HomeMy Public PortalAbout20090812 - Resolution - Board of Directors (BOD) Cover Sheet for Scanning by ECS
Orlainatina Department General Manager
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Document Date: 8/12/2009
Document Type: Resolution
Preserve Name:
Keywords(no more than 4): University Of California Regent Purchase
Project Name:
Project Number:
Vendor or Other Party:
Name (First):
Name (Last):
Address:
APN Number:
Document No, 09-25
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RESOLUTION 09-25
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT AND ESCROW INSTRUCTIONS, AUTHORIZING GENERAL
MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATES OF
ACCEPTANCE OF THE GRANT DEED AND GRANT OF ACCESS EASEMENT TO
DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND
ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE -
LANDS OF THE REGENTSF CALIFORNIA, A
CALIFORNIACAL FORNIA CORPORATION)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Purchase Agreement and Escrow Instructions
between The Regents of the University of California and the Midpeninsula Regional Open Space
District, a copy of which purchase agreement is attached hereto and by reference made a part
hereof, and authorizes the President or other appropriate officer to execute the Agreement on
acq
uire the real property described therein ("the Uplands Property").
to P
P
the District
b eha If ofq
Section Two. The General Manager, President of the Board of Directors or other appropriate
Certificates of Acceptance for the Grant Deed and the Grant of
officer is authorized to execute C P
Access Easement on behalf of the District.
Section Three. The General Manager or the General Manager's designee shall cause to be given
no
tice of acceptance to the seller and to extend escrow if necessary.
P
appropriate
Section Four. The General Manager is authorized to expend up to $50,000.00 to cover the cost
of title insurance, escrow fees, access road improvement cost and other miscellaneous costs
related to this transaction.
Section Five. The General Manager and General Counsel are further authorized to approve any
ents which do not involve
technical any term of the Agreements or document to the attached Agreement and s,owhich are necessary or appropriate o the
al
change to any g
closing or implementation of this transaction.
Section Six. The purpose of this Section is to enable the District to reimburse its general fund
for the cost of certain land acquisitions. The District wishes to finance certain of these real
property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt
financing is not cost-justified for the District unless the principal amount of the financing is large
enough to justify the related financing costs. Consequently, it is the District's practice to buy
property with its general funds and, when a tax-exempt financing is cost justified based on the
aggregate value of acquisitions, to issue tax-exempt obligations toreimburse itself for previous
expenditures of general funds. These general funds are needed for operating and other working
P ert acquisitions on a
fina
nce ro
fin q d to Y
e use P
intended
ed to b P
capital needs of the Distract and are not m
long-term basis.
U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its
intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to
the payment of the expenditures. Accordingly,the Board of Directors hereby declares its intent
to issue tax-exempt obligations in the maximum principal amount of$4,500,000.00 and to use a
portion of the proceeds of the obligations for reimbursement of District expenditures for
acquisition of the POST Property that are paid before the date of issuance of the obligation.
RESOLUTION NO.09-25
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on August 12, 2009 at a Special Meeting thereof, by the following vote:
AYES: MARY DAVEY,LARRY HASSETT,NONETTE HANKO,PETE SIEMENS,
CECILY HARRIS,CURT RIFFLE
NOES: NONE
ABSTAIN:
ABSENT: JED CYR
ATTEST: APPROVED:
,e aflc-1 �
Secretary President
Board of Directors Board of Directors
I, the Deputy 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 d and called on the above day.
Deputy District Clerk
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AND
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
August 12, 2009
55672A
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
and
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
First American Title Company
1850 Mt. Diablo Blvd., Suite 300
Walnut Creek, CA 94596
(925) 927-2100
(Escrow Number NCS - 64470)
THIS PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS (this "Agreement") is
dated for reference as of August 12, 2009 ("Reference Date"), and is entered into by and between
THE REG
ENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation ("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 ("District").
WHEREAS, Seller is the owner of certain real property located at 1500 Purisima Creek
Road, Half Moon Bay in the unincorporated area of San Mateo County, California, comprised of
approximately 600 acres, designated San Mateo County Assessor's Parcel Number 066-200-070, and
more particularly described in Exhibit A hereto, commonly referred to as "UC Elkus Ranch"; and
WHEREAS, a portion of the UC Elkus Ranch, which is more particularly described within
o
the body of this Agreement and in Exhibit B as the Property,"has pens pace and recreational
value; and
WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real
property by purchase, exchange, gift, orbar bargain
purcha
se for public ark
recreation
, scenic and open
en
space purposes; and
WHEREAS, Seller desires to sell, and District desires to buy the Property as described in
Exhibit B for open space preservation and as part of the ecological, recreational, and aesthetic
resources of the mid-peninsula area; and
WHEREAS, The parties intend that the Property shall include four(4) density units
("Density Units") attributable to the Property, as detennined by the Rural Density Analysis prepared
by the County of San Mateo, Planning and Building Department, dated October 7, 2008, based upon
a determination that UC Elkus Ranch, of which the Property is a portion, had attributable to it five
(5) Density Units as determined by the Rural Density Analysis approved by San Mateo County on
April 3, 2007.
WHEREAS, it is the intention of the parties that District shall dedicate the property to public
uses as defined or permitted specifically by Subsection 1013(f) of the Public Contract Code of the
State of California;
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as
follows:
1. SALE AND PURCHASE.
1.1 Sale and Purchase. Seller will sell to District and District will purchase from Seller
the Property as described in Exhibit B attached hereto, for the price, at the time, and upon the terms
and conditions set forth herein. Included as part of the Property are four(4) Density Units
attributable to the Property.
1.2 Purchase Price. The purchase price of the Property shall be Four Million Five
Hundred Thousand and No/100 Dollars ($4,500,000.00).
1.3 Payment of Purchase Price. District shall pay the purchase price in cash or by wire
transfer ("Immediately Available Funds") one day prior to the Close of Escrow as provided in
Article 4, or at such other time as the parties agree to in writing.
1.4 Payment of Additional Amounts. District shall deposit into Escrow and pay at Close
of Escrow District's share of closing costs, prorated items, and adjustments.
2. TITLE.
2.1 Conveyance. Title to the Property shall be conveyed by a Grant Deed in the form of Exhibit
C, attached hereto (the "Deed"), and shall be insured by a ALTA Owner's Policy of Title Insurance
("Title Policy") issued by First American Title Insurance Company ("Title Company"), with liability
in the full amount of the Purchase Price, insuring title to the Property as vested in District, free and
clear of all liens and encumbrances and other matters affecting title to the Property except:
ents for the fiscal year 2009-2010, a
2.1.1 General and special taxes and assessm
lien not yet due or payable.
2.1.2 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code.
2.1.3 Water rights, claims or title to water, whether or not shown by the public
records.
2.1.4 Easement for drainage within Lobitos Creek traversing the herein described
property, together with the rights of the public in and to the water and the use of such Creek, to the
high water mark.
2.1.5 An easement for Pacific Gas and Electric Company, a Corporation and
incidental purposes in the document recorded May 14, 1941, as Book 951, Page 334 of Official
Records.
2.1.6 Easement for water course over premises lying within the lines of Lobitos
Creek and any changes in the boundary lines of the Property that have occurred or may hereafter
occur from natural causes and by imperceptible degrees.
2.1.7 An unrecorded grazing agreement of a portion of the Property with Vincent
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
Vincent Fontana as tenant which portion is used for grazing.
2.1.8 Title exceptions approved by District pursuant to Section 2.2, below.
A copy of the 3rd Supplemental Preliminary Title Report Revised June 11, 2009 (PTR) prepared by
First American Title Insurance Company is attached as Exhibit D.
2.2 If at Closing, Seller is unable to provide title to the Property subject only to
the exceptions noted in 2.1 and District notifies Seller that it objects to any such newly revealed
condition of title within ten (10) days after the date on which the escrow was scheduled to close, then
within ten (10) days of receipt of District's notice Seller shall either:
(i) agree to remove the said objectionable exceptions from title and provide
District with evidence satisfactory to District of such removal, or
(ii) elect not to cause such exceptions to be removed.
If Seller fails to give notice within the ten (10) day limit or gives District notice under clause (ii),
District shall have the election, without limiting District's rights and remedies against Seller of: (a)
terminating the Agreement without liability on District's part, (b) removing the defect, in which
event the Purchase Price shall be reduced by an amount equal to District's reasonable cast of
correcting those matters, or(c) taking title subject to said defect(s). If the cost of removing said
defect exceeds $50,000, then District shall only be entitled to elect alternatives (a) or(c). If District
makes no election, District's silence shall be considered an election of alternative (a) of this same
Subparagraph. Nothing in this Subparagraph shall defeat or diminish District's remedies at law or in
equity relating to Seller's representations and warranties as set forth in Article 5 hereof.
3. MATERIALS REVIEW APPROVAL AND ACCESS.
3.1 Materials. A number of environmental and planning studies of the Property have been
prepared ("Materials"). All such Materials known to Seller either have been delivered to District or
were either prepared by or for District. The Materials which Seller has delivered to District are listed
on Exhibit E. Seller makes no representation or warranty, however, regarding the accuracy,
completeness or correctness of the matters described in the Materials.
3.2 Access. Upon reasonable prior written notice, not to be less than twenty-four(24)
hours, Seller shall permit District, its employees, agents, contractors, and representatives the right to
enter onto the Property during the period this Agreement is in effect between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday in order to conduct such surveying, environmental
investigation and assessment, and other tests as District deems appropriate. With respect to
District's entry as provided for herein, District shall:
3.2.1 indemnify and hold Seller and the Property harmless from and against any
losses, costs (including reasonable attorneys' fees), damages, actions or expenses arising out of such
entry and/or such activities on the Property, and
3.2.2 in the event this Agreement is terminated by District or by reason of District's
default, promptly thereafter repair any damage to the Property caused by District's entry.
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PURCHASE.AGREEMENT,AND ESCROW INSTRUCTIONS
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall constitute
escrow instructions for the Property and a copy hereof shall be deposited with the Escrow Holder at
the address set forth on the first page of this Agreement for this purpose. The parties shall execute
such additional, supplementary, or customary escrow instructions as Escrow Holder may reasonably
require. This Agreement may be supplemented or amended by express additional escrow instructions
signed by the parties, but the title company's printed portion of such escrow instructions shall not
supercede any inconsistent provisions contained herein.
4.2 Escrow Holder. The Escrow Holder shall be First American Title Insurance
Company, 1850 Mt. Diablo Blvd., Suite 300, Walnut Creek, CA 94596, Teri Dashwood, Escrow
Officer, (925) 927-2100 (Escrow Number NCS 64470-CC). Escrow shall be opened with Escrow
Holder within three (3) business days after the Reference Date by depositing executed counterparts
of this Agreement with the Escrow Holder; provided however, Seller shall not be required to deposit
an executed counterpart of the Agreement with Escrow Holder prior to approval of the transaction by
Seller's Board of Regents, or its delegated authority, and neither party shall be required to deposit an
executed counterpart of the Agreement with Escrow Holder prior to approval of the transaction by
their respective boards or delegated authorities. If Escrow Holder shall require further escrow
instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual farm for the
purchase and sale of the Property in accordance herewith. Provided said further escrow instructions
are consistent with this Agreement, they shall be promptly signed by District and Seller within three
(3) business days after delivery thereof to each party. The further escrow instructions shall
incorporate each and every term of this Agreement and shall provide that in the event of any conflict
between the terms and conditions of this Agreement and said further escrow instructions, the terms
and conditions of this Agreement shall control
4.3 Close of Escrow. The "Close of Escrow" with respect to the Property shall occur on
or before the close of business on or before Thursday, August 20, 2009, unless extended by mutual
agreement. Time is specifically of the essence of this Agreement.
4.4 District Required to Deliver. Within five (5) days after notification of approval of this
transaction by Seller's Board of Regents, District shall deposit into Escrow Twenty Five Thousand
Dollars ($25,000) in cash or by wire transfer. Within five (5) days after approval of this transaction
Escrow an addit
ional sum of Seventy-
Five -
Board of Directors District shall de
posit osit into Es Y
by District's Boa p
fer collective) including an interest
trans Y wire g ash or ,
7s Oa 0 in c Y
'v Thousand Dollars $ ) y
F ie
earned in Escrow "the Security Deposit Funds"), which shall be applied to the Purchase Price. On or
before the day prior to the Close of Escrow for the Property, District shall have deposited into
Escrow:
4.4.1 the balance of the Purchase Price in Immediately Available Funds, after giving
effect to the payment, if any, into escrow made by District pursuant to Section 4.4. above, by
applying the Security Deposit Funds toward the Purchase Price;
4.4.2 Certificates of Acceptance for (i) the Grant Deed and (ii) Grant of Access
Easement (in the form attached hereto as Exhibit F and incorporated by this reference);
4.4.3 a completed Preliminary Change of Ownership Report if required by either
party:
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
4.4.4 District's share of Closing expenses as set forth in Section 4.9.2, below; and,
4.4.5 all other documents and funds contemplated by this Agreement and required
by the Escrow Holder to be deposited by District to carry out this Escrow with respect to the
Property.
4.5 Seller Required to Deliver.
Before the Close of Escrow with respect to the Property, Seller shall deposit into the
Escrow the following (properly executed by Seller and acknowledged, if applicable):
4.5.1 Grant Deed substantially in the form attached as Exhibit C.
4.5.2 Grant of Access Easement substantially in the form attached as Exhibit F.
With respect to Parcel I C of the access easement, that parcel shall be substantially in the form of the
legal description attached to Exhibit F subject to revision prior to closing to reflect adjustment to the
boundaries of Parcel IC that are mutually acceptable to the parties;
4.5.3 a non-foreign affidavit with respect to Seller;
4.5.4 a California Real Estate Withholding Certificate - 593-C;
4.5.5 Certification of the transaction by The Regents of the University of California
under delegated authority;
4.5.6 Seller's share of Closing expenses asset forth in Section 4.9.1, below; and
4.5.7 all other documents required by this Agreement or as reasonably required by
the Escrow Holder to be provided by Seller.
4.6 Conditions Precedent to the Close of Escrow. Escrow with respect to the Property
shall not close until the following conditions have been satisfied:
4.6.1 Both parties have deposited with the Escrow Holder all sums and documents
required to be deposited with respect to the Property, as provided in this Agreement;
4.6.2 District's and Seller's respective representations and warranties contained in
this Agreement are true and correct as of the close of Escrow; and
4.6.3 Seller has obtained and provided to District documentation to District's
reasonable satisfaction that the conveyance of the Property to District has been found in compliance
with any applicable Subdivision laws, ordinances, or regulations of the County of San Mateo,
California and the Subdivision Map Act, Government Code Section 66000 et seq.
4.7 Recordation of Documents and Delivery of Funds. Upon the Close of Escrow with
respect to the Property, 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 the Close of
Escrow have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance, and the
Grant of Access Easement and attendant Certificate of Acceptance to be recorded in the Office of the
County Recorder of San Mateo County. Upon the Close of Escrow. Escrow Holder shall cause to be
delivered to District the original of the policy of title insurance required herein, and to Seller copies
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
required herein, and to Seller copies of all recorded documents and funds for the full purchase price
of the Subject Property (less Seller's portion of the expenses described in Section 4.9.1), 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.
4.8 Prorations. Any assessments relating to the Property shall be prorated between
District and Seller as of the Close of Escrow based upon the latest available information; provided,
however, that Seller shall be responsible for all assessments which appear on a supplemental tax bill
for the Property by reason of any event occurring with respect to the Property prior to the Close of
Escrow. If any assessments come to the attention of either party, following the Close of Escrow,
which should have been prorated as of the Close of Escrow, the parties agree to make the necessary
adjustments and pay the differences in such sums within ten (10) days of the calculation of such
assessments. Said prorations shall be based upon a thirty(30) day month and a three hundred sixty
(360) day year.
4.9 Costs of Escrow.
4.9.1 Seller shall pay the following costs of Escrow as to the Property:
(a) The cost of a ALTA Standard Coverage Form Owner's Policy of Title
Insurance;
(b) one half(50%) of the Escrow fee;
(C) the transfer tax imposed by the County of San Mateo, if any; and
(d) recording fees for any documents needed to clear title, if any.
4.9.2 District shall pay the following costs of Escrow as to the Property:
(a) one-half(50%) of the Escrow fee,
(b) recording fees related to the Grant Deed, if any; and
(C) the service fee, if any, on the amount retained in the Holding Escrow.
4.10 Fees and Commissions. District and Seller each represent and warrant to the other
that no broker, agent or finder, licensed or otherwise, has been engaged by either party in connection
with the transaction contemplated by this Agreement. In the event of any claim for broker's, agent's
or finder's fees or commissions in connection with the transaction, the party hereto upon whose
alleged statement, representation or agreement such claim or liability arises shall indemnify, protect,
save, hold harmless and defend the other party hereto from and against such claim and liability.
4.11 Escrow Cancellation Charges. If this Escrow shall fall to close by reason of the
default of either party hereunder, the defaulting party shall be liable for all Escrow cancellation
charges. If the Escrow shall fail to close for any reason other than the default of a party, each party
shall pay one-half(1/2) of all Escrow cancellation charges.
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
4.12 Return of Documents and Funds Upon Cancellation. Except as otherwise set forth
herein, if Escrow fails to close because of District's material breach of this Agreement, Seller shall
be entitled to, and shall be paid from Escrow, One Hundred Thousand Dollars ($100,000.00) plus
accrued interest thereon, and all documents deposited into Escrow shall be returned to the party
which so deposited them.
5. REPRESENTATIONS AND WARRANTIES/CONDITION OF PROPERTY.
5.1 Condition of Property
. Other than as specifically represented and warranted in
section 5.2, below, Seller shall convey and District shall accept the Property, as of the Reference
Date, "As Is/With All Faults," without any representation, warranty or guarantee by Seller as to
quality, quantity, condition or that the Property is fit or in condition to be used for any purpose.
Seller shall have no obligation to make any repair, alteration or adjustment to, or because of the
Property, and Seller shall not be liable for any patent or latent defects in the Property except as stated
in sections 5.1.1 and 5.1.2. District assumes the risk that adverse physical conditions or applicability
and effect of governmental laws and regulations pertaining to materials of environmental concern
may not have been revealed by its own investigations, examinations,
and inspections.
5.1.1 Seller shall convey the Property free of any fixtures, construction or
demolition debris or equipment and materials by Close of Escrow.
5.1.2 Seller warrants that there exist no oral or written leases, rental agreements or
licenses affecting all or any portion of the Property except for the grazing agreement with Vincent
Fontana. 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 undisclosed lease, rental agreement, or license 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 paragraph shall survive the close of escrow and recordation of any
Grant Deed.
5.2 Seller's Representations and Warranties. Seller represents and warrants that the
matters set forth in this paragraph 5 are true and correct to the best of Seller's knowledge as of the
date hereof and shall be true and correct as of the date of the Close of Escrow. Each of the following
representations and warranties is material and is being relied upon by the District. If Seller discovers
facts or events occurring after the date hereof which make any of said representations and warranties
false or misleading in any material respect as of the close of Escrow, Seller shall promptly disclose
the same in writing to District.
5.2.1 Seller has no knowledge
(i) of the release of any Hazardous Substance in or about the Property except for those
matters disclosed in conformance with paragraph 3, or
(ii) of any pending or threatened proceedings regarding the presence, release, threat
of release, placement, generation, transportation, storage, treatment or disposal of Hazardous
Substances on the Property.
"Hazardous Substance" as used herein means any matter which has been determined
by any existing regulations, order or rule promulgated by a governmental authority of appropriate
jurisdiction, to constitute a hazardous or toxic waste, substance or material under any federal, state or
local statute, law, rule, regulation, ordinance or enactment of any governmental authority. By
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
authority. By disclosing the matters included in the Materials described in paragraph 3, Seller has
complied fully with 25359.7 of the California Health and Safety Code.
5.2.2 Seller is the sole owner of the Property and, except as limited in the next
sentence and in paragraph 4.2 above, has the full right and authority to enter into this Agreement and
consummate the transaction contemplated herein, and the person signing this Agreement on behalf of
Seller is authorized to so sign. Seller's obligation to consummate the transaction is contingent upon
approval of the transaction by The Board of Regents of the University of California or under its
delegated authority.
5.2.3 Seller is a California corporation, duly formed and validly existing under
Article IX, Section 9 of the California Constitution and is qualified to do business in the State of
California.
5.2.4 Entry into this Agreement and the performance by Seller of its obligations
hereunder does not contravene or constitute a breach of any agreement, contract or indenture to
which Seller is a party.
5.2.5 All documents delivered by Seller to District pursuant to this Agreement are
true, correct and complete originals or copies of the originals thereof.
5.2.6 Seller has no knowledge regarding any unrecorded liens, easements or
encumbrances which may affect title to the Property and is not aware of any other matter than as
disclosed in paragraph 2.1.4 above, or other parties in possession of the Property or any portion
thereof, or any person or entity having any right thereto, except for any and all trespassers.
5.2.7 Other than the Elkus Water Rights (as defined in section 7.1, below) which
are to be retained exclusively by Seller , to the best of Seller's actual knowledge, there are no
contracts or other agreements for services, supplies or materials affecting the use, operation or
management of the Property which are unrecorded and which would be binding upon the Property
following the close of Escrow.
5.2.8 To the best of Seller's actual knowledge, there are no suits or claims pending
or threatened with respect to, or in any manner affecting, the Property, and Seller has no knowledge
of any circumstances which should or could reasonably form the basis for any such suits or claims
which have not been disclosed in writing to District by Seller.
5.2.9 Other than as disclosed in the PTR (Exhibit D), Seller has not entered into,
and there is none existing as of the date of this Agreement, any other agreement, written or oral,
under which Seller is or could become obligated to sell the Property or any portion thereof, to a third
party.
5.2.10 Seller will cooperate with District, but at no expense to Seller, in any action or
proceeding to enforce Hazardous Substance Laws (as defined in paragraph 6.3, below) or other
claims based upon the presence of Hazardous Substances in, on, or under the Property.
All of the above representations are made to the best of Seller's knowledge after due
investigation. All of Seller's representations set forth in this Agreement shall survive the execution
and delivery of this Agreement, the execution, delivery and recordation of the Grant Deed as to the
Property, and the close of Escrow. Seller shall and does hereby agree to indemnify, defend and
protect District against and hold District harmless from any loss, damage, obligation, liability and
expense, together with all court costs and all reasonable attorneys' fees, which District may incur by
reason of any misrepresentation made by Seller or any breach of Seller's representations or
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
Seller's representations or warranties set forth in this Agreement.
5.3 District's Represent at ions..and Warranties. District warrants and represents that the
facts set forth in this paragraph 5.3 are true and correct as of the date of the close of Escrow for the
Property.
5.3.1 District has the full right and authority to enter into this Agreement and
consummate the transaction contemplated herein. Each of the persons signing this Agreement on
behalf of District is authorized to so sign. The execution, consent or acknowledgment of no other
person or entity is necessary in order to validate the execution of this Agreement by District or
permit the consummation of the transaction contemplated herein.
5.3.2 District is (a) a political subdivision of the State of California, duly formed
and validly existing under the laws of, and qualified to do business in, the State of California and (b)
is a sophisticated public entity, and acknowledges that its acquisition of the Property_is on the basis
of its own investigations of all aspects of the Property.
5.3.3 Entry into this Agreement, and the performance by District of its obligations
hereunder, does not contravene or constitute a breach of any agreement, contract or indenture to
which District is a party or any statute, ordinance,judicial decision or order. Any action required
pursuant to the California Environmental Quality Act in connection with the sale and purchase and
other transactions contemplated by this Agreement will be carried out by District, which shall be the
"lead agency" for any such action.
5.3.4 It is the intention of the parties that the uses to which District shall dedicate
the Property shall constitute public use, subject to the terms and conditions as stated in this
Agreement. District represents, warrants that it will dedicate the Property to public use in accordance
C�
with Section 5540 of the Public Resources Code as that section exists on the date hereof.
All of District's representations and warranties set forth in this Agreement shall survive the
execution and delivery of this Agreement; the execution, delivery and recordation of the Grant Deed
as to the Property; and the close of Escrow. District shall and does hereby agree to indemnify,
defend and protect Seller against, and hold Seller harmless from, any loss, damage, obligation,
liability and expense, together with all court costs and all reasonable attorneys' fees, which Seller
may incur by reasons of any material and intentional misrepresentation made by District or any
breach of any of District's representations or warranties set forth in this Agreement.
6. RELEASE AND INDEMNITY
6.1 Release. District fully releases and discharges Seller from and relinquishes all rights,
claims and actions that District may have or acquire against Seller which arise out of or are in any
way connected with (i) the presence of Hazardous Substances on, under or about the Property
(including but not limited to any undiscovered Hazardous Substances located beneath the surface of
the Property) other than Hazardous Substances as to which, Seller had actual knowledge as of the
Closing which was not disclosed pursuant to paragraph 3 above, and (ii) violations of any Hazardous
Substances Laws pertaining to the Property or the activities thereon.. This release applies to all
described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or
future. District specifically waives application of California Civil Code Section 1542, which
provides as follows:
"A general release does not extend to claims which the creditor does not know or
-9-
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
or suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
6.2 Indemnity. District shall defend, indemnify and hold harmless Seller from and
against all claims, damages, losses, costs, expenses and liabilities, including,but not limited to all
attorneys' fees and court costs and expert witness fees paid or incurred by Seller, (collectively,
"Claims") which arise out of or are in any way connected with (i) violations of any Hazardous
Substances Laws applicable to the Property or the activities thereon after the Closing and (ii) the use,
maintenance, operation, ownership or possession of the Property after Closing. Such indemnity shall
not extend to claims arising out of the presence of Hazardous Substance in, on, or under the Property
as to which Seller had actual knowledge as of the Closing, which was not disclosed pursuant to
paragraph 3 above.
6.3 Meanin;. For purposes of this Section 6, all references to "Seller" shall include: (i)
Seller's Regents, officers, employees and agents, and (ii) the heirs, successors, personal
representatives and assigns of Seller's Regents, officers, employees and agents. The term
"Hazardous Substances Laws" shall mean all current and future laws, statutes, ordinance,judgments,
decrees or governmental regulations relating to control of Hazardous Substances or the effect of
Hazardous Substances on the environment.
6.4 Effectiveness. The provisions of this Section 6 shall be effective upon the Closing
and shall survive the Closing of this Agreement.
7. ELKUS WATER RIGHTS.
7.1 Water Rights. The Regents own Purisima Creek water rights for use on the UC Elkus
Ranch property, which rights were confirmed in the San Mateo Superior Court 1985 Modified and
Amended Decree ("Elkus Water Rights"). This Purchase Agreement and Escrow Instructions do not
affect or include any portion of the Elkus Water Rights; nor, except pursuant to the Limited
Authorization to Use Ponds set out in Section 7.2 below, does this Purchase Agreement authorize
any right to exercise any portion of the Elkus Water Rights to capture, divert, use or retain surface
water from the Purisima Creek watershed on the Property to the District. The Parties intend that,
following Close of Escrow, The Regents will retain one hundred percent (100%) of the Elkus Water
Rights for its remaining UC Elkus Ranch portion of the Property ("Retained Parcel").
7.2 Limited Authorization to Use Ponds. Two ponds are shown on Exhibits G-1 and G-2
("Ponds") attached hereto and incorporated by this reference. To sustain livestock, the District may
use, repair, and maintain the Ponds in their current location and configuration, provided that such use
does not in any way interfere with the Regents' use and enjoyment of the Elkus Water Rights
("Interference"). District may, as part of its maintenance activities, remove siltation that may have
occurred in the Ponds to restore the Ponds to their current storage capacity. As used herein,
Interference shall mean any third party claim to or proposed modification of the Elkus Water Rights
to the extent based on water retention in and/or use of the Ponds. This limited right to use the Ponds
is personal to the District and will not be transferable to future owners of the Property. Upon
presentation to the District of evidence of Interference, District shall immediately discontinue use of
the Ponds and modify the Ponds so that they no longer retain water. Interference shall not include a
third party claim to or proposed modification of the Elkus Water Rights if such is based solely on the
water use and/or water retention by the Regents on the Retained Parcel.
7.3 No Other Use of Water. The District shall not (1) draw water directly from Purisima
Creek or (ii) divert, retain or use any surface runoff water in the Purisima Creek Watershed portion
_10_
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
i
portion of the Property, except pursuant to the Limited Authorization to use the ponds as set out in
Section 7.2 above.
7.4 Prohibition Against Challenging Regents' Elkus Water Rights. The District shall not
challenge or seek to acquire, directly or indirectly, the Regents' Elkus Water Rights.
7.5 Notwithstanding any of the other provisions of this Section, nothing in this section shall
prevent the District from (i) acquiring water rights from third parties or (ii) filing an application with
the State Water Resources Control Board or the San Mateo Superior Court, or any other entity with
applicable jurisdiction, for recognition or initiation of a water right that the District may exercise on
the Property or on other lands owned by District, provided that such right does not emanate from the
Elkus Water Rights.
7.6 Effectiveness. The provisions of this Section 7 shall be effective upon the Closing
and shall survive the Closing of this Agreement.
8. GENERAL PROVISIONS.
8.1 Appurtenant Rights and Documents. The conveyance of the Property to District shall
include the transfer to District of all of Seller's right, title and interest in and to the Materials, and
any and all plans, engineering surveys, reports, maps, permits, development rights, appurtenant
easements and rights of way, all utility rights and water rights in and to Lobitos Creek rights
connected with the Property.
8.2 Possession. Possession of the Property shall be delivered to District at close of
Escrow free and clear of any rights of others to occupancy or use thereof; except for those
reservations set forth in Paragraph 2 and subject to Paragraph 5.1.
8.3 Incorporation of Exhibits. All exhibits attached hereto and referred to herein are
incorporated in this Agreement as though fully set forth herein.
8.4 Attorneys' Fees. In any action between District and Seller seeking enforcement of
any of the terms and provisions of this Agreement or a declaration as to the meaning hereof, or
otherwise in connection with the Property, the prevailing party in such action shall be awarded, in
addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to
taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses.
8.5 Notices. All notices, requests, demands and other communication given or required
to be given hereunder shall be in writing and personally delivered or sent by United States registered
or certified mail, return receipt requested, or sent by a nationally recognized courier service such as
Federal Express, duly addressed to the parties as follows:
If to Seller: Real Estate Services Group
The University of California Office of the President
1111 Franklin Street, 6h Floor
Oakland, California 94607-5200
With Copies to: Lloyd C. Lee, Esquire
The Regents of the University of California
11 I I Franklin Street, 81h Floor
Oakland, California 94607-5200
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
If to District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Michael C. Williams, Real Property Manager
Telephone: (650) 691-1200
FAX: (650) 691-0485
With Copy to: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Stephen E. Abbors, General Manager
Delivery of any notice or other communication hereunder shall be deemed made on the date of actual
delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in
the return receipt records as the date of delivery or as of the date of first attempted delivery to the
address of the addressee, if sent by mail. Any party may change its address for purposes of this
paragraph by giving notice to the other party and to the Escrow Holder as herein provided.
8.6 Assignment. District may not assign its rights and obligations under this Agreement.
8.7 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their permitted successors and assigns.
8.8 Entire Agreement; Amendments. This Agreement and the Exhibits hereto contain all
of the agreements of the parties. No provision of this Agreement may be amended or added to except
by an agreement in writing signed by the parties hereto or their respective successors in interest and
expressly stating that it is an amendment of this Agreement.
8.9 Headings. The headings of this Agreement are for purposes of reference only and
shall not limit or define the meaning of the provisions of this Agreement.
8.10 Counterparts. This Agreement may be executed in counterparts, each of which shall
be an original, but all of which shall constitute one and the same instrument.
8.11 Survival. Each of the covenants, agreements, indemnifications, representations and
warranties herein shall survive the closing of Escrow and the transfer of title to the Property to
District.
8.12 Time of the Essence. Time is of the essence of this Agreement and each and every
provision hereof. Failure of either Escrow to close on the date set forth in paragraph 4.3 above
through no fault of Seller will constitute, at Seller's election, a default hereunder.
8.13 Further Assurances. Each of the parties hereto shall execute and deliver any and all
additional papers, documents and other assurances, and shall do any and all acts and things
reasonably necessary in connection with the performance of their obligations hereunder and to carry
out the intent and agreements of the parties hereto.
8.14 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
-12-
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
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. , or, if JAMS
ceases to exist, any successor thereto or similar judicial arbitration service, in accordance with the
rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE ARBITRATION
OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN THE SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF
DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THEM T INCLUDED IN THE ARBITRATION OF
DISPUTES PROVISION TO NEUT ITRATION.
SELLER INITIAL DISTRICT INITIAL` C-�
9. DISTRICT'S USE OF NON CLUSIVE ACCESS EASEMENT. Seller shall grant
to District a non-exclusive access easement to Purisima Creek Road pursuant to a Grant of Easement
in the form attached hereto as Exhibit F for District operational purposes, including but not limited
to access, patrol, resource management and maintenance purposes by District employees, volunteers,
agents, contractors, consultants and tenants, provided that such easement shall not be for public
access purposes. Seller shall deliver a duly executed Grant of Easement to Escrow as provided in
section 4.5, above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first
written above.
SELLER: DISTRICT:
TH4REG O T NIVERSITZY OF MIDPENINSULA REGIONAL OPEN
CA SPACE DISTRICT
By APPROVED AND ACCEPTED:
Its: eal Estate
� _ident, Board of Directors
adAdt /,4 12 9
_13_ aate
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
Date
ATT T:
DistricaClk
Date: �
ACCEPTED FOR RECOMMENDATION
APPROVED AS TO LEGAL FORM
Michael C. Williams,Real Property Manager
Llo-yZ C. Lee
University Counsel of The Regents of the APPROVED AS TO FORM:
University of California ��f
Susan M. Schectman,General Counsel
RECOMMENDED FOR APPROV
4teph .;A�bbors, General Manager
-14-
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
LIST OF EXHIBITS
Exhibit A Legal Description —UC Elkus Ranch
Exhibit B Legal Description - Property
Exhibit C Grant Deed
Exhibit D Preliminary Title Report(PTR)
Exhibit E Materials
Exhibit F Grant of Access Easement
Exhibits G-1
and G-2 Location of Ponds
-►5- II
PURCHA
SE ASE AGREEME
NT AND ESCROW INSTRUCTIONS
EXHIBIT A
LEGAL DESCRIPTION
UC ELKUS RANCH
Exhibit A to Purchase Agreement and Escrow instructions
556711
EXHIBIT 'A'
LEGAL DESCRIPTION OF ELKUS RANCH
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Mateo, State of California,
described as Follows:
PARCEL ONE:
PORTIONS OF THE PURISIMA RANCHO AND SECTIONS 1S AND 16 IN TOWNSHIP 6 SOUTH,
RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN,SAID PORTIONS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTER OF PURISIMA CREEK ON THE SOUTH LINE OF A
TRACT OF LAND HERETOFORE OWNED AND CONVEYED BY-THE LATE MARGARET BAILEY TO
MARGARET BANGHART;THENCE DOWN THE CENTER OF SAID PURISIMA CREEK,THE
FOLLOWING COURSES AND DISi`ANCES; SOUTH 4211 WEST 12 CHAINS;THENCE 31°WEST 4.48
CHAINS; THENCE SOUTH 45 1/211 WEST 2.65 CHAINS TO A CORNER FROM WHICH AN ALDER
TREE 10 INCHES IN_DIAME I ER BEARS NORTH 50"WEST 50 LINKS DISTANT;THENCE LEAVING
SAID CREED AND RUNNING NORTH 440 WEST 9.88 CHAINS TO THE CENTER OF PURISIMA
CREEK ROAD(CALLED ROAD THAT LEADS TO BORDEN AND HATCHES MILL IN 43 DEED 300);
THENCE ALONG THE CENTER OF SAID ROAD, SOUTH 231 WEST 3 CHAINS;THENCE SOUTH 45
1/2°WEST 18 CHAINS TO A CORNER,SAID CORNER BEING MARKED BY A NAIL AND A TAG
(L.S. 4840);THENCE CONTINUING ALONG SAID ROAD SOUTH 44°38' 11"WEST 351.82 FEET.
TO A 1/2"IRON PIPE TAGGED L.S. 4840;THENCE SOUTH 320 12'40"WEST 149.26 FEET,
THENCE SOUTH 160.00'48"WEST 208.11 FEET;THENCE SOUTH 28° 10- 10"WEST 226.78 FEET
TO A 1/2" IRON PIPE TAGGED L.S. 4840;THENCE SOUTH 2013 16'31"WEST 150.37 FEET;
THENCE SOUTH 170 52' 14"WEST 196.82 FEET TO A 1/2"IRON PIPE TAGGED L.S.4840;
THENCE SOUTH 250 56'20"WEST 393.28 FEET;THENCE SOUTH 200 10' 57"WEST 113.40 FEET
TO A 1/2"IRON PIPE TAGGED L.S. 4840;THENCE LEAVING SAID ROAD SOUTH 660 30'00"
FAST 277 FEET('DOWN A RAVINE IN SAID 43 DEEDS 300)MORE OR LESS TO THE CENTER OF
SAID PURISIMA CREED;THENCE UP THE CENTER OF SAID PURISIMA CREED, NORTH 45 1/20
EAST 16.87 CHAINS;THENCE NORTH 44 1/20 EAST 4.55 CHAINS TO THE NORTHERLY CORNER
OF THE"BUTTS RANCH";THENCE LEAVING SAID CREEK AND RUNNING ALONG THE SOUTH
LINE OF THE TRACT OF LAND HERETOFORE OWNED AND DEEDED BY SAID MARGARET BAILEY;
BY DEED RECORDED IN BOOK 29 OF DEEDS ; PAGE 575, SAN MATEO COUNTY RECORDS;
SOUTH 35 1/2° EAST 51.93 CHAINS TO A STAKE IN THE FENCE OF HENRY DABBLE;THENCE
CONTINUING ALONG SAID COURSE SOUTH 35 1/29 EAST 15 1/2 CHAINS; THENCE SOUTH 1511 r
5 1/2 CHAINS, THENCE SOUTH 310 EAST 19 CHAINS TO THE CENTER OF LOBITOS
CREED THENCE UP THE CENTER OF SAID LOBITOS CREEK TO.A POSTED MARKED"S"AND"B"
STANDING ON THE RIGHT BANK OF THE LOSITOS CREED,SAID POINT BEING THE SOUTHEAST
;.:CORNER OF THE TRACT OF LAND CONVEYED IN THEY R 1877, BY MARGARET BAILEY TO
MARGARET BANGHART;THENCE ALONG SAID TRACT 0 LAND NORTH 41 1/20 WEST 22.50
CHAINS;THENCE AT THE RIGHT ANGLES SOUTH 48.-1 WEST 32 CHAINS;THENCE AT RIGHT
ANGLES NORTH 41 1/20 WEST 58.60 CHAINS; THENCE N TH 710 WEST 10.75 CHAINS TO
THE POINT OF COMMENCEMENT: (� _
EXCEPTING THEREFROM AND RESERVING UNTO GRANTORS,THEIR HEIRS, SUCCESSORS,
AND/OR ASSIGNS,AS A MINERAL INTEREST ALL OIL, GAS,AND HYDROCARBON SUBSTANCES,
AND ACCOMPANYING FLUIDS IN, UNDER,OR PRODUCED AND SAVED FROM THE REAL
PROPERTY GRANTED HEREIN,TOGETHER WITH THE SALE AND EXCLUSIVE RIGHT TO
PROSPECT FOR, DRILL FOR, PRODUCE,AND REMOVE SUCH OIL, GAS,AND HYDROCARBON
i
SUBSTANCES, FROM SAID REAL PROPERTY BELOW THE DEPTH OF FIVE HUNDRED FEET(5001)
FROM THE SURFACE OF SAID REAL PROPERTY,INCLUDING THE RIGHT TO SLANT DRILL FROM
ADJACENT PROPERTY,THE RIGHT TO UTILIZE SURFACE STORAGE FROM NATURAL
SUBSTANCES, AND THE RIGHT TO MAINTAIN SUBSURFACE PRESSURE,AND TOGETHER WITH
A TWO (2)ACRE SURFACE DRILL SITE TO BE LOCATED BY MUTUAL AGREEMENT NOT TO BE
UNREASONABLY WITHHELD OF GRANTORS AND GRANTEES,THEIR HEIRS, SUCCESSORS,
AND/OR ASSIGNS AS EXCEPTED AND RESERVED IN THAT CERTAIN INDIVIDUAL GRANT DEED
FROM RICHARD J. ELKUS AND RUTH K. ELKUS RECORDED NOVEMBER 29TH, 1959,SERIAL NO.
89161443 (PURSUANT LOT LINE ADJUSTMENT LLA 93-0002, RECORDED FEBRUARY 14TH, 1994
SERIAL NO. 89161443).
PARCEL TWO: a
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 15 FEET IN
WIDTH,THE NORTHEASTERLY LINE OF WHICH 15 FOOT STRIP IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF PURISIMA CREEK ROAD, SAID POINT BEING
THE MOST WESTERLY CORNER OF THAT CERTAIN 2 ACRE, MORE OR LESS, PARCEL OF LAND
DESCRIBED IN THE DEED FROM JAMES TAYLOR, ET UX TO GEORGE W. SHOULTS, RECORDED
DECEMBER 11, 1882, BOOK 35 OF DEEDS, PAGE 256, SAN MATEO COUNTY RECORDS;THENCE
FROM SAID POINT OF BEGINNING SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID 2 ACRE PARCEL 650.10 FEET, MORE OR LESS,TO THE MOST SOUTHERLY CORNER
THEREOF;THENCE SOUTH 44°00- EAST 50.00 FEET TO THE TERMINUS OF SAID
NORTHEASTERLY LINE;THE NORTHERLY TERMINUS OF SAID 15 FOOT STRIP BEING THE:
CENTER LINE OF PURISIMA CREEK ROAD AND THE SOUTHERLY TERMINUS BEING IN-THE LINE
DELINEATED IN THE DESCRIPTION FIRST ABOVE AS"SOUTH 45 1/2°WEST'.
JPN: 066-020-200-02A
066-020-200-02,01A
066-019-190-03,01A
APN: 066-200-070-2
EXHIBIT B
LEGAL DESCRIPTION - PROPERTY
Exhibit B to Purchase Agreement and Escrow Instructions
55672.1
FXHIBIT `B'
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Mateo, State of California,
described as follows:
PARCEL"1"
A PORTION of Parcel B as described in that Approval of Lot Line Adjustment application
requested by The Regents of the University of California, approved by the County of San Mateo
and recorded on February 14, 1994 in Document No. 1994- 94026089 of Official Records of San
Mateo County, California, said portion lying southerly of a division line running from a point in the
general southwesterly line to a point in the general northeasterly line of said Parcel B and more
particularly described as follows;
Beginning at a point commonly known as the northerly corner of the Butts Ranch as mentioned
feet
- n h 75 43 West 961
in distant thereon South in said Document(1994 94026089), said point being stai
more or less from a 3/4"iron pipe monument tagged L.S. 4840, said iron pipe lying South 6903
1'18"East from a nail tagged LS. 4840 marking the most easterly corner of Parcel A as shown in
that Record of Survey filed on September 15, 1994 in the Office of the County Recorder in
Volume 15 of Licensed Land Surveyors Maps at Page 40, San Mateo County, California; thence
from said point of beginning North 750 40' East 960 feet more or less to said 3/4"iron pipe
monument; thence North 49023'56" East 693.31 feet to a 3/a" iron pipe monument tagged LS.
4840; thence South 32026'12" East 799.41 feet a 3/4" iron pipe monument tagged L.S. 4840;
thence South 60003'16"East 1083.05 feet a 3/4"iron pipe monument tagged L.S. 4840; thence
South 59°31'29"Fast 725.66 feet a 3/4"iron pipe monument tagged LS. 4840; thence North
74042' 17"East 587.20 feet a 3/4" iron pipe monument tagged L 5. 4840; thence South 71°4326"
East 434.49 feet a 3/4"iron pipe monument tagged LS. 4840; thence North 7000'00"East 600
feet more or less to a point in the northeasterly line of said Parcel B and being the terminus of
the herein described division line.
Excepting therefrom and reserving unto grantors, their heirs, successors, and/or assigns, as a
mineral interest all oil, gas, and hydrocarbon substances, and accompanying fluids in, under, or
produced and saved from the real property granted herein, together with the sale and exclusive
right to prospect for, drill for, produce, and remove such oil, gas, and hydrocarbon substances,
from said real property below the depth of five hundred feet(500')from the surface of said real
property, including the right to slant drill from adjacent property, the right to utilize surface
storage from natural substances, and the right to maintain subsurface pressure, and together
with a two(2)acre surface drill site to be located by mutual agreement not to be unreasonably
withheld of grantors and grantees, their heirs, successors, and/or assigns as excepted and
reserved in that certain individual Grant Deed from Richard J. Elkus and Ruth K. Elkus recorded
November 29th, 1959, Serial No. 89161443, San Mateo County Official Records.
EXHIBIT C
GRANT DEED
AND WHEN RECORDED MAIL THIS DEED AND,UNLESS OTHERWISE
SHOWN BELOW MAIL TAX STATEMENT TO
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Stephen E. Abbors, General Manager
TITLE ORDER NO. GRANT DEED
APN 066-200-070 (Portion) SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Recording Fee pursuant to Government Code 6103
THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX IS $0
Transfer Tax Exempt due to Revenue & Taxation Code 11922
GRANT:
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation_
("GRANTOR"), hereby GRANTS to MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the
California Public Resources Code, ("GRANTEE"), that certain real property located in the
Unincorporated area, in the County of San Mateo, State of California, and more particularly
described in Exhibit 'C-V attached and by this referenced incorporated herewith (the "Real
Property"), subject to all matters of record and including Four(4) Density Units attributable to
the Real Property as determined by the Rural Density Analysis prepared by the County of San
Mateo, Planning and Building Department dated October 7, 2008.
CONDITIONS, COVENANTS, LIMITATIONS AND RESERVATIONS:
This grant is made subject to the following conditions, covenants, limitations, and reservations:
1. Reservation of Trail Easement In Gross. GRANTOR hereby reserves from the
Property conveyed to the GRANTEE a trail easement in gross for the benefit solely of the
GRANTOR (know as the "Dean Trail") described and depicted as Parcel I D in Exhibit C-1. The
Dean Trail easement may be used only for pedestrian purposes and may not be used by motorized
or non-motorized vehicles. GRANTEE shall have no responsibility to maintain and repair the
Dean Trail except where the need for maintenance or repair is due to acts of GRANTEE.
Grantor shall indemnify, defend, and hold GRANTEE harmless from all liability for injury or
death to persons or damage to property from whatever cause arising out exercise by Grantor or,
its employees, volunteers, agents, contractors, consultants, officers, members, invitees or tenants
of rights granted pursuant to this Trail Easement, except where such liability is caused solely by
Exhibit C to Purchase Agreement and Escrow Instructions
55672,1
the willful or negligent acts or omissions of GRANTEE.
2. Plan for Sale and Use of Real Property. The Real Property will be held,
conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the
following conditions, covenants, limitations, and reservations, all of which are declared to be in
furtherance of a plan for the sale and use of the Real Property and the Adjacent Property, and are
established for the purpose of enhancing and protecting the value, desirability, and aesthetic
qualities of the Real Property and the Adjacent Property. Each GRANTEE of a conveyance or
purchaser under a contract of sale covering any right, title or interest in the Real Property, by
accepting a deed or contract of sale or agreement of purchase, accepts such document subject to,
and agrees to be bound by, any and all of the limitations, restrictions, covenants, and reservations
set forth herein. "Adjacent Property" means all or any part of that real property located in the
h boundaries show
n on Exhibit C-2
lying within the of San Mateo State of California,
County , Y g
attached and by this referenced incorporated herein.
3 Dedication for Public Use. The Real Property (a) shall be dedicated for public
use in accordance with Section 5540 of the Public Resources Code of the State of California, as
f and b shall be used sole] and in perpetuity for ark or
n the date hereof, p exists o � �'
that Section O Y p
open space purposes.
4. Water Rights. The owner of the Real Property shall not challenge or seek to
acquire, directly or indirectly, GRANTOR's adjudicated water rights on Purisima Creek.
5. Binding Effect. The conditions, covenants, limitations, and reservations of this
Deed are imposed on the Real Property for the direct benefit of the Real Property, the owners of
the Real Property, and the owners of the Adjacent Property as part of a plan of use, occupation,
and maintenance. All of the conditions, covenants, limitations, and reservations will run with
the Real Property and will be binding on all parties having or acquiring any right, title or interest
in the Real Property or any part thereof and will inure to the benefit of all the Real Property and
the Adjacent Property and the future owners thereof. The conditions, covenants, limitations, and
reservations established in this Grant Deed will run with the land and will be binding on all
parties (and their successors) having or acquiring any right, title, or interest in the Real Property.
6. Breach and Enforcement.
6.1 GRANTOR, any owner of any of the Adjacent Property, or any owner of
the Real Property, may, in the event of a breach of any restriction or covenant in this Deed, by
appropriate legal proceedings take steps to enjoin, abate, or remedy the breach. Damages shall
not an adequate remedy for breach, provided that no such legal proceedings shall be commenced
unless and until the owner of the Real Property shall have received written notice of the breach
and been afforded reasonable opportunity to cure the breach.
6.2 Every act or omission that violates in whole or in part the conditions,
covenants, limitations, and reservations contained in this Deed is declared to be and constitutes a
nuisance, and every remedy allowed by law or equity against a nuisance, either public or private,
will be applicable and may be exercised by GRANTOR, the owner of any Adjacent Property, or
any owner of the Real Property.
6.3 The remedies provided herein for the breach of the conditions, covenants,
limitations, and reservations contained in this Deed are cumulative; none of the remedies will be
deemed exclusive.
6.4 A breach of the conditions, covenants, limitations, and reservations
Exhibit C to Purchase Agreement and Escrow Instructions
55672.1
contained in this Deed will not affect or impair the lien or charge of any bona fide mortgage or
deed of trust made in good faith and for value, provided that any subsequent owner of the Real
Property will be bound by the conditions, covenants, limitations, and reservations, whether that
owner's title was acquired by foreclosure or in a trustee's sale or otherwise. A lender acquiring
title by foreclosure or deed in lieu of foreclosure or trustee's sale will be obligated to cure any
breach of the covenants or restrictions prior to acquisition of title but will be bound by the
covenants of this Deed.
7. Right of Enforcement. The provisions in this Deed will inure to the benefit of
and be enforceable by GRANTOR, GRANTOR's successors or assigns, and the owner of any
portion of the Real Property or Adjacent Property, and each of their legal representatives, heirs,
successors, or assigns. The failure to enforce any condition, covenant, limitation, or reservation
in this Deed will not be deemed a waiver of the right to enforce it thereafter.
GRANTOR:
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
a California corporation
By:
Its:
Dated:
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Exhibit C to Purchase Agreement and Escrow Instructions
55672,1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No:
STATE OF )SS APN No:
COUNTY OF
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
INDIVIDUAL
F7 CORPORATE OFFICER(S) TITLE(S)
F7 PARTNER(S) 7 LIMITED F-] GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
F7 GUARDIAN/CONSERVATOR
E:] OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE Reproduced by First American Title Insurance 112401
. .
.
�
�
� KIXHIBIl[ 'C-l'
LEGAL DESCRIPTION �
Real proper�' |n the unincorporated area of the County of San Mateo' StateofCaU�mlb� �
| �
| described asfollows:
PARCEL"1"
A PORTION of Parcel 8 as described in that Approval of Lot Line Adjustment application
requested by The Regents of the University of California, approved by the County of San Mateo
� and recorded on February 14, 1994 in Document No. 1994' 94826889 of Official Records of San
! Mateo County, California, said portion lying southerly of division line running from a point in the
general southwesterly line to o point in the general northeasterly line of said Parcel 8 and more
particularly described asfollows;
Beginning ata point commonly known as the northerly corner of the Butts Ranch asmentioned
in said Document(1994-94026089), said point being distant thereon South 750 43'VVnst961 feet
more or less from a 3/4^ iron pipe monument tagged L.S. 4840, said iron pipe lying South 6903
1'18"East from a nail tagged LS. 4840 marking the most easterly corner ofParcel Aasshown in |
that Record of Survey filed on September 15, 1994in the Office of the County Recorder in
Volume 15 of Licensed Land Surveyors Maps at Page4O, San Mateo County, California; thence
from said point nfbeginning North 75" 4O'East 96O feet more or less tosaid 3/4"iron pipe
monument; thence North 49023'56"East 693.31 feet to a 3/4^iron pipe monument tagged LS.
� 484O' " ' "thence South 3Z3612 East 799 41 feet ��^iron pipe monument L.S. 84O' |
� ' ' '6' ' |
thence South 60003'16^East 1083.05 feet 3/4^inon pipe monument tagged L.S. 4040; thence
South 59031`29^ Fast 725.66 feet n 3/4"iron pipe monument tagged LS. 4840; thence North
74042' 17^East 587.ZO feet a 3/4^ iron pipe monument tagged L5. 4840; thence South 7104326"
East434.4A feet a 3/4^inon pipe monument tagged L5. 4840; thence North 7000'00"East GOO
feet more or less to a point in the northeasterly line ofsaid Parcel Band being the terminus of
� the herein described division line. |
� Excepting therefrom and reserving unto grantors, their heirs, successors, and/or assigns, as
mineral interest all oil, gas, and hydrocarbon substances, and accompanying fluids in, under, or
� produced and saved from the real property granted herein, together with the sale and exclusive
� right to prospect for, drill for, produce, and remove such oil, gas, and hydrocarbon substances |
� from said real property below the depth of five hundred feet(500') from the surface of said real
� property, including the right to slant drill from adjacent property, the right to utilize surface
storage from natural substances, and the right to maintain subsurface pressure, and together
with a two (Z) acre surface drill site to be located by mutual agreement not to be unreasonably
� withheld of grantors and grantees, their heirs, successors, and/or assigns as excepted and |
reserved in that certain individual Grant Deed from Richard ]. Elkus and Ruth K. Elkus recorded |
� NovemberJ9th, 1959, Serial No. 89161443, San Mateo County Official Records.
�
PARCEL "I
RFSFPVI-NTCi 'TREKEFR(_NI a 20 wide easement for trail purposes over aportion of
Parcel L'I as d scribed in that Approval of LotLine Adjustment application requested by
"flie Iiegen, of the University cif California, approved by the County of San Mateo and
recorded on February 14, 1994 in Document No. 1994-94026069 of Official Records of
San Mateo County. California. the centerline of said 20 wide easement being more
partictilarIN, described as follnxvs:
Beginning at a point .Where the centerline of an existing, trail intersects the centerline of
an existing ridge road, said point of intersection lies South 82' 23' 04" West for 26.53
feet f1`011-1 a 3 X 4" 11-011 pipe nionurnent tagged L.S. 4840, said iron pipe lies South 60103'16"
East 108,1.()5 feet. South 59"3 1'29 East 725.66 fee". North 74'42'17" East and South
71"43'26" Last 434,49 feet from the '/," iron pipe monument tagged L.S. 480 marking
the northerly terminus ofthat -1600 foot line (more or less)called out in the herein
described Parcel 1: thence from said point of beginning along the approximate centerline
)
of said trail North 104: 33 V07 East 57.65 feet; thence North 38' 46' 36" West 59.96 feet;
thence North 48' 22' 21" West 19036 feet; thence North 68' 54' 49" West 183.45 feet;
thence North 73' 15* 02" West 365.67 feet; thence South 720 07' 14" West 141.61 feet;
thence -North 74' 04' 04" West 94.00 Feet; thence North 20' 15' 54" West 116.67 feet;
thence North 39' 14-2 1" West .56.83 feet; thence North 74' 18'44" West 148.75 feet;
thence North 59' 13' 39" West 99.24 feet: thence North 550 I'T 55" West 128.02 feet;
thence North 25' 10' 44" West 77 feet more or less to a point in the division line herein
above described in Parcel 1,-
Elk,2parcel'I 8-9.doc/dIKg
P 18109
U-4 4illt
L I X
4'
PROPOSED DIVISION LINE
661.27 546.5.3 r00'
p I -600+1— (TOTAL)
S83°50'40"E
P (PEAMING)
WORK A
PROPOSED .`0 5� G
WIDE TRAIL EASE. a N ,LG' sKzc KA I)�,
a, I AA 0 ° 1 �. 6 uc.exP. zu
DEAN TRAIL EASE. PLAT Sf�84.00 � TRIM
REFLECTING A PROPOSED TRAIL EASEMENT TO 04'o.�"1 �• � � \�• ��
BE RESERVED BY TIIE REGENTS OF THE uNrv. OF
CALIF. ;N TIIE SALE OF A PORTION OF 4PAPCFL02606 "fI" �, (�� ,/ r }� �a 3f,
AS DESCRIBED IN DOC. NO, rss4-y4026069 I`y 14, i/f-i/�� i!�/ �` y TR IL
COAIAIONI.Y KNOA'N A5 APN 066-200-0I0, SAN O 1 I,vTERS.
AIATEO CO RECORDS, sTATK OF CALIF, t� I ni Sy.gC RIDGE
THE P.EGEI�TS OF THEp C I �!` �� 43 S3!?°4�.36" ` BROAD
UNIVERMT OF CALIF. I° ti 4`� s�G5
OFFICE OF THE PRESIDENT � 0
O�b` i' f � ,�` 'o � S>
1111 FRkI ANDh CA. 9AG07FLOOH I�1 LSC4840 7 J 4`3'1 �, 3r'`7 y'+
1510 987-91:19 0
RICK SKIERKA I 5�`�!1 r� - - n�c�z°za'o�"� -t =
L1( L'�ti5'�D Lr11�tD SIIRTr �'OR IY4" IF' �� _ 6.53 (•IIE TO
!7ACCED i `� , = J IRON PIPE
PA BOX 620182 LS 4840 (DIRT) TAGGED LS4640
1(850)�51�� DE' CA. 94062
236FAY(650)- - 1536 nlnG�- oF� y
email: ?'sl.lst§sbcgloba!-net
JOB NO. 05-3 t JAN_ 2009
EXHIBIT D
PRELIMINARY TITLE REPORT (PTR)
Exhibit D to Purchase Agreement and Escrow Instructions
Order i,4umber:NCS-64470-CC
Page Number:1
3rd Supplemental
Report
AM. E A
First American Title
1850 Mt. Diablo Blvd., Suite 300
Walnut Creek, CA 94596
Connie J. Miller
University of California, Real Estate Services Group
1111 Franklin Street, 6th Floor
Oakland, CA 94607
Phone: (510)987-9033
Escrow Officer: Teri Dashwood
Phone: (925)927-2100
Buyer:
Owner: Regents of the University of California
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance,this company hereby reports that it is prepared to issue,or
cause to be issued,as of the date hereof,a Policy or Policies of Tide Insurance describing the land and the estate or interest therein
hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached.Copies of the Policy
forms should be read.They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title Insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens,defects,and encumbrances affecting We 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.
First American Title Insurance Company
. .
. .
order Number:wCS*44m-CC
Page Number:z
Dated asof June 11, 2OO9at7:3OA.M.
� The form of Policy of title insurance contemplated by this report is: �
To8eDetermined �
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
�
The Regents ofthe University ofCalifornia, a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcel 1, an easement asto Parcel 1A, 1B and 1[.
The Land referred to herein is described asfollows: �
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said �
policy form would be as follows:
�
1. General and special taxes and assessments for the fiscal year 20U9-2D10, a lien not yet due or
payable.
2. This item has been intentionally deleted.
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with �
Section 7Sof the California Revenue and Taxation Code.
�
4. Water rights, claims ur title to water, whether or not shown by the public nszonJs.
5 Easement for drainage within LobU traversing the herein described property, together
� ' with the rights of the public in and to the water and the use of such Creek, to the high water �
'mark.
Note: The Puhsinnn Creek is not a creek which traverses any porionnf Parcel 1ofthe land herein �
� 6 An easement for Pacific Gas and Electric Company, a Corporation and incidental purposes in the
� ' document recorded May 14, 1941 as Book 951, Page 334 of Official Records.
7 Puris)ma {ie�kAd1udica�on \ssuedout of the Supeho/Court of the Sate of[aUfomn\ain and for� ' o. '
the County of San Mateo, Case N 278OO7 in the matter of the Determination of the rights of
First American Ttle Insurance Company
�
Order Number:NCS-64470-CC
Page Number:3
the Various Claimants to the Water or Purisima Creek Stream Systems in San Mateo County,
California, a certified copy of which recorded May 30, 1985, Series No. 85053512, Official
Records.
Document(s) declaring modifications thereof recorded November 18, 1985 as Instrument No.
85122793 of Official Records.
Document(s) declaring modifications thereof recorded June 6, 1988 as Instrument No. 88085371
of Official Records.
Document(s) declaring modifications thereof recorded June 6, 1989 as Instrument No. 89073766
of Official Records.
Document(s) declaring modifications thereof recorded March 8, 1991 as Instrument No. 91-
025588 of Official Records.
Document(s) declaring modifications thereof recorded February 1, 1996 as Instrument No.
96012466 of Official Records.
NOTE:THE ABOVE MATTER MAY BE DELETED UPON A CONVEYANCE OF THE
PROPERTY BY THE VESTEE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
PROVIDED SUCH CONVEYANCE CONTAINS AN EXPRESS PROVISION THAT ALL
WATER RIGHTS ASSOCIATED WITH SAID PROPERTY ARE RESERVED AND RETAINED
BY SAID VESTEE.
8. Rights of parties in possession.
INFORMATIONAL NOTES
1. According to the public records, there,has been no conveyance of the land within a period of
twelve months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First 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.
First American Title Insurance Company
.
| ' '
| order mumbermCG-6+nV{C
Page Number:w
�
LEGAL DESCRIPTION �
�
Real property in the unincorporated area ofthe County of San Mateo, State nfCalifornia, �
described asfollows:
PARLEL"1~
A PORTION of Parcel 8 as described in that Approval of Lot Line Adjustment application
requested by The Regents of the University of California, approved by the County of San Mateo
and recorded on February 14, 1994 in Document No. 1994- 94026089 of Official Records ofSan
Mateo County, California, said portion lying southerly ofa division line running from a point inthe �
general southwesterly line to a point in the general northeasterly line of said Parcel B and more �
particularly described asfollows;
Beginning at a point commonly known as the northerly corner of the Butts Ranch as mentioned
in said Document(1g94'g4026O89), said point being distant thereon South 75" 43'West 961feet
more or less from a 3/4"iron pipe monument tagged L.S. /840, said iron pipe lying South 699 �
1'18"East from a nail bagged L5. 4840 marking the most easterly corner of Parcel Aasshown in
that Record of Survey filed on September 15, 1994 in the Office of the County Recorder in �
Volume 15 of Licensed Land Surveyors Maps at Page 40, San Mateo County, California; thence
�
m � point North 7S� 4O' �ast96Ohuetn�onsor �sstosaid 3�"innn pipe
'— -- d [- |
n '---'— �-nenceNodb4A"Z]'S6"East 693.31 feet toa34 monument
— —' thence "ironpipemonuenttaggedL�.
^^^ Gouth32"�6'12"E�st7S9.41faeta ��"inonpipe monument tagged LS. 484O;
thence South 6O"O3'16" East 1083.05 feet 34"iron pipe monument tagged L.S. 4840; thence
� South 1�Q"Fast 725.66 feet a3�"iron pipe n�onun�enttagged LS. 484O; thence Nor�� �
�—'--���.���a �"\� �� r�un��� L5. 4�; ���� 71v��� /
' � �- -----434.49hee±a3/4"\ronpipen�onun�enttaooed L� 4840; thence No�h7=OO�O"Ea�60)
'feet more or less toapoint in the northeasterly line of said ParcelB and being the terminus of
the herein described division line.
/
Excepting therefrom and reserving unto grantors, their heirs, successors, and/or assigns, as �
mineral interest all oil, gas, and hydrocarbon substances, and accompanying fluids in, under, or
produced and saved from the real property granted herein, tooetherwith the sale and exclusive
� hghttoprospect for, dd|| for, produce, and remove such oiL -s, and hydrocarbon substances, �
� from said real property below the depth of five hundred feet(500') from the surface of said real
� property, including the right to slant drill from adjacent property, the right to utilize surface
storage from natural substances, and the right to maintain subsurface pressure, and together
with abwu(2) acresu surface r
� �a drill site to be located by mutual agreement not to be unreasonably |
|
withheld of grantors and grantees, their heirs, successors, and/or assigns as excepted and
� reserved \n that certain individual Grant Deed from Richard J. Elkus and Ruth K. Elkus recorded
November 29th, 1959, Serial No. 89161443, San Mateo County Official Records.
|
PARCEL^1A" |
TOGETHER WITH A NON-EXCLUSIVE EASEMENT for ingress and egress over the lands conveyed �
to Donald M. Layne and Laura 3. Layne, husband and wife, by deed recorded on October 10, �
1978 in Book 7786 of Official Records at Page 2349 (File No. 24490AN), Records ofSan Mateo �
County, California, said easement to be a 35-footwWe strip of land of which the centerline is !
� more particularly described aafollows: �
Beginning at point which is the centerline intersection ofPuhsima Creek Road and a 12fout |
First American 7DYe In5zxance{lnqcax?y �
|
�
. .
, .
Order Number:mCS-6447mCC
Page Number:s
wide paved driveway, said point bearing South 36u2l`Z2"West 31B.7Ofeet from which a 3/4 inch
pipe iron �� monument marks the northwesterly corner and being the terminus of that course called
North 2^ 15'VVesi14O.UO \n the Exception of Lands asmendonedin the above said docun�ent(7786 O.R. 2349)| thence along the centerline of said 12 foot wide paved driveway South �
�
55084'06" Emst41.22 feat; thence South 43043'51"East 577.82feet; thence South 38021'51,East
108.68feet; thence South 5O"1793"East 53.O7 feet; thence South 61032'23"East 17O feet more
or less to the lands conveyed to The Regents of the University of California by deed recorded on
December 30, 1975 in Book 7016 of Official Records at Page 197 (File No. 26049/Q), Records of
San Mateo County, California and being the terminus of the herein described easement. |
� EXCEPTING THEREFROM so much of said easement as may lie outside the hereinabove
mentioned Lands of Layne.
� The above described easement was created by that Grant of Easement from Donald M. Layne |
� and Laura J. Layne to The Regents of the University of California recorded on September 8, 1986 |
� in Document No, 86109214 of Official Records in the Office of the County Recorder, San Mateo
� County, California.
� PAR[EL"18" |
� TOGETHER WITH A40 FOOT WIDE NON-EXCLUSIVE EASEMENT for ingress, egress and public
� utilities over a portion of Parcel Basdescribed in that Approval of Lot Line Adjustment application
� requested by The Regents of the University of California, approved by the County of San Mateo
� and recorded on February 14, 1904 in Document No. 1994'94026089 of Official Records ofSan
Mateo County, California, the centerline of said 40 foot easement being more particularly |
�
� described asfollows;
� Beginning at a point where the general northerly line of the hereinabove mentioned Parcel B
intersects the centerline extension of an existing 12 foot wide paved road running from Purisima |
Creek Road as described in that Grant of Easement from Donald M. Layne and Launa]. Layne to |
the Regents of the University of California recorded on September 8, 1986 in Document No.
86109214, said point of intersection being on a bridge in the center of Purisima Creek as
described in thence from said point of intersection also beginning and along the centerline of said
road South 66v5132"East 127.61 feet; thence South 79"47'51"East 73.34 feet; thence South
72^22'22"East S8.17 feet; thence South 27"24'51"East 7].65 feet; thence South 24v3G'04"East |
109.08heet' thence South 42"11'10^East 1J5.3O feet; thence South 64^U7'12"East 139.O7feet;
thence South 49"O4'14"East 4U.79feet; thence South 3S=32'19"East 46.46 feet tompoint
hereinafter referred to as point"A"and being the terminus of the herein described
PARCEL"1C" /I el��
!
TOGETHERVVITHANON'EXCLUSIVEEAGEMENTfuringress, egnessandpubUcutiUMesovera
portion of Parcel B as described in that Approval of Lot Line Adjustment application requested by
The Regents of the University of California, approved by the County of San Mateo and recorded,
on February 14, 1994 in Document No, 1994' 9402689 of Official Records of San Mateo County, |
California, said portion being more particularly described as follows:
Beginning at Point"A"as herein above referred to in Parcel 18, said point being in the center of
an existing road; thence from said point of beginning and leaving said centerline, South ,
67036'09"VVestI77.3Z �et; thence South 27»43'42"VVest267.94 feet; thence South 53v3O'48 |
West 339.3Ofeet; thence South 26°S1'0Z" East 2O4.31 feet; thence South 16»2116" East 5O7.93
� feet to a 3/4"iron pipe monument tagged L.S. 4840 marking an angle point in the northerly
flr,,t American 7ltle Insurance Company
Order Number:NCS-64470-CC
Page Number:6
boundary line of the above described Parcel"I"; thence along said boundary line North 32°26'12"
West 799.41 feet to a '/a"iron pipe monument tagged L.S, 4840 ; thence continuing along said
boundary South 49023'56"West 693.31 feet to a 3/4"iron pipe monument tagged L.S. 4840;
thence leaving said boundary North 2803346"West 9458 feet; thence North 47056'10"East;
thence North 47056'10"East 1175.75 feet; thence North 77021'56"East 449.57 feet to a point in
the centerline of the above mentioned road; thence South 35032'19"East 46.46 feet to the point
of beginning.
EXCEPTING THEREFROM so much as may line within the above the hereinabove described Parcel
113
APN: 066-200-070 (portion)
First American Title Insurance Company
1
Order Number:NCS-64470-CC
Page Number:7
NOTICE I
Section 12413.1 of the California Insurance Code,effective January 1, 1990,requires that any tide insurance company,underwritten title company,or
controlled escrow company handling funds in an escrow or sub-escrow capacity,wait a specified number of days after depositing funds,before
recording any documents in connection with the transaction or disbursing funds.This statute allows for funds deposited by wire transfer to be
disbursed the same day as deposit.In the case of cashier's checks or certified checks,funds may be disbursed the next day after deposit.In order to
avoid unnecessary delays of three to seven days,or more,please use wire transfer,cashier's checks,or certified checks whenever possible.
If you have any questions about the effect of this new law,please contact your local First American Office for more details.
NOTICE rCE ri
As of January 1,1991,if the transaction which is the subject of this report will be a sale,you as a party to the transaction,may have certain tax
reporting and withholding obligations pursuant to the state law referred to below:
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code,a buyer may be required to withhold an amount equal to three and
one-third percent of the sales price in the case of the disposition of California real property interest by either:
1 A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the
proceeds be sent to a financial intermediary of the seller,OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollars($500).
However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or
be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000),OR
2. The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a resident of California,or if a corporation,
has a permanent place of business in California,OR
3. The seller,who is an individual,executes a written certificate,under the penalty of perjury,that the California real property being conveyed
is the seller's principal residence(as defined in Section 1034 of the Internal Revenue Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from
withholding on a case-by-case basis.
The parties to this transaction should seek an attorney's,accountant's,or other tax specialist's opinion concerning the effect of this law on this
transaction and should not act on any statements made or omitted by the escrow or closing Officer.
The Seller May Request a Waiver by Contacting:
Franchise Tax Board
Withhold at Source Unit
P.O.Box 651
Sacramento,CA 95812-0651
(916)845-4900
First American Title Insurance Company
. w
. .
Order Number:mCS-e4470-Cc
Page Number:8
�
� Privacy Policy
� We Are Committed to Safeguarding Customer Information '
� In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information - �
particularly any personal or financial information. VVe agree that you have a right to know how wewill
utilize the personal information you provide tous. Therefore, together with our parent company, The �
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your �
personal information.
�
Applicability �
This Privacy Policy governs our use of the information which you provide to us. lt does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader �
guidelines that govern our use of personal information regardless of its source. First American oaUy these
guidelines its Fair Information Values, a copy of which can be found on our websiteatwvww.firstam.com.
Types m*Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that
we may collect include: �
�noth�rcommunicat�nstous,
* Informabonwer���ehomyouonapp\icatons, fbrmsand
whether in writing, in person, by telephone or any other means;
° Information about your transactions with us, our affiliated companies, or others; and
° Information we receive from a consumer reporting agency.
Use of Information
� We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or(2)as permitted by law.
We may, however, store such information indefinitely, indud\ngthe pehodafter which any customer
relationship
iphasoaasad. Such infonneUonmay be used for any internal purpose, such ayqua|�ycontrol �
efforts or VVe may also provide all of the types o[nonpubUc personal |nformadon �
� "' of affiliated Such af�\iatedcompanies indudeMnanda|
� |istedobove�ooneormore our .
service providers, such as title insurers, property and casualty insurers, and bust and investment advisory
companies or companies involved in real estate services, such as appraisal companies, home warranty
companies'' andesonowcompanies. Furthermore, vve may also provide all the information we collect, as
i that perform �
d�mcribedahove, hocompan�s a pa r �
companies, or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
�
� Former Customers
� Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
VVe will use our bes' fheodsto ensure that no unauthorized par�icshave access to any ofyour
� information VV� -- \c±accesmtononpub|\cpesona\ infbrma�onaboutyoutothoseindividua|sand
' restr
ict
entities who need bo know that information to provide products or to you. We will use our best
� efforts to train and oversee our employees and agents to ensure that your information will be handled
� responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We �
�
First American Title lnsunanneCompany �
�
c
order Number:NCS-64470-CC
Page Number:9
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
1
First American 7-Itle Insurance Company
Order Number:NCS-64470-CC
Page Number:10
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'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 notice of such
proceedings,whether or not shown by the records of such agency or by the public records.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land
or which may be asserted by persons in possession thereof.
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. ce thereof;(c)water rights,claims
5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance
or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the public records.
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,attomeys'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 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. e excise thereof has been recorded in the public records at Date of Policy,but not excluding
2. Rights of eminent domain unless notice of ther
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy,NA known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or
failure of any subsequent owner of the indebtedness,to comply with applicable"doing business"laws of the state in which the land is
situated. evidenced by the
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction
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 their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
d. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or
prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of
any violation of any such law,ordinance or governmental regulation. e public records at
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in th
Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
First American Title Insurance Company
Order Number:NCS-64470-CC
Page Number:11
date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or
created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I 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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or tide to
water. furnished,imposed by law and not shown by the public
6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furn
records.
4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A.ENDORSEMENT FORM I COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or
prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area,of the land,or the effect of
any violation of any such law ordinance or governmental regulation. rights appears in the public records at
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the
insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or
completed at Date of Policy).
4. Unenforceabdity,of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable"doing business"laws of the state in which the land is situated.
5.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One I 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. e public records but which could be ascertained by an inspection of said land
2. Any facts,rights,interests,or claims which are not shown by th
or by making inquiry of persons in possession thereof. shown by the public records.
3. Easements,claims of easement or encumbrances which are not other facts which a correct survey would disclose,and
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any
which are not shown by public records. ts or in Acts authorizing the issuance thereof;water rights,claims or title to
5. Unpatented mining claims;reservations or exceptions in paten
water.
First American Title Insurance Company
order Number:NCS-64470-CC
Page Number:12
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public
records.
6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH A.L.T.A.ENDORSEMENT FORM I COVERAGE
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 or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant;
(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy);or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or
failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is
situated.
5. Invalidity or unenforceabiiity 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 of priority of any statutory lien for services,labor or materials over the lien of
the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of
federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(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.
7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 8
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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records. claims or title to
5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,
water.
First American Tide Insurance Company
Order Number:NCS-W70-CC
Page Number:13
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public
records.
8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
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:
t. (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; e
(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy;or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation
of federal bankruptcy,state insolvency,or similar creditors'rights laws,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
(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.
9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE 6
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:
Part One:
the records of any taxing authority that levies taxes or assessments on real
1. Taxes or assessments which are not shown as existing liens by
property 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 said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to
water. furnished,imposed by law and not shown by the public
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter
records.
10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY-1987
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from:
First American Title Insurance Company
Order Number:NCS-64470-CC
Page Number:14
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 *environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it,unless:
•a notice of exercising the right appears in the public records on the Policy Date
•the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
*that are created,allowed,or agreed to by you
*that are known to you,but not to us,on the Policy Date-unless they 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 tide.
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 the access coverage in Item 5 of Covered Title Risks.
It.EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
Covered Risks 14(Subdivision Law Violation).15(Building Permit).16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from:
1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and
regulations concerning:
a.building b.zoning
c.land use d.improvements on the land
e.land division f,environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the
Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it,unless:
a.a notice of exercising the right appears in the Public Records at the Policy Date;or
b.the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a.that are created,allowed,or agreed to by You,whether or not they appear in the Public Records;
b.that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date;
c.that result in no loss to You;or
d.that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8A,22,23,24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and
b.in streets,alleys,or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
12.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM I COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
First American TI-de Insurance Company
Order Number:NCS-64470-CC
Page Number:15
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(N)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.This exclusion
does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this 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.This exclusion does not limit the coverage provided under insuring provisions 14,15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
Knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a)created,suffered,assumed or agreed to by the Insured Claimant;
(b)not known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured Claimant;
(d)attaching or created subsequent to Date of Policy(this paragraph(d)does not limit the coverage provided under insuring provisions 7,8,
16, 17, 19,20,21,23,24 and 25);or
(e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceatillity 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:
(a)usury,except as provided under insuring provision 10 of this policy;or
(b)any consumer credit protection or truth in lending law. n the Land subsequent to Date of Policy.
6., Taxes or assessments of any taxing or assessment authority which become a lien o e operation of
7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of th
federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(b)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(c)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i)to timely record the instrument of transfer;or
(0)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. s made after the
8. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modification
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this Policy.This
exclusion does not limit the coverage provided under insuring provision 7. Date of Policy,and all interest charged
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Da
thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at:
(a)The time of the advance;or
(b)The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest
is greater as a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
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:
Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured
Mortgage when they arise:NONE.
13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
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:
Part One:
First American Title Insurance Company
Order Number:NCS-W70-CC
Page Number:16
I 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.
1 Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims;reservations or exceptions in patents or in acts authorizing the issuance thereof;water rights,claims or title to
water.
& Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public
records.
Part Two: which liens will have priority over the lien of the Insured
Environmental protection liens provided for by the following existing statutes,
Mortgage when they arise:NONE
First American Title Insurance Company
EXHIBIT E
MATERIALS
The Regents of the University of California ("Seller") is exempt from California Disclosure Law
and has supplied the following documents to the District for information purposes only:
A. Chain of Title documents
B. Appraisal Report prepared by N.A. Lefmann Associates dated
December3 l, 2007
C. Donation Letter from Richard J. Elkus dated October 29, 1975
between The Regent of the University D. Lease Agreement b g Y of California
g
dated November 1988, Amendment dated November 1991 and Amendment dated
November 1994
E. Rural Density Analysis prepared by San Mateo County dated April 3, 2007
and October 7, 2008
F. Water Availability Analysis - Lobitos Creek prepared by Stetson
Engineers, Inc. dated May 31, 2005
G. Copy of Phase I Preliminary Sire Assessment Due Diligence Report for
the Disposition of University Property dated June 23, 2004 prepared by Robert
Charbonneau,R.E.A.
H. Natural Hazards Disclosure Statement
I. Grazing agreement effective May 1, 2009
J. Oil and Gas Well Letter and Attachments dated July 22, 2009
Exhibit E M Purchase Aoreement and Escrow Instructions
EXHIBIT F
GRANT OF ACCESS EASEMENT
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
I
The Regents of the University of California
c/o Real Estate Services Group
I I I I Franklin Street, 6 h Floor
Oakland, CA 94607-5200
Attention: Director of Real Estate
i
With copy to: j
i
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Stephen E. Abbors, General
Manager
G
E
i
i
No Recording Fee pursuant to Government Code 6103
THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX IS $0
Transfer Tax Exempt due to Revenue & Taxation Code 11922
GRANT OF ACCESS EASEMENT
THIS AGREEMENT dated , 2009, is by and between THE
REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation (hereinafter
referred to as "Grantor"), 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 referred to as "Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real property in San Mateo County, State of
California(hereinafter referred to as the "servient tenement") and described in Exhibit F-1
attached hereto and incorporated herein by reference as though set forth in full; and
WHEREAS, Grantee is the owner of certain real property in San Mateo County, State of
California(hereinafter referred to as the "dominant tenement") and described in Exhibit F-2
attached hereto and incorporated herein by reference as though set forth in full.
Exhibit F to Purchase Agreement and Escrow Instructions
NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND, the parties hereto agree as
follows:
I. GRANT. For valuable consideration Grantor hereby grants to Grantee a non-
exclusive easement as hereinafter described.
2. CHARACTER OF EASEMENT. The easement granted herein is appurtenant to the
dominant tenement.
3. DESCRIPTION OF EASEMENT. The easement granted herein is a non-exclusive
right to use the land described herein for District operational purposes including but not limited
to access, patrol, resource management and maintenance purposes by Grantee and its employees,
volunteers, agents, contractors, consultants and tenants, and shall not be for used for public
access purposes by any party not so enumerated.
4. LOCATION. The easement granted herein is a 35-foot wide strip of land compromised
of Parcel 1.A, 40-foot wide strip of land comprised of Parcel I B (also known as "Elkus Road")
and a parcel of land within Parcel I C, all of which are more particularly described in Exhibit F-3
and depicted in Exhibit F-3-a attached hereto and incorporated herein by reference as though set
forth in full, which shall be referred to herein as the Non-Exclusive Access Easement Area.
5. USE BY DOMINANT TENEMENT. The easement granted herein includes the
following use of the servient tenement: Us of the Non-Exclusive Access Easement Area for
ingress and egress to and from the dominant tenement pursuant to the terms of Section 3, above.
g g
6. COVENANTS AND CONDITIONS. Grantee's use of the Non-Exclusive Access
Easement Area shall be subject to the following:
6.1 Grantee shall maintain a locked gate across the Non-Exclusive Access Easement
Area between the dominant and servient tenements;
6.2 Grantee shall maintain and repair at Grantee's sole cost and expense the "I C"
portion of the Non-Exclusive Access Easement Area together with any improvements
constructed or installed thereon by Grantee or associated with Grantee's use of the "1 C" portion
except where the need for repair or maintenance is due to acts of Grantor;
6.3 Grantee shall comply with all applicable laws, ordinances and regulations,
including but not limited to all applicable regulatory, environmental and safety requirements at
Grantee's sole cost and expense;
6.4 Grantee shall not use, deposit or permit the use or deposit of any hazardous
material or toxic waste or other harmful substances on the Non-Exclusive Access Easement
Area;
6.5 At Grantor's expense, Grantor may relocate the Non-Exclusive Access Easement
Area if in the opinion of Grantor the location of the Non-Exclusive Access Easement Area
unreasonably interferes with the present or future use by Grantor of the servient tenement,
provided that Grantor shall provide to Grantee a substitute Non-Exclusive Access Easement Area
reasonably suited to Grantee's needs, with substantially the same width and providing Grantee
substantially the same ability to access the dominant tenement described herein at no cost to
Grantee;
6.6 Grantee's use of the Non-Exclusive Access Easement Area shall not materially
interfere with the use by and operation and activities of Grantor on its property, and Grantee shall
Exhibit F to Purchase Agreement and Escrow Instructions
use such routes and follow such reasonable procedures on Grantor's property as result in the least
damage and inconvenience to Grantor,
6.7 Grantee shall repair any damage to the servient tenement resulting from Grantee's
use of the Non-Exclusive Access Easement, including but not limited to soil erosion, subsidence
or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition
any of the servient tenement, including, but not limited to, roads, utilities, buildings and fences
that may be altered, damaged or destroyed as a result of Grantee's use of the Non-Exclusive
Access Easement Area; no unreasonable interference by Grantor;
6.8 Grantee's use of the Non-Exclusive Access Easement Area is under the express
condition that Grantor is to be free and held harmless from all liability by reason of injury or
death to persons or injury to property from whatever cause arising out of Grantee's, its
employees, volunteers, agents, contractors, consultants, officers, members, invitees, or tenants
exercise of rights granted pursuant to use of the Non-Exclusive Access Easement or of the
improvements or personal property of Grantee thereto or thereon, including any liability for
injury or death to the person or property of Grantee, its employees, volunteers, agents,
contractors, consultants, officers, members, invitees, or tenants under the control or custody of
Grantee. Grantee hereby covenants and agrees to defend and indemnify Grantor, its officers,
employees, agents, students, invitees, and guests and save them harmless from any and all
liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses
caused or claimed to be caused by the use of the Non-Exclusive Access Easement by Grantee,
however occurring, other than those caused solely by the willful or negligent acts or omissions of
Grantor;
6.9 Grantee alone shall pay any and all taxes, charges, or use fee(s), if any, levied by
any governmental agency against District's interest in the Non-Exclusive Access Easement Area
or against any of Grantor's real property as a sole and direct result of the Non-Exclusive Access
Easement being granted. Grantee shall not cause any liens of any kind to be placed against the
Non-Exclusive Access Easement Area or the servient tenement; and,
6.10 Grantee shall not operate or allow operation of vehicles or equipment in excess of
twelve (12) tons on the Non-Exclusive Access Easement Area.
7. USE BY SERVIENT TENEMENT. Grantor reserves, for itself and its successors and
assigns, the right to use the Non-Exclusive Access Easement Area or to grant other easements or
licenses at the same location so long as such uses do not unreasonably interfere with the rights of
Grantee. Grantor shall not unreasonably interfere with Grantee's rights of use under this access
Easement
8. SECONDARY EASEMENTS. The easement granted herein includes incidental
rights of maintenance, repair, and replacement held by the owner of the dominant tenement under
law, and the following:
8.1 The right to remove or move existing fences located on said easement to the
borders of the easement at Grantee's sole cost and expense.
8.2 The right to maintain, repair, resurface, or surface the entire width of the easement
or any portion thereof or to install curbs, gutters, and sidewalks at Grantee's sole cost and
expense.
8.3 The right to install, maintain, repair, move and replace the utility services
described in paragraph 5 of this Agreement.
Exhibit F to Purchase Agreement and Escrow Instructions
8.4 The right to temporary use of contiguous land as may be reasonably necessary to
the Grantee for the installation, maintenance, repair, and if necessary, replacement of the right-of-
way or utilities.
9. MAINTENANCE. The dominant and servient tenements as to parcels 1 A and I B,
shall share the cost of repair and maintenance of the Non-Exclusive Access Easement Area
including trail and brush clearing in proportion to the percentage of use each makes of the right-
of-way. Neither shall be liable for costs of repair or maintenance incurred by the other except
with the prior written assumption by each of its proportionate share of financial liability for the
cost of such repair or maintenance. The parties agree to act reasonably in apportioning financial
liability. If the parties are unable to agree on apportionment either may initiate a request for
arbitration and the matter shall be settled in accordance with the commercial arbitration rules of
the American Arbitration Association. Grantor shall have no responsibility to maintain and
repair any portion of the Grantee's improvements to parcel 1 C except where the need for
maintenance or repair is the result of the acts of Grantor.
10. BINDING ON SUCCESSORS. This Agreement shall run with the land and inure to the
benefit and be binding upon the assigns, successors in interest, of each of the parties hereto.
11. COOPERATION. Grantor and Grantee shall cooperate in the execution, delivery and
recordation of such documents and agreements requested by either party as are reasonably
necessary to carry out the purpose of this Agreement.
12. ATTORNEY'S FEES. In the event of any controversy, claim, or dispute relating to this
instrument or the breach hereof, the prevailing party shall be entitled to recover from the other
party reasonable attorney's fees, and expenses and costs.
IN WITNESS WHEREOF the parties hereto have executed this instrument the day and
year first above written.
GRANTEE:
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
By
Its:
Exhibit F to Purchase Agreement and Escrow Instructions
GRANTOR:
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, a California corporation
By:
Its:
[ACKNOWLEDGMENTS FOLLOW]
Exhibit+to Purchase Agreement and Escrow Instructions
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No:
STATE OF )SS APN No:
COUNTY OF
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify Linder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
[❑ INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Insurance 112001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No:
STATE OF )SS APN No:
COUNTY OF
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify Linder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
❑ INDIVIDUAL
CORPORATE OFFICER(S) TTTLE(S)
PARTNER(S) ❑ LIMITED ❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Tate Insurance 1/2001
EXHIBIT F-1 to GRANT OF EASEMENT
Description of Property of Servient Tenement
Exhibit Fto Purchase Agreement and Escrow Instructions
EXHIBIT `F-l'
llm( l B a,, i escrflx d i1, t at ppro�al of I:ot line Adjustment application requested by
I ia! Rci-mit: of the ('niversity of California, approved by the Comity of San Mateo and
tccor�lcd on 1=ei-)ruary 14, 1991 ill Document No. 1994-94026069 of Official Records of
`�<irr '�tat��; C�mm�t ,. t'rmlift7iti��.
l N'C 1'-'PI 1NIG "d H PIE.FROM a portion of the above mentioned Parcel B lying southerly
ofto I i e dividing said lands as said line is more particularly described as follows;
Beginning at a paint comnionlN�known as the northerly corner of the Butts Ranch as
mentioned in said Document (1994-94026069), said point being distant thereon North
751 4 3' West 960 felt more or less froth a'fa°' iron pipe, monument tagged L.S. 4840 as
said iron pipe lies South 69°31"18" lest 1317.17 feat frotrt a nail tagged L.S. 4840
<, shown in that Record of Survey filed on
rrmarktn flee mast easterly corner of Parcel � as s y
March 15, 1994 in the (--)ffice of the County Recorder in Volume 15 of Licensed Land
Surveyors 'vlaps at Page. 40, San Mateo Count, California; thence from said point of
begituung South 75' 43' Last 960 test more or less to said '/" iron pipe monument;
thence 'North 49"23*56" least 693.3 t feet to a'/,- iron pipe monument tagged L.S. 4840;
thence South 32"26'12" East 799.4 t feet a'r4" iron pipe monument tagged L.S. 4840;
thence along a 2600 foot (+,'-) long line South 8 '50'40" East 991.03 feet to a point
,..vhich beats North 6`'09'20" East 436.89 feet frown a f4" iron pipe monument tagged L.S.
4840; thence: continuing South 83°50'40" East 661.27 feet to a point which bears North
6"09'20" 1✓ast 735.74 feet firom a ?f" iron pipe monument tagged L.S. 4840;thence
continuing South 83°50'40"East 546.53 feet to a point which bears North 6009'20"East
521.00 feet fronn a '.a" iron pipe monument tagged L.S. 4840; thence continuing South
83°50'40" Fast 400 feet more or less to a point in the northeasterly line of said Parcel B
and being the terminus of the herein described division line.
Elk2Parcel'2' 1-28-9.doc/letters
V. )8/09
I
= c:
ajr
�l�`
EXHIBIT F-2 to GRANT OF ACCESS EASEMENT
Description of Property ert of Dominant.Tenement
I
I
Ekhibit F 10 Pirrehase Aurcement and Esc
row II1SU'LIC6011S
> XHIBIT `F-2'
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Mateo, State of California,
described as follows:
PARCEL"1"
A PORTION of Parcel B as described in that Approval of Lot Line Adjustment application
requested by The Regents of the University of California, approved by the County of San Mateo
and recorded on February 14, 1994 in Document No. 1994- 94026089 of Official Records of San
Mateo County, California, said portion lying southerly of a division line running from a point in the
general southwesterly line to a point in the general northeasterly line of said Parcel B and more
particularly described as follows;
Beginning at a point commonly known as the northerly corner of the Butts Ranch as mentioned
in said Document(1994-94026089), said point being distant thereon South 751 43'West 961 feet
more or less from a 3/4"iron pipe monument tagged L.S. 4840, said iron pipe lying South 6903
1'18"East from a nail tagged LS. 4840 marking the most easterly corner of Parcel A as shown in
that Record of Survey filed on September 15, 1994 in the Office of the County Recorder in
Volume 15 of Licensed Land Surveyors Maps at Page 40, San Mateo County, California; thence
from said point of beginning North 750 40' East 960 feet more or less to said 3/4 iron pipe
monument; thence North 49023'56"East 693.31 feet to a 3/4"iron pipe monument tagged LS.
4840; thence South 32026'12"East 799.41 feet a 3/4"iron pipe monument tagged L.S. 4840;
thence South 60003'16" East 1083.05 feet a 3/4"iron pipe monument tagged L.S. 4840; thence
South 59031'29"Fast 725.66 feet a 3/4"iron pipe monument tagged LS. 4840; thence North
74042' 17"East 587.20 feet a 3/4"iron pipe monument tagged L 5. 4840; thence South 71043'26"
East 434.49 feet a 3/4"iron pipe monument tagged LS. 4840; thence North 7000'00"East 600
feet more or less to a point in the northeasterly line of said Parcel B and being the terminus of
the herein described division line.
Excepting therefrom and reserving unto grantors, their heirs, successors, and/or assigns, as a
mineral interest all oil, gas, and hydrocarbon substances, and accompanying fluids in, under, or
produced and saved from the real property granted herein, together with the sale and exclusive
right to prospect for, drill for, produce, and remove such oil, gas, and hydrocarbon substances,
from said real property below the depth of five hundred feet(500') from the surface of said real
property, including the right to slant drill from adjacent property, the right to utilize surface
storage from natural substances, and the right to maintain subsurface pressure, and together
with a two (2) acre surface drill site to be located by mutual agreement not to be unreasonably
withheld of grantors and grantees, their heirs, successors, and/or assigns as excepted and
reserved in that certain individual Grant Deed from Richard J. Elkus and Ruth K. Elkus recorded
November 29th, 1959, Serial No. 89161443, San Mateo County Official Records.
EXHIBIT F-3 to GRANT OF ACCESS EASEMENT
Description of Access Easement
Exhibit F to Purchase Agreement and Escrow Instructions
EXHIBIT 'F-31
PA kC L,L I A
TOGETHER �VITH NON-FXCLI JSIVE FASFA,14-,iN-.' for ingress and egress over the
lands convcy'-du) DonaldIN4. Layne and Laura .]. Layne, husband and wife, by deed
recorded on October 10. 197S in Book *17786 of Official Records at Page 2349 (File No.
24490AN), IZccorchi of San lMateo County, California. said easement to be a 35-foot wide
strip of land of which the centerline is more particularly described as follows:
Beginning at a point which is the centerline intersection of Purisima Creek Road and a 12
foot wide, paved driveway, said point bearing South 36'21'22" West 318.70 feet from
Which a 34 inch iron pipe monument marks the northwesterly corner and being the
ierminUS of-that course called North 42'151 West 140.00 in the Exception of Lands as
mentioned in the above said document(7786 O.R. 2349); thence along the centerline of
said 12 trot ,vide paved driveway South 55'04106"East 41.22 feet; thence South
43'43*5 1- East -577.82 feet-, thence South 38'21'5 I-East 108.68 feet,thence South
50'1 7`53" East 53,07 feet; thence South 61'22'213" East 170 feet more or less to the
lands conveyed to The Regents of the University of California by deed recorded on
December 30, 1975 in Book- 7016 of Official Records at Page 197 (File No. 26049AJ),
Records of San "Mateo County, California and being the terminus of the herein described
easement.
EXCEPTING THEREFROM so much of said easement as may lie outside the
hereinabove mentioned Lands of Layne.
The above described easement was created by that Grant of Easement from Donald M.
Layne and Laura J. Layne to The Regents of the University of California recorded On
September S. 1986 in Document No. 86109214 of Official Records in the Office of the
County Recorder, San Mateo County, California.
PARC12]
F00'I WtDh N0N-F_X('I,U,_,I\IT EASEN,,IFNT for ingress,
�1114 U:'J't'e.S ON'ej' to ort�orj c)-?ai
.3 -ce] B as dcscribed in that Approval of Lot
L inc JU1,01-leM -,IPP"ication rccjucs!,cd bv The Regents of the UII'Vels1i
tv of California,
appr(wed by the. couiit� of and recorded on February 14 994 in Document
No I g9-1-94026069 of0flicial Records o-f,Sail Mateo County. California. the centerline
of said 40 foot easement being mi-,)re particu arl; descn'bed as follov.'S.
Beginning at a point where the general northerly line of the hereinabove mentioned
Parcel Ij intersects the centerline extension of In existing 12 foot-,vide paved road
described in that Grant of Easement from Donald
running from Plirlsima Creek Road as c
M. Lavrie and Laura J. Lavne to the Regents of the university of California rewrded on
I -
1986 in Docunien, id
September ; , No. 86109214. said point of intersection being on a
bridge in the center of Purisirna Creck. thence fi-orn said point of"beginning and along the
centerline of said paved road South 66'5 1'32" Fast 1",7.61 feet; thence South 79'47'51"
East 73.34 feet: thence South 72'22'22" East 58.17 feet; thence South 27'24'51" Fast
73.65 feet; thence South '24'26'04" Fast 109.()S feet; thence South 42"1110" East 125.30
feet- thence South 64(107'12" East 139.07 feet! thence South 49'04'14" East 40.79 feet;
thence South 35'32'19" Last 46.46 iect to a point hereinafter referred, to as "Point A"and
being the terillijius of the herein described 40 foot xvide casement.
E ALK-03 L:*_I_(,_"
TOGE-rHER, NN"ITH A ,\ION-EXCLUSFVF_ EASEMENT for ingress. egress and public
utilities over a portion of Parcel B as described in that Approval of Lot Line Adjustment
application requested by The Regents of the t.,niversity of California. approved by the
County of Sail Mateo and recorded on February 14, 1994 in Document No. 1994-
94026069 of Official Records of San Mateo Count,,,. California, said portion being more
particularly described as follows:
Beginning at "Point A" as here)" above referred to in Parcel I B, said point being in the
cl
center of an existing paved road-, thence from said point of beginning and leaving said
centerline, South 67,3609" West 277.32 feet; thence South 27c43'42" West 267.94 feet;
thence South 53131048" West 239-30 feet,thence South 26'51'02" East 204.31 feet;
thence South 16'2 116" East 5 07.9'-', feet t,o a iron pipe monument tagged L.S. 48401
markinp. ar, anole point lht northerly boundary line ofthe above described Parcel "I";
thence atom, said bounciar� I'Mc, North 3202612" %Vest 799.41 feet to a 3/4" iron pipe
illonumeni Tagged L.S. ",rIS40: -,hence continuing o!on- said boundary South 49'23'56"
We-sl 693.31 i�et to La iron PLI)c monument ta(,ged L.S. 4840: thence leaving said
bomidary Nord, 28 "Y416" 'West 9:4.58 feet, thence North 47'56'10" East 1175.75 feet;
thence 'Mi-th 1-"a5t 1175.75 feet; thenc,- North 77'2 1 156"East 449.57 feet to a
[)oml In the centerline ol'the above mentioned paved road; thence South 35032'1911 East
46,46 "eel to the point
EXCF.PTFNG so inuch as may line within the hereinatmve described
P arse I "I B
--- -- -----
EXHIBIT F-3-a
Depiction of Access Easement
III
Exhibit IF to Purchase Agreement and Escrow Instructions
77
rz YtXcrrXC AREAS DPSCRIARD IN A PROPOSED
I�1 O1 (N71•#'A SALE BY THE REGCNTS OF THE UNIVERSITY or
• .� CALIFORMA BEING A PORTION Or PARCEL 'R'
(10.75 CHS.)A '`�i+,r AS DESCMED IN DOC. NO. 1 9 94--94 026069 ti
4/ SN�RKA
Op N71 00 6' COMMONLY XNDRE AS S, 066 OF CALIF.SAI
Q Lq.assa � �%��• O �Gj fS MATcO CO. RECORDS, STATE OF CLI
i .rp ; . gr4/ 709.50 �23 �, --FOR--
THE uc.��. ti :ry
v �`�' THE REGENTS OF THE
�•: � ' � �/ �. sel Oc70 UNIVERSITY OF CALIF.
OFFICE OF THE PRESIDENT
1111 FRANKlJN ST,-6TH FLOOR
?•` Q �1I ,,��rVQ 11 OMAND, CA. 94607
• (510)987-9139
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RICK SKIERKA
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o8s1�Q (650)851 -1236 FAX(650)322-f 536
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Exhibit G - 1
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!' Stock Watering Pond 1
Approximately 35-foot diameter.
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San Mateo County half-foot resolution color
Y orthophotography obtained October 2005.
Approximate center of pond:
E 122 23'32.534"W 37 24'28.137"N.
.� SW 1/4 of the SE 1/4 of Section 15, T6S R5W within
Canada de Verde y Arroyo de la Purisima land grant.
LT
Page 1
Exhibit G -2
"top 4v
40
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Stock Watering Pond 2
• Approximately 30 feet - ►
10,
wide and 45 feet long.
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s - 4r W* dIL
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-
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+►:- San Mateo County half-foot resolution color
orthophotography obtained October 2005.
• Approximate center of pond:
• 122 23'8.61 1 "W 37 24'33.497"N.
SW 1/4 of the SW 1/4 of Section 14, T6S R5W
Canada de Verde y Arroyo de la Purisima land grant.
I LT
Page 2