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HomeMy Public PortalAbout19950322 - Resolution - Board of Directors (BOD) (2) i Cover Sheet for Scanning by ECS Originating Department General Manager Laserfiche Template Board of Directors Template Fields -� Document Date: a q ) Document Type: Resolution Preserve Name: Keywords (no more than 4): Project Name: Project Number: Vendor or Other Party: Name (First): Name (Last): Address: APN Number: Document No. 95-10 Additional Field: Additional Field: Additional Field: Additional Field: f RESOLUTION NO. 95-10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH SANTA CLARA COUNTY FOR PURCHASE OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE SCENIC AND OPEN SPACE EASEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION ( . OPEN SPACE PRESERVE, LANDS OF BARTKOWSKI, ET AL) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and authorize execution of the Agreement for the purchase of real property by and between the Midpeninsula Regional Open Space District and the County of Santa Clara, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute said Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute the Scenic and Open Space Easement in favor of the County of Santa Clara as provided in said Agreement. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the County. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. i RESOLUTION NO. 95-10 PASSED AND ADOPTED by the Board of Directors of the Midpenins;�!:� Regional Open Space District on March 22 , 19 95 at a regular meeting thereof, by the following vote: AYES: Peter Sie,nens, Ernestine Henshaw, Nonette Hanko, Elizabeth Crowder, and Wim de Wit NOES: None ABSTAIN: None ABSENT: Virginia Babbitt and Mary Davey ATTEST: Areid gnt, Secrets y, Board of Directors Board of Directors 1, 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. 14a,&4 �"&Lj District Clerk r r AGREEMENT This is an Agreement between the COUNTY OF SANTA CLARA (COUNTY) and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) for the acquisition of property adjacent to COUNTY'S Sanborn Skyline Park and DISTRICT's E1 Sereno Open Space Preserve. RECITALS 1. The purpose of this Agreement is to provide funding for the purchase of the private Bartkowski/Voss property (Subject Property) , as shown on the attached Exhibit A, for parks and open space purposes. 2 . The Subject Property falls between lands owned by COUNTY and DISTRICT and is available for purchase at a "bargain sale" price (below fair market value) . 3 . The Subject Property has been identified by a joint County-District trail planning committee as a regional trail corridor. THEREFORE, IT IS AGREED AS FOLLOWS: 1. PROPERTY COUNTY and DISTRICT agree to join in the purchase of the Subject Property (APN 517-16-006) in accordance with the terms and conditions of the attached Purchase Agreement-Bargain Sale (Exhibit B) to provide park, recreation, scenic and open space lands and a regional trail corridor connecting COUNTY's Sanborn Skyline Park and DISTRICT's El Sereno Open Space Preserve. 2. ACQUISITION FUNDING COUNTY shall contribute Fifty Thousand Dollars ($50, 000. 00) to the cost of acquiring the Subject Property; DISTRICT shall provide the balance of the purchase price. COUNTY will provide DISTRICT with COUNTY's share of the Subject Property's purchase price prior to the close of escrow, scheduled for on or before May 16, 1995. 3 . ACQUISITION RESPONSIBILITY DISTRICT shall be responsible for all acquisition activities for the purchase of the Subject Property. Both COUNTY Parks and DISTRICT staff with special expertise shall be available at all times to support the acquisition. Staff time and overhead costs of both COUNTY and DISTRICT shall be provided at no cost to the other party. 4 . TITLE Fee title to the Subject Property shall be held by DISTRICT. Title shall be subject to existing easements, acceptable encumbrances and other clouds on title as shown NMI, APR 1 8 15 on the policies of title insurance. DISTRICT shall receive a Policy of Title insurance on the Subject Property being acquired. At close of escrow for the Subject Property, DISTRICT shall convey to COUNTY a recordable Scenic and Open Space Use Easement, in the form attached as Exhibit C, over the Subject Property. 5. DEDICATION DISTRICT shall dedicate its interests and/or rights in the Subject Property according to Section 5540 of the California Public Resources Code. 6. HOLD HARMLESS COUNTY shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise from the provisions of this Agreement and which result from negligent acts and/or omissions of COUNTY, its officers, agents and/or employees. DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise from the provisions of this Agreement and which result from negligent acts and/or omissions of DISTRICT, its officers, agents and/or employees. In the event of concurrent negligence of COUNTY, its officers, agents and/or employees and of DISTRICT, its officers, agents and/or employees, liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" currently in effect or as modified. This Agreement shall take effect on the latest date shown below: COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 01 Michael Honda Peter . Siemens Chairperson President Board of Supervisors Board of Directors Date:_ _ APR 1 7 19grj Date:.31 aa'c1� Attest: Attest: YA Phyl A. Perez, Clea Jedn Fiddes, District Clerk Boardr of Supervisors Form and legality approved: Form and legality approved: Kathryn A`. Berry Susan Schectman, -Hepnty- County Counsel /3l District Counsel •, y II y r �� .;l �. ♦••4� e '��± `7 � lA � .f � �—� • � � ` s �� \ � � ;. (((��� � � _ •� \� �,. n� <<: �_� ie:, ,��!' j f I -- -- -- �__ �r J 1.4 p V• _� ,1. , j ... .I_ • • •' •• , •�•''�` LEGEND � ,�`�J'� r ' w• • '' OPEN SPACE PRESERVE \, �; - � - • , ' OTHER PUBLIC LANDS VILLA MONTALV •�%" '�g� , '�?` ARBORETUM ,� - '. •`�` z S\ ,,1�" ,1�J / mow,_ �i � -�C`' �` � �.--, _� .. ?' s ater T2rlf � 'l `�? �--- - +r+ ..•1'rtD ( u - ^>;. - _4 COUNTY OF SANTA CLARA„, __ ;- �-� .�. - ��-'• �:'�; >;,�' -y STUART CAMP AREA �� ' • �" //y/ } r f `. PROPOSED ACQUISITION: 40 ACRES y qs '..c _• '� <:. ; (BARTKOWSKI ET AL. \' PROPERTY) Q� . o°� '� ' q� 1J: i � ', off, �',l �, ..• p'rr--� -�'.�- ' ` r�l f c° '� � •h ,�i .. , try 'l.. •.+w....•Mti i 1 d / 1,10 SERENWOEL PEN SPACE PRESERVE COUNTY OF SANTA C•LARA .r ��� � ��� f / (' _.,•� ^;. .` \\r3+N _- - <\ SANBORN SKYLINE COUNTY PAR rap nt N v ti ��o, t` Ong. .''� -,. t- �'•o^� �-. 1 • .:irk#''�S`.s �,'7�+0 \ p_ n'a* C �� f� ;��\ r .<q4- .•. Y• e1Lo FebEXHIBI!ruary 995 ` Guata rage J'of + PROPOSED ADDITION OF BARTKOWSKI ET AL. PROPERTY TO EL SERENO OPEN SPACE PRESERVE Scale: 1 " = 2,000' - 0" North I _ PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between by and between CLARK R. BARTKOWSK1 and JEAN P. BARTKOWSKI, Trustees of the Bartkowski Family Trust dated August 25, 1994, and RICHARD VOSS and DENISE VOSS, husband and wife, hereinafter collectively called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, in conjunction with the County of Santa Clara ("County"), District proposes to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey said property to District, at a price below fair market value, and upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa, State of California, containing approximately 40 acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 517-16- 006; said property being further described as ParcelsTwo and Three in Preliminary Title Report Number 205746, dated March 16, 1994, from Valley Title Company, said title report attached hereto as Exhibit "A" and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of -way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property." 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Hundred Thirty-Seven Thousand Five Hundred Dollars ($237,500.00), which shall be paid in cash at the Closing (as defined in Section 3 hereof). EXHIBIT 1 -T! Page of 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Valley Title Company, 300 South First Street, San Jose, CA 95113, telephone number (408) 292-7150, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be as soon as possible after execution of an Agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis, but in no case later than Mav 16, 1995, provided, how,ever, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. Seller acknowledges that District may acquire the Subject Property on a joint basis with the County of Santa Clara as set forth in Section 5 herein. At District's sole discretion, and at no cost to Seller, District may instruct Seller to prepare Grant deed(s) granting a portion or all of the Subject Property to District and/or a portion or all of the Subject Property to the County as described in Section 5. (d) District and/or County shall deposit into the escrow, on or before the Closing: W The required Certificate(s) of Acceptance for the Grant Deed(s), duly executed by District and/or County and to be dated as of the Closing (ii) The Purchase Price in the amount of Two Hundred Thirty- Seven Thousand Five Hundred and No/100 Dollars ($237,500.00). EXHIBIT 2 Page 0, (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f) Seller shall cause Valley Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of 5237,500.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) title exceptions 1, 2, 3, 5, 6, and 11 shown in Exhibit A; (iii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole, absolute and unfettered discretion; (iv) the standard printed exceptions of the title company selected for this transaction; and (v) District acknowledges that title insurance will not be issued for Parcel 3 of the property (easement). District is aware that Seller has not undertaken a survey of the property, and District is responsible for a survey if District desires to determine the precise property line locations. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed(s) and attendant Certificate(s) of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to Di strict the original ina of the n 1 g policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less 1 P Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its.title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Conditions Precedent. (a) Seller understands that District proposes to complete purchase of the Subject Property on a joint basis with the County of Santa 3 EH1B1 Page °f� Clara; and further, Seller agrees that District acquisition of the Subject Property shall be contingent, at District's option, upon approval of an .agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis. Accordingly, District's obligation to consummate the purchase of the Subject Property is subject to the written approval by the Board of Supervisors of Santa Clara County no later than 11:59 p.m. on March 15, 1995 of an agreement or resolution to acquire the Subject Property on a joint basis with the District upon terms and conditions acceptable to the District, in its sole discretion. (b) If the condition set forth in this Section 5(a) fails to occur, District shall have the option, but not the obligation, of waiving the condition by delivering to Seller and Escrow Agent by April 16, 1995 written notice of such waiver. Absent such notice, this Agreement shall terminate and neither party to this Agreement shall have further obligation hereunder to the other and the Escrow Agent shall return to each party any funds or documents delivered to Escrow Holder by such party. (c) District understands that Seller's willingness to sell the Property at the price and on the terms and conditions contained herein is contingent upon a legal and accounting review to be prepared for Seller by parties of Seller's choice and at Seller's cost. When the Santa Clara County Park and Recreation Department Acquisition Committee has formally recommended approval of the acquisition of the Property on a joint basis with the District, District shall so notify Seller in writing. Seller shall then have a period of fifteen days (15) after the date of said notification by District to complete any legal or accounting review they "vish to conduct. Seller shall then have the option to terminate this Agreement, by delivering to District within that fifteen day period written notice that Seller has elected to terminate this Agreement pursuant to this section. Termination shall be handled in accordance with Section 4 herein. 6. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or an portion of th e he Subject Property. Seller g any 1 further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, cla ims for relocation ben efits and/or payments pursuant to California Government Code Section 7260 et seg. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 7. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties which shall survive close of escrow, each of which is material and is being relied upon by District: 7.01 .Authority. Seller has the full right, power and authority to enter 4 EXHIBIT Page into this Agreement and to perform the transactions contemplated hereunder. 7.02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 7.03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. District acknowledges that title insurance -will not be issued for Parcel 3 of the property (easement). 8. Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 9. Hazardous Substances. "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs), benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that: (i) During Seller's ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (iii) Seller has not received oral or written notice from any government authority concerning the presence, release, deposit, or removal of any hazardous substance on the Property. EXHIBIT 5 Page --6 of (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller's ownership and operation of the Property. 10. Waiver of Statutory Coml2ensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17), Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections, and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted from Seller thereunder. 11. Nliscellaneous Provisions. 11-01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 11.02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither Party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 11.03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party EXHIBIT 6 Pace C-Of of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 11-04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 11.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Clark R. and jean P. Bartkowski Richard and Denise Voss c/o Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 (408) 253-2512 FAX: (408) 257-4614 District: Xlidpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (415) 691-1200 FAX: (415) 691-0485 Copy To: Susan Schectman, Esq. District Counsel If sent by telegraph, cable, telecopy and other facsimile transmission, a confirmed copy of such notice shall be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Any party may change its address for such EXHIBIT mow" 7 Page communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in tlus Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 11.06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 11.07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 11.08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 11.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating g g g i to the same subject matter. 11.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is a g n element. 11.11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing and all representations sentations and warranties b either party to the other , sha ll survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 11.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 8 Extu s T 11.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 11.14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 11.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 11.16 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 11.17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 12. Acceptance and Execution. Provided that this Agreement is signed by Seller and returned to District on or before 5:00 p.m., December 16, 1994, District shall have until midnight January 31, 1995, to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close in accordance with the terms and conditions set forth herein. EXHIBIT- 9 page of IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. ivIIDPENINSULA REGIONAL OPEN SELLER SPACE DISTRICT APPROVED AS TO FORM: Clark R. Bartkows�rs Susan Schectman, istrict Counsel Date: Ll 19 1 S q- RECOMMENDED FOR APPROVAL: i ��'e9L�sZG.0 can P. artkowski, Trustee L. Craig Britton Date: ` -Lill 15 a General Manager APPROVED AND ACCEPTED: j Richard Voss resident, Board of Directors Date: /gI ATTEST: C.(A� Denise Voss trict Clerk Date: 7 �. W v z 10 EXHIBIT now Page / O of� 4�en Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 30, 1994 John E. Kolski Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 Re: Purchase Agreement - Bargain Sale Dear John: When signed by Clark R. Bartkowski and Jean P. Bartowski , Trustees, and Richard Voss and Denise Voss, this letter will amend subject Purchase Agreement - Bargain Sale to substitute February 8, 1995 for January 31, 1995 in Section 12 thereof . Sincerely, Bucky Mace Real Property Consultant Date: 4 - Clark R. Bartkows Trustee Date: Jean P. Bartkowski, Trustee Date: Richard Voss Date: 5 Denise Voss 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: MU Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nanette Hanko,Betsy Cromiar.Wit de��i of Genera Manager:L.Craig Britton rag Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 1, 1995 John E. Kolski Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 Re: Purchase Agreement - Bargain Sale Santa Clara County APN: 517-16-006 Dear John: When signed by Clark R. Bartkowski and Jean P. Bartowski, Trustees, and Richard Voss and Denise Voss, this letter will amend subject Purchase Agreement - Bargain Sale to substitute February 22 , 1995 for February 8 , 1995 in Section 12 thereof. S-incerely, V cky M ce � � Real Property Consultant Date: L,� T� Clark R. Bartkowski rustee Date: 2 Jean P. Bartkowski, Trustee • - `� _ 5 Date: Richard Voss Date: 9-q-CIS Vt�tJL Denise Voss 330 Distel Circle Los Altos,CA 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 E-mail: m ,d 1110 Cy com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder, la�le\Vi 0 Gener.d 84anager:L.Craig Britlon ���+ VALLEY TITLE COMPANY PRELIMINARY REPORT X:' I �00 South First Street-San Jose,95113(408)292-7150 -2160 South Bascom Avenue,Ste.3-Campbell, 95008(408)371-7891 -605 Castro Street-Mountain View,94040(415) 968-4427 - 10625 South De Anza Boulevard-Cupertino,95014 (408)253-7630 -2354 Alum Rock Avenue-San Jose,95116(408) 251-8500 ESCROW NO. 20574E (PB) Dated as of i Ia rc 16 , 1994 at 7:30 a.m. in the event of cancellation,a minimum charge of$200.00 will be made. It the escrow has not closed within 90 days from the date 4 hereof,cancellation will be effected unless other provisions 4 are made. In response to the above referenced application for a policy of title insurance VALLEY 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 hereinafterset forth, insuring against loss which may be sustained by reason of any detect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.Copies of the Policy forms should be read.They are available from the office which issued this report. �I THIS REPORT(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OFA POLICYOFTITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TOTHE ISSUANCE OFAPOLICYOFTITLE INSURANCE,A BINDER ORCOMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: standard Extended Coverage Coverage 1. California Land Title Association Standard Coverage Policy ® 0 I 2. American Land Title Association Owner's Policy Q 0 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 1 5. Other VTC.2 1 A IR-,, 7;91) F1./�a r EXMBIT Page 03-16-94 205746 page 1 SCHEDULE A i 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee, as to Parcels One, Two, Four and Five; An Easement , as to Parcels Three, Six and Seven 2 . TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CLARK R. BARTKOWSKI and JEAN BARTKOWSKI, husband and wife as community property, as to an undivided 50% , Y F P Y� and N SE VOSS husband and and RZCHARD VQSS DE I interest; r wif a as community property, as to an undivided 50% interest 3 . THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS: (Cont 'd on next page ) EXHIBIT Page�,©f� Page Lof��� 205746 page 2 PARCEL ONE: A portion of the Southwest 1/4 of the Southwest 1/4 of Section 13, Township 8 South, Range 2 West, M .D .B . & M. , described as follows : BEGINNING in the center line of Bohlman Road at the South line of said Section 13; thence from said point of beginning along said center line, the following courses and distances : N . 13 deg. 071 31 " W. 60 . 16 feet ; thence on a tangent curve to the left with a radius of 390 feet, through a central angle of 15 deg. 131 32" , for a distance of 103 . 66 feet; thence N . 28 deg . 211 03* W. 12 . 72 feet; thence on a tangent curve to the right with a radius of 90 feet , through a central angle of 44 deg . 151 550 , for a distance of 69 .53 feet; thence N . 15 deg . 541 52" E . 3 .19 feet; thence on a tangent curve to the right with a radius of 240 feet, through a central angle of 23 deg . 041 43 " , for a distance of 96 . 67 feet; thence N. 38 deg . 59 ' 35 ' E . 56 . 59 feet ; thence on a tangent curve to the right with a radius of 270 feet, through a central angle of 16 deg . 43 ' 170 , for a distance of 73 . 80 feet; thence N. 55 deg . 42 ' 52" E . 58 . 35 feet; thence on a tangent curve to the left with a radius of 75 feet, through a central angle of 56 deg . 05 ' 53" , for a distance of 73 .43 feet; thence N . 00 deg . 23 ' 01' W. 117 . 60 feet; thence on a curve to the right with a radius of 100 feet , through a central angle of 47 deg. 281 23w , for a distance of 82 .85 feet; N . 47 deg . 051 22 " E . 63 .50 feet; thence on a tangent curve to the left with a radius of 60 feet, through a central angle of 60 deg . 37 ' 044 , for a distance of 63 .48 feet; thence N . 13 deg . 311 42 * W. 7 .13 feet; thence on a tangent curve to the left with a radius of 240 feet, through a central angle of 21 deg . 241 , for a distance of 89 . 64 feet ; thence N . 34 deg . 55 ' 420 W. 134 . 89 feet; thence on a tangent curve to the right with a radius of 75 feet, through a central angle of 51 deg . 111 16n , for a distance of 67 feet; thence N. 16 deg. 151 34' E . 2 . 69 feet; thence on a curve to the right with a radius of 90 feet, through a central angle of 45 deg. 541 590 , for a distance of 72 .13 feet; thence N . 62 deg . 101 33' E . 327 .47 feet; thence on a tangent curve to the left with a radius of 80 feet to the South line of the parcel of land described in the Deed to Frank Smith, recorded December 30 , 1910 in Book 359 of Deeds , page 637 ; thence along said line and along the South line of the parcel of land described in the Deed to Frederick Ruhlmann, recorded December 1 , 1888 in Book 113 of Deeds , page 7.7 , Easterly to the East line of the Southwest 1/4 of the Southwest 1/4 of saidSection 13; thence Southerly along said line to the South line of said Section 13 ; thence Westerly along said line to the point of beginning . (Cont ' d on next page) Pagel'Lof V EXHISIT A Page Of 205746 page 3 EXCEPTING THEREFROM: An undivided 1/2 interest in all mineral rights and oil , gas and petroleum rights in and to and appurtenant to said real property and under the same, together with necessary easements for exploration and development of such rights ; such exploration, development and use of said rights and easements shall not unreasonably interfere with the enjoyment of the surface rights of said property by grantee or his successors and may only be so exercised or used by Grantor or his successors jointly with Grantee or his successors , as excepted and reserved in the Deed from Victor A. Chargin recorded January 18 , 1957 in Book 3710 of Official Records , page 47 . PARCEL TWO: The Southeast one-quarter of the Southwest one-quarter of Section 13 , Township 8 South, Range 2 West, Mount Diablo Base and Meridian, according to the United States Government Survey thereof . (WE NOTE , BUT A POLICY OF TITLE INSURANCE WILL NOT INSURE: ) 'PARCEL THREE: A right of way 40 feet wide for a roadway, pipe line and pole line through the Southeast one-quarter of Section 13, Township 8 South, Range 2 West , Mount Diablo Base and Meridian and Lot 34 of the Glen Una Ranch Map No . 2 , as recorded in the office of the Recorder of the County of Santa Clara , State of California in Book F of Maps , pages 53 and 54 ; together with a right of way over a 20 foot right of way through the General Morton Property, as reserved and further described in the Deed and Agreement dated March 4 , 1915 between G . W. Hume Company, a corporation, part of the first part, and Una H. H . Cool (formerly known as Una H . flume ) and Dorothy Hume, parties of the second part, and recorded June 15, 1915 in Book 431 of Deeds , page 199 , Santa Clara County Records ; or a right of way 40 feet wide to run in a Northeasterly direction to the San Tomas Aquino Creek and to follow the meanderings of said Creek to its intersection with Canon Road, or a right of way 40 feet wide through the Southeast quarter of Section 13, to and across Lot 34 of Glen Una Ranch Map No . 2 , to connection with Glen Una Drive or its (Cont ' d on next page) EXHIBIT page ,&,r of EXHIBIT Page of 205746 page 4 extension, as shown on said Map No . 2 of Glen Una Ranch . The location of the right of way to be determined by feasibility; all as granted by H . B . Finch Shaw, formerly E . B . Finch and Erle J . Shaw, her husband, to J . B . Clayton, by Deed dated December 23 , 1926 and recorded January 3, 1927 in Book 293 of official Records , page 86 , Santa Clara County Records . PARCEL FOUR: BEGINNING at a point distant N . 630 481 W. , 441 .40 feet from an iron bolt set flush at the Southeasterly corner of Lot 34 of Glen Una Ranch Map No . 2 , as shown upon the Map thereof hereinafter referred to, and from which point of beginning a two inch pipe set at one of the angle points in the Southerly line of said Lot 34 bears S. 50 331 W. , 41 .50 feet; and running thence from said point of beginning N . 250 041 W . , 133 . 04 feet to an iron pipe *A" ; thence at right angles Easterly N . 640 56 ' E . 60 .00 feet to an iron pipe "B " ; thence at right angles Southerly S . 250 04 ' E . , 34 . 00 feet to an iron pipe "C" ; thence S . 210 001 W . 42 .54 feet; thence at right angles Westerly along a line parallel with the Southerly line of said Lot 34 , N. 690 001 W. 42 .31 feet to the point of beginning , and being a portion of Lot 34 , as laid down, designated and delineated upon that certain Map entitled, "Map No . 2 of the W.S. Clayton, J . R. Chace, E . Shillingsburg and J.P . Dorrance Subdivision of part of the Glen Una Ranch in Sections 7 , 13 and 18 , T. 8 S . R. 1 W. & 2 W . , M.D .B & M. , Map No . 2 being in Sections 7 & 18, T. 8 S .R. 1 W. , and Sections 13 T. 8 S.R. 2 W. , M.-D .M. " and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 9 , 1921 in Book "P" of Maps , at pages 53 and 54 . PARCEL FIVE: BEGINNING at a harrow tooth set four inches below the surface of the ground in the center line of West Canyon Road (40 feet wide ) at the Southwesterly corner of that certain 1 .18 acre tract of land conveyed by Montgomery W. Hawks , et ux, to Patrick Hallisy, et ux, by Deed dated June 19 , 1945 and recorded June 22, 1945 in Book 1265 of official Records, page 317 , Santa Clara County Records , and from which point of beginning a 21 x 30 witness stake bears East 11 .24 feet , said point of beginning being also one of the corners in the Southeasterly line of that certain 10 . 34 acre tract of land conveyed by Montgomery W. Hawks , et ux, to J . Walter Crider , et ux, by Deed dated July 26, 1945 and recorded August 2 , 1945 in Book 1274 of official Records , page 457 , Santa Clara County (Cont' d on next page) EXHIBIT Page IOf 3V EXHIBIT_ A Page of 205746 page 5 Records ; running thence from said point of beginning along the Southeasterly line of said 10 . 34 acre tract of land, S . 710 06 ' W . , 51 .00 feet to an iron pipe standing at the Northernmost corner of that certain 0 .0668 of an acre tract of land described as an exception in the Deed from James A . Clayton & Company, as Trustee, to Montgomery W . Hawks , et ux , dated August 8 , 1944 and recorded August 16, 1944 in Book 1211 of official Records , page 237 , Santa Clara County Records ; thence Southerly along the Easterly line of said 0 .0668 of an acre tract of land the two following courses and distances : S . 25 ° 04 ' E . , 34 .00 feet to an iron pipe and S . 210 00 ' W. , 42 . 54 feet to an iron pipe standing at the Southernmost corner of said 0 .0668 of an acre tract of land; thence leaving said 0 .0668 of an acre tract of land and running Southeasterly along the prolongation Southeasterly of the Southwesterly line thereof, S . 69 ° 00 ' E . , 57 .89 feet to a harrow tooth set in said center line of said West Canyon Drive ; and thence Northerly along said center line of said West Canyon Drive and two following courses and distances : N . 120 48 ' W. , 34 .00 feet to a narrow tooth and N . 10 57 ' E . , 74 . 52 feet to the point of beginning, and 'being a portion of Lot 34 , as laid down, designated and delineated upon that certain Map entitled, , "Map No . 2 of the W.S . Clayton, J.R. Chace, E . Shillingsburg and J .P . Dorrance Subdivision of part of the Glen Una Ranch in Sections 7 , 13 and 18 , T. 8 S . R. 1 W. & 2 W. M .D.M. , Map No 2 being in Sections 7 & 18 , T. 8 S . R. 1 W . , and Section 13, T. 8 S .R. W. M.D .M. , and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 9 , 1921. in Book "P" of Maps , at pages 53 and 54 . PARCEL SIX: A right of way over West Canyon Drive (40 feet wide) the center line of which is described as follows : Beginning at an iron pipe set flush in the center line of Canon Drive distant thereon N. 100 16 ' E . , 20 . 36 feet from a bolt set flush at the Southeasterly corner of the above mentioned Lot 34; running thence from said point of beginning Northwesterly and parallel with and distant 20 .00 feet measured at right angles Northeasterly from the Southwesterly line of said Lot 34 , N . 690 00" W. , 296 .45 feet to a harrow tooth set four inches below the surface of the ground; thence leaving,.-said parallel line and running N . 41° 52 ' W . , 43 . 85 feet to a harrow tooth; N . 120 48 ' W. , 34 .00 feet to a harrow tooth and N . 10 57 ' E . , 74 .52 feet to a harrow tooth set at the Northernmost corner of the above described 0 .0852 of an acre tract of land . (Cont ' d on next page ) Era.HIS'IT 1 Page / oft 30 .. EX HIB IT page -7--Of � 205746 Page G PARCEL SEVEN: The free and unobstructed right of ingress and egress over , along and upon said strip of land known as West Canyon Drive for the purposes of repairing, replacing and maintaining the water pipe lines located within the boundaries thereof . I Page ,? of Pa-,e 205746 page 77 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows : 1 . Taxes for the fiscal year 1994-1995 a lien, but not yet due or payable . 2 . The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3 .5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975 . 3 . Reservations contained in Patent from The United States of America to Charles B . Wood, recorded September 23 , 1879 in Book C of Patents , page 166 , as follows : "Subject to any vested and accrued water rights for mining, agricultural , manufacturing, or other purposes, and rights to ditches and reservoirs , used in connection with such water rights , as may be recognized and acknowledged by the local customs , laws, and decisions of court, and also subject to the rights of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law. " 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of Santa Clara (No representation is made as to the present ownership of said easement) Purpose: road purposes Recorded: November 14 , 1884 Book 76 , Page 172 of Deeds . Affects : that portion of the premises contained within the bounds of Bohlman Road, 60. feet wide . (Affects Parcel One) (Cont ' d on next page ) II Page 20—ow'7— F-- EXHIMT A Page-ir 0,'Mono 205746 page 8 5 . An easement affecting a portion of said land and for the purpose stated herein and incidental purposes . The exact location of which cannot be ascertained of record . In favor of : J . B . Clayton For : roadway, pipeline and pole line, 40 feet wide Recorded: January 3 , 1927 Book 293 , page 86 of official Records . (Affects Parcel Two) 6 . Possible underground water pipe lines as disclosed by that certain Deed to J.B. Clayton recorded on June 24 , 1919 in Book 487 of Deeds, page 592 . The location is not disclosed of record . 7 . An easement for the purpose shown below and rights incidental thereto as reserved in a document . In favor of: James A . Clayton & Company Trustee (No representation is made as to the present ownership of said easement ) Purpose : water pipe line Recorded: August 16 , 1944 Book 1211 , Page 237 , of official Records . Affects : Parcel Five 8 . Covenants, conditions and restrictions , with no express words of forfeiture, (deleting therefrom any restrictions based on race, color or creed ) , as set forth in the document Recorded: November 2, 1944 Book 1230, Page 83, of official Records . (Affects Parcels Four and Five) Reference is made to said document for full particulars . Said covenants , conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value . (Cont ' d on next page) EX141DIT Page '000'r, ' 4 EXHi31?' Page 205746 '��... Page 9 . An easement for the purpose shown below and rights incidental thereto as reserved in a document . In favor of : Montgomery W. Hawks , et ux (No representation is made as to the present ownership of said easement) Purpose : ingress and egress Recorded: May 22, 1946 Book 1339 , Page 587 , of Official Records . Affects: Easterly 20 feet of Parcel Four 10 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of Santa Clara (No representation is made as to the present ownership of said easement ) Purpose: street and road purposes Recorded: May 3 , 1962 Book 5561 , Page 39 , of Official Records . Affects : that portion of the premises contained within the bounds of Bohlman Road 60 feet wide (Affects Parcel One ) 11 . Any facts, rights , interests or claims which a correct survey would show . END OF SCHEDULE B i NOTE 1 : Taxes for the fiscal year 1993-1994 have been paid . Assessor 's Parcel No . 517-16-006 . Code 60-000 . First Installment $211 .81 . Second Installment $211 .81 . Assessor ' s Parcel No . 517-16-018 . Code 60-000 . First Installment $189 .58 . Second Installment $189 .58 . Assessor 's Parcel No . 517-23-012 . Code 60-026 . First Installment $6 . 82 . Second Installment $6 .82 . NOTE 2 : Notice is hereby given that Indorsement Number 126 .1 will not be attached to any policy issued pursuant to this report . II (Cont ' d on next page) Page__f'of�� EXHIBIT Page-A,of-j '.�'" 205746 page 10 NOTE 3: If this Company is requested to disburse funds in connection with this transaction, Chapter 598, statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts . The mandatory hold period for cashier ' s checks, certified checks and teller ' s checks is one business day after the day deposited . Other checks require a hold period from three to seven business days after the day deposited . 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: i Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy , by reason of the operation of federal bankruptcy, state insolvency , or similar creditors ' rights laws, that is based on: ( 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 . Owner 's 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 insured by this policy being deemed a fraudulent conveyance or fraudulent transfer ; or (Cont ' d on next page) Pie I EXHIBIT Page A'eof 205746 page 11 i i ( 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 5 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: Grantor: Carl E . Story , an unmarried man Grantee: Clark R. Bartkow.ski and Jean Bartkowski, husband and wife, as community property, as to an undivided 50% interest, and Richard Voss and Denise Voss, husband and wife, as community property, as to an undivided 50% interest Recorded: February 9 , 1994 Book N292 , page 1344 of Official Records . (Last insured date: February 9 , 1994 ) i A I EXHISYv-ozia Page i r I a AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 10-17-92 _� �"`►� O WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and � AM ERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17.92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The follow,ng matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the lard;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power nct excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a viclation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless rctice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking whicn has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent'o Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,Iab<r or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which Nould not have been sustained if the insured claimant had paid value for the insured mortgage 4. U^enforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. T Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal I ankruptcy. 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 purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shcwn as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area.encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. i 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof:(c)water rights.claims or title to water,whether or not the matters excepted under u de a r p b o care shown b the public records.O ( ) b C ( Y P 1 T b P29e 15 0 Pag e Of LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation of alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power riot excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 1 Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Dale of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness.to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lane or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments.or any other facts which a correct survey would disclose,and which are not shown by the public records. 5, (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. EXHIBIT Reorder Form No. 12599 (Rev. 2/93) Page of EXH1131'r A Page Of / AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the exceptions tn Schedule S.you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use * land division • improvements on the land a environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date, This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened pr;or to the Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title, 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit tne access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions. you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land Z If, in addition to a single family residence,your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. y EX W)IT Page .40f AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of� i. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subs-7quent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation cf federal bankruptcy. state insolvency. cr similar creditors' rights laws, that is based on: ii) the transaction creating the estate or interest insured 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. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also Include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. records of such Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims*hereof,which are not Shown by the public records. and which are 4. Discrepancies,conflicts in boundary lines,shortage in area.encroachments,or any other facts which a correct survey would disclose, not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof:(c)water rights,claims or title to water,whether or not the matters excepted under(a).(b)or(c)are shown by the public records. EXH !;40—f Page OFFICE'of COUNTY'ASSESSOR-SANTA CLARA COUNTY,CALIFO R MIA soD� Al.a 517 16 ' -- PAGE 355., TOWNSHIP 8 SOUTH-RANGE 2 WEST SCALE I"=loo' Fr 26 s,lss7tis II�� 25 r'af40o 25 s 35 P.M. 497-M-26 .CL I 1 Z3 60 AC 87.70 AC- MET, 31666 AC. TIOAC �40 AC. I � 892 AL. l7.70 AC. Gt.- I 151374C, ennr,n wn. i P? CF ApNTSQ PYC II I 80H[MAN COUNTY Of SANTA CLARA I .,�x •• I -I 33 � SANTA .CLARA COUNTY I I I P4 3n ! 9Q I I s W.B Y /_9 aoAc. 9.80 AC.NET'9Q II`I 1sAC, g SAC. R..Ya xeii �eJ I 500 ICA, 1 RE II /6 IrCL.I 12.50% SON TA ClC1 CO. ARA ;LMAt1 � ILT I L 17 4.0 - F4 .. SANTA CLARA CO. S�5 I fc00' a7.50i �1 x I - 30.09 AC. I 14 IS'� 24- (_ xl,n c/55/025 4o-s.14a-1.4 I7 IL Z6E57 24 19 r• -S I) tj 2 RYAMCf METH SEC l27� es.' COY%LED IM COQE W Of THE REYEMIA:-O TAIUTIQM ALfxEDq E71A1SON'ASSESSOR C C , �� rye OFFICE- OF-COUNTY"ASSESSOR SAHTA CLAAA COUNTY,' CALIFORMIA-..�... r• �t. PAGE mP as-Rzw C1 517 23 94 I - r� GLEN UNA RANCH MAP Na 2 200, � 510 P.M.625-M-40 ROS622/I W R.a s YJIJ2 R.O.S. QQ' Jo I � 4�.• 987129 (2T91 AC. PER P.M. = 296AC 625-M- i looA.. ,DA•'! i 270 LOS AC Ncl\\, 20 25 y PP w�L1,I.s.s 29OAC a \ :w wa: —cas .ss•+`r r b\ r 2 sx:a. PCL. I �4'":'"- I6;% s �` CANON � .. �• 192 AC '?� [ Lod -133so• 1207AC �'� ��° •bi 'soy,? /3 35 •'.r �oy�t • L57AC �R EU HILL RO.Y c ?d"° b It �; F /B +'.e 190AC 1.04 A< 1 r� G t *aP 1'* 17 r 16 .•\ •Pr''°o�- �� 's t many n,7 �er 'r '+. � �r . r$ iHILL-•�sva �: `Jfv_ •s j R'4i�D• 'l� o �• »a °�r fi•oJ'. •• $ P -ryJJ1- .7 OqO `fie L ' l (1-663 Ad o �\ LDLSAC a �. �h1 J• 1; o f 14.515 AC. TOTAL 4 23 "+ 1.12 nC.NET 4 r o A 27 2 R / coos y: ��� ►CL.1 c A158AC V 1.03 A.. 2.142 Ac GR. 7-•' '� ��J�� (25PAC 1• 330.56 ZDS 2601 Ac WET �1E 111 1 PCL.2 IPTN PCL I. P.TN PCL. I Jr '+ 9� J 7 Aryf \ 5.17 AC. i' r Y �10.34AC) I 2.22AC. (10.90AC.GR.) p 111AC al 8.68 AC.GR.36 } �•�{;i nl I >; L to• I S 37 #. rr1 10772 AC I A oia r I 35 6 JO �' 34 '��• oars I• I _ F O 415'7 I n0 56L 63 "N P. M. 4 7 3-M-24 Page o f 0 W W W z U O Q u cry - �- ►.a �" > a o w a. VALLEY TITLE COMPANY 300 SOUTH FIRST STREET, SAN JOSE 292-7150 FAX 971-7133 ALUM ROCK BRANCH CUPERTINO BRANCH 2354 ALUM ROCK AVE. 10625 SOUTH DE ANZA BLVD. SAN JOSE. CA 95116 CUPERTINO, CA 95014 PHONE 251-8500 PHONE 253-7630 FAX 251-6763 FAX 253-8530 PRUNEYARD BRANCH MOUNTAIN VIEW BRANCH 2160 SOUTH BASCOM AVE., STE. 3 605 CASTRO STREET CAMPBELL, CA 95008 MT. VIEW. CA 94041 PHONE 408-371-7891 PHONE 415-968-4427 FAX 408-371-4638 FAX 415-968-1316 Locally Owned and Operated E H i B I T PROMPT, EFFICIENT,AND COURTEOUS TITLE AND ESCROW SERVIC vmm n- 0 of VTC 212 CREV.7.93) When recorded, return to County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95030 Park: Sanborn Skyline SCENIC AND OPEN SPACE EASEMENT Project: Bartkowski-Voss/MROSD APN: 517-16-006 Recitals A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) and the COUNTY OF SANTA CLARA, acting through its Parks and Recreation Department, (COUNTY) have entered into an agreement (Agreement) to provide for the joint acquisition of property commonly known as Bartkowski/Voss (Property) described in the attached Exhibit I. B. Both DISTRICT and COUNTY wish to keep the Property part of the parks, recreation, ecological and aesthetic resources of the midpeninsula area. THEREFORE, DISTRICT grants to COUNTY an easement upon, on, over, under and across the Property for public parks and recreation purposes as follows: 1. DISTRICT MANAGEMENT AND REVIEW DISTRICT shall manage and maintain the Property for open space, wilderness, agricultural, watershed, scenic, low intensity recreation or similar purposes (Permitted Uses) according to the DISTRICT's Basic Policy adopted by DISTRICT's Board of Directors March 27, 1974, as follows: "The DISTRICT will follow a land management policy that provides proper care of open space land, [encouraging] public access appropriate to the nature of the land and consistent with ecological values." COUNTY shall have the right of design review and comment privileges with respect to all open space and low intensity recreation development projects proposed for the EXHIBIT Scenic and Open Space Easement Page 2 Property prior to final approval by DISTRICT. COUNTY shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by DISTRICT. DISTRICT, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations or suggestions of COUNTY as to how DISTRICT should plan, design and develop open space and low intensity recreation facilities. However, nothing herein shall limit the rights of any governmental agencies having jurisdiction over the Property as provided by law, ordinance or other source. 2. PERMITTED USES The permitted open space and low intensity recreation uses allowed under this Easement include, but are not limited, to the following: a. Pedestrian, equestrian riding and mountain bicycle trails b. Casual public picnicking C. Public sanitary facilities d. Nature study and environmental education e. Photography f. Public drinking water facilities 9- Sanitary facilities h. Kite flying i. Scenery painting j. Wildlife observation k. Compatible agricultural uses 1. Meditating M. Public parking areas n. Primitive campsites (backpack camping) 0. Other uses DISTRICT determines to be low intensity recreation uses DISTRICT shall plan, design and develop such facilities that are reasonably necessary for public use and enjoyment of the Property for open space and low intensity recreation uses. 3. PROHIBITED USES DISTRICT shall enact and enforce ordinances or policies that will prohibit any use or development of the Property which would significantly changeor compromise scenic or natural values, except for Permitted Uses. Such prohibited uses include, but are not limited to the following: a. Construction or maintenance on the Property of advertising signs of any kind, except for identification of the Property for Permitted Uses. b. Commercial extraction of minerals or natural resources from the Property. EXHIBIT Page 2v of 40 • Scenic and Open Space Easement Page 3 C. Construction of residential, commercial or industrial buildings, including but not limited to a hotel, inn, condominium or rental apartment project except for the limited residential facilities necessary for DISTRICT staff s maintenance and patrol of the Property. d. Operation of any motor bike, trail bike, go-cart or other motor vehicles other than those used by DISTRICT for use, development, patrol or maintenance of the Property. DISTRICT may allow use of motor vehicles by the public to reach the recreational facilities according to the conditions of this easement. e. Dumping or placing trash, waste or garbage except in receptacles maintained by DISTRICT. L Use of firearms, airguns or dangerous weapons by the public. 9. Hunting or exploitation of natural wildlife except when required for public health and safety. h. Commercial cutting of standing timber except for public safety or consistent with public low intensity recreation purposes. L Planting vegetation on the Property except for DISTRICT approved soil management, erosion control, reforestation and planting of native California vegetation and normal landscaping and screening of open space and low intensity recreation areas and public facilities consistent with the intent of the Easement. j. Excavation or other topographic changes except for specific scenic and open space uses consistent with this Easement. k. Use of the Property in such a way that it alters the natural landscape character of the Property except as specified under Permitted Uses in this Easement. 1. Any use other than low intensity recreation, scenic or open space uses as provided in this Easement. M. Development of the Property for any amusement or theme park development, golf course, or any use that would require more than one percent (1%) of the total land area to be paved or developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools or similar development) except for existing impervious surfaces. n. Use of fireworks and pyrotechnics. 4. CONDEMNATION If the Property is sought to be acquired by another public or quasi-public agency for another public use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall apply and be asserted by both COUNTY and DISTRICT. 5. BINDING ON SUCCESSORS This Easement with all its conditions shall bind and inure to all successors and assigns of DISTRICT and COUNTY. 6. AMENDMENT AND TERMINATION EXHIBIT Page of Scenic and Open Space Easement Page 4 This Easement may be amended or terminated only in a written, recorded documentation, executed by COUNTY and DISTRICT or their successors in interest. 7. NO WAIVER COUNTY's failure to enforce any provision of this Easement shall not be considered a waiver of its right to enforce it later, nor of its right to enforce any other provision. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Pete Siemens, President Board of Directors Attest: Jean Fiddes, District Clerk State of California ss. County of Santa Clara On March 8, 1995, before me, Susan Noelle Dale, a Notary Public in and for said State, personally appeared Pete Siemens, known to me to be the President of the Board of Directors of the Midpeninsula Regional Open Space District, and the person whose name is subscribed to this instrument and acknowledged to me that she executed the same on behalf of the District. Susan Noelle Dale, Notary Public EXHISI Page 2.10 / t', ► Scenic and Open Space Easement Page 5 Park: Sanborn Skyline SCENIC AND OPEN SPACE EASEMENT Project: Bartkowski-Voss/MROSD EXHIBIT I - LEGAL DESCRIPTION APN: 517-16-006 All that certain real property located in an unincorporated area of the County of Santa Clara, State of California, being more particularly described as follows: The Southeast one-quarter of the Southwest one-quarter of Section 13, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, according to the United States Government Survey thereof. I I i i EXHIBIT 4o Fags_ of