of transfer,or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any Bairn, which arises out of the transacts 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,that is based an: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy 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 irnpart notice W a purchaser for value or a judgment or lien creditor. Notes 4. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: APN: 351-09-011 Fiscal year 2OD4-2405 1st Installment. $38,916.63 PAID 2nd Installment: $38916.63 PAID Exemption: $0.00 Land: $6,898,737.00 Code Area: 63-017 5 QTA PfeWnkWY Report form(11117J04) NOTES: (continued) IVJe No.05- 17-MC Locate No.CACTr7738-7738-2 3560117 Note S. taxes for the fiscal year stem are PAID. For proratkm purposesthe amounts � APN, 351-09-012 Fiscal year 2OD4-2005 1st Installment. $Z,736 29 PAIL) 2nd Installment $25,736.29 PAID Exemption., $0.00 Land: . 4, 59,9 3.00 Code And: 63-M7 Note 6. Property takes for the fiscal year shown below are PAID. For proiation purposes the amounts are, APN, 351-09-013 rsca year F 1 r 20 1-2 1st Instal $ 0,42654 PAID 2nd Installment: $30,426.54 PAID Exemption: Land; $5,398,238.00 Code Area: 63-017 Note 7. Wiring instructions for Chicago Title Company, San Francisco,CA,are as follows: Receiving Bank; Bank of Arnerim 275 Valencia Bh4 2nd Floor Brea,CA 92823-6340 ABA Rouft No., 121 Cfedlk Account Nam. San Francisco Cornrner dal Credit Account No., 12354-82420 Escrow No., 05-356 117-NC These wiring kWmctions are four this specific transaction involving the Title Department of the San Francisco of Chicago. Tile Company.These instructions therelbie dam not be used in outer transactions without first ve .' in the tion with our acaau rtrnent..It is imperative that the wire text be exactly as indicated.Any extraneous Wormation may cause unnecessary delays in c onf3rming the receipt of funds. Note a. Section 12413.1,CaliforniaInsurance Code bec.arne effective January 1, 1990.Thin legislation deals with thedisbursement of furs deposited with any tilde entry acft In an escrow o subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or su ac count prior to disbursement of any funds.'donne me&vods of funding may sub t fund to a holding mod why must e0m before any funds may be disbursed.In order to avoid any such delays,all funding should be dome throtgh wire tram, certified check or checim drawn on California financial c ns. 6 aTA n r—cous'7Ma NOTE& (cx+nianu TVJe No:05-SS60OU74 4C locate No.C.ACTIITT38-7738-2356-0035600117 Note 9. The charge where an order is canceled after the issuance of the report of title, will be that amountwhich in the opinion of the Company is proper compensation for the serAces,rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimun amount required under Section 124K1 of the Insurance Code of the State of California.If the report cannot be canceled"no W pursuant to the provisions of said Insuran oe Code,them the minimum cancellation fee shah be that permitted by law. I Note 10. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate maybe required tDwktvhold 3 and 11/3%of the total sales pry as California State Income Tax,subject to the vary provisions of the lave as therein contained. 7 CLTA Report Earn MAW") Os IfA og ]JAM ell � . AI tat bit Vl jdv S f4 (bOdL1fII)�O �r t an4m 1A9 *Uj%" t4 t+) n * A,.m�d caposwoA CAS naa oaagaAox s-,(4t oq �yw iwspd �laN*�!a ► a},q oAaogt as oawata�ol uag3ae aoa aa� ao twa+Pu >pa3 Rnv Z as w jo�Coil h A 4auw�tl(A)maiv 's 1 i+6 wa rt i+t+axoeP �Pk t as aoo GtaaAaM ar @�loom -Pls+aYn w IMM paueo A �a A 4 P *�4aroRP rare iay�oq+��tnrt 3"id oto Rq >as oa aN eta m�as rang `f Ymaait Sr»is 64+wpct a auaagt pn ADwzay 't �u Homo Rol a�$apFr►(oAowd>m ao wa3,�awwor'gaoa YCsd lastly °�P?�a)a®wtwp�as>t A iAHWc Iran amp:Raatad f4111. Y'aY>CBA�o IatOiL19K0[Ld�X'Y �! aal}aPa �►lttaaPa�o t*Au-oo aaaQ anatr aoow 7 t>aPba>YS n A-0 P Pjaw aspx"a4 Aaa d-Lvot Fa"'Aaw3 Amod VI-M *RI. Paa9R4�PaaPa'�91 'Pa (A) :ate aa41a aa'aagr)a aspnpa 'aaa�[` 'f 'I noxaopd op asglta aaona aq Plnoai Ra {ya o w P�aa"'aaa owI yaA Aq R�FadJm aa+C7 to a a4 Paµaoaaa M4 ao4 sop==aag fo °1aaP sa A aq aanAl+j% A of-Is- as-W apa n` Ya Rtoagi of • :R�aaat 34t �n4pmP4 Jr+ 1 aao +soaAa naps c aAA a +afa" l'!a fa p%f (9) .Par p .BR4P $at � "R► (H) AM�W1n�Aa4Y gar' f*)'aWPoP mehod»!todtr *p-m*V$a)o4RaS1� R4 Paaaa�4 aaaaAWr'wo mW a Sa MKt a w A�aaayar►A an Ioaangi Pan4.atnp . as A aaas4 n ao Faa+lea4a N�4I�Psf W�4Wo at a nowa+ ` vM P='ro! fn x!�-A I-= of#�� �° m'lam ao Pamaaot43W$— as *%fo0-aauir�' hW `'" .!a aaalpt—ku,ya ao as o�w n3 o wus�n q P� 4"i F�Frsnri ogi-Partegt`#a Pam! JO AM 0%A P 4 ao I Ana'awam Ash� () � ys a� reams (�� a myr .:VLSI P PaA%"0% adAoo 'ao oat au mF %taatnd . P «tdoaAooq» 3%"PP aagcrt Ral lanMo4 m Rod'roa�rnn ps aun aaa Sq ao at fwua+Lw Pa t?�!P laaa p-p"Map Pau�q ao at la Affiomnw o+S1+ 8 Aca ow r our uootAod w u1L y agwoa aotw gartlns tgandar ao a�,Ataaaap+'*a+an i meq%S�tndyaa�Qsr �!lib'aOatPrwpmaoatos'Rxw�usoaRoxwtnamltan (4? C7���4t�'�g1� ikw Kola 9901Stt OXI 0 naoor�t- �pw it��4'a '+a+al^a�oa41 �«a�aaRa"iaono, Lo�acpfa�raar>da�amoan as 13p(A ao aapw aaa .% au aaltoa Laa-wqw A an na?tAPaaaat fa Paa�aaaR. aim w an:aaparRaa#o+ oip ai fhh))T da!tad o i13 awoaaR tP PWAUF OV OPPW41 tRt aaoug s na Ada<o auittpe i+! ata Paanow aalz?�i aitatcyr w Imp- Pa' .a%*-O" •PaawaP Pam ov a ooaaan*P(4±t) P«t' a 1 Po of 'a ao aa4 cPM.aao of amoal a (( A w yAaaPp aaPfa' .ia ara±aaaP Moo b�Ata .V. a� o Pa[rriaP Fa4 Pa of laPUMM aft apoao8aor'44a4PP-4lK&Xttadfa**aat Muaaao t,.bw�,, � AIO Kg tp A-tII�AiAAC-64A� '�a fit'^"?Pk`^a.�a r fJ°�.t+W& op--3ngid a�o.taa *-Vr mPaPsanaswagm{fGpGNQtO m%n�AYaAPt�aMaP>fiwsn P •aooAepAw �mP°Ca*oPa _ tAraaPuotPoPuoaa ratPratwn aa!+PFaF+P *Ja+a 'F°r ` a 9-2 w fawrat►gat33M �Pavf asp d pz mQ a aQrARvoon °qt P°ai0a r#oIl �#as ydaaasa`a+a9s( P �maa�d mE{cd.F�ivn (R! agtp MPaa +c4 f w aF "s w,Paaa at Pm►"Raip wa at pcaa M Ar Paq 0%of PD�laa as *t�ao P Aft atg»a+a an aoq�t'arat taco wf o»tF o tar+Puaaas a} r�'q aaat"I Paaat No . -wt!rs Poftm RRwp►R13a � `aa "aarcmrralcrlaltgo»RW '9 aogrto!n.Ama3 . 'ane `iAPr owfaa Jo-. i fa arogaa A of ao Ruuetao3LPa pow Paaoam aRB Pa aPl�a ato pa psa oaoxry awM aaaa�o p t fa�o aqt as oAae yo m at A ctawtoa. au "w4a4aa�faaotl"aaPM g eeaattowR+oq s a x► 1Paut �taearatfit aoPaa'+taq►f!► pun"af w sw,�o s*+at Rat4 Idc z Rtdur�.a ao (!►J x>�ncY a NU aq#fs aarnca Roar Kr aaRDt aaoao SGx�d fa w p�aaaaf b mot 1aaaPa4 a° xa � t a aaR w n swi-jowkwopamoulao . Psi Flo to o=" ao�mdmjo i0q +fix`a -"-pool I-w- Pa am A Poua Haar"anAy t�PPS 4*t^ ao oat w lam— (a) &M&k-xoa%pu A aad---U—aq- Kau 11JYM07 WOl $AOI9alD X (Zb'Li-�t)JL?I'IOd DPYO'I Bttlll:'1ti?t)Sfl1/1rLT1I.aK1"I b(YJIo (aEFIl+tLI:KO�) s Its . _ . Is19 ' 1 "� gIntl fill's , t s Tv g M.] 11211M] 4 Cta I U Iq 41 v b dIts It, zao1j' to q* Ail � E+ b - j� . <� asll it's ,A to'I'l His at M111 A 2,A ISO] ig 1-sag � a Notke you may be entitled to receive a$20.Ot1 discount on escrow SerVices f YOU PutChasedr sold or refinanced residential Property in Callformla between May 19,1995 and November 11 20D2. Tf you had more than one qualifying transaction,you may be entitled to multiple discounts. if your previous transaction involved the same property that is the subject of your current transaction,you do not ha veto do anything;the Company will provide the discount,,provided you are paying for escrow or tide services in this transaction. If your previous transaction involved property different from the property that is subject of our current transaction,you must Worm the Company of the earlier transaction,provide the address of the property involved I the previous transaction, and the date or approximate date that the escrow closed to be ejigbe for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction,the Company has no obligation to conduct an Investigation to determine if tion a prior d � the Company p ycK, ��� firr a discount. you transaction,the Company is required to determine if you qualify far a daunt. Effective through November 1,2014 I M 1►=1 We and respect the privacy opectations of todai`s consumers and the requirements of and Stft livaq I law out malting you aware of how we use your non-pubiic personalint CP '),and towhom It is disclosed,will form ftba0s for a relationship of trust us and the pudic that we sftvre, itws Privacy Statemierlt provides that explanation, We reserve theright to dW*e this Privacy Statement from time to time Consistent with aWkabte privacy laws. In the coarse of our business,we may collect Personal Infom►ation about You dram the following From applications or other form we receive from you oryour authortmd representative From your transactions with,or from the servioes being performed by,us,our affiliates,or others; From our Interrmt web From the public retards mai sites; ntained by governmental entities drat we either obtain in directly from those eniftles,or from our affiliates—or othem,and Fran consumer or other reporting agencies. Our Polides Regarding the Protection of the Confidentiality and Security of Your Personal Intarmstion We maintain physical,electronic and procedural safegAirds to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our PoUcies and Practices Regarding the Sharing of Yours Personal Intommillon We may share your Personal Information vdtit our alfiilakes,such as lroxwoe companies,agents,and other red estate settlement service Providers. We also may disclose your Personal k0ormatlar. to operft,to ifdrd�partokers or representatives y contractors or service to who provide services or perform m with services you have jor other functions on our behatft,and to others with whom we enter into joint mwketmg agreements for products or services that we believe you may find of Intel in addition,we will disclose se your Personal laWmation when you direct or+give us permission,when we are required by law to do so, or when we suspect fraudulart or criminal activities. We also may disclose you Personal Information when otherwise permitted by applicable privacy larva such as,for example,vim►disclosure is needed to enforce our 09tts&rWM out of any or relationship with you. One of the important rmponsiblutles of some of our affiliated companies is to record documerts In the public domain. Such documents may contain your Personal Info Right to Access Your Personal Inforsnatlon and Ability to Corot Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to♦trxt out to whom your Personal Inforrmation has been disclosed.Also,certain states afford you the dghtto,request correction,amerrnirnivitor ofyour personal information, We reserve the right,wheys:permitted by law,to charge a reasonable fee to cover the costs Incurred in responding to win requestL All r must be made in writing to the following Rdelfty National RMXW,IM P vwv Compliance Officer 601 Riverside Average 3acisso e,R.322fM Muttipie Product*or Services If we provide you with mom than one financial product or service,you may rave more than one privacy notice from us. We apologize for any inconvenience this may come you. WWOCV swamerA(v+i—,v)(lrn) OFFICE OF COUNTY ASSESSOR S A N T A C L A R A COUNTY. C A L I F 0 R N I A 351 P9 I 0 Thi�r is=cot w awq of the lawl wR1 it 1xar�wt - w a mau&`of iv.&nv&.iQn exb,and wMU the =W is evaipiWfnua i=&=ffAW+"WO beLor _ C co"cor*«6 no Uji"it wtm—dJv _ CbICW ToleCew*aM arm aacarrecoMill (Iwy•`) (tw�A�} ^`'r v —_� ": y f wddu�onhariew '� �s �\ (T 4.12 M.I 14 1 I'AiOPENIASUI• ■EGIOWL OPEN SPACE 015T ; t 552.S2 AC TOTAL T`. 1__ 1]TS A[-TOTALI i 12LAIrAc) ; 1 (41"A.} w t _ IDPENINSULA REGIONAL 1 tE OPEN SPACE DIST. 4A4 ,.i (AI 11 Ac) A d 157.64 AC. �1 I _ 4 tu'�•t/ I t4°.-M ` II({0 a 1 .�+• \'�"—' li is Q I .. Ac) �i7°vA`J �/ ��jS1RKy � {OLMIk,) � (�es�n..�) �1 O•. f O AItR MIDKNINSULA REGIONAL OPEN I ! S PACE OUT —T t�w� SM.KAc.) pla 1t I _ I tAMRf}ICE I-STONE—A-..'�7R T,7 s_R.21N. R.0.S 6/.Y6,3;38,3j Carplwt lo6r IL t t Cady T,7 S.,R.3 K Eth�tM a sao+-�ooa n CHICAGO TITLE COMPANY PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago 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 heretnafterset forth,insuring against kiss which may be sustained by reason of any defect, lien or encumbrance not shown or referred tv as an Exception herein or not excluded from coverage pursuant to the printed Schedules,Conditions and Stlpulatbns of said Policy forms- The printed Exceptions and Exclusions hnm the coverage and Limitations on Covered Risks of said Policy or Policies are set forth.in Attachment One. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the Policy fomis should be read. They are available from the office which issued this report. 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 rs desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Polxy(s)of title insurance to be issued hereunder will be polky(s)of Chicago Title Insurance Company,a Missouri corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Chicago Title Company BY &WI UJ//��J�� ATTEST �Cfj� � Sea0t8ry EXHIBIT E—Part 2 of 4 QTA Preliminary Report Form(11/17/04) vist us on our Web5ft. mz=aim ' Chicago Title Company 368 Market Street,Stdte 1300•San F�-andsoo,CA 111 415 M-W71•FAX 415 956-Z175 PRELIMINARY REPORT Titer Officer: Mark.C*t+on-ad Tide No.: 05-3560011B-MC I� Escrow Officer. Nidd Carr Locate No.: CACTI7738-7738-2356-0035600118 Escrow No.: 05-35600118-NC TO: PillsburyWinthropWing► Shaw Pittman L.LP 50 Fremont Shea San Francisco,CA 941055 ATTN: Glenn Q. Snyder 415-983-1478 SHORT TERM RATE. No PROPERTY ADDRESS: Palo Alw,California EFFECTIVE©ATE: 3un+a Z4 2005,07:30 A.M. The form of Poky or Policies of tide insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: KAISER CEMENT CORPORATION,a Delaware Corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A`°ATTACHED HERETO AND MADE A PART HEREOF KV\RL 07/11/2005 1 CLTA Prehrrirwy Report Form(11/17/04) Title No.05-3S60011844C Locate No.CAm7738-7738-23564M 118 L ��MI RTTON Gh ISIT"AN THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY Of PALO ALTO,COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: The NE 114 of Section 24,Township 7 South,Range 3 West, Mount Diablo Base and Meridian. APN: 151-12-001 I i 2 QTA ReWrMW PAport-fom(11J17M) I Title No.05-35600U8-f4C Locate No.CACT17738-7738-2356 W35600118 ATTHE DATE HEREOF,,ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE INADDITIt':1N TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE' AS FOLL+DWS: 1. Property taxes,which are a lien not yet due and payable,including any assessments collected with taxes to be levied for the fiscal year 2W5-20%. I i 2. The lion of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75)of the Revenue and Taxation code of the State of California. 3. Easernent(ss) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for dedication,on the map of said tract. Pu rpose: Montebello Road Affects: Said Land 4. Matters contained in that certain document entitled"Agreement"dated January 18, 1934,executed by Santa Clara Holding Company,Ltd.,a Nevada Corporation to The Roman Catholic Archbishop of San Francisco,a California Corporation executed by and between N/A recorded March 17, 1934,Book 679, Page 296,of Official Records, which document,among other things, contains or provides for: Right of Way Agreement Reference is hereby made to said document for full particulars. S. Matters contained in that certain document entitled"Agreement"dated June 16, 1937,executed by The Roman Catholic Archbishop of San Francisco,a California Corporation and Santa Clara Holding Company, Ltd.,a Nevada Corporation executed by and between N/A recorded June 24, 1937, Book 833, Page 4, of Official Records, which document, among other things, contains or provides for: Easement for pedestrian and vehicxrlar travel. Reference is hereby made to said document for full particulars. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document Granted to: J.C. McCaughern also known as John G. McCaughern et al Purpose: Road purposes 25 feet in width Recorded: February 9, 1946, Book 1329, Page 183, of Official Records Affects: Across the Southwesterly comer of Said Land 7. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortgages. Please confirm if this is the case. a. "If an Alta Policy is requested,this Company will require an Inspection prior to the Close of Escrow." 3 CL-TA Preknirtary Ra(,wNt Form(11/17104) Ti 44si (ems We No.05-3 i1S-MC Locate No.CACT17738-7738-2356-=SMIIS 9. Water rights,ddaims or We to water, whether or not disclosed by the public records, 10. Any eesements not disclosed by those public records which impart constructive notice as to nuiftrs affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 11. Any facts, tightest interests or claims which a correct survey would disclose and which are not disclosed by the public records. END OF MMS Name 1. There are NO deeds affecting said land,recorded within six(6)months of the date of this report Note 2. The City of Palo Alto i nposes a transfer tax of$3.30 per thousand, based on the full Imin of the property,atthe tithe a Deed or other transfer is recorded.This is in addition to the$1.10 per thousand County transfer tax. Note 3. Effective March 1, 1979,there will be an additional$10.00fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions,please call your escrow officer or title officer. i i 4 CLTA Napoli Fpm(11/171M) NOTES: ( et) Title No.05-35 11844C Locate No.CAcn7738-7738-2356-0035b I18 Note 4. If a 1970 ALTA turner's or Lender's or 1975 ALTA;Leasehoki Owner's or Lender's policy form has been requested,the policy,when approved for issuance,will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or slnbarcredbars' rights laws, that Is based on: (i)the transaction mating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or Ql the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ia)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. Owners Policy 6xciusion: Any claim, which arises out of the transaction vesting in the insured, the estate or ingest 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 estate or interest by this policy Ming deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a the failure:n nt preferential transfer results from preferential transfer except where the p (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. Note S. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are, APN: 351-12-001 Fiscal year 2004-2005 1st Installment: $723.78 PAID 2nd Installment: $723.78 PAID Exemption: None Shown Code Area: 06-036 5 Q7A Report Farm(11117/04) i NUrES:(continued) Title No.05-35SWI it i Locate No.CACT17738-7738-2356-0035600118 Norte 6. Wiring instructions for Chicago Try Company, San Francisco,CA,are as follows: Receiving Bank: Bank of Amery 275 Valenda Blvd,2nd Boor Brea,CAA 92823-6340 ABA Routing No.: 121000358 Credit Account San Franco Commercial Credit Aomunt No.: 12354-82 20 Escrow No.: 05-35600118-NC These wiring instructions are for this specific transaction involving the Title-Departrnent of the San Francisco office of Chicago >Company.These instructions therefore mould not be used in other transactions without first verifying the information with our accounting department It is inoperative that the wire tent be exactly as indicated. Any extraneous information may cause unnecessary delays In confirming the receipt of funds. Notae 7. Section 13413.1,California Insurance Code became effective January 1, 1990.This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all fonds be deposited and collected by the tide entity's escrow and'/or subescrow account prior to disbursement of any funds.Some methods of funding may subject funds to a holding period which must expire before any funds may be d should be done through wire transfer, an such all funding disbursed.In order to avoid y drelays, 9 certified check or checks drawn on California financial institutions. Note 8, The charge where an order is canceled after the issuance of the report of tide, will be that amount which In the kin of the Company is proper compensation for the servioes rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404. 1 of the Insurance Code of the State of California.If the report cannot be r a "no fee"pursuant t o the ns of saki Insurance Code,then the minimum cancellation fee shall be that permitted by law. 1 and n 18652 Janua 1 994 by Notre 9. California revenue and Taxation Code Section N , ametx1ment effective January 1, 2003, provides that the buyer in all saw of California Real Estate:may be required to withhold 3 and 1/3%of the total sales price as California State Income, Tax,subject to the various provisions of the law as therein contained. 6 MTA PAp-Fonn(I1WI04) INS If I cs It It zo HIM ss.:. t MJS U04 a] ;�l 4 %6 48 Z2 tj do C4 IS lot b AAA M Hill 1 ; I a 1.4 1 s- fli I IA fill Oil Y 9 SK,I LN i I Hal Oz IL 1 1 FA Aa fla" a i Vk' 12 v 11 lit, bit r4 14 � h s ad tax AP Y Its TV it m SC O It It, Its s It ft ip a a ass a 00 F 4dd I I W � . i sip �s Iasia i Notice You may be entitled to receive a$20.00 discount on escrow services It you purchased,,sold or refinanced residential property in California between May 19, 1995 and Navember 1,2OD2. If you had more than one qualifying transaction,you may be entitled to multiple discounts. If your previous transaction involved the sane property that is the subject of your can-ent transaction,you do not have to do anything;the Company will provide the discount,provided you are paying for escrow or tide services in this transaction. If your previous transaction involved property dKerent from the property that is subject of your current y must inform the Company of the earlier transaction,provide the transaction, '� address of the property involved in the previous transaction, and the date or a date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction,the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company informatlDn concerning a prior transaction,the Company is required to determine if you quality for a discount. Effective through November 1, 2014 i Fidelity National Financial Group of Companies'Privadv July 1,2001 We recognize and respect the privacy eVed3bom of today"s consumes and the regwrements of applIcsible federal ands state privacy taws. We benam that ma"you aware of how we use your K personal Information("Personal In on"),and to whom it is dlackM4 will form the bas for a reloilonshlp of tr ust between us and the public that we serve.11ft Privacy prdrvides that, on. We reserve the nigh[to change this privacy Statement from time to time consist with applicable privacy laws. In the Bourse of our business,we nay c+olieet Personal Information about you hoer the following sources: From applications or outer forms we receive from you or your authorizedrepresentative; • From your transactions with,or from the services being performed by,us,our affiliates,or others; • From out inlet web sites; From the public records mairkained by governmental entities that we either obtain directly from those enures,or from our affiliates or odiars;and • From consumer or other reporting agencies. our PoWns'Regardbug the Protection of the Confidentiality and Security of Your Personal Infamwtio n We.maintain physical,electronic and procedural safeguards to protect your personal Information from unauthorized access or irRanusi m. We limit access to the.Personal Information only to those employees who need such access in connection with providing products or services to you or for other tegIlimite business purposes. our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates,such as insurance companies,agents,and other real estate settlement service pmMers. We also may disclose your Personal Information: • to agents,brokers or representatives to provide you with services you have requested; • to third-party contractors rartars or service proviclers who provide services or perform marketing or other funictions on our behalf,and • to others with whom we enter into Joint marketing agreements for products or services that we believe you may find of Interest in addition,we"disclose your Personal Information when you direct or have us permission,when we are required by law to do so, or w1wn we suspect fraudulent or aiminal activities. We also may disclose your Personal information when by apple per'laws such as,for e)cample,%tten disclosure is needed to enforce our rights arising out of any or relationship with you. One of the impartant responsibillbes of sane of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Main states afford you the right to acmes Your Personal information and,under certain circumstances,to Mui out to vAwm your Personal Infornodon has been disclosed. Also,certain states afford you the right to request correction,amendment ordeieSion of your personal Information. We reserve the rim,vowre permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be unlade In writing to the following address: Fidelity National I maneial,Inc. Privacy Compliance Officer 601 Riverside Avenue 3adomnville,Fi.32204 Mule Products or Services if we provide you with more than are financial product or service,You may receive more than one privacy notice from us. We apologize for any Inconvenience this may cause you. ft cy SWauwnt(vMKY)(10/03) i b M H2 t r-- A s c s sa�r-'-- 'S N N 1 A 13 A4oK t•AQ[ / ,_,_ MWMpNn AN�SWp,l. MICL a�/tNiG� ,>��..32 � t i Thir is nas a survey of eha land and is inrlvled i T1 as a enitrrof igfumta[ian army,audm,i:he T f sanw it cvnVi7ed from iglartioaliore we be4ere fi' to be aor/rct■o GahiPiv is assulm d by 74 4C t Ar P \ Pi .TOTAL (Jricapo ji dor cowaay as to the carretlAtu 7 of raid ittfartYNuion. s�. �. A (47.34A,2) — c !' IIFIFI � 4.e�. 40A4S (4OAeS;(140AcS SKYLINE 9LVO-)L 1 416. Nf G16- t+ i' a I ow, 9 µ Y 4"7$ �s l 'c`��i o �, A/10PENINSULA REGIONAL OPEN SPACE OISTRICT r id/t u7ET 4 f�. / 308 iUif -. lit 1F tl --t— w• 1rJ .y x:e It f►fa �9AL �Lli l siy 1 \ (RAS 191-M 16) 1` wst stuf» ; 1091.4 q AC.TOT,.L +' MiDPEnINlu_A;� J,•f- t 7C S: REGIONAL OPEN SPACE Ci8TAKr— y' tlSILt •trC,t. 23 it L !1 39 yM ailK 147 71 A. �,�,�A ^ I �, 7L 30 SAN MATfO I 'Qr� �!/��tS Ftlr Olt Stop Di5 I ra14 c-11 ;,:H COUNTY s 151 2 alstn f 1•7 <Nil 1 2t•101 Mr/l II IiSU1,A .4 fft- ( couNPY pi f�MTA (�GftoA4) 7 f 4%sC ?M6 CLH .5 INS 16- nl.ir BLQfC1iAL CEia•:$ / x (` fIAAA � tT� 47. a / / raw 4 Tom R'1 � Q; fy QICI U." all SPACE t� aa I _ � . caa atm 11 ! L 0 •.. ►Y ' 'i .. ata ..... t1R i-4f utat .. a �+` A: Ir : SEE�pET+U L `.,I[lii.943 Ac.} if ,'y -... t .. kG Sa79 tll It/K an ... •. Y`,, r51uo1 p tint lln ti<tl ►L , __ «K"�TK s fun A11 AISM G16�Sals � 11.0 A (fGDgA<)' i[i at5m nls uIt gY ay I �i sari`A•w /YAt g/• fa��rloxl A ,�, ,+.1 1 Oft. rF .tx. r gun,t•-• � fra ,fYRVEY ; � •�Ytj;kYL i. r , 1i1� _yP/ :,�T� , LOT 3 c00.0 E•A4r n drArl0#N2 2... Y.�r N E,:• *.t� i tam.c ,1•, d=tc AQS 432/26 '�i I ° T W P 7 6. R.3 1Y O r,/ amutxnNil mtppr/jjF� Stof ct ^<4t5` t 13 a wtt»oartl utw eaI e I va�cl�yirf I s'1 C'•r3 1\ tl KYZ/N Alf Y ILAWM4CE E. 111 91E-A9�.ESSOR <o�nrIt a _ I c 0JAW"sM IV"Wow Pr/a*dP PAL ]DD 31369 I L.L.A. tE73136D DETAIL \ 4 1 Canp1W mdw L s L CQ"$K 3v. ' - sad 1 CNwtM AM YW]OM Jwg n4a<a tSwn.� "" ' CHICAGO TITLE C(}ItIIPA.NY PRELIMINARY REPORT t on�a of t�,nurarw referenaae i hereon, ;7 e Co 0wily �. �v the a,G � hereby reports chat rt is pre xrradd irr rzt cet�se to,be suer as+ `tlioe.a6ate �POW,orA00m,of T4e.? re ' theond and the w ,, _ rr . �ined-eac� i taaan�. or ern&a rrat sti0wn yr rel+�x1d;to a$.arr pursuant to the pvirrned.Scdr of.sa>el,AY fog 77�e p pff",and W0skm from the com a and l MOMm on Co�:R orsaAd pp3cy.or Fo s are In Attachment om,Lfvotba an t.;owfW R&bappkvble,to try'a TA and AL A i�rlers of3 a Tr surar wJ� i sh a Aed% ibXe ntgrida 1►fa nt t kXlar t t L6abjW jor certahi m are also forth fn ttachmweat One.Gvvies vf'the P AWM shOukJbe rid. 'Theyar+e a ifatc-fro the oftie wbA: `i&uedt* 77*rqm t(and,any supp is or amendPw&bereW)Is&suW Jy for*PurP=10"aakaft the Asuanc alp A:yoft owranceandno tsammedhereby.Yk,&deslrerl&t . beas 67Vd prior to tthe t nCe of policy of Mrancea a,07der or CzvYn&nent-4W1dbeAWtle00, Tare PWgOfs)of Mk,Wurance to be uedhn.munderw1be pdki (s)of oVcWo 77tbInsurance fwWay,a 1yrlcorprxaAhn. p the s�or"r�atferred to hsreln and the excae�and rc►vsl6o i r�s.seC l ln.;q cl> ent Fne of�li rapoart c ommlly. T ve d& ptfons xnvdwA0aa,s tnar�Ot to �v#xnatr°. . ora noR caar+�ned rrnder"tfie ftratfrartae poikyand should.iM carefittily conAftred. It <Xr»p!c+x#a►nt to.none►tit thtp!rii»Inary &c not a.,wt .. tD tit ranirdJftti+of aird t»ajr not ta�fial/Ilerg.rJ'ec#s and,een�cwrmbraneaees a" . rrp amn > Wavol?fir"Company By 4. . .. z x EXHIBIT E—Part 3 of 4 CLTA mjrwy Fbm(l1JI7/04) Kit Us on aca Wd¢:. ; Ch it ' � rl 388 Mid*.`bvd,!Sine 1M*San RWOSM,CA 94111 4i5$t8,6671-RX 45 9trI4175 PRELIMINARY REPORT Title ..5 . r Ctii� Tie,No.,:, W3lK00 16�-MC draw fic t"; Lpcate No.: CACTI7738 77 8- 56-003S600116 Esrraw Na: 05�3S1i011 TO Plilsbury Wlrfthrop Slaw Pittman LLP 5q'Frernontbreelr San Frame,CA 94105 Am. Glenn Q.Snyder 415-9$3=1478 SHORT TERM RATE: No PROPER1'YMD Las.Akos Hills,California EFFECTIVE DATE: Aloo 4 209$r 07:30 A.M. The farm of PoIICY 0r poj q WelnsuralnPaconternplaW by this report is: 1. TNEI+STATEA.R 3NTERESi IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY .,., THIS IS: A Fee 2. TITI.:E TD SAID ESTATE C R INTEREST AT THE DATE HEREOF IS VESTED IN: Midpeninuiaioai t3pen Ditr , a pubic 410trar►d GoWesrw wire Title POW rits t ar i aunty;a+Calif�a►rr�ia Carpo n,�s their in " "ya , of 3. THE i.AND REF utED To i i+ ims REPORT IS'DESCRIBED AS FOLLOWS: 'SEE D{HIBIT`"A"ATTACHED HERETO)AND MADE A PART HEREOF KY1$Z 0711212005: 1 CM RePW Fvm0iJ17(43I [.orate No.CAMMS-7738=2356-0 606116 LEGAL DES.QUMON EXHIjIIV"A THE,LAND RU,,ERR D.Ta HEREIN BELOW IS SrMATEP IN THE,,UNINCORPORATID AREA,CQUNTY CF SANTA CI ARA,ST&E OF CALub,RNIA,AND IS DESt BED AS FOLLOWS: BEGiNNB'1G at the awnMw corner of Sections 8,:9,76&77 of Township 7 South Ran"`2 WestXD,B.&K as shown on t hat# �T. nerd r�a��iP eo p,,"yRe�O �S ir,M the 1a 4s o��f�the n+Gatti .'k A biftp of-San ia rin 1. r P-2M.Mr S.:�4 iFii� Oara:�� �/ .,i0, / Bc>o1c 26t f Rs:at .. 28,,29, 30, 31 and 32; aiang the boundary of',',, 9-09 te 1/4 of Section 17 North,89°2613�" West 2M t nce 1 IXA3" YVest 1293r9 �,. 5 ► 1°2 '3)"'West #hence 8:3°SU`59642:88 f '►T' 12Q.k3 feet; tlira9 the i��boundary off North. 1/4 of said 17'South 8"' 1271 8' t to a pain tfienca South 88°S5'45" i 633 J feet a pobtt t e att io Shin A t South r txaunda%', ce along said ieastet ry North 43°2 7" l'esi 183}22 Leaving the Southerty.boundary thi[tie San An6tb Rancho North 89°33'53"West 626.G4leetlmtfi►e of BEGINNING,contaWrig 105.474 acres more or Less. APN: 351-0-017 2 a.TA Report Faxm(V17M) I TWe Mo,(iS-3 56i0 1MG 1=*e Na CACTrr/ 773$-;%' 3'S6Wll6 TO ' UP. PiIIi41'" EX1 P"ONS AND EXCLUSIONS IN SAIQ' P©t.ICy it R1�l Wt3ULb BE AS T^�3Lt.t)Vi�S 1. Fropertytaxas,which are a Hen not yet due and payable including any assessments collected With ;tars tb a f6r the fiscal year 20M-2006. I 2. Prem are not, e(i for taxes for the fiscal year 2004-2005 for the reason that said land is vested'In the Midpeninsula Regional Open Space District. 3: The Barr of,sgppjonjarrtal taxes, if any, assessed pursuant to the provisions of Chapter 3.5 {Commending �n 75)of the Revenue and Taxation c6de of the State of California. 4. Easement(s) for the purposes) shown below and rights inciderttal ftrdto as granted In a document. Granted to: G.H.and T.F.Grant Purpose: Water pipe llne, Recorded: October 26, 1868,Book C,Page 241,of Miscetlaneous,Records The exact location and extent Hof said easement is not disclosed of record. S. Agreement executed by and between the Roman Catholic Archbishop of San Francisco,a Corperratxm Sole,and`Pacnk Gas and tle*Company,a California corporation,dated July is,1054 and MODrded Cklober"S, 1954 in Book 2974 Off" icial records,Page iM. Agreement made and executed by and between the above mentioned parties;dated April 10, 1963, rebDrded:May 14,1963 Book c 6024 i'l Recores,Page 38 m6difyiing in parttheaboviiAgreement. 6. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortg?g+es. please cxynfinIn if this:is the case. 7. "If an.Alta Policy is required,this Company will require an Inspection prior to the Close of Escrow." a. Water dghts,claims amide towatelr whether or not disclosed by the public records, 9. Any-ess+arrsert#a riot disclosed by those public records which >#construcne n aS IUD matters affecdng fill real protty'and wtiicfi are not visible arxi apparer►t foram an Ins` oi�'the surface of saiwcl land. lo. ;Any%ctr.,.r3g�hts,interests or claims which a correct survey would disclose and which are not d by the public END 4F I MMS 3 tarp Rq mAmM( u17lM) Note 2. There are No deeds affecting said land,recorded within si c`(6)mohft of the clam:Of report Nona Z. Cffedive March 1,1979,there will bean additional$10.00 fee for rsecr�ding e , , . r� 1 d .OVtIon other than an entire�in a ed final traap. If there are any questions,Rom. can your escrow officer or tide officer. Note 3. If a 1970 ALTAOwWs or Lenders or 1975 ALTA Leasehold Ownees or LaxwooWfOm has been requested.'the.9011*whenapproved for Dance,will be endorsed to add 1he fbftr"to the,Boc uslons"from Cbverage contained`therein. Loam Poky'Fxdus : Any dakni which arises out of the transaction creating the interest of the mortgagefrisured by this _poky,by reason of the operation of federal banlwuptbcy,state insolv+emV,of crEadlt W rights laws,that is Based,on: W the transaction creating`the Interest of the insured mortgagee deemed a fraudulent c gnveyanc e,cp r fraudulent trans or (III)the subordination of the interest of the insured,mortgagee as a result of the apPDMW Of the doctrine of equitable subordina or (iff)Ahe.transaC1JW,,CrWtir1g the interest of the insured mortgagee being-deemed aprefetential transfer awept where the preferential transfer results frame the fak : (a)to the instrument oft ransfert,or (b)d such recordation to impart note to a purchaser for value or a„i ent or Bert:crditor, owners,,Policy Bdusiorv. arises.out of the transaction " gin the th by I insured 1ty > reason of of' 1 ltcruptic' ,state �r or I r a7ed`� 'rigihts lavirs,that�ba1 oar' (1) the transaction creating the estate or interest by this poky being deemed,la f a0ftlent ,co rice°cam frai dient`transfer;or the tra!saction Creating the estate,or Interest insured by,thb y r , a pri; mamba!Iratts�`er where the p tial tram Sri tti fai t (a),tb Aknely record the instrument of transfer;or (b)of-such recordation to Impart notice to a purchaser for vane or a JUOJMent or Yen creditor. a QSA IteWfWm(Un7M) Ham,t Title No,+5- .* � �c tote No.C7�G'i't?738 77"564)03 116 Mote 4. Wiring Instructi 'ns fbrChipago Title Company,San francisco,CA;are as follows. Receiving Bank: Bank of America 275 Valencia Blvd,2nd floorBrea,CA,92823-6340 ABA Routing No.: 121600358 Crexi "nt Nate; San Francisco Commercial Credit mount No. 12354-82420 Escrow No. o5-35600116-NC These wiring Instructions are,for this,specific transaction involving the Title Department of the Sam frapOsco office QK­IcagoTitle,Company.These instruc�lons Fi ore shcxukl ncR be used other transactions without first "the inforniati<an our acc�undng deparfior�r+G It is imperative that.the wire text be aec tly as Indicat .Any extraneous'information n cause unnecessary delays in conf inning the receipt of funds. Note>s. Section 12413.1,California.Insurance Code.became effective.January 1 .1990.This legislation dealt 1+vith the disbursement of funds depcislted With any We ently actlng in an escrow,Or w uiras that all funds tie and col by the title sub escrow capacity.The la rreq entity's aruijpr subescrpw accrount prior to disbursement of anyfuinds.Sots *f funding may subject funds#o a hpkiing perxati which must bet�are any funds may tie' all fundin shout be done°through wlretransfer, dis6;5d,,in order to avoid any such , g wed or checks drawn on CaIffbmJa:AnancW,insUWftm N,obe A The charge where an order is canceled,after the Issuance of the report of tie will be that amount which Inthe ctpwriott of Comparry:� ni = + ofra renir7er{ed car the purpose for which the report is used,but its �e±v�at shaA,so charge be less;than the minimum amount required under Section 12404.1 of the Insurance Code Of the Statle'of CaWornla.If the report cannot be canceled"no fee"pummatto the prr vislonsof said Insurance Code,then the minimum cancellation fee shall be fihat permitted by law. Haft 7. Cardormia Revenue. and Taxation, Code Section 18662, effective 3anuary 1, 1994 and by amends t effective�anuaty A, 2003, provides than the lx er in all sales of California Rest aired t�ca vv1t1ibC 3;and!)�cat tt� lrsaies trice as fialifottila 3rxxartae `flax,submit to the"various provisions of the iaW as contained. s CaA RgatFam(IM71M) i } 49 Alpg .. zq 04 it JFI fit, IL JAI 44 8 F to . 10 1s b q ,. sad m ,• '� ..' SAID g� s . . - , v4 M r 9 S $$ a s � � Notice You may tie entkW to receive a$20'.00 disc Wtit on.escrow services if you pur k t i sold or ref nanr�ed res tiai p ply in l rnla b reen May 19,1995 ar�d November i,2002. If you had more than one qualifying transactk►n you may be entr�leci tnultpie d'�counts if your previous transaction involved the same property that is the subject of your current transaction,you do not have to'do anything;the Cornpany will provide the discount,provided YOU are paying for escrow or`t lde seAtic in this transaction. If your previous transaction involved property different from the property that is-subject of he your current,transaction,you thirst inform the Ccrnpany pf the ca trarrsac ;pn3+r i adcb�ss of the'p ` involved tt ;the previous transac�r�,and`the date or appr rnate date that the escrow closed to be°e Igible'far the discount. Unless you inform the an t�f Dior transact ?on property that is not the sob ct# this nsaction,.thie Cr spat y,ltas rto obligator tQ c rid am v t3an to d,a if you qualify for a disc rat, r the frOrnpany In nrrni 'a`Prime transaction,the Company,is requirer9:ti ,dd6ft ne=lf you�gUanfy ftrr a discount. ourit. EffeCtive through November 1, 2014 I - Rdelity bwonal SMMW Emig XCOMM-s'Etmer 3ury 1,2001 We recxignhze and the ' 1` ons of today's crtiers arxi rite rr esr►er>t5 c bye arxi state prfry iayvs.11Ue that matdru2 awxe of how we use your n�rr-p�ic infar�r►at�an{'Re��rse1 ilr�far '�,e�cl t+�w�tam R is. d;wk1 farm'the i for a neiatior of ius and the,putrlic that was s+ar .Thls ere that txpiarsation. 1Ne resee�ra tiie right Lo change tuts Prvaty 5�ters,ent trvtn'tirr�e m time v appi priv�y iatii�s. In the caum of our business,ws tray collect Personal Information abort you,from the g'"I'C s: FMMA*OWMw other forms we receive from you or your autivatzed From yourtwmcoons vvftk or from the services being performed by,us,otw affiliates,or others; From olr v ebls�s; + From the�C rewo mined by governmental l e shies that we a awn drectly'from those ,or ouraffttt s oroihets;and From consumeuor other reporting Ow policies Regarding the Frotsction of the Confidenktaiity'and'S ft of Yew P mend Iadonn thm We;maim physicai, eic and Vacedwal'safeWards to proem you Personal Information from unauthorized access or intrusion. we fxr It access to the Personal mabon by to those*n*oye es vvho need such access In c�ection with i vAdktg or services to you or for other`legitimate business purposes. Out,Policies and Proeftes'Reganrgng the Sharing of Your Personal,Information We mrnr shareyour .. a. ?refw with afiltiaGes,surh,as.insuran comparairrs,agents,and ott�ar rea!e~.tate seaiemerrt prxr+iders. Wie eiso may w your;.., Infornriation; to or t*&M to proof yowv�#h y ;have to j jrd arty ter setvdce prcrAders ado provideservices orpertkum matieftor other ftrOons,on,our der s vft whom wve enter into marketing agreements for or slices thatvve believe you may find of lowest. In adilYtlon xvaM disclose your Persatal Infer rr►atlon when you tArkor ghee us persskxs,zx we err a regored try"lawv daso, orat »crirr ,a We` sorrrcioset+o�nPers+snrifoirltat3cn`whencahetvViss.pesrnlditrY e:�riva�,ia+s+s surh as,for eei v+hen �r»ied m�ourttghts atif aryagrrterr►ertf,' or relahihfp you. Oft of the imp+?rtant 00101 of':some of our affiliated companies Is:to n=M d rrmnks'in the pubk domain. 9ifi documeft IT 000WO Your Infornuklon. Right to Acoen Yawn'Personal Inf onnation and Ability to Correct emu w Request Changes awr De ntiE w Gain states aff�y�t� �.accxss Yow . Irifixmatlan anti, circum fkid o�ao vwhon your Ir onhasbesn , Alm,u�rtaimstaatFordyr�crtlae:ritto aamar� ►�iiit�ete�+ritifjroui` M I,_. , on, Yips;nesexves tire.ram,;vvhexe btr taw,tR a rrassu►abiei tilde#b cc�er`titia cis fnt�red'm' AN rem must be ma ds in writing to the *oMng address: Fidelity;National ftwidaii Inc. Coririce 9admonyiii fi 32204 muwpk ploduets orserwkw If vve provide you v th more than one jai product or service,you may receive more than one PtAKy notice from us. we apologize for any lndonv this May cN ise you. sa+ombnc ) i tarr+cr t � 0 F F 1 0 E OF 40°{).M.?'+I Ki,A*,,g&qIt sA"NJ:A CtAIIA COY'll?Y. G.A:Li!'R�tNIA 3BOOK - 51 PAv IF 9Nt1s1�etAAo*iv PlrAs land a4d ii iarettf is J cb) at t aartbr 011vonnasian oxb%and whim*0 _ jam it caarPif f--ir�(i+rmatioa rya llfio" u�+acc w liabiliq if anu—d by • '— r;1. PA" _ gigo Titlr CovaNr as to a4 cvraacsna.. l�dl�OJwAe'�ata. (iaD�Aa.-� ^r-•—� . 04, 4 I MaDPENINSU4A JI£6N7aiAL ➢PEN SPACE DIST J -74M at.e.na Mug+ !a ziiii1OW �r a. y�oMlar - M1{DPENI!ilX w REGIONAL E -mice asr. a�,� f�As1 faa.�lk) Y "ia:*,c.:) . .ptu;r� ;f' a� '!�,q.M✓A.) A .. 10 .41,i:9.qi AC.10TAL .. low ofyST. � J n �a n u E. svNc s R.O.S 6/T6,3%3B J�� CamoMd maw K A t cadl 3T1. T,7 5.,R.3 W. T 7 u R.I W. E tr.aaoe rw>too+-�naa' i i CHICAGO TITLE COMPANY PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it rs prepared to issue, or cause to be issued,as of the date hereot a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinatter set forth,insuring agauutloss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein ornotexcluded from coverage pursuant to the printed Schedules,ConditionsandSbpulabons ofsald Policy forms The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsald Policy or Policies are set forth in Attachment One. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establsh a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the Policy fours should be read. They are available from the office which issued this report i This report(and any supplements or amendments hereto)rs issued solely for the purpose of facilitating the issuance of policy of title insurance and no liability is assumed hereby.Ifitrs desired that liability be assumed nor to the issuance of I" of insurance Bind r r mm" n h p policy , a e o Co rime t should be requested. The Policy(s)of title insurance to be issued hereunder will be polky(s)of Chicago True Insurance Company,a Missouri corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 relimina report hr not a written representation as to the Po P rY Po P condition of tile and may not list all liens,defects and encumbrances affecting title to the land Chicago TRIO Company iD P Y ev 4W] �Presideru ATTEST v' rr secretary EXHIBIT E—Part 4 of 4 CLTA Preliminary Report Form (11/17/04) Irsit Us on our Website; www.coc.rnm Chicago Title Company 110 West Taylor Street•San awe,CA 95110 408 292-4212•FAX 408 295-3975 PRELIMINARY REPORT Tide Officer: Mark Clayton-C&I Title No.: 05-98001142-MC Locate No.: CACTT7743-7743-2980-0098001142 Escrow No.: NBU #160251132 TO: Chicago Title-San Francisco 388 Market Street, Suite 1300 San Francisco, CA 94111 ATTN: Nicole T. Carr YOUR REFERENCE: NBU #160251132 SHORT TERM RATE: No PROPERTY ADDRESS: Montebello Road, Cupertino, California EFFECTIVE DATE: October 19, 2005, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Kaiser Cement Corporation,a Delaware Corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF LS\SZ 10/26/2005 1 CLTA preliminary Report Form(11/17/04) Title No. 05-98WI142-MC Lute No. CACTI7743-7743-2980-0098001142 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTHEAST QUARTER(NE 1/4) and ALL OF LOTS 1, 2, 3, 4, 5 and 6 of Section 19,Township 7 South, Range 2 West, Mount Diablo Base and Meridian,containing approximately 346 acres,according to the Official Map thereof on file in the Office of the Federal Bureau of Land Management(formerly General Land Office) approved on January 3, 1883. EXCEPTING THEREFROM that portion thereof described in the Deed from William L. McLaine and C. H. Lamberton, as executors of the Last Will and Testament of Mary Ives Crocker, Deceased, to Permanente Cement Company,dater)July 2, 1943 and recorded July 15 1943 in Book 1153 Official Records Page 10 and IY N � 9 , more particularly described as follows: THE NORTH HALF of the Northeast quarter of the Northeast quarter ofr Section 19,Township 7 South,Range 2 West, Mount Diablo Base and Meridian, and containing therein, according to the Official Survey of said Section 19, APN: 351-11-012 2 CLTA preliminary Report Form(11/17/04) Title No. 05-98001142-MC Locate No.CACT17743-7743-2980-0098001142 AT THE DATE HEREOF,ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes,for the fiscal year 2005-2006, Assessor's Parcel Number 351-11-012. Code Area Number: 85 005 1st Installment: $1,604.38 Payable, but not yet due 2nd Installment: $1,604.38 Payable, but not yet due Land: $273,965.00 Improvements: $0.00 1 Exemption: $0.00 Personal Property: $0.00 2. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District("CFD"), as follows: CFD No.: 2005-1 For: Santa Clara County Library District Disclosed by: Notice of Special Tax Lien Recorded: June 24, 2005, Instrument No. 18438576, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the County of Santa Clara. The tax may not be prepaid. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75)of the Revenue and Taxation code of the State of California. 4. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Montebello Road Affects: A portion of Said Land S. An Agreement, affecting said land,for the purposes,stated herein, upon the terns, covenants and conditions referred to therein, between the parties named herein For: Right of Way Agreement Dated: January 18, 1934 Executed By: Santa Clara Holding Company, Ltd., a Nevada corporation to The Roman Catholic Archbishop of San Francisco, a California Corporation Recorded: March 17, 1934 in Book 679 at Page 296 of Official Records 3 CLTA Preliminary Report Form(11/17/04) ITEMS:(continued) -1-itle No. 05-98001142-MC Locate No. CACT17743-7743-2980-0098001142 6. An Agreement, affecting said land,for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Easement for pedestrian and vehicular travel Dated: June 15, 1937 Executed By: The Roman Catholic Archbishop of San Francisco, a California Corporation and Santa Clara Holding Company, Ltd., a (Nevada)Corporation Recorded: June 24, 1937 in Book 833 at Page 4 of Official Records 7. An Agreement, affecting said land,for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Royalty Agreement Dated: December 29, 1964 Executed By: Kaiser Cement&Gypsum Corporation,a California Corporation and Marion Phyllis Crocker, Mary Virginia Scully Hart,Arthur M. Scully, Marion Crocker Scully, Marion Scully Barbee, Arthur M. Scully,Jr. and John Diggs, as successor trustee under the Last Will and Testament of Mary Ives Crocker, deceased Recorded: January 28, 1965 in Book 6830 at Page 721 of Official Records. 8. A lien for unsecured property taxes filed by the tax collector of the county shown,for the amount set forth, and any other amounts due. County: Santa Clara Fiscal Year: 1978-1979 Taxpayer: Kaiser Cement&Gypsum Corp. County Identification Number: 79-066526-9 Amount: $162.35 Recorded: July 17, 1998, Instrument No. 14287609, of Official Records 9. Before Issuing its policy of title Insurance,this Company will require evidence,satisfactory to the Company,that the vestee corporation named herein: (a) was duly incorporated on or before the date title was acquired by the said corporation; (b) is now in good standing and authorized to do business in the state or country where the said corporation was formed; and (c) has complied with the "doing business" laws of the State of California, if applicable. 10. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortgages. Please confirm if this is the case. 11. "If an Alta Policy is requested,this Company will require an Inspection prior to the Close of Escrow." 4 CLTA Prelftnery Report Form(I 1/17/04) ITEMS: (continued) Title No. 05-98001142-MC Locate No.CACrl7743-7743-2980-0098001142 II 12. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract,license and/or lease,together with all supplements,assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 13. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 14. Any facts, rights, Interests or claims which a correct survey would disclose and which are not disclosed by the public records. END OF ITEMS Note 1. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that.you requested. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent to this Company, signed by the parties to the transaction. Note 2. There are NO deeds affecting said land, recorded within twenty-four(24)months of the date of this report. Note 3. Effective March 1, 1979,there will be an additional$10.00 fee for recording a' deed with a legal description other than an entire lot in a recorded final map. N there are any questions, please call your escrow officer or title officer. 5 CLTA Prelkninary Report Form(11/17/04) NOTES: (continued) Title No. 05-98001142-MC Locate No. CACT17743-7743-2980-0098001142 Note 4. If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested,the policy,when approved for issuance,will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii)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. Owners Policy Exclusion: 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,that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy 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. Note S. Please contact Escrow Office for Wire Instructions. Note 6. Section 12413.1, California Insurance Code became effective January 1, 1990.This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds.Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all funding should be done through wire transfer, certified check or checks drawn on California financial institutions. 6 CLTA Preliminary Report Form(11/17/04) NOTES: (continued) Title No. 05 98001142-MC Locate No. CACn7743-7743-2980-0098001142 Note 7. The charge where an order is canceled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California.If the report cannot be canceled"no fee"pursuant to the provisions of said Insurance Code,then the minimum cancellation fee shall be that permitted by law. Note S. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3%of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 7 CLTA Preliminary Report Form(I 1/17/Ci4) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-14M EXCLUSIONS In addition to the Exceptions in Schedule B,you arc not insured against loss,cis,attorneys, 3. Title Risks: fees,and expenses resulting from: • that are created,allowed,or agreed to by you I. Governmental police and the existence or violation of any law or government • that are known to you,but not to us,on the Policy Date-unless they appeared in the regatatiam This ion building and zoning ordinances and also laws and regulatias public records • that result in no loss to you • land use • that first affect your title after the Policy Date—this does not limit the labor and • impam--b on the land material lien coverage in Item 8 of Covered Title Risks • land division 4. Failure to value for you title. • protection 5. Lack ofa riipt'. This exchsion does ant apply to violation or the enforcement of these matters which . to my land outside the are specifically described and referred to in Item 3 of �pe�tthe public records al policy date. Schedule A 7Lis arcl:.does not limit tie zoning coverage described in Items 12 and 13 ofCo erod or Title Risks. • in streets,alleys,or waterways that tows you land 2. The right to take the land by condemning it,unless: This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. • a notice of acercising 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 I=Medge ofthe taking In addition to the Exclusions,you we not insured against loss,costa,attorneys'fees,and the 3. Any facts abut the laud which a correct survey would disclose and which we not sham by expenses resulting from: the public records.This does not limit the faced removal coverage in item 12 of Covered 1. Any rights,interests,or claims ofparties in possession ofthe land not showm by the ptddic Title Risks. records. 4. Any water rights or claims or title to water in or under the land,whether or not shown by 2. Any casements or liens not shown by the public records.This does not limit the lien the public records. coverage in Item 8 of Covered Title Risks. CAMFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policyandde Cbmp4ny (b) not known to the Company,not recorded in the public records at Date ofPolicy,but will at ley loss or damage,coals,attorneys'fees or expenses which ante by reason of known to the insured claimant and not disclosed in was to writing the by tlx insuuad 1. (a) Any law,ordinance a governmental regulation(including bat no limited to building claimant 'or to the dote the' clsimmt became an waned ' pxrlicy, �zoning laws,ordinances,or regulations)restricting,regulating,pohibiting or relating ((c ing in m loos or damage to the insured claimant; (i)the occupancy,use,or oyment ofthe land;(n)the character,dimensions or location (d attaching err crcffiad subsequent to Data of Policy a of any irn(sou�ert>ent nnw ar lterasftar..d1 on the land;(iii)a seQarafion in owrsdatnp err ((e resulting lting m loan or damage winch would�have been sustained if the insured a her m the d ids or arse of the land or any parcel of whicb the land is or was a claimat led paid value for the insured mortgage or for the estate or interest insured bythis i 'v ecti err the effect �` violation of these lava or x pod cy a�dmme(es a re�let�ions, azcapt to tlu�tetd Nmz a mice of tlk 4. iJneafaceebility ofthe him ofthe imiacd mart�ga became ofthe inability or failure of enforcement thereof or e notice of n defect,lien or otcumbrance xsting fiarx a violations the insured at Date of Policy,or the inability or failure of any subsequent owner of the a all violation effecting t!x►and hm been recorded in the public records at Date of indebtedness,to comply with the applicable doing business laws ofthe state in which the Poliry. land is situated. (b) Any goveammextei popicx power not excluded by{a)above,ac«pt to tlu aueat tbt a 5. Invalidity or xn onfocesbility ofthe lien ofthe insured mortgage,or claim thereof,which notice of the ararcise tharcof a a mated of a detect,lr'm err mcumbrmue rca>riting from a arises of ofthe transaction evidenced bythe insured mortgage and is based upon usaryor violation or alleged violation affecting the land has been retarded in the public records at any consumer credit protection or nth in leading law. Date ofPolicy. 6. Anyclaim,which arises out ofthe transaction vesting in the insured the estate or interest 2 Rights of cminc t domain unless notice of the exercise therenf has been recorded in the insured by this policcyy or the transaction creating the interest ofthe inured lender,by pffAic records at Date of Policy,but am excludm4 from coverage any taking which has ofthe operation of fiderat bankruptcy,state insolvency or similar creditors'rights paws. occurred ' to Date ofPolicy which would be binding on the rights of s purchaser for value krwwledppe. 3. Defects,liens,encumbm adverse claims,or other matters: (a) whether or not receded in the public retards at Date ofPolicy,but created,suffered, auu med or agreed to by the insured claimmt; SCHEDULE R,PART I EXCEPTIONS FROM COVERAGE This policy does not insure against lose or damage(and the Company will no pay costs,attorneys'fees or expenses)which arise by reason of. PARTI 1. Taxes or are which a not shown as existing lies by the records of any teasing 3. Easements,liens or encumbrances,or claims thereof,which arc not shown by the public autbonty that levies taxes or assessments on real property or by the public records. records. Proceedings by a public agency which may result in taxes or sucumcn1sornotices ofauch 4. Discrepancies,conflicts in boundary lines, in area, or my other whether or not shown by the scads of such agency or by the public records. facts which a correct uey world disclose,� 'ern we no shown by the paublic rexorda. 2. Any facts,rights=interests or claims which we not shown by the public records bat which 5. (a)Unpetented mining claims; (b)reservations or exceptions in patents or in Acts could be ascertained by an inspection ofthe lam!or which may be asserted by persons in authorizing the issumco thereat',(c)water rights claims or title to water,whetherornnot the possess'on thereof. matters excepted under(a),(b),or(c)we shown by the public records. Attachment One(11/17/04) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH A.L.T.A.ENDORSEMENT-FORM I COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this pc l cyanl the company (e) resulting in loss or damage which would not have been sustained if the insured will not pay loss or damage,casts,attorneys'fees or expenses which arise by ream of claimant had)raid value for the insured mortgage. 1. (a) Any law,ordinance or governmental regulation(including but not limited to burg 4. Unanf'aceabrlity ofthe lien ofthe inured mort�gga because of the inability or failure of and zoning laws,ordinances,or regulations)restricting regulating orselatio$to the insured as Date of Policy or the inability or future of any subaoquant owner of the (i)the occupancy,use,or enbloyment ofthe land;(ii)the character, ' ions or. to indebtedness,to comply with applicable doing business laws ofthe elate in which the land of any improvement now or hereafter erected on the land;(iii)a se(raation in oanaship or is situated. a change in the dimensions or area ofthe lend oran}'parcel of which the land is or was a S. Invalidity or uncnforceability ofthe lien ofthe insured mortgage,or claim thereof,which pert; or(iv)environmental protection,or the effect of my violation of these Incas arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or ordinances or al re one, except to the extent that a notice of the any consumer credit protection or truth in lending law. enfonement thereof or a notice o3 a defect,lien or encumbrance resulting from a violation 6. Any statutory lien for services,labor or materials(o the claim of priority of any statutory or alleged violation affecting the land has been recorded in the public records at Date of lien for services,labor or materials over the lien of the insured=ge)arising from an Policy, improvemau or work related to the land which is contracted for sod commenced (b) governmental police power not excluded by(a)above,except to the extent that a subsequent to Date of Policy ad is not financed in whole or in pat by proceeds ofthe notice of a exercise tfiareof or a mice of a defect,lien or encumbrance resulting iron a indebted<rw seared by the insured mmtgage which at Date of Policy the inured has violation o alleged violation affecting the land has been recorded in the public records at advanced or is obligated to advance. Date ofPolicy. 7. Any claim,which arises ant ofthe transaction seating the interest of the matm"ionswl Z Rights of eminent domain unless notice of the exercise thereof has been recorded in the by this policy,by reason ofthe operation of federal bankruptcy,state insolvency,or amnia public records at Date of Policy,but not excludia,4fi n� om coverage any taking which has creditors'rights laws,that is based ow occu pponor to Date ofPolicy which would be binding on the rights of*purchaser for i() the transaction creating the interest of the inured mortgagee being deemed a value witham knowledge. fireuduIent conveyance or fraudulent trm$er,or 3. Defects,liens,encumbrances,adverse claims,or other mattes: (ii) the subordination ofthe interest ofthe inured mortgagee as a result ofthe applicetion (a) created,suflavd,assumed or agreed to by the insured claimant; ofthe doctrine of equitable auubadinatio;or (b) not known to the Company,not recorded in the public records at Dee ofPolicy,but (iii)the transaction creating the interest of the insured mortgagee being deemed a known to the insured claimant and not disclosed in writing to the by the insured preferential transfer ex wbere the preferential transfer results from the failue: clause,pm{�ory.or to the date the insured claimant became an inuredythis policy, (a to timely record the instrument of transfer,or (c rasultmg ire no pose or damage to the insured claimant; (b) of such recordation to import notice to a purchascr for value or a judgement or (d� attaching or created subsequent to Date ofPolicy(except to the extent that this policy lien creditor. mares the priority ofthe lien ofthe insured mortgage over any statuoy 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 ofPolicy);or AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy andthe Canpeny (b) no known to the Company,not recorded in the public records at Dote ofPolicy,bur will not pay Ions or damage,costs,attorneys'fees or expenses whiten are reason of. known to the insured claimant and not disclosed in writing to the C�by the insured by I ' or to the date the insured claimant became an hatred policy; 1. (a) Any law,ordinance or governmental regulation(including bat not lrnitad to wing c ernmt pn po cy; and zoning laws,ordinances,or regulations)restricting,regulating, arrel"to (c reaultimg' no to s or damage to the insured claimant; (i)the occupancy,use,o en oyment ofthe Ind;(n)the character, ion or location ( attaching or created subsequent to Date of Policy,or of my improvement now or aged on ute lend;(iii)s se(+aetion in ownership or (c resulting m loss or damage which would not have been sustained if the insured a change in the dimension or area of the land or parcel of which the land is or was a claimant had value for the estate a interest instead by this poll cy estate pad ofthe on vesting in the inusnred erne es o interest claim,which cruses our transaction�y those hews 4. 1 pan; or iv environmental adios,or the affect of any violation of Any urn, g antes err ental rrcgutatiom, ex to the extent that a notice of the inaxred by this poll by mason ofthe operation offederal bankruptcy,Gate insohTny,a enforcement there notice of a defect,lienncumbrance resulting fiom a violdiam similar seditara'ri�ts Iowa,that is based on: or alleged violation affecting the land has been recorded in the public records st Date of (i) the transaction seating the estate or interest insured by this policy being deemed a fraudulent a fbaudulent transfer or Policy. e (b) ,grey governmental police power not excluded by(a)above,except to the extent that a (ii) the transaction seating the estate or interest insured by this policybeixng deemed a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting frun a peeferemtiel traoafer except w} a tins paefarntiat transfer tt silts Pion the fex'jue: recorded in the lie records at e to time record the irntrument of tramsfar err actin the land has been ( lY c violation affecting violation or alleged g 1� Date ofPolicy. @� of such recordation to impart notice to a purchaser for value or a judgement or Z Rights ' of eminent domain unless oohs ofthe exercise thereof bra been recorded in the lien credit or. public records at Date of Policy,but not exCludmpf firam CDVCfagl:any taking which her occurred ppnrn'or to Date of Policy which would be binding on the rights of a purchaser for value withnat knowledge. 3. Defects,liens,encumbra ncea,adverse claims,or other matters: a ruff assumed or to the instead claimant, created, eed, agreed by ed, The above ALTA policy foams,dated 10-17-92,may be issued to afford either Standard Coverage or Extended .In addition to the above Exclu f m Coverage,the sions Covers Es firm Coverage inagrtiora a Standard Coverage policy will also include the following General Exceptions: 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 am not shown as existing liens by the records of any taxing 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public authosi that levies taxes or assessments on reel property or by the public records. records. a c which may result in taxes or erno�ofa ch 4. apan es,canIlida in lire,, in area,encroachments,or any other by public agaxy botay proceedings,whether or not shown by the records of such agency o bythe public retards. ffiuts�wln9chta correct swveyw�ald dnclok,and uluch we not shown by the public meeads. are not shown the he records but which S. n U atented mining;claims; reservation or exceptions is patents or in Acts to interests or claims whorl () rip mnrmng attrn;(b) � Z Any facts,sigh . by public mold be ascertained by an inspection ofthe laid or which maybe asserted by persons in eutluorizing the issuaxe thereoty(c)waterripplus,claims or title to wster,whedmr oat the possession thereof matters excepted unda(a),(b)or(c)ere shown by the public records. Attachment One(I 1/17/04) � \ m ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B,You arc not insured against loss,costa,attaaeys'fees,and expenses resulting fiom: i. Governmental policepcnver and the existence or violation of any law or ga�rnmuant 4. Risks: regulation.This imclindea�relmances,laws and regulations concerning; a that are created,allowed,or agreed to by You,whether or not they appear in the a. building Public Records; b. y g b. that are Known to You at the Policy Date,bit not to Us,unless they appear in the C. Lad use Public Records at the Policy Date; d. improvements on Land c. that result in no loss to You;or a. Lad division d. that first oar after the Policy Date—this does not limit the coverage described in f. environmental protection Covered Risk 7,SA,22,23,24 at 25. Ibis Exclusion does not apply to violations or the enforcement ofthese matters ifnotice ofthe 5. Foam to pay value for Yom Titter. violation or enfaocement appears in the Public Records at the Policy Date. 6. leak of a right This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. a to any Land outside the area specifically described and referred to in paragraph 3 of 2 The failure ofyour existing structures,or any pat ofthem,to be constructed in sccnrdance Sdudula A;and with a ilicable building codes.This exclusion does not ly to violations of building b. in streets,alleys,or waterways that touch the Lend codes if notice of the violation appears m the Public Records at the Policy Date. This Fxchnion does not limit the coverage described in Covered Risk l 1 or 18. 3. The right to take the land by condemning it,unless: e notice of exercising the right appears in the Public Records st the Policy Date;or b. tie taking h"=.bSbefore the Policy Date and is binding on You ifYai bright the Load without of the taking. WMATIONS ON COVERED RISKS Your iiiourance for the following Covered Risks is limited an the Owner's Coverage Statement as follows: For Covered Risk 14,15,16 and 18,Your Deductible Amount and Our Maximum Dollar Limit ofLisbility shown in Schedule A The deductible amounts and maximum dollar Limits shown on Schedule A we as follows: Your Deductible Arnourt fair Maxhnum Dolly Limit ofLiabiliri Covered Risk 14: LQQ%of Poticy Amount S 10.000.00 or S (whichever is has) Covered Risk 15: JM%of Policy Amount $ or s( is less) Covered Risk 16: JM%of Policy Amount $ or S (slat is less) Covered Risk 19: LgQ%ofPolicy Amount $5,000, 0 _ or( is leis) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10113/01) EXCLUSIONS FROM COVERAGE The following matters we expressly excluded firm the coverage of this policy and the Company (d) attaching or=dal subaeyues t to Dete of Policy(this elan Limit the will not pay less or damage,costa,attorneys fees or expanses which arise by reason of coverage ded under Covered Risks 8,16,18,19,�,21, 23,24 2S ad 26)'err 1. )laws,Any in ordinance aror,yo)imental regulation(including�not or relimited m(t g r in► /pa which wouldEat hive bean sustained if the haired resort�mg,regulatirng,prehi may,use,or enj ofthe L ,sad'(u))t�character, or location dany 4. Unenf of de lion ofthe Inured Mat b ofthe inability or failure of now or hereafter erected on tfe Land;GO a separation in ownership or a the Insured at Date of Policy,or the inability orfuture of any owner of the change in of areas of the Lead or rely pmral ad which the Laid»or was s to comply with applicable doing business laws ofthe state invahich die Laid part or(iv)emvirmmeaW protection,or tie act of any violation of these laws, is situated. ordinances or governmental re ations, accept to the extent that a notice of the 5. Invalidity or unanforcaability ofthe lion ofthe Mortgage,Morte,or claim thereof,which enforcement therad'or a notnce ofa dafat,lire a oncwnbrooce raaulting&um a violation wing out ofthe trauectien evidenced by the Inured Mortglaga and is based upon n usury, or alleged violation affecting the Laid his been recorded in the Public Records at Date of except as provided is Covered Risk 27,or any consumer credit protection or truth in Policy.Ibis exclusion dry not limit the coverage provided under Covered Risks I Z 13, lading law. 14,and 16 of this poll 6. Red prnpertytaoxes or of sty del which became alien on (b) Arty police power net excluded by(a)above,except to the extent that a the Laord adse�to Date ofPoIicy. exclusion does sot limit the coveaagp pmvided notice od exercise thereof or a notice of s defer,lien or encumbrance resulting firom a under Covered 7,$(a)and 26. violation or alleges violation affecting the L� in been recorded the Public Records at 7. Any claim of invalidity,user fascesbility or lack of priority of the lien of the Imared Dee ofPolicy.This exclusion does not lirnit the coverage provided under Covered Risks Mc;nqw as to advances or modifications made after the Insured has Knowledge that the I Z 13,14,and 16 of this policy. vestea shown in Schedule A is no longer the owner ofthe eatata or interest covered bythis 2. Rid-AM of eminent domain unless notice of the exercise thereof has been recorded in the paticy.This exclusion does not limit the coverage provided in Covered Risk S. Public Records at Date of Policy,but rust excluding frarn coverage any taking which has 8. Lack ofpsiorhty ofthe lion ofthe hared Mortglxge as to each and evaryadvvaaoa made after occurred ppnrtor to Date of Policy which would be binding on the rights of s purchaser for Date ofPolicy,and all interest charged thereon,over Hans,�u mbrancoa sad atherrnattera value without Kaowl affecting the title,the existence of which we Known to the hsured at: 3. Defects,lien, adverse claims or other maven: (a) The time ofthe advance;or (a) crested,atrffered,assumed or agreed to by the Insured Claimant; (b) the time a modification is made to the terms ofthe hared Mortgage which changes (b) not Known to the Company,not recorded in the Public Records at Date ofPolixy,bin the not of itterat charged,if the rate of irtereest is VvsW as a result ofthe modification Known to the Insured Claimant and not disclaim in writing to the=e nybydz Inaaed than it would have berm before the modification.'This exclusion does not the coverage Claimant prior to the date the Insured Claimant became an Insured under this policy; �ov'dal in Cowered Risk S. (c) resulting in no less damage to the Inured Claimant; 9. The failure of the naidertial structure,or any portion thamf to have been constructed before on or after Date of Policy in accordance with applicable building codes.This exclusion does not applyto violations ofbuilding codes ifnotice ofthe violation appears in the Public Records at Date ofPolicy. Attachment One(11/17/04) Notice You may be entitled to receive a$20.00 discount on escrow services if you purchased,sold or refinanced residential property in California between May 19, 1995 and November 1,2002. If you had more than one qualifying transaction,you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction,you do not have to do anything,the Company will provide the discount,provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction,you must inform the Company of the earlier transaction,provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction,the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction,the Company is required to determine If you qualify for a discount. Effective through November 1, 2014 Fidelity National Financial Group of Companies'Privacy Statement July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information("Personal information),and to whorls it is disclosed,will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides m time to time consistent with applicable laws. that explanation. We reserve the right to change this Privacy Statement from ppl privacy In the course of our business,we may collect Personal information about you from the following sour: From applications or other forms we receive from you or your authorized representative; From your transactions with,or from the services being performed by,us,our affiliates,or others; From our Internet web sites; From the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates or others;and From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Informatiion We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates,such as insurance companies,agents,and other real estate settlement service providers. We also may disclose your Personal Information: to agents,brokers or representatives to provide you with services you have requested; to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf;and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition,we will disclose your Personal Information when you direct or give us permission,when we are required by law to do so,' or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreemert,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to find out to whom your Personal Information has been disclosed. Also,certain states afford you the right to request correction,amendment or deletion of you Personal Information. We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs Incurred in responding to such requests. All requests must be made in writing to the following address: Fidelity National Financial,Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville,FL 32204 Multiple Products or Services If we provide you with more than one financial product or service,you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy statement(privacy)(10/03) III OFFICE OF COUNTY ASSESSOR S A N T A C L A R A COUNTY. C A L I F 0 R N I A _ 351 11 ?T,is it was a swe)of she load m d is iaawod as a>a Wwq/ig4mm:siow owa,mawki a the torus C9awi&dfivm in jamsdos we believe to be genres,wo tiaDi4 is a mmmed by Chic+ap lids apaumq as to she eoneldwess T W F 7 S R 2 w q/saidip/bnwoiow. 13 IB 24 19 I �� — I9 17 R.O.S. 6134 37,,38,39 17 16 3 I I = 1 19 20 20 21 7 2 (37.49 AC.) i 142.35 AC.) 1160.00 AC. 1 000' I 2 I 74.95 AC.TOTAL 4 1 g -- 6 I ---- PIQ 3 I 4 (37.46 AC) I (32E2 AC.) i i I i 503.77 AC.TOTAL I I I 8 I 7 6 I S (37.90 AC.) 137.09 AC.) (59.21 AC.) - (40.00 AC.) I I -- --�-- -- -- --4--- -- 9 1 ID II 1 12 I (39.43 AC.)'—~ (3a53 AC.) (39.26 AC.) 139.34 AC) I 1 I T 14Q>� 30 2q I 1 j 2B 29 41 "%MCE E.SIOW-AW SSOR p. "tr ormont wpm d} GmpMd mar R at T.Cody,sm w EA�a1M Rd Yw 2ow-2m