HomeMy Public PortalAbout20081210 - Resolution - Board of Directors (BOD) (4) Cover Sheet for Scanning by ECS
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Document Date: 12/10/2008
Document Type: Resolution
Preserve Name:
Keywords (no more than 4): Stanton Purchase
Project Name:
Project Number:
Vendor or Other Party:
Name (First):
Name (Last):
Address:
APN Number:
Document No. 08-43
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RESOLUTION NO.08- A"
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AND
APPROVING PURCHASE AGREEMENT AND GRANT OF RIGHT OF FIRST
OFFER AND RIGHT OF FIRST REFUSAL,AUTHORIZING GENERAL
MANAGER OR OTHER 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(SIERRA AZUL
OPEN SPACE PRESERVE—LANDS OF STANTON)
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 accept
the offer contained in that certain Purchase Agreement between David M. Stanton, a married man,as to an
undivided 50% interest and Midpeninsula Regional Open Space District, a copy of which is attached hereto
and by reference made a part hereof, and authorizes the President or appropriate officers to execute the
Agreement on behalf of the District.
Section Two. The General Manager or the President of the Board of Directors or other appropriate officer
is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District.
Section Three. The President of the Board of Directors or appropriate officer is authorized to execute the
Grant of Right of First Offer and Right of First Refusal and the General Manager, President of the Board of
Directors or other appropriate officer is authorized to execute the attendant Certificate of Acceptance on
behalf of the District.
Section Four. The General Manager of the District or the General Manager's designee shall cause to be
given appropriate notice of acceptance to the seller and to extend escrow if necessary. The General
Manager and General Counsel are further authorized to approve any technical revisions to the attached
Agreement and other transactional documents which do not involve any material change to any term of the
Agreement or other transactional documents, which are necessary or appropriate to the closing or
implementation of this transaction.
Section Five. The General Manager of the District is authorized to expend up to$5,000 to cover the cost of
title insurance escrow
fee and other miscellaneous cos
ts related to this transaction.
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Section Six. It is intended,reasonably expected, and hereby authorized that the District's general fund will
be reimbursed in the amount of$425,000 from the proceeds of the next long-term District note issue. This
Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space
District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the
Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's
budgetary and financial circumstances. There are no funds or sources of moneys of the District that have
been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to
pay the costs of this open space land acquisition project that are to be paid or reimbursed out of proceeds of
re declares the District's official
e Board of Directors hereby to be issued b the District. The o
indebtednessy y
intent to use proceeds of indebtedness to reimburse itself for this open spa
ce land acquisition project
p p p q p J
expenditure.
RESOLUTION NO.08-
43 �
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on December 10, 2008 at a Special Meeting thereof, by the following vote:
AYES: Mary Davey, Jed Cyr, Larry Hassett, Pete Siemens, Ken Nitz,
curt Riffle, Nonette Hanko
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
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Secretary President
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District er1k
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PURCHASE AGREEMENT
This Purchase Agreement(hereinafter called "Agreement") is made and entered into by
and between DAVID M. STANTON, a married man, as to an undivided 50% interest (hereinafter
called "Seller") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public
District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public
Resources Code, (hereinafter called "District").
RECITALS
WHEREAS, Seller is the owner of 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, District desires to purchase said property for open space preservation and
as part of the ecological, recreational, and aesthetic resources of the midp eninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and
District wishes to purchase said property upon the terms and conditions set forth herein.
AGREEMENT
II�
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
and covenants herein contained,the parties hereto agree as follows:
1. Purchase and Sale.
A. Property Interests. Seller agrees to sell to District and District agrees to purchase
from Seller, Seller's undivided 50% interest in that real property located within an unincorporated
area of the County of Santa Clara, State of California, containing approximately Ninety three and
sixty-nine hundredths (93.69) acres, more or less, which is the southerly portion of Santa Clara
County Assessor's Parcel Number 575-07-001. Said property is further described as Parcel Two
in the Legal Description attached to Preliminary Report Number 56007-50170120 from North
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American Title Company. A copy of said Preliminary Report is attached hereto as Exhibit "A",
and incorporated herein by this reference. Said property is to be conveyed together with any
easements, rights of way, or rights of use which may be appurtenant or attributable to the
aforesaid lands, and any and all improvements attached or affixed thereto. All of said real
property and appurtenances shall hereinafter be called the "Subject Property" or the "Property".
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B. Right of First Offer and Right of First Refusal. Seller and District acknowledge
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that, as partial consideration for this Agreement, concurrently with the Closing, Seiler shall grant
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to District a Grant of Right of First Offer and Right of First Refusal ("Right of First Offer")to
purchase Seller's retained property, Parcel One as described in the legal description attached to
Exhibit A. The Right of First offer shall be in the form attached hereto as Exhibit B, and
incorporated herein by this reference.
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be
Four Hundred Twenty Five Thousand and No/100 Dollars ($425,000.00), which shall be paid in
cash at the "Closing" as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10
herein, an escrow shall be opened at North American Title Company, 497 N. Santa Cruz Avenue,
Los Gatos, CA 95030 (408) 399-4100 (Escrow number 56007-5017020) 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
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terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or before
December 31 2008 provided however, that the parties may, by written agreement, extend the
time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow
Holder causes the Grant Deed and Quitclaim Deed (as defined below) to be recorded in the
Office of the County Recorder of Santa Clara County.
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B. Seiler and District shall, during the escrow period, execute any and all documents
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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:
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(i) An executed and recordable Grant Deed, conveying to the District Parcel Two
and the appurtenant easement Parcel Three as described in said Exhibit "A";
(ii) An executed and recordable Quitclaim Deed from the Rachel A. Stanton,
! conveying to David M. Stanton all right, title, and interest in the Property as described in said
Exhibit "A".
(iii) A Right of First Offer and Right of First Refusal, covering Parcel One as
described in Exhibit "A" in the form attached hereto as Exhibit"B".
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D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificates of Acceptance for the Grant Deed and the Right of
First Offer, duly executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Four Hundred
and Twenty Thousand and No/100 Dollars ($420,000.00) which is the balance of the Purchase
Price of Four Hundred Twenty Five Thousand and No/I 00 Dollars as specified in Section 2. The
balance of$5,000.00 is paid into escrow in accordance with Section 10 of this Agreement.
E. Seller and District shall share (50150)the escrow fees, the CLTA Standard Policy
of Title Insurance, if required by District, and all recording costs and fees. All other costs or
expenses not otherwise provided for in this Agreement shall be apportioned or allocated between
District and Seller in the manner customary in Santa Clara County. All current property taxes on
the Property shall be pro-rated through escrow between District and Seller as of the Closing
based upon the latest available tax information using the customary escrow procedures.
F. Seller shall cause North American Title Company, or other title company
acceptable to District and Seller,to be prepared and committed to deliver to District, a CLTA
Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of
$425,000.00 for the Property showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) title exceptions 3, 7 and 8 as shown in
Preliminary Report Number 56007-50170120 dated August 5, 2008 (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 and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Quitclaim Deed, Grant Deed and Right of First Offer and attendant
Certificates of Acceptance to be recorded in the Office of the County Recorder of Santa Clara
County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of
the policy of title insurance required herein, and to Seller Escrow Holder's check for the full
purchase price of the Subject Property (less Seller's portion of the expenses described in Section
3.E.), and to District or Seller, as the case may be, all other documents or instruments which are
to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder
shall return all monies, documents or other things of value deposited in the escrow to the party
depositing the same.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from
any further obligations hereunder, except as otherwise provided herein. Upon any such
termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for
payment of its title and escrow cancellation charges (subject to rights of subrogation against any
party whose fault may have caused such termination of escrow), and each party expressly
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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. Seller's Representations and Warranties. For the purpose of consummating the sale
and purchase of the Property in accordance herewith, Seller makes the following representations
and warranties to District, which shall survive close of escrow, each of which is material and is
being relied upon by District.
A. Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller and his spouse to District now or at the Closing have been or will be duly
authorized and executed and delivered by Seller, are legal, valid and binding obligations of Seller
sufficient to convey to District all of the interest of Seller and Seller's spouse in the Subject
Property described therein, 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.
C. Leases or Occupancy of Premises. There exist no oral or written leases, licenses,
or rental agreements affecting all or any portion of the Subject Property. Seller further warrants
and agrees to hold District free and harmless and to reimburse District for any and all costs,
liability, loss, damage or expense, including costs for legal services, occasioned by reason of any
such lease, license, or rental agreement of the Property being acquired by District, including, but
not limited to, claims for relocation benefits and/or payments pursuant to California Government
Code Section 7260 et seq. Seller understands and agrees that the provisions of this Section shall
survive the close of escrow and recordation of any Grant or Quitclaim Deed(s).
D. Good Title. Seller has and at the Closing date shall have good, marketable and
indefeasible fee simple title to an undivided 50% interest in 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.
6. 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 earthinoving activities, cutting or
removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements
or structures on the Property.
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7. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any substance,
material or other thing regulated by or pursuant to any federal, state or local environmental law
by reason of its potential for harm to human health or the environment because of its
flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste"
also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum,
petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901
et seq.)
B. Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property, Seller makes the following representations and warranties to District,
which shall survive close of escrow, each of which is material and is being relied upon by
District:
(i) To Seller's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous
Waste has been or is being used, manufactured, handled, generated, stored,treated, discharged,
present,buried or disposed of on, under or about the Property, or transported to or from the
Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing;
(ii) Seller has not received any notice and Seller has no actual knowledge that
any private person or governmental authority or administrative agency or any employee or agent
thereof has determined, alleged or commenced or threatened to commence any litigation, or other
proceedings, to determine that there is a presence, release, threat of release, placement on, under
or about the Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the transportation to or from the
Property, of any Hazardous Waste, nor has Seller received any communication from any such
person or governmental agency or authority concerning any such matters.
C. Indemnitv. Seller shall indemnify, defend and hold harmless District from and
against and all claims, liabilities, losses, damages, and costs incurred or suffered by District,
including without limitation, attorney, engineering and other professional or expert fees, to the
extent arising from any breach of the warranties or representations contained herein.
8. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the fair
market value of the Property described in Exhibit "A", as provided for by the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the
Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42
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U.S.C. '4601 et seq.), and the California Relocation Assistance Act, Government Code Section
7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may
have to any relocation assistance, benefits,procedures, or policies as provided in
said laws
or
regulations adopted there under and to
any other compensation,
except as
provi
ded in this
Agreement. Seller has been advised as to the extent and availabilityof such benefits procedures,
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notice periods, and assistance, and freely and knowingly waives such claims, rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property, as
provided for by said Federal Law and any similar California Law.
9. Miscellaneous Provisions.
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A. Access for Investigations. From the date Seller delivers an executed copy of this
Purchase Agreement to District and until the Closing, District and District's agents, lender,
contractors, engineers, consultants, employees, subcontractors and other representatives (the
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter
upon the Property for the purpose of inspecting, testing and evaluating the same; provided,
however, that District may not perform any work on the Property without Seller's prior written
consent, which shall not be unreasonably withheld or delayed and further provided that District
shall give Seller at least 24 hours' prior notice of each proposed entry by District. District shall
indemnify, protect, defend and hold Seller free and harmless from and against any and all claims,
actions causes of action suits proceedings, costs expenses (including, without limitation
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reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of
District Parties while upon the Property prior to the Closing; provided, however, the foregoing
indemnity shall not cover or include any claims, damages or liens resulting from District's
discovery of any Hazardous Waste or other pre-existing adverse conditions pursuant to its
inspections, testing or evaluation. District's inspections shall be at District's sole expense.
District shall repair any damage to the Property that may be caused by the District Parties while
on the Property performing its inspections.
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B. Choice of Law. The internal laws of the State of California, regardless of any
choice of law principles, shall govern the validity of this Agreement, the construction of its terms
and the interpretation of the rights and duties of the parties.
C. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for
the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other party;
or(iv)waive the fulfillment of any condition that is precedent to the performance by such party
of any of its obligations under this Agreement. The General Manager is authorized to agree to an
extension of the time for the performance of any obligations on the part of District or Seller
pursuant to this Agreement, and to take any actions and execute any documents necessary or
appropriate to closing escrow and completing this conveyance, including execution of any
documents which may allow Seller to accomplish a tax deferred exchange of property as
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permitted by law; provided, however that the District shall not take title to any third party
property other than the Subject Property. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing.
D. Rights Cumulative. Each and all of the various rights, powers and remedies of the
parties shall be considered to be cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event of the breach of any of the
terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall
neither constitute the exclusive election thereof nor the waiver of any other right, power or
remedy available to such party.
E. Notices. Whenever any party hereto desires or is required to give any notice,
demand, or request with respect to this Agreement or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or
other private messenger, courier or other delivery service or sent by facsimile transmission by
telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as
follows:
Seller: David M. Stanton
20460 Reynolds Road
Los Gatos, CA 95032
Telephone: (408) 268-0998
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
Telephone: (650) 691-1200, FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee.
Service of any such communication made only by mail shall be deemed complete on the date of
actual delivery as indicated by the addressee's registry or certification receipt or at the expiration
of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party
hereto may from time to time, by notice in writing served upon the other party as aforesaid,
designate a different mailing address or a different person to which such notices or demands are
thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either
party from giving oral notice to the other when prompt notification is appropriate, but any oral
notice given shall not satisfy the requirement of written notice as provided in this Section.
G. 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
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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.
H. Countelparts. 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.
I. 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.
J. Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agreement; it embodies the entire agreement and understanding between the
parties hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
K. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
L. Survival of Covenants. All covenants of District or Seller which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all representations
and warranties by either party to the other, shall survive the Closing and be binding upon and
inure to the benefit of the respective parties hereto and their respective heirs, successors and
permitted assigns.
M. 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.
N. 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.
O. 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.
P. 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,
Page 9
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.
Q. 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.
R. 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.
S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or
the performance or breach thereof, the parties agree first to participate in non-binding mediation
in order to resolve their dispute. If the parties are unable to resolve their dispute through
mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation,
any remaining unresolved controversy or claim shall be settled by binding arbitration. The
parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior
Court of California. The arbitration shall be conducted in accordance with the rules set forth in
California Code of Civil Procedure Sections 1280 et. seq. including the right of discovery.
Hearings shall be held in Santa Clara County, California. If the parties are unable to agree upon
an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services,
Inc. ("JAMS") in accordance with the rules thereof or, if JAMS ceases to exist, its successor, or
if none, a similar arbitration service. If arbitration is required to resolve a dispute, it shall in all
cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
17')
SELLER INITIAL DISTRICT INITIAL UJ
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10. Acceptance. Provided that this Agreement is executed by Seller and delivered to
District on or before October 28, 2008, District shall have until midnight December 10, 2008 to
accept and execute this Agreement, and during said period this instrument shall constitute an
option and irrevocable offer by Seller to sell and convey the Property to District for the
consideration and under the terms and conditions herein set forth. Said option shall remain
irrevocable during this period without the necessity of execution and acceptance of this Purchase
Agreement by District. As consideration for said irrevocable option, District has paid into
escrow and Seller acknowledges deposit into escrow of the sum of Five Thousand Dollars and
No/100 ($5,000.00) ("Option Consideration"), which shall be applied upon the close of escrow to
the Purchase Price as set forth in Section 2 hereof. If escrow fails to close due to any act or
material breach of this Agreement by District, Seller may retain the Option Consideration.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officers to be effective as of the date of final execution by District in accordance
with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN DAVID M. STANTON, a married
SPACE DISTRICT man
A R E ACCEPTED:
esident, oard of Directors David M. Stanto
Date Date
ATTEST:
District Clerk
Date: �D D
ACCEPTED FOR RECOMMENDATION
Michael C. Williams, Real Property Manage-
APPROVED AS TO FORM:
Susan M. Schectman,General Counsel
RECOMMENDED FOR APPROVAL:
Steph n E. Abbors, General Manager
Update No. 1
CNORTH 497 N. Santa Cruz Avenue
AMERICAN Los Gatos, CA 95030
EXHIBIT A (408)399-4100
�-"TITLE (408)354-3212
UNCOMPANY
Like Clockwork
Mike Williams
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
DIRECT ALL INQUIRIES TO:
Escrow Officer: Susan Trovato
Phone: (408)399-4100
Fax No.: (408)354-3212
E-Mail: strovato@nat.com
E-Mail Loan Documents to: nocal.losgatos@natdocs.com
Property: 20460 Reynolds Road
Los Gatos, CA
Owner: David M. Stanton and Linda J. Jeffery
PRELIMINARY REPORT
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Insurance Company
Hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the
land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions
and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A
attached.The Policy to be issued may contain an Arbitration Clause. When the amount if insurance is less than that set forth in the
Arbitration Clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of
the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a
deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms
should be read.They are available from the office which issued this report.
Please read the exceptions shown.or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is Important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens,defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
Dated as of August 05, 2008 at 7:30 A.M. Nancy Sloan, Title Officer
Page I
Order No.: 56007-50170120
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The form of Policy of title insurance contemplated by this report is:
199O-CL]7\ Owner's Standard Coverage
1992'AL]7\ Loan Coverage
A specific request should bemade if another form or additional coverage isdesired.
Title to said estate or interest at the date hereof isvested in:
David M. Stanton, a married man as his sole and separate property, as to Parcel One; and David
M. Stanton, a married man, subject to the community interest ofhis spouse, as to an undivided
5096 interest and Linda]. Jeffery, a married woman, as her sole and separate property, ashoan
undivided 5O96 interest, as tenants in common, asto Parcel Two
The estate or interest in the land hereinafter described or referred tocovered by this Report is:
A fee astoPance|(y) One and Two, an easement asboParceKs)Three and Four.
� The Land referred to herein is described asfollows:
�
(See attached Legal Description)
� At the date hereof except|onoto coverage inaddi�onto the pMntedExceodonsand Exclusions insaid
� �
� policy form would beasfollows:
�
tspecial
G�n�r�| and taxes and assessments for the fiscal year 3008-2009, a lien not yet due or
�
payable.
�
� Z. The lien ofsupplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
� Section 75of the California Revenue and Taxation Code.
�
�
� 3. �� R�W� a� ��en� � ��� a� �� n���m�t� �� �m�
� .
� land king beneath the waters ofRincon Creek.
�
4. An easement for ingress and egress and incidental purposes recorded March 2, 1940 as Book
� 977, Page 55of Official Records.
In Favor of: Francis H.Tucker and Nellie A.Tucker
� Affects: The Westerly 15Q feet ofthe Northerly 15O feet of Parcel One
S. An easement for utilities and incidental purposes, recorded May 14, 1948 as Book 1615, Page
2J4of Official Records.
� ln Favor of: Pacific Gas and Electric Company and The Pacific Telephone and
Telegraph Company, a California corporation
The location of the easement cannot be determined from record information.
Affects Parcels One and Two.
�
�
�
Page
Order No.: 56007-50170120 �
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^ 6. ' An easement for road� ^nd incidental purposes, recorded 1967 ms Instrument No. '
� 3269728, Book 782Z, Page 432of Official Records.
� In Favor of: Guadalupe Land Co., ocorporation
�
|
The location of the easement cannot be determined from record information.
|
� Affects Parcels One and Two.
7 Terms, provisions, covenants restrictions and conditions contained in a document executed
| ' ' ' /
' pursuant to the California Land Conservation Act of 1965 (Williamson Act) and recorded February �
| 17, 1977 as BoohC6D5, Page 469 of Official Records. �
| �
'
Affects Parcels One and Two.
| 8. An easement for ingress and egress, public utilities and slope grading and incidental purposes
| recorded February 21, 2008 as Instrument No. 19751275 of Official Records.
| In Favor of: David M. Stanton and U Jeffery, Suo�ssorCo-Trustees of
/ LheGtantonL|vingTrust Dated Octon-r3G' 1993
| ~
/ Affects: Portion nf Parcel One
|
| 9. Any right, title or interest of the spouse (if any) of any married vestee herein.
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Page]
•
LEGAL DESCRIPTION
Real property in the City of Los Gatos, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
ALL THAT PORTION OF SAID LAND AS DESIGNATED AND DELINEATED IN THE CERTIFICATE OF
COMPLIANCE FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA ON JULY 17, 2002, UNDER RECORDER'S SERIES NO. 16367627, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 121 ACRE TRACT OF LAND
DESCRIBED IN THE DEED FROM HERBERT E. JAMES, ET UX,TO FRANCIS H.TUCKER, ET UX,
DATED MARCH 1, 1940 AND RECORDED MARCH 2, 1940 IN BOOK 977 OF OFFICIAL RECORDS,
AT PAGE 55, SANTA CLARA COUNTY RECORDS, SAID POINT OF BEGINNING ALSO BEING ON
THE NORTHERLY LINE OF THAT CERTAIN 209 ACRE TRACT OF LAND DESCRIBED IN THE DEED
FROM CITY OF SAN JOSE TO D.H. HAHN, DATED AND RECORDED AUGUST 23, 1867, IN BOOK
SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF
W OF DEEDS AT PAGE 404,
Y
THE 209 ACR
E TRACT AS SAID NORTHERLY
BEGINNING ALONG SAID NORTHERLY LINE OF ,
LINE IS SHOWN ON THAT RECORD OF SURVEY OF THE LANDS OF DALE MARTIN STANTON ET
AL, RECORDED IN BOOK 530 OF MAPS, AT PAGE 43, SANTA CLARA COUNTY RECORDS, NORTH
890 35' 00" EAST 1680.62 FEET; THENCE LEAVING THE SAID NORTHERLY LINE OF THE 209
ACRE TRACT ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY SOUTH 00 24' 00"
WEST 2845.44 FEET; THENCE NORTH 891 36'02" WEST 2001.33 FEET TO THE WESTERLY LINE
OF SAID LANDS OF STANTON AS SHOWN ON SAID RECORD OF SURVEY;THENCE ALONG SAID
WESTERLY LINE OF SAID RECORD OF SURVEY NORTH 00 13' 59" EAST 1213.89 FEET; THENCE
NORTH 200 03' 21" EAST 1255.98 FEET; THENCE NORTH 120 35' 50" WEST 436.00 FEET TO
THE POINT OF BEGINNING.
PARCEL TWO:
ALL THAT PORTION OF SAID LAND, AS DESIGNATED AND DELINEATED IN THE CERTIFICATE
OF COMPLIANCE FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA ON JULY 17, 2002 UNDER RECORDER'S SERIES NO. 16367628 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 121 ACRE TRACT OF LAND
DESCRIBED IN THE DEED FROM HERBERT B. JAMES ET UX, TO FRANCS H. TUCKER ET UX,
DATED MARCH 1, 1940 AND RECORDED MARCH 2, 1940 IN BOOK 977 OF OFFICIAL RECORDS
AT PAGE 55, SANTA CLARA COUNTY RECORDS; SAID POINT OF BEGINNING ALSO BEING ON
THE NORTHERLY LINE OF THAT CERTAIN 209 ACRE TRACT OF LAND DESCRIBED IN THE DEED
FROM CITY OF SAN JOSE TO D. H. HAHN DATED AND RECORDED AUGUST 23, 1867 IN BOOK W
OF DEEDS AT PAGE 404, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF
BEGINNING ALONG SAID NORTHERLY LINE OF THE 209 ACRE TRACT, AS SAID NORTHERLY
LINE IS SHOWN ON THAT RECORD OF SURVEY OF THE LANDS OF DALE MARTIN STANTON El
AL, RECORDED IN BOOK 530 OF MAPS AT PAGE 43, SANTA CLARA COUNTY RECORDS, NORTH
890 35' 00" EAST, 1680.62 FEET; THENCE LEAVING THE SAID NORTHERLY LINE OF THE 209
ACRE TRACT ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY, SOUTH 0° 24' 00"
WEST, 2845.44 FEET TO A 3/4" IRON PIPE WITH A TAG NUMBER L.S. 4234, AS SHOWN ON
SAID RECORD OF SURVEY AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED REAL PROPERTY; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING
SOUTH ALONG SAID EASTERLY LINE OF SAID RECORD OF SURVEY, SOUTH 00 24' 00" WEST,
1590.75 FEET; THENCE SOUTH 390 12' 21" WEST, 1097.56 FEET TO A POINT ON THE
SOUTHWEST LINE OF SAID RECORD OF SURVEY; THENCE NORTH 580 43' 14" WEST ALONG
SAID SOUTHWEST LINE, 1524.79 FEET TO THE SOUTHWEST CORNER OF SAID RECORD OF
SURVEY; THENCE ALONG THE WEST LINE OF SAID RECORD OF SURVEY, NORTH 01 13' 59"
Page 4
Order No.: 56007-50170120
r
T EAST, 1663.46 FEET; *CE LEAVING SAID WEST LINE, NORTH '36' 02"WEST, 2001.33
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL THREE:
I
A NON EXCLUSIVE EASEMENT APPURTENANT TO PARCEL TWO ABOVE DESCRIBED AS
FOLLOWS:
A 100 FOOT WIDE EASEMENT OVER THAT PORTION OF LAND AS DESIGNATED AND
i DELINEATED IN THAT CERTAIN JUDGMENT, CASE NO. 1-01-PR-149585, SUPERIOR COURT,
j STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, FILED WITH THE COURT ON NOVEMBER
16, 2005 AND RECORDED JUNE 20, 2007 AS DOCUMENT NO. 19477801, SANTA CLARA COUNTY
RECORDS BEING A PORTION OF THE LANDS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON
JULY 17, 2002 UNDER RECORDER'S SERIES NO. 16367627 AND BEING A 100 FOOT STRIP OF
LAND WHICH CENTER LINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
j BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LANDS; THENCE ALONG THE
NORTHERLY LINE OF THE LANDS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED FOR
RECORD ON JUNE 26, 1984 IN BOOK 530 OF MAPS AT PAGE 43 IN THE OFFICE OF THE
RECORDER OF SANTA CLARA COUNTY, NORTH 890 35' 00" WEST, A DISTANCE OF 25.62 FEET
TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT, FROM WHICH POINT A RADIAL LINE BEARS NORTH 551 15 55" EAST; THENCE LEAVING
SAID LINE AND ALONG SAID CURVE HAVING A RADIUS OF 150.00 FEET THROUGH A CENTRAL
ANGLE OF 320 40' 39", AN ARC LENGTH OF 85.55 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 200.00 FEET
THROUGH A CENTRAL ANGLE OF 370 44' 14", AN ARC LENGTHY OF 131.73 FEET; THENCE
SOUTH 290 40' 30" EAST, A DISTANCE OF 86.96 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 200.00 FEET
THROUGHA CENTRAL ANGLE OF 190 58' 47", AN ARC LENGTH OF 69.74 FEET; THENCE SOUTH
09 41 43" EAST, A DISTANCE OF 217.04 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE LEFT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 200.00 FEET THROUGH A
CENTRAL ANGLE OF 290 54' 45", AN ARC LENGTH OF 104.41 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 200.00
FEET THROUGH A CENTRAL ANGLE OF 330 04' 02", AN ARC LENGTH OF 115.43 FEET; THENCE
SOUTH 060 32' 26" EAST, A DISTANCE OF 119.50 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 130.00 FEET �
THROUGH A CENTRAL ANGLE OF 420 26' 57", AN ARC LENGTH OF 96.31 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE HAVING A
RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 330 57' 26", AN ARC LENGTH OF
59.27 FEET; THENCE SOUTH 011 57' 05" WEST, A DISTANCE OF 19.16 FEET"TO THE
AL NG SAID CURVE HAVING A
THE LEFT; THENCE O
BEGINNING OF TANGENT CURVE TO ,
RADIUS OF
200.00 FEET THROUGH A CENTRAL ANGLE OF 170 17' 05", AN ARC LENGTH OF
60.34 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID
CURVE HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 970 04' 21"; AN ARC
LENGTH OF 84.71 FEET; THENCE NORTH 670 35' 39" EAST, A DISTANCE OF 68.87 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A
H A CENTRAL ANGL
E OF 460 35' 33" AN ARC LENGTH OF
RADIUS OF 100.00 FEET,THROUGH ,
81.32 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID
CURVE HAVING A RADIUS OF 510.00 FEET THROUGH A CENTRAL ANGLE OF 280 28' 40", AN
ARC LENGTH OF 253.49 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT;
THENCE ALONG SAID CURVE HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE
OF 300 55' 53", AN ARC LENGTH OF 53.99 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE LEFT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 60.00 FEET THROUGH A
CENTRAL ANGLE OF 490 28' 19", AN ARC LENGTH OF 51.81 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 120.00
FEET THROUGH A CENTRAL ANGLE OF 620 46' 23", AN ARC LENGTH OF 131.47 FEET; THENCE
SOUTH 500 03' 31" EAST, A DISTANCE OF 108.86 FEET TO THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 328.00 FEET
Page 5
Order No.: 56007-50170120
THROUGH A CENTRAL ;LE OF 140 08' 59", AN ARC LENGTH OF 6—:00 FEET TO THE
BEGINNING OF TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE HAVING A
RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 340 20' 28", AN ARC LENGTH OF
59.94 FEET; THENCE SOUTH 700 15' 00" EAST, A DISTANCE OF 205.25 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A
RADIUS OF 380.00 FEET THROUGH A CENTRAL ANGLE OF 370 09' 31", AN ARC LENGTH OF
246.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 330 29' 2911, AN
ARC LENGTH OF 58.45 FEET; THENCE SOUTH 00" 24' 00" WEST, A DISTANCE OF 166.71 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE
HAVING A RADIUS OF 500.00 FEET THROUGH A CENTRAL ANGLE OF 270 41' 27", AN ARC
LENGTH OF 241.65 FEET; THENCE SOUTH 280 05' 27" WEST, A DISTANCE OF 150.89 FEET TO
THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE HAVING A
RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 810 15' 23", AN ARC LENGTH OF
141.82 FEET"TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE HAVING A RADIUS OF 280.00 FEET THROUGH A CENTRAL ANGLE OF 670 32' 51", AN
ARC LENGTH OF 330.10 FEET; THENCE SOUTH 140 22' 55" WEST, A DISTANCE OF 119.63 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE HAVING
A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 340 27' 31", AN ARC LENGTH OF
60.14 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE HAVING A RADIUS OF 100.00 FEET THROUGH A CENTRAL ANGLE OF 440 40' 34", AN
ARC LENGTH OF 77.97 FEET; THENCE SOUTH 241 35' 58" WEST, A DISTANCE OF 32.09 FEET
TO THE SOUTHERLY LINE OF THE LANDS DESCRIBED IN CERTIFICATE OF COMPLIANCE NO.
8395-39-46-02CC, RECORDED ON JULY 17, 2002 AS DOCUMENT NUMBER 16367627, SANTA
CLARA COUNTY RECORDS AND THE TERMINATION OF THIS DESCRIPTION AND AS SHOWN IN
THE PLOT MAP ATTACHED HERETO.
EXCEPTING THEREFROM ALL THAT PORTION LYING OUTSIDE OF SAID LANDS DESCRIBED IN
DOCUMENT NO. 16367627. SAID 100 FOOT WIDE EASEMENT INCLUDES AN EASEMENT TO
CONSTRUCT A ROAD FOR INGRESS AND EGRESS OF VEHICULAR AND OTHER TRAFFIC, WHICH
ROAD SHALL BE UP TO 24 FOOT WIDE PLUS A 3 FOOT SHOULDER. SAID 100 FEET WIDE
EASEMENT SHALL INCLUDE INGRESS AND EGRESS, PUBLIC UTILITIES, ELECTRICITY,
TELEPHONE, SEWER, WATER, GAS, CABLE, MAINTENANCE AND CONSTRUCTION INCLUDING
SLOPES FOR GRADING. THE EASEMENT IS MORE FULLY DESCRIBED IN THE JUDGMENT AFTER
TRIAL BY COURT IN CASE NO. 1-01-PR-149585, SUPERIOR COURT, STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA. THE COURT UNDER THAT JUDGMENT RETAINS JURISDICTION
OVER ALL ISSUES RELATING TO THE EASEMENT SO AS TO CLARIFY AND ADDRESS ANY
LEGITIMATE CONCERN RAISED BY THE OWNER OF THE EASEMENT OR BY THE OWNER OF THE
SERVIENT PROPERTY. THE OWNER OF THE EASEMENT SHALL HAVE ACCESS ON ADJACENT
PORTIONS OF THE SERVIENT PROPERTY AS NEEDED FOR MAINTENANCE AND CONSTRUCTION
RELATED TO THE EASEMENT.
PARCEL FOUR:
ANY RIGHTS, OVER THE PRESENT EXISTING PRIVATE EXTENSION OF THE DEDICATED
PORTION OF REYNOLDS ROAD WHICH EXTENSION FORKS AND LEADS TO LAND DESCRIBED IN
THE DEED TO DALE MARTIN STANTON RECORDED. MARCH 26, 1964 IN BOOK 6440, PAGE 2,
AS SET FORTH IN THE JUDGMENT CASE NO. 225233, SUPERIOR COURT, COUNTY OF SANTA
CLARA, FILED MARCH 24, 1971 AND RECORDED JUNE 10, 1971 IN BOOK 9367, PAGE 643,
OFFICIAL RECORDS AND ANY RIGHTS THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS MAY
HEREAFTER ACQUIRE OVER; SAID PRIVATE EXTENSION OF THE DEDICATED PORTION OF
REYNOLDS ROAD, WHICH EXTENSION FORKS AND LEADS TO LAND DESCRIBED IN SAID DEED
TO DALE MARTIN STANTON RECORDED MARCH 26, 1964 IN BOOK 6440, PAGE 2.
SAID ABOVE PARCEL FOUR IS APPURTENANT TO PARCELS ONE AND TWO.
APN: 575-07-001 (PORTION)
Page 6
Order No.: 56007-50170120
INFORMATIONAL NOTES
According to the public records, there has been no conveyance of the land within a period
of twenty four months prior to the date of this report, except as follows:
A document recorded February 21, 2008 as Instrument No. 19751275 of Official Records.
From: David M. Stanton and Linda J. Jeffery, Successor Co-Trustees of The
Stanton Living Trust dated October 26, 1993 and David M. Stanton,
Trustee and Linda J. Jeffery,Trustee of The Stanton Living Trust dated
October 26, 1993
To: David M. Stanton, a married man, subject to the community interest of
his spouse, as to an undivided 50% interest and Linda J. Jeffery, a
married woman, as her sole and separate property, as to an undivided
50% interest, as tenants in common
A document recorded February 21, 2008 as Instrument No. 19751276 of Official Records.
From: Rachel A. Stanton, spouse of grantee
To: David M. Stanton, a married man as his sole and separate property
A document recorded February 21, 2008 as Instrument No. 19751277 of Official Records.
From: Charles Jeffery, spouse of grantee
To: Linda J. Jeffery, a married woman as her sole and separate property
A document recorded February 22, 2008 as Instrument No. 19751758 of Official Records.
From: David M. Stanton and Linda J. Jeffery, Successor Co-Trustees of the
Stanton Living Trust dated 10-26-93 and David M. Stanton, Trustee and
Linda J. Jeffery, Trustee of The Stanton Living Trust Dated 10-26-93
To: David M. Stanton, a married man, as his sole and separate property
2. Basic rate applies.
3. General and special taxes for the fiscal year 2007-2008,
First installment: $439.65, PAID
Second installment: $439.65, PAID
Code area: 80-002
A. P. No.: 575-07-001
Exemption: $7,000.00
Land: $22,212.00
Improvement: $12,791.00
4. The map attached, if any, may or may not be a survey of the land depicted hereon. North
American expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the
terms and provisions of the title insurance policy, if any, to which this map is attached.
5. North American Title Company, Inc.'s charges for recording the transaction documents include
charges for services performed by North American Title Company, Inc., in addition to an estimate
of payments to be made to governmental agencies.
Page 7
Order No.: 56007-50170120
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Page
EXHIBIT B
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open
Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Michael C. Williams
NO TRANSFER TAX DUE DULY RECORDED WITHOUT FEE
PUBLIC AGENCY ACQUIRING TITLE, Pursuant to Government Code
CALIFORNIA REVENUE AND TAXATION Sections 6103,27383
CODE SECTION 11922 By:
GRANT OF RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL
This Right of First Offer and Right of First Refusal Agreement (hereafter"Agreement") is entered
into this date of between David M. Stanton (hereafter"Grantor") and
Midpeninsula Regional Open Space District, a California special district (hereafter"District").
RECITALS
A. Grantor is the fee owner of certain real property (hereinafter called "Parcel One") and
commonly referred to as the northerly portion of Santa Clara County Assessor's Parcel Number
575-07-001 situated in an unincorporated area of the County of Santa Clara, State of California,
and more particularly described in Exhibit"I", as attached hereto and incorporated herein by this
reference.
B. District is the owner of certain real property (hereinafter called "Parcel Two and
Parcel Three"). District owns an undivided 50%interest in Parcel Two, commonly referred to as
the southerly portion of Santa Clara County Assessor's Parcel Number 575-07-001. District is the
fee simple owner of Parcel Three, commonly referred to as Santa Clara County Assessor's Parcel
Number 575-07-008. Parcel Two and Parcel Three are adjacent to Parcel One to the south and
west, and more particularly described in Exhibit"II" attached hereto and incorporated herein by
this reference.
C. It is the desire of Grantor to grant District a right of first offer and a right of first
refusal as more particularly described herein.
NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which is
hereby acknowledged, Grantor hereby agrees as follows:
Page 2
I. GRANT OF RIGHT OF FIRST OFFER
A. Grantor shall not sell or agree to sell Parcel One without first offering Parcel One
for sale to District. The word "sell" shall include any transfer, conveyance, assignment, of all or
any portion of Parcel One, except for a transfer by bequest, trust, or inheritance; or transfer to an
immediate family member of Seller or to an entity wholly controlled by Seller or by an immediate
family member of Seller (hereafter"interfamily transfer"). For the purpose of this Agreement, the
Stanton family shall include only the following family members: Rachel A. Stanton, Mark Dale
Stanton, Darren Martin Stanton, Kimberly Ann Medina and Eric David Stanton. After a transfer
of Parcel One by bequest, trust, inheritance, or interfamily transfer, this Agreement shall remain in
effect against the person or entity holding title or other interest in Parcel One as a result of said
transfer.
B. Grantor hereby grants to District a Right of First Offer to purchase Parcel One.
Prior to placing Parcel One on the market for sale, and before there can be consummation of any
sale or transfer of all or any portion of Parcel One, except as provided above, Grantor shall first
offer said property or part thereof to District in the following manner:
1. First Notice. Grantor shall give District written notice, hereafter referred to
as the"First Notice," of his/her desire to sell. Such First Notice shall state the price and terms and
conditions under which Grantor is willing to sell.
2. District's Election to Purchase. Within sixty (60) days after District
receives the First Notice, District shall have the prior right to elect to purchase said property at a
price equal to an agreed upon price; provided, however, that the purchase must be consummated
by the District as soon as possible, but in no event later than six (6) months after its election to
exercise its right of first offer (unless any further delays are caused by default or breach on the part
of Grantor). Such right may be exercised by delivery in writing, by mail, or other appropriate
means, to Grantor a notice of District's exercise of its right to purchase within such sixty(60) day
period. In the event that District so elects to purchase the property, the District shall be required to
pay cash at the closing thereof, unless Grantor and District have agreed upon other terms of
financing the purchase.
3. District's Election Not to Purchase. If District notifies Grantor that it does
not wish to exercise its right to purchase said property, or fails to notify Grantor of District's
election to exercise its right to purchase, within the sixty(60) day period stated above, Grantor
shall be free to offer Parcel One for sale to other parties subject to District's Right of First Refusal
as set out in Section II herein.
li. GRANT OF RIGHT OF FIRST REFUSAL
A. Grantor shall not sell or agree to sell Parcel One without first offering Parcel One
for sale to District. The word "sell" shall include any transfer, conveyance, or assignment of all or
any portion of Parcel One, except for a transfer by bequest, trust or inheritance; nor shall it include
a transfer to an immediate family member of Seller or to an entity wholly controlled by Seller or
by an immediate family member of Seller (hereafter"interfamily transfer"). After a transfer of
Page 3
Parcel One by bequest, trust, inheritance, or interfamily transfer this Agreement shall remain in
effect against the person or entity holding title or other interest in Parcel One as a result of said
transfer.
B. Grantor hereby grants to District a Right of First Refusal to purchase Parcel One.
Before there can be consummation of any sale or transfer of all or any portion of Parcel One to a
third party, except as provided above in Section II.A., Grantor shall first offer said property or part
thereof to District in the following manner:
I Second Notice. Upon receipt by Grantor of a bona fide offer by a third
party to purchase Parcel One or any portion of Parcel One (which bona fides shall be subject to
verification by District), Grantor shall deliver to District at the address set out in Section III.G. by
mail or other appropriate means, a"Second Notice" in writing, accompanied by a copy of such
offer, which shall set forth the price, terms and conditions of such offer, and a statement of
Grantor's intention to accept such offer. If the Second Notice states that all cash will be received
by Grantor, then the District shall have the prior right to purchase the property for all cash in an
equal amount to such offer. If the Second Notice states that consideration other than cash and/or
seller financing is to be received, the District shall have the right to purchase said Parcel One for
an aggregate purchase price equal to the fair market value of the property. In such case, the notice
shall be conclusively binding upon Grantor. District may dispute such fair market value, in which
case the parties shall there after attempt in good faith to reach agreement.
If no agreement is reached within ten (10)days of the date of the Notice, the parties shall attempt
to agree upon the appointment of an independent appraiser or, failing that, within an additional 10
day period, they shall each appoint an appraiser and the two appraisers shall, within an additional
10 days, select an independent appraiser to determine such fair market value. The determination
of said independent appraiser shall be binding on both parties and the cost of the appraisal shall be
borne equally (50/50)between the parties.
2 . Election to Purchase. Within twenty-one (2 1) days after District receives
Grantor's Second Notice or the determination of the price is completed (by appraisal if necessary),
whichever is later, District shall have the prior right to elect to purchase said property at a price
equal to the all cash, or such appraised fair market value, as applicable; provided, however, that
the purchase must be consummated by the District as soon as possible, but in no event later than
ninety (90) days after its election to exercise its right of first refusal (unless any further delays are
caused by default or breach on the part of Grantor). Such right may be exercised by delivery in
writing, by mail, or other appropriate means, to Grantor of a notice of District's exercise of its
right to purchase within such twenty-one (2 1) day period.
3. Rejection of Right to Purchase. If within such twenty-one (21)day period,
District notifies Grantor that it does not wish to exercise its right of first refusal, or if the right is
not exercised within the twenty-one (2 1) day period, Grantor shall be free to sell Grantor's
property to such purchaser, but only at the price and upon the terms and conditions stated in the
aforementioned Second Notice, providing that said offer results in a valid transfer or sale of said
property within six (6)months of the expiration of the twenty-one(21) day period for District's
election whether to purchase the property.
F
Page 4
Any transfer or sale after the end of the six (6) month period, or any
material change in the terms of the sale from those set forth in said Second Notice, shall require
that a new Notice be delivered and shall give rise to the purchase rights of District and procedures
on the same terms set forth in this Agreement. A waiver by District of one such opportunity to
purchase shall not be deemed a waiver of any future right to purchase, it being the intent and
agreement of the parties that the right of first refusal hereby granted shall run with Parcel One in
perpetuity.
III. MISCELLANEOUS.
A. In the event District exercises either the Right of First Offer or the Right of First
Refusal as provided hereinabove, Grantor agrees to deliver the property free and vacant of all
persons and personal property at the close of escrow.
B. All of the grants, covenants, conditions and restrictions contained above shall be
binding upon Grantor, his or her successors and assigns, lessees and any and all other persons
acquiring all or any portion of or interest in a portion of Parcel One that is subject to the provisions
of this Agreement, whether by operation of law or in any other manner whatsoever. All of the
grants, covenants, conditions and restrictions contained in this instrument are for the benefit of: (i)
District, its successors and assigns; and(ii) Parcel Two and Parcel Three, as described herein.
C. All of the provisions hereof shall be covenants running with the land pursuant to
applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of
California. It is expressly agreed that each grant, covenant, condition or restriction contained
herein to do or to refrain from doing any act:
1. Is a burden upon Parcel One and each portion thereof and interest therein
that is subject to the provisions of this instrument, and
2. Shall be binding upon each successive owner during its ownership of Parcel
One or portion thereof or interest therein, derived in any manner.
D. Consideration. The consideration for this Agreement is the purchase price for
District's purchase of Grantor's undivided 50% interest in Parcel Two identified as the southerly
portion of Santa Clara County Assessor's Parcel No. 575-07-001 pursuant to the Purchase
Agreement entered into between District and Grantor concurrently with the execution of this
Agreement. The parties agree that but for such consideration they would not have entered into this
agreement.
E. Term. District's rights of under this agreement shall begin upon the date of
execution of this document by District and shall continue for a term of ninety nine (99) years.
F. Assignment, Successors. District's rights and obligations under this Agreement
shall not be assigned without Grantor's prior written consent, and any assignment without that
consent shall be void, except transfer by District to another public agency or non-profit
Page 5
organization having a similar purpose. Subject to this restriction, this Agreement shall inure to the
benefit of and be binding on the parties and their respective successors,heirs,personal
representatives, and assigns.
G. Notices. All notices, demands, requests, and exercises under this Agreement by
either party shall be delivered by had, sent by United States Mail, Registered or Certified, postage
prepaid, addressed to the other party, or sent by telecopy or similar means, if a copy of the notice
is also sent by United States Certified Mail as follows:
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
Tel: 650-691-1200
Fax: 650-691-0485
Grantor: David M. Stanton
20460 Reynolds Road
Los Gatos, CA 95032
Telephone: (408)268-0998
Notices, demands,requests, and exercises served in this manner shall be considered
sufficiently given or served for all purposes under this Agreement at the time the notice, demand,
request, or exercise is delivered by hand, when postmarked to the addresses shown above, or on
transmittal by telecopier or other similar means, provided that a transmission report is generated
that reflects the accurate transmission of the notices.
The addresses above may be changed by written notice to the other party; provide,
however, that no notice of a change of address shall be effective until actual receipt of the notice.
Copies of notices to other than Grantor or District are for informational purposes only, and a
failure to give or receive copies of any notice shall not be deemed a failure to give notice.
H. Entire Agreement. - This Agreement and the Exhibits contain the entire agreement
of the parties and supersede all prior agreements or understandings of the parties, whether written
or oral, regarding the subject matter of this Agreement.
1. Modification and Amendment. This Agreement may not be modified or amended
except in writing signed by Grantor and District.
J. Waivers. No waiver or breach of a covenant or provision in this Agreement shall
be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be
valid unless in writing and executed by the waiving party.
K. Construction. In construing this Agreement, the singular form shall include plural
and vice versa. This Agreement shall not be construed as if it had been prepared by one of the
parties, but rather as if both parties have prepared it. Unless otherwise indicated, all referenced to
Page 6
sections are to this Agreement.
L. Further Assurances. Whenever requested by the other party, each party shall
execute, acknowledge, and deliver any further conveyances, agreements, confirmations,
satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents,
and any further instruments and documents that are necessary, expedient, or proper, in order to
complete any conveyances,transfers, sales, and agreements covered by this Agreement, and to do
all other acts and to execute, acknowledge, and deliver any requested documents in order to carry
out the intent and purpose of this Agreement.
M. Third-Party Rights. Nothing in this Agreement, express or implied, is intended to
confer on any person, other than the parties and their respective successors and assigns, any rights
or remedies under this Agreement, except as expressly set out herein.
N. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original and all of which taken together shall constitute the same
instrument.
O. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid
or the inclusion of which would adversely affect the validity, legality, or enforcement of this
Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in
full force.
P. Authority of Parties. All persons executing this Agreement on behalf of a party
represent and warrant that they have the authority to execute this Agreement on behalf of that
party.
Q. Recordation. The original of this document shall be recorded in the official records
of Santa Clara County.
This Agreement shall be interpreted and construed in accordance with California law.
GRANTOR: DISTRICT:
Midpeninsula Regional Open Space
District
By:
David M. Stanton, a married man, as
his sole and separate property By:
President, Board of Directors
Date:
Attest:
District Clerk
Date:
Exhibit I
PARCEL ONE:
ALL THAT PORTION OF SAID LAND AS DESIGNATED AND DELINEATED IN THE CERTIFICATE OF
COMPLIANCE FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA ON JULY 17, 2002, UNDER RECORDER'S SERIES NO. 16367627, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 121 ACRE TRACT OF LAND
DESCRIBED IN THE DEED FROM HERBERT E. JAMES, ET UX,TO FRANCIS H. TUCKER, ET UX,
DATED MARCH 1, 1940 AND RECORDED MARCH 2, 1940 IN BOOK 977 OF OFFICIAL RECORDS, .
AT PAGE 55, SANTA CLARA COUNTY RECORDS, SAID POINT OF BEGINNING ALSO BEING ON
THE NORTHERLY LINE OF THAT CERTAIN 209 ACRE TRACT OF LAND DESCRIBED IN THE DEED
FROM CITY OF SAN JOSE TO D.H. HAHN, DATED AND RECORDED AUGUST 23, 1867, IN BOOK
W OF DEEDS, AT PAGE 404, SANTA CLARA COUNTY RECORDS;THENCE FROM SAID POINT OF
BEGINNING ALONG SAID NORTHERLY LINE OF THE 209 ACRE TRACT, AS SAID NORTHERLY
LINE IS SHOWN ON THAT RECORD OF SURVEY OF THE LANDS OF DALE MARTIN STANTON ET
AL, RECORDED IN BOOK 530 OF MAPS,AT PAGE 43, SANTA CLARA COUNTY RECORDS, NORTH
890 35' 00" EAST 1680.62 FEET; THENCE LEAVING THE SAID NORTHERLY LINE OF THE 209
ACRE TRACT ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY SOUTH 00 24' 00"
WEST 2845.44 FEET;THENCE NORTH 890 36'02" WEST 2001.33 FEET TO THE WESTERLY LINE
OF SAID LANDS OF STANTON As SHOWN ON SAID RECORD OF SURVEY,THENCE ALONG SAID
WESTERLY LINE OF SAID RECORD OF SURVEY NORTH 00 13' 59" EAST 1213.89 FEET;THENCE
NORTH 200 03' 21" EAST 1255.98 FEET; THENCE NORTH 12* 35' 50" WEST 436.00 FEET'TO
THE POINT OF BEGINNING.
APPURTENANT TO PARCEL ONE
ANY RIGHTS, OVER THE PRESENT EXISTING PRIVATE EXTENSION OF THE DEDICATED
PORTION OF REYNOLDS ROAD WHICH EXTENSION FORKS AND LEADS TO LAND DESCRIBED IN
THE DEED TO DALE MARTIN STANTON RECORDED. MARCH 26, 1964 IN BOOK 6440, PAGE-2,
AS SET FORTH IN THE JUDGMENT CASE NO. 225233, SUPERIOR COURT, COUNTY OF SANTA
CLARA, FILED MARCH 24, 1971 AND RECORDED JUNE 10, 1971 IN BOOK 9367, PAGE 643,
OFFICIAL RECORDS AND ANY RIGHTS THE GRANTOR AND ITS SUCCESSORS AND ASSIGNS MAY
HEREAFTER ACQUIRE OVER; SAID PRIVATE EXTENSION OF THE DEDICATED PORTION OF
REYNOLDS ROAD, WHICH EXTENSION FORKS AND LEADS TO LAND DESCRIBED IN SAID DEED
TO DALE MARTIN STANTON RECORDED MARCH 26, 1964 IN BOOK 6440, PAGE 2.
APN: 575-07-001 (PORTION)
Exhibit II
PARCEL TWO:
(
ALL THAT PORTION OF SAID LAND, AS DESIGNATED AND-DELINEATED IN THE CERTIFICATE
OF COMPLIANCE FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA ON JULY 17, 2002 UNDER RECORDER'S SERIES NO. 16367628 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 121 ACRE TRACT OF LAND
DESCRIBED IN THE DEED FROM HERBERT B.JAMES ET UX,TO FRANCS H. TUCKER ET UX,
DATED MARCH 1, 1940 AND RECORDED MARCH 2, 1940 IN BOOK 977 OF OFFICIAL RECORDS
AT PAGE 55, SANTA CLARA COUNTY RECORDS; SAID POINT OF BEGINNING ALSO.BEING ON
THE NORTHERLY LINE OF THAT CERTAIN 209 ACRE TRACT OF LAND DESCRIBED IN THE DEED
FROM CITY OF SAN JOSE TO D. H. HAHN DATED AND RECORDED AUGUST 23, 1867 IN BOOK W
OF DEEDS AT PAGE 404, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF
BEGINNING ALONG SAID NORTHERLY LINE OF THE 209 ACRE TRACT, AS SAID NORTHERLY
LINE IS SHOWN ON THAT RECORD OF SURVEY OF THE LANDS OF DALE MARTIN STANTON ET
AL, RECORDED IN BOOK 530 OF MAPS AT PAGE 43, SANTA CLARA COUNTY RECORDS, NORTH
890 35' 00" EAST, 1680.62 FEET;THENCE LEAVING THE SAID NORTHERLY LINE OF THE 209
ACRE TRACT ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY, SOUTH 00 24' 00"
WEST, 2845.44 FEET TO A 3/4" IRON PIPE WITH A TAG NUMBER L.S. 4234, AS SHOWN ON
SAID RECORD OF SURVEY AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED REAL PROPERTY;THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING
SOUTH ALONG SAID EASTERLY LINE OF SAID RECORD OF SURVEY, SOUTH 00 24' 00" WEST,
• THENCE SO UTH 390 12' 21"WEST 1097.56 FEET TO A POINT ON THE
159 0.75 FEET ,
SOUTHWEST LINE OF SAID RECORD OF SURVEY; THENCE NORTH 580 43' 14"WEST ALONG
SAID SOUTHWEST LINE, 1524.79 FEET TO THE SOUTHWEST CORNER OF SAID RECORD OF
NE OF SAID RECORD OF SURVEY NORTH 0 13 59
SURVEY;THEN
CE ALONG THE WEST LI ,
SU I
EAST, 1663.46 FEET, THENCE LEAVING SAID WEST LINE, NORTH 89° 36 02"WEST, 2001.33
FEET TO THE TRUE POINT OF BEGINNING.
i
APN: 575-07-001 (PORTION) '
i
PARCEL THREE:
All that certain parcel of land situated in Pueblo Tract No. 3, County of Santa Clara, State of California
described as follows:
Beginning at the Southwest comer of that certain 209.00 acre tract of land conveyed by the City of San Jose
to D.N. Hahn by deed dated August 23, 1867 and recorded August 23, 1867 in Book"W"of Deeds, page 404,
Records of Santa Clara County, California, said point of beginning being also the corner to Sections 5 and 6, 31
and 32 Townships 8 and 9 S.R. 1 E., M.D.B. &M., thence running West along the dividing line between said
Sections 6 and 31 and along the Northerly line of that certain 158.94 acre tract of land described in the Deed
from the City of San Jose to D.H.-Hahn, dated and recorded March 16, 1868, in Book"W"of Deeds, at Page
635, Records of said County of Santa Clara, 924 feet to a stake on the Southwesterly line of Pueblo Lands
Tract No. 3 as finally confirmed to the City of San Jose by the United States of America, the patent for which is
recorded in the office of the County Recorder of the County of Santa Clara, State of California, in Book"D"of
Patents, Page 12; thence running along said line S. 100 45' 00" E. 665 feet to an angle point therein; thence
still along said line S. 580 24' 00" E. 2150 feet; thence leaving said line and running N. 00 13' 59" E. 2341.00
feet; thence N. 890 46' 01"W., 1003.28 feet, more or less, to a point on the Section line dividing above
mentioned Sections 31 and 32; thence S. 0° 16' 07" W. along said line, 635.67 feet, more or less, to the point
of beginning. Being a portion of the Pueblo Tract Number 3.
I
APN: 575-07-008
I
i