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HomeMy Public PortalAboutResolution - 77-37- 19770817 - Eldridge PropertyRESOLUTION NO. 77-37 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENTS TO PUR- CHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE (S) OF ACCEPTANCE OF GRANT(S) TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (S) (MONTE BELLO OPEN SPACE PRESERVE ADDITION - ELDRIDGE PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space Dis- trict does hereby resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property between D. F. Eldridge and the Midpeninsula Regional Open Space District dated August 18, 1977, a copy of which is affixed hereto and marked Exhibit 1 (Agreement No. 1) and does hereby accept the offer con- tained in that certain Agreement to Purchase Real Property between D. F. Eldridge and the Midpeninsula Regional Open Space District dated August 18 , 1977, a copy of which is affixed hereto and marked Exhibit 2 (Agreement No. 2), and authorizes the President or other appropriate officer to execute said agreements on behalf of the District when the signature of the Seller has been obtained on Agreement No. 2. Section Two. The President of the Board or other appropriate offi- cer is authorized to execute a certificate of acceptance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the Seller. The Gen- eral Manager further is'authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction(s). * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 77-37 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on August 18 regular meeting thereof, by the following vote: AYES: NOES: , 19 77 at a K. Duffy, D. Wendin, E. Shelley, H. Turner and N. Hanko None ABSTAIN: None ABSENT: B. Green and R. Bishop ATTEST: APPROVED: i/ Acting Secretary, Board of D`i�re ors President, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. District Clerk /41.46Sf /wy e:7414.1-1:1- 1 AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN D. F. ELDRIDGE, hereinafter called "Seller", and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "Buyer" or "District". 1. PURCHASE. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located in the City of Palo Alto, County of Santa Clara, State of California, described as Parcel 4 in the property description referred to in preliminary title report. no. 168634-A, dated March 1, 1977 from Valley Title Company, designated Exhibit A and attached hereto and made a part hereof by reference, as outlined in red on exhibit map attached to preliminary title report no. 168634-A. 2. PURCHASE PRICE; PAYMENT. The total purchase price shall be $562,500, payable at the close of escrow. 3. %TITLE AND POSSESSION. Title and possession to the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, easements, assessments, restrictions, rights and conditions of record other than current taxes, public utility easements, the pending legal action referred to in paragraph 4 hereof, exception number 8 shown in preliminary title report no. 168634-A and any other encumbrances acceptable to District as evidenced by a standard policy of title insurance to be paid for by District. 4. RESERVATION OF RIGHTS. Seller excepts and reserves, and the grant deed shall so provide, all rights in and to the subject property with respect to that certain legal action involving Seller, as plaintiff, and the City of Palo Alto, as defendent (Santa Clara County Superior Court Case No. 282965); Seller also reserves all rights to any award made to Seller in said action except as hereinafter provided, together with the right to require the District to convey the subject property or an interest therein to the City of Palo Alto if the court in said action determines that the City of Palo Alto is entitled thereto. It is the intent of the Seller and the District that neither this Agreement nor the sale and conveyance of the subject property to the District shall defeat or diminish the rights of Seller asserted in said action or provide to the City of Palo Alto any defense thereto. The final decision of a court of competent jurisdiction entered after good faith, bonafide opposition of Seller, holding that this Agreement or delivery of the grant deed pursuant hereto defeated or diminished such rights of Seller or provided to the City of Palo Alto a defense thereto shall, ipso facto, cause this Agreement and said grant deed to be void ab initio. The provisions of this paragraph 4 shall not merge in said grant deed and shall survive the recording thereof. In the event that the court in said action does finally determine that title to the subject property or an interest therein is in the City of Palo Alto by reason of inverse condemnation or that said City is entitled to have said property or interest conveyed to it, and, further, the court makes an award of compensation in said action to the Seller or there is a reversion of title to Seller under any provisions of this Agreement, the District shall be entitled to repayment of the consideration paid for the subject property under this Agreement, plus interest at 6% from the date of closing of escrow. Seller shall indemnify the District and be personally liable for such repayment and reasonable attorney's fees. Said Grant Deed shall expressly provide that if there is a reconveyance or reversion of.title to Seller as provided herein, the District shall have the lien of a first mortgage on the property and any judgment awarded in said action as security for such repayment. The first lien shall be over and above any claims to the award by Seller or third parties and shall take priority over attorney fees and any other expenses of the litigation. It is under- stood that this provision does not become operative unless the court in said action determines that title to the subject property or an interest therein has been or should be vested in the City of Palo Alto or makes a determination that effects a reversion of title to Seller hereunder. If there is a reconveyance or reversion of title to Seller, and the Court in said action makes a final deter- mination that neither title to the subject property nor any interest therein is in the City of Palo Alto or to be conveyed to it by Seller, then Seller thereupon shall convey title to the subject property to the District for cash in an amount equal to any repayment, including interest, previously made by Seller to District pursuant to this paragraph 4, plus interest at the rate of 6% per annum from the date of such repayment to the date of such conveyance of title and other- wise on the terms set forth herein. This paragraph 4 shall have no further force or effect if the action is not brought to trial within five years as set forth in Section C.C.P. 583 from the date of the close of escrow. -2- This Agreement is binding on the heirs, successor and assigns of the Seller and District. Seller agrees that the District will not be made a party by Seller in sa.td action with the City of Palo Alto on the grounds that the District has inversely condemned the subject property, or a defendent in any other action for that reason. 5. ESCROW TITLE INSURANCE PRORATIONS. (a) Escrow. Upon execution hereof an escrow shall be opened with Valley Title Company, -at its San Jose, California office or at such other title company as may be agreeable to the parties. Escrow shall close within sixty (60) days from the date of execution of this Agreement. (b) Costs and Prorations. All costs of escrow shall be paid by District. Current taxes and other items of expense shall be prorated as of the close of escrow. 6. Seller represents and warrants that Seller has not entered into any oral or written leases or rental agree- ments on all or any portion of the subject property or given any permission or consent to anyone, expressly or impliedly, to occupy said property, and Seller agrees to hold the District harmless from and reimburse the District for any and all liability, losses and expenses occasioned by reason of any lease or rental agreement on the property entered into by Seller. It is understood, however, that the failure of Seller to remove or to undertake to remove persons on the adjoining or the subject property without permission shall not be deemed to constitute implied permission by Seller for such persons to occupy the adjoining or the subject property. 7. Seller shall retain possession of the property conveyed up to and including the date of recording of the grant deed conveying title to District. IN WITNESS WHEREOF, Seller and District have executed this Agreement this /1 day of. a 1977. 4(), D. F. Eldridge d MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By -3- • ,• t ''gyp ' /'a1 • VALLEY TITLE COMPANY X.. 300 South First Street —San Jose. 292.7150 - 3550 Stevens Creek Blvd. -243.4269 - P.O. Box 90156 —San Joss, 95157 - 2354 Alum Rock Avenue —San Jose 251.8500 - 1741 Saratoga Av enue—San Jose. 252.2975 — 1670 Hillsdale Avenue —San Jose, 267-0520 — 445 Blossom Hill Roars -225.4224 P.O. Box 23855 —San Jose, 95154 PRELIM1NARY REPORT Application No. 168634-A BP _ 6531 Crown Blvd., Suite *8.268.5541 San Jobe, 95120 ,_. 616 Ramona Street — Palo Alto. 326-7892 _605 Castro Street • Mt. View, 963.4427 247 So. Methilda Ave..Sunnyvale. 245-0240 10825 S. Saretoga.Sunnyvate Rd.• 253-7630 P.O. Box 720. Cupertino, 95014 1930 So. Bascom Ave... Campbell. 371.7891 In response to the above roforenead ap I'.zaiion for a poky of title insurance, VAL LEY TITLE COMPANY hereby report's that it is prepared to issue, or cause to be issoaci, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set -forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facil- itating the issuance of a policy of title insurance and no liability is assumed hereby. ff it is desired that liability be assumed prior to the issuance of a policy of title insurance, a minder or Com- mitment should be requested. Doted as of March 1 ., 19 77 at 7:30A.I. VALLEY TITLE COMPANY CA,11-01.2rfrl.11/// VICE PRESIDENT �.r The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee Title to said estate or interest of the date hereof is vested in: ALYCE LEE BURNS, a married woman, by Trustee's Deed recorded June 14, 1976 in Book C080 of Official Records, at page 598, as to Parcels 1, 2 and 3 and D.F. ELDRIDGE, as to Parcel 4. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: (Continued on next page) VTC 218 CP/mjg Pane I 168634--A Page 2 1. Taxes for the fiscal year 1977-1978 a lien, but not yet due or payable. 2. Taxes for the fiscal year 1976-1977. Receipt No. 351-6-8. Code 06-031. First Installment amounting to $1,020.88, has been paid. Second Installment amounting to $1,020.88, due and payable. (Affects Southerly portion of Parcel Four) Receipt No. 351--6-8-1. Code 06-031. First Installment $1,981.73, has been paid. Second Installment $1,981.73, due and payable. (Affects portion of Parcels One, Two and all of Three) Receipt No. 351--6-18. Code 06-031. First Installment $665.34, has been paid. Second Installment $665.34, due and payable. (Affects Northerly portion of Parcel Four) Receipt No. 351-6-18-1. Code 06-031. First Installment $3,648.92, has been paid. Second Installment $3,648.92, due and payable. (Affects Easterly portion of Parcels One and Two) Receipt No. 351-12-9. Code 06-036. First Installment $95.57, has been paid. Second Installment $95.57, due and payable. (Affects Southerly portion of Parcel Two) 3. Sale to the State of California on June 30, 1971 for non-payment of both installments of County Taxes for the fiscal years 1970-1971; 1971-1972; 1972-1973; 1973-1974 and 1974-1975. See Receipt No. 351- 6-8 in the 1970 delinquent rolls. The amount to redeem on or before March 31, 1977 is $44,203.38. (Installment Payments) (Affects Southerly portion of Parcel Four) 4. Sale to the State of California on June 30, 1971 for non-payment of both installments of County Taxes for the fiscal years 1970-1971; 1971-1972; 1972-1973; 1973-1974 and 1974-1975. See Receipt No. 351-6-8-1 in the 1970 delinquent rolls. The amount to redeem on or before Marc} 31, 1977 is $72,253.68. (Installment Payments) (Affects portion of Parcels One, Two and all of Three) 5. Sale to the State of California on June 30, 1971 for non-payment of both installments of County Taxes for the fiscal years 1970-1971; 1971-1972; 1972-1973; 1973-1974 and 1974--1975. See Receipt No. 351-6-18 in the 1970 delinquent rolls. The amount to redeem on or before March 31, 1977 is $4,375.45. (Installment Payments) (Affects Northerly portion of Parcel Four) 6. Sale to the State of California on June 30, 1971 for non-payment of both installments of County Taxes for the fiscal years 1970-1971; 1971-1972; 1972-1973; 1973-1974 and 1974-1975. See Receipt No. 351-6-18-1 in the 1970 delinquent rolls. The amount to redeem on or before March 31, 1977 is $111,934.84. (Installment Payments) (Affects Easterly portion of Parcels One and Two) (Cont'd on next page) 168634-A Page 3 7. Sale to the State of California on June 30, 1971 for non-payment of both installments of County Taxes for the fiscal years 1970-1971; 1971-1972; 1972-1973; 1973-1974 and 1974-1975. See Receipt No. 351-12.9 in the 1970 delinquent rolls. The amount to redeem on or before March 31, 1977 is $3,811.24. (Installment Payments) (Affects Southerly portion of Parcel Two) 8. The right of the public to use as a roadway so much of the herein described premises lying within the bounds of Page Mill Road, Monte Bello Road and any and all existing roadways. 9. Right of way granted by Louis Oneal, Inc., a corporation, to Pacific Gas and Electric Company, a corporation, by Deed dated May 1, 1929 and. recorded August 15, 1932 in Book 619 of Official Records, page 406, and reference is hereby made to the record thereof for further. particulars. (Affects Parcel Four) 10. Easement and night of way granted by Hugh L. Ross, also known as Hugh Lambert Ross, et ux, to Pacific Gas and Electric Company, a corporatic by Deed dated January 30, 1933 and recorded February 11, 1933 in Book 644 of Official Records, page 158, and reference is hereby made to the record thereof for further particulars. (Affects Parcel Two and Four) 11. Easement and right of way granted by Bertha A. Hayes to Pacific Gas and Electric Company, a corporation, by Deed dated August 14, 1941, and. recorded September 15, 1941 in Book 1048 of Official Records, page 67, and reference is hereby made .to the record thereof for further particulars. (Affects Parcel Two) 12. Right of way granted by Louis Oneal, Inc., a corporation, to Pacific Gas and Electric Company, a corporation, by Deed dated August 14, 1941 and recorded September 25, 1941 in Book 1053 of Official Records, page 538, and reference is hereby made to the record thereof for further particulars. (Affects Parcel One and Parcel Three) 13. The right granted by Anna Oneal and Bertha A. Hayes to George F. Morell, by Deed dated January 14, 1946, recorded January 17, 1946 in Book 1302 of Official Records, page 367, to use and travel over the old wood road running from Monte Bello Road to the Northerly portion of the East 1/2 of the Northeast 1/4 of Section 14, T. 7 S., R. 3 W., M.D. B. 6M. (Affects Parcel One) 14. Right of way 10 feet in width, over said land, granted by Alyce Lee Burns to The Pacific Telephoneand Telegraph Company, a corporation, to construct, etc., underground wires, cables andother electrical conductors, poles associated conduits, marker and incidental by instrument recorded April 4, 1958 in Book 4045 ofOfficial oRecords page 573, and reference is hereby made to the record thereof for further particulars. (Affects Parcels One and Two) (Cont'd on next page) lam\ ei°11\ 168634-A Page 4 15. An easement for the installation and maintenance of an underground drain line, in, under, over and across a strip of land 10 feet in width, lying equally on each side of a line which begins at a point on the Southwesterly line of the herein described 1.388 acre parcel of land, distant thereon South 27° 06' 24" East 205.00 feet from the most Westerly corner of said parcel; thence South 42° 52' 36" West 55.00 feet, as granted to the City of Palo Alto in the Final Judgment of Condemnation recorded November_.:13 , 1964 in Book 6740 of Official Records, page 287, Santa Clara County Records. (Affects Parcel Three) 16. A Notice of Pendency of Actionentitled, "Donald F. Eldridge, also known as D.F. Eldridge and Marian T. Eldridge, his wife, vs. Alyce Lee Burns, a married woman, Emmett Burns, her husband,.Transamerica Title Insurance Company,a corporation, and Bank of America National Trust 6 Savings Association, a national banking corporation", the purpose of the Action being to enjoin defendants' wrongful extrajudicial foreclosure of a Deed of Trust, to quiet plaintiffs' title to said real property, for declaratory relief, for specific performance of an unconditional right to a release of said property from the lien of said Deed of Trust, for the statutory penalty for violation of Civil Code 2 941 and consequential damages, and for 'attorney fees, recorded August 8, 1974 in Book B033 of Official Records, page 161, Santa Clara County Superior Court; Case No. P26800. (Affects a portion of said land) A pendency out of the above Action No. P26800 was recorded December 1, 1974 in Book 8209 of Official Records, page 218, the purpose being to foreclose that Deed of Trust made on March 15, 1968, in which D.F. Eldridge and Marian T. Eldridge, his wife, were trustors Transamerica Title Insurance Company, a California corporation, was trustee, and Alyce Lee Burns, a married woman, was beneficiary and recorded in the office of the County Recorder of Santa Clara County, State of California, in Book 8057, at page 694, Series No. 3384186 of the Official Records of the Recorder; and for such other relief as is proper and for costs of suit. (Affects all of said land) 17. An Action entitled Donald F. Eldridge, also known as D.F. Eldridge, vs. City of Palo Alto, amunicipal corporation, recorded March 9, 1976 in Book 8907 of Official Records, page 680, Superior Court, Santa Clara County; Case No. 282965. The object of the action is to recover just compensation in the sum of $4 million as provided by the federal and CaliforniaCalifornYa Constitut�`.r, for the taking of said property for public open space use as stated in the complaint for inverse condemnation on file; for plaintiff's costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees; interest from the date of taking and for such further relief as the court deems proper. (Cont'd on next page) j'1.11\ J \ f 168634--A Page 5 18. Deed of Trust dated June 11, 1976 and recorded June 14 1976 in Book C080 of Official Records, page 604, executed by Alyce Lee Burns, a married woman, as Trustor, to Continental AuxiliaryCompany, a California corporation, as Trustee and Bank of America National Trust and Savings Association, a national banking association, as Beneficiary to secure payment of $516,061.49 and other sums as therein provided. (Affects Parcels One, Two and Three) 19. Any community interest of the spouses of the vestees herein. -4 NOTE: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: NONE DESCRIPTION All that certain parcel of land situate in the City of Palo Alto, County of Santa Clara, State of California, described, • as follows:. (Cont'd on next page) 168634--A Page 6 PARCEL ONE: The Northwest 1/4 of Section 14; the North 1/2 of the Southeast 1/4 of Section 15; all that portion of the Fractional Northwest 1/4 of Section 15, lying Easterly and Southerly of the center line of the Page Mill Road, and all that portion of the South 1/2 of the Northeast 1/4 of Section 15, 1vinp Easterly and Southerly of the center line of Page Mill Road; all in Township 7, South Range 3 West, Mount Diablo Base and Meridian. EXCEPTING THEREFROM all that portion thereof included within the hounds of the County of San Mateo, State .of California. ALSO EXCEPTING THEREFROM all that portion of the South 1/2 of the Northeast 1/4 of Section 15 lying Easterly and Southerly of the centerline of Page Mill Road and lying East of a line drawn due South from the intersectic of the centerline of Page Mill Road with the division line between the County of Santa Clara and the County of San Mateo; said division line being designated as "South 81° 15' East" between "Station 64 and Station 65", all being shown on that certain Record of Survey recorded July 18,1951, in Book 32 of Maps, page 33. PARCEL TWO: Beginning at the Quarter Section corner on the center of Section 15, Township 7 South,Range 3 West, M.D.M., and running thence along the Quarter. Section line running East and West throught the center of said Section 15 North 89° 30' West 23.58 chains to a stake marked D.M. 13 standing at they intersection of said Quarter Section line with a picket fence from which stake the Quarter Section corner between Sections 15 and 16, bears Nort:: 89 1/2° West 17.27 chains said .stake D.M. 13 being the Northwesterly corner of that 79 acre tract, more or less deeded to Lambert Dornberger by Deed dated September 7, 1886 and recorded in Book 88 of Deeds, page 67 inthe office of the County Recorder of Santa Clara County, California running thence along the said picket fence, and the Westerly line of said 79 acre tracl South 42 1/4° East 9.67 chains to a 6" x 6" fence post marked D -M 12, and South 17 1/2° East 4.80 chains to an elderberry tree marked D -M 11 standing at the end of said picket fence; thence running along the East side of a ravine South 22 3/4 East 2.43 chains, South 14 3/4° West 1.65 chains to a leaning laurel 30 inches in diameter marked D -M 9, South 6 1/2° East 1.22 chains, South 44 3/4° East 2.85 chains to Station D.M. 7, South 71 3/4° East 1.15 chains to a live oak tree marked D -M 6, South 18 1/4° East 1.27 chains to a white oak marked D -M 5, South 16° East 2.80 chains, South 18 1/4° East 4.30 chains, South 30 1/4° East 3.80 chains, South 39° East 1.20 chains,. South 11 1/2° East 1.29 chains to the center of Stevens Creek; thence upon the center of said Creek, South 12° West 2.31 chains South 5 1/4° West 1.20 chains to Station; South 17 1/4° West at 0.70 chains to a point from which the Quarter Section corner between Section 15 and 22, Township 7 South, Range 3 West, bears North 83 3/4° East 5.80 chains at 1.72 chains to Statior, South 10° East 2.00 chains South 36 3/4° West 1.95 chains to station near the confluence of two ravines forming Stevens Creek; thence up the center (Canted on next page) ,141111.) 168634.-A Page 7 of the Southerly ravine, outh 12 3/4° East 1.40 chains, South 25 1/4° £apt 2.30 chains, South 28 1/4° East 1.15 chains, South 22 3/4° East 1.20 chains, South 9 1/4° East 1.80 chains, South 34 1/4° East 1.90 chains, South 20 1/4° East 1.80 chains, South 14 3/4° West 1.73 chains South 63 3/4° West 2.40 chains, South 50 3/4° West 2.87 chains, South 41 3/4° West 1.23 chains to the confluence of two ravines, South 46 3/4° East 0.90 chains to station in road to Dornberger from which Station a pine oak tree 5" in diameter bears North 82 1/2° East 0.50 chains, thence continuing along the Westerly line of the aforementioned 79 acre tract South 2° East 4.96 chains, South 8° East 2.53 chains to a tan oak 8" -in diameter marked D.M. 4, South 22° West 4.00 chains to a pine tree 6 feetin diameter marked "D.M. 3"; thence leaving the Westerly line of the aforementioned 79 acre tract and running North 78° 17' East y 11.72 chains to a stake marked D.3 standing at the most Southerly corner of the fence around an old orchard; thence along the fence on the Southerlysi of said orchard and the prolongation of said fence, North 64° 55' East7 de chains to a stake marked D.4 standing in a fence running Northwest and '82 .Southeast; thence North 54° 05' East 11.88 3/4 chains to a fence postmarked D.5 standing at the corner of two fences; thence North 30° 11' East 9.20 chains, cross ravine at 10.47 chains, a leaning madrone 10" in diameter at 12.57 chains a redwood tree 8 feet in diameter at 15.42 chains a madrone tree 4 feet in diameter at 18.38 chains a tan oak tree 4 feet in diameter and at 23.24 chains to station in the center of the Stevens Creek from which Station a 2" x 3" stake marked W.P. bears South 30° 11' West 20 links and from which stake a tan oak 12" in diameter bears South 18 1/2° West 0.15 chains and a leaning tan oak 9" in diameter bears South 83 1/4° West 0.28 chains, running thence along the center of the Stevens Creek, Southeasterly the courses and distances: South 55° 30' East 1.75 chains North 60° 56' followings t 1.95 chains, South 30° 56' East 2.00 chains, South 48° 36' East 1.39 chainssNorth 84° 091East 1.81 chains, South 9° 38' East 1.07 chains, South 88° 34' East 1.49 chains, South 66° 45' East 1.23 chains South 21° 54' East 2.73 chains, South 58 24' East 2.23 chains, South 59° 40' East 3.07 ns 50 59 East 1.31 chains, South 41° 49' East 3.35 chains, South 83°119' South East 2.85 chains, South 41° 40' East 1.87 chains, South 58° 24' East 1.70 chains, South 42° 43' East 1.25 chains, South 74° 15' East 2.41 chains to East line of the West one-half of the Northwest t Quarter of Sec. 23. T. 75. F i.. he 3W., M.D.M. thence along said East line North 0° 35' West 14.56 chains to the Northeast corner of the West one-half of the Northwest Quarter of Sec. 23 T. 7S,- R. 3W., M.D.M.; thence along the section line running between Sectic 14 and 23, T. 7S., R. 3W. . East 39.65 n' of that 80 acre tract deeded DM oArthur J. chains to the Southwest corner recorded in Book.177 of Deeds, page 390 in�he officend by dofated April 4, 1895 and y of Santa Clara County, California; thence along the Westerlyy ofCoun said 80 acre tract, North 3° 35' East 40.51 chains to the Northw d said 80 acre tract in the est corner of Quarter Section line running East and West through the•.center of Section 14. T. 7S., R. 3W., M.D.M., thence along the Quart Section line running East and West through the center of said Section er West to the Quarter Section corner on the West line of said Section 14, along the West line of said Section 14, Southerly 20.15 chains to a 4"' then -:e stake standing at the Northeast corner of the South one-half of the Southeast Quarter of Section 15 T. 7S., R. M• of the South one-half of the Southeast uarte thence along the North line q r of Section 15, North 88° 30' (Cont'd on next page) 168634-A Page 8 West 40.80 chains to the Northwest corner of the South one-half of the Southeast Quarter of said Section 15; thence along the Quarter Section line running North and South through the center of said Section 15, North 2° East 18.15 chains to the .place of beginning, being parts of Sections 14, 15, 22 and 23, T. 7S., R. 3W., M.D.M. EXCEPTING THEREFROM that portion thereof conveyed by Sada Coe Robinson to John H. Richey by Deed dated March 13, 1950 and recorded April 26, 1950 in Book 1967 of Official Records, page 406 and more particularly described as follows: Beginning at the point of intersection of the Southerly line of the Skyline Boulevard, as the same existed in January 1950, with the Westerly line of the 454.89 acre parcel of land conveyed by Bertha A. Hayes to Sada Coe Robinson by Deed dated January 14, 1946, and recorded January 17, 1946, in Book 1266 of Official Records, page 531, Santa Clara County Records, thence from said point of beginning Southerly along said Westerly line of the 454.89 acre parcel above referred to, to the most Southerly corner thereof at a pine tree 6 feet in diameter marked D.M. . 3 , thence Northeasterly along the Southerly line of the said 454.89 acre parcel to the intersection thereof with the said Southerly line of the Skyline Boulevard; thence Westerly along said line to the point of beginning, being a portion of the North .1/2 of Section 22, Township 7 South,Range 3 West, M.D.B.6M. ALSO the right of way from the lands and premises above described to the County Road, reserved in the Deed from Lambert Dornberger to Frances Mayer, dated June 25, 1875 and recorded July 29, 1875 in Book 36 of Deeds, page 506, Santa Clara County Records. ALSO the right to take, appropriate and use the water of a certain sprinE. situated on the Northwest Quarter of Section 22, Township 7, South, Range 3 West M.D.M., and Northerly from the above mentioned Madrone Tree marked D.M. 2, said spring being the same heretofore used by Lambert Dornberger; also the right to lay down, keep and maintain suitable and proper pipes to conduct said water and to make, erect, keep and maintain there at all necessary and suitable improvement for collecting, storing and using said water and also the right of way for egress and ingress to and from said spring, over, upon and across the land of Frances Mayer. Also the right of way over the travelled road leading from the Page Mill Road to the premises of Lambert Dornberger; all as reserved in the deed from Lambert Dornberger to Frances Mayer, dated September 7, 1886 and recorded December 18, 1886 in Book 87 of Deeds, page 202, Santa.Clara County Records. PARCEL THREE: All that portion of the South1/2 of the Northeast 1/4 of Section 15, Township 7 South, Range 3 West, lying Easterly and Southerly of the centerline of Page Mill Road and lying East of a line drawn due South from the intersectior of the center line of Page Mill Road with the division line between the County (Cont'd on next page) /' ► fi""gN 168634_A Page 9 of Santa Clara and the County of San Mateo, said division line being designated as "South 81°.15' East" between "Station 64 and Station 65" all being shown on that certain Record of Survey recorded July 18, 1951 in Book 32 of Maps, page 33. EXCEPTING THEREFROM the following described parcel of land: A portion of the Northwest 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 15, Township 7 South, Range 3 West, M.D.B.6M., and being more particularly described as follows: Beginning at an - iron pipe in. the center line of Page Mill Road, (40.00 feet wide) on the North line of the South 1/2 of the Northeast 1/4 of said Section 15: thence along said North line, South 89° 10' 07" East 1041.62 ir on to an pipe on the Easterly line of a private road (20.00 feet in width) known as Montebello Road; thence along said Easterly line with the following courses and distances: Southerly along the arc of a curve to the right the tangent of which bears South 24° 32' 08" East having a radius of 170 feet, through a central angle of 24° 57' 27" an arc distance of 74.05 feet to an iron pipe; thence South 0° 25' 19" West 193.74 feet to an iron pipe at the beginning of a curve; thence along the arc of a curve tothe left, having a radius of 440 feet; through a central angle of 11° 49t 15" an arc distance of 90.78 feet to an iron pipe at a point of compound curvature; thence along the arc of a compound curve to the left, having a radius of 50 feet, through a central angle of 97° 34' 30" an arc distance of 85.15 feet to an iron pipe; thence North 71° 01' 34" East 50.28 feet to an iron pipe at the beginning of a curve, thence along the arc of a curve tothe right, havinga radius of 80.00 feet, through a central angle of 88° 36' 55 an arc distance of123.73 feet to an ironpipe; thence South 20° 21/ 4 iron 41.75 feet to an pipe at the beginning of a curve; thence along the arc of a crve to the left having a radius of 205.00 feet; through a central angle of 25° 37' 10" an arc distance of 91.66 feet to an iron pipe; thence South 45° 58' 41" East 45.38 feet to an iron pipe at the beginning of a curve; thence along the arc of a curve to the right, having a radius of 185.00 feet, through a central angle of 22° 49' 15" an arc distance of 73.69 feet to an iron pipe; thence South 23° 09' 26" East 141.68 feet to an iron pipe; thence leaving said Easterly line of Montebello Road North 89° 10' 07" West 1698.75 feet to an iron pipe in the center line of said Page Mill Road; thence along said centerline with the following courses and distances:. North 40° 21' 34" East 116.35 feet to a 3/4 inch iron pipe; North 20° 54' 34" East 179.86 feet to a 3/4 inch iron pipe; North 13° 34' 04" East 230.02 feet to a 3/4 inch iron pipe and North 6° 54' 43" East 273.98 feet to the point of beginning. ALSO EXCEPTING FROM above mentioned Parcels No. 1 and No. 3 the following described propertyas conveyed in the Final Judgment of Condemnation recorded November 13, 1964, in Book 6740 of Official Records, page 287, described as follows: (Cont'd on next page) 168634--A Page 10 Beginning at an iron pipe in the center line of Page Mill Road marking the .most Westerly corner of that certain 22.270 acre tract of land conveyed by Alice Lee Burns to Harry J. Beyer,Jr., et al, dated March 18, 1963 and recorded June 20, 1963 in Book 6071 of Official Records, page 412, Records of Santa Clara County, California; thence North 88° 50' 27" East along the Southerly line of said Tract of land 1327.57 feet to the true point of beginning; thence from said true point of beginning North 88° 50' 27" East 361.43 feet; thence South 12° 36' 47" East 87.70 feet; thence South 47° 53' 36" West 171.00 feet; thence South 72° 53' 36" West 140.00 feet; thence North 27° 06' 24" West 263.00 feet to the true point of beginning, and being a portion of Section 15, Township 7 South, Range 3 West, M.D.B.SM. ALSO EXCEPTING FROM all the lands hereinabove described so much thereof as lies within the following described parcel of land: Beginning at the center of Section 15, Township 7 South, Range 3 West, M.D.B.CM., thence Westerly along the Quarter Section line through the center of said Section 15, North 89° 30' West 1556.28 feet more or less to a stake marked "D.M.13", standing at the intersection of said Quarter Section line with a picket fence from which stake the Quarter Section corner between Sections 15 and 16, bears North 89° 30' West 1556.28 feet more or less, said stake "D.M.13" being the Northwesterly corner of that tract of land deeded to Lambert Dornberger by Deed dated September 7, 1886 and recorded in Book 88 of Deeds, page 67 in the office of the County Recorder of Santa Clara County, California, said point being the TRUE POINT OF BEGINNING, thence from said TRUE POINT OF BEGINNING Westerly along said Quarter Section line running through the center of said Section 15 North 89° 30' West to the division line between San Mateo County and Santa Clara County; thence Northerly and Easterly along said county division line, 1636 feet more or less, to the center line of Page' Mill Road; thence Easterly along the centerline of Page Mill Road, 1230 feet more. or less, to said County division line; thence Easterly along said County Division line to a point lying 350 feet East of a line running North and South through the center of said Section 15; thence Southerly along a line, parallel with a North and South section line through the center of Section 15, said line being 350 feet East of the center of Section 15, to the Northerly Rightof Way line of Skyline Boulevard; thence along theNortherly Right of Way line of Skyline Boulevard Westerly to the Westerly line of the 454.89 acre parcel of land conveyed by Bertha A. Hayes to Sada Coe Robinson by Deed dated January 14, 1946, and recorded January 17, 1946 in Book 1266 of Official Records, page 531, Santa Clara County Records; thence Northerly along said Westerly line of the 454.89 acre parcel of land to the TRUE POINT OF BEGINNING. • (Cont'd on next page) /4""\40, . 4015034-H Page 11 PARCEL FOUR:. Beginning at the center of Section 15, Township 7South, Range 3 West, M.D.B.EM., thence Westerly along the Quarter Section line through the center of said Section 15, North 89° 30' West 1556.28 feet more or less to a stake marked "D.M.13", standing at the intersection of said Quarter Section line with a picket fence from which stake the Quarter Section corner between Sections 15 and 16, bears North 89° 30' West 1556.28 feet more or less, said stake "D.M.13" being the Northwesterly corner of that tract of land deeded to Lambert Dornberger by Deed dated September 7, 1886 and recorded in Book 88 of Deeds, page 67 in the office of the County Recorder of Santa Clara County, California, said point being the TRUE POINT OF BEGINNING, thence from said TRUE POINT OF BEGINNING Westerly along said QuarterSection line runningthrough the center of said Section 15 North 89° 30' West to the division line between San Mateo County and Santa Clara County; thence Northerly and Easterly along said county division line, 1636 feet more or less, to the center line of Page Mill Road; thence Easterly along the centerline of Page Mill Road, 1230 feet more orless, tosaid County division line; thence Easterly along said County Division line to a point lying 350 feet East of a line running North and South through the center of said Section 15; thence Southerly along a line, parallel with a North and South section line through the center of Section 15, said line being 350 feet East ofthe center of Section 15, to the Northerly Right of Way .line of Skyline Boulevard; thence along the Northerly Right of Way line of Skyline Boulevard Westerly to the Westerly line of the 454.89 acre parcel of land conveyed by Bertha A. Hayes to Sada Coe Robinson by Deed dated January 14, 1946, and recorded January 17, 1946 in Book 1266 of Official Records, page 531, Santa Clara County Records; thence Northerly along said Westerly line of the 454.89 acre parcel of land to the TRUE POINT OF BEGINNING. 1 s, 0 6 SAN ASSESSED O• AG 25 — 2 74 .l' ti• MATEO COUNTY (3102 AC) A7. II 14 ROf. t29/is 1 510 ♦Y. <.«.f..M1 4e /f. '-� •(3b0 AC.) Ca'LCP1�e/1^h 3 1714 :T FLLO AL.0 •;11� J.M6 4C <4hw iJ1)1) CC/C444.44,4 4. Ito P.4RLCL 3 00 AE, PO LC) \ •~ � 7 8 AC TOTAL k W.B.C. PqA cs Z (160 00 Ac.":1 • I I 12 usci x fn Z I4 Il 01 : ,x:,..� , • 070.00 AC) V/ (400060) µONTE73Fit�� •• (24000 AC) /8 471 55 AC TOTAL 31.4.5c6. of 2 *000 AC. TOTAL 1Y.8. 7901 AC, Raj' It.;ry /77-D-390 1 14 13 ih 4•e,r•30ii75 1 SS) -R-1 4 3 / :7ff •4F.S •a - in c•• •6 -Ai T 23 ,24 r 1t1o)7c 14 • 3013:5 Inn ••.•p 1.. ).. . w 614 )1•. 5.,•.. c.,. C44.4••• Goo e.•..A ..1o. -t w •J x.. ft. d t4..0s. 1913 1-, .••.9 ., 1w•.. «es i• m..t9.nw •nw i.4.<„ 617 d ..•• C...r.•• 1 11 u.:•♦• Coo. Y IA Neil la 644 .../..!.u••... d .M •..••1m..1 )p1 d , ..lv. d.t.. 17.44•4 l /IAM112EN C44..T A.••.•a• 1 900. 4/,‘:/-42- -2- AGREENENT TO PURCHASE (BURNS) REAL PROPERTY 1. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, here- inafter called "District", has proposed to purchase from' Alyce L. Burns for $3,500 per acre 610.52 acres of real property in the City of Palo Alto, Santa Clara County, particularly described as Parcels 1, 2 and 3 in the preliminary title report No. 168634-A, dated March 1, 1977, from Valley Title Company attached hereto as Exhibit "A`.' and incorporated herein by reference. 2. D.F. Eldridge, hereinafter called "Seller", has filed action No. P26800, in the Superior Court of Santa Clara County, in which Seller is claiming some right, title or interest in the property, as to which matter an appeal is now pending in the State Court of Appeal. 3. Seller agrees that in the event he obtains a final judgment in said action No. P26800 that vests in Seller any right, title or interest in or to any portion of, or interest in, the property or determines that Seller is entitled to any portion of, or interest in the property (such portion or interest herein for convenience collectively called the "Eldridge Property") Seller shall sell, assign, transfer and convey to District the Eldridge Property, and District agrees to purchase the Eldridge Property at the rate of $3,500 per acre for each and every acre, or fraction of an acre, thereof up to but not in excess of 241 acres. 4. Title to the Eldridge Property shall be conveyed to District by grant deed, or other appropriate instrument of transfer in form satisfactory to counsel for District, free and clear of all liens, easements, assessments, restrictions, rights and conditions of record other than current taxes, public utility easements, the pending legal action referred to in Paragraph 5, exceptions number 8, 9, 10, 11, 12, 13, 14 and 15, shown in preliminary title report No. 168634-A and any other encumbrances acceptable to District as evidenced by a standard policy of title insurance to be paid for by District; provided, however, that if title is then subject to any matters of record not shown in said preliminary title report, Seller shall not be liable therefor and District's sole remedy in the event it does not elect to accept title subject to such other matters shall be to terminate this Agreement, unless any such other matter was caused or suffered by the fault of Seller. 5. Seller excepts and reserves, and the grant deed or other appropriate instrument of transfer shall so provide; all rights in and to the Eldridge Property with respect to that certain legal action involving Seller, as plaintiff, and the City of Palo Alto, as defendant (Santa Clara County Superior Court Case No. 282965); Seller also reserves all rights to any award made to Seller in said action except as hereinafter provided, together with the right to require the District to convey the Eldridge Property to the City of Palo Alto if the court in said action determines that the City of Palo Alto is entitled thereto. It is the intent of the Seller and the District that neither this Agreement nor the sale, assignment, transfer and conveyance of the property to the District shall defeat or diminish the rights of Seller asserted in said action or provide to the City of Palo Alto any defense thereto. The final decision of a court of competent jurisdiction entered after good faith, bonafide opposition of Seller, holding that this Agreement or delivery of the grant deed or other appropriate instrument of transfer pursuant hereto defeated or diminished such rights of Seller or provided to the City of Palo Alto a defense thereto shall, ipso facto, cause this Agreement and said grant deed or other appropriate instrument of transfer and shall survive the recording thereof. In the event that the court in said action does finally determine that title to the Eldridge Property is in the City of Palo Alto by reason of inverse condemnation or that said City is entitled to have the Eldridge Property conveyed to it, and, further, the court makes an award of compensation in said action to Seller or there is a reversion of title to Seller under any provisions of this Agreement, the District shall be entitled to repayment of the consideration paid for the Eldridge property under this Agreement, plus interest at 6% from the date of closing of escrow. Seller shall indemnify the District and be personally liable for such repayment and. reasonable attorney's fees. Said grant deed or other appropriate instrument of transfer shall expressly provide that if there is a reconveyance of title to Seller as provided herein, the District shall have the lien of a first mortgage on the Eldridge Property and any judgment awarded in said action as security for such repayment. The first lien shall be over and above any claims to the award by Seller or third parties and shall take priority over attorney fees and any other expenses of the litigation. It is understood that this provision does not become operative unless the court in said action determines that title to the Eldridge property has been or should be vested in the City of Palo Alto or makes a determination that effects a reversion of title to Seller hereunder. If there is a reconveyance or reversion of title to Seller, and the Court in said action makes a final determination that title to the Eldridge Property is not in the City of Palo Alto or to be conveyed to it by Seller, then Seller thereupon shall sell, assign, transfer and convey title to the Eldridge Property to the District for cash in an amount equal to any repayment, including interest, previously made by -Seller to District pursuant to this Paragraph 5, plus interest at the rate of 67 per annum from the date of such repayment to the date of such sale, assignment,.transfer or conveyance of title and otherwise on the terms set forth herein. This Paragraph 5 shall have no further force or effect if the action is not brought to trial within five years as set forth in Section C.C.P.. 583 from the date of the close , of escrow. Seller agrees that the District will not be made a party by Seller in said action with the. City of Palo Alto on the grounds that the District has inversely condemned the property, or as a defendant in any other action for that reason. 6. Seller represents and warrants that -Seller has not entered into any oral or written lease or rental agreements on all or any portion of the property or given permission or consent to anyone to occupy the property, and Seller agrees to hold the District harmless from and reimburse the District for any and all liability, losses and expenses occasioned by reason of any lease or rental agreement on said property entered into by Seller. It is understood, however, that the failure of Seller to remove or to undertake to remove persons on the property without permission shall not alone be deemed to constitute permission by Seller for such persons to occupy the property. 7. After execution of this Agreement Seller, on request of the District, shall deliver to the District or into an escrow opened for the purpose of acquiring the 610.52 acres a release of his Lis Pendens filed in Action No. P26800. The said release of Lis Pendens is only to be effective and recorded by the District upon the vesting of title to the 610.52 acres in the District. 8. After notice of thirty days to the District by Seller of his acquisition of title to any portion of the property as a result of Action No. 026800, an escrow shall be opened with Valley Title Company at its San Jose office, or such other title company as may be agreeable to the parties. All costs of escrow shall be paid by the District, and other items of expense shall be prorated as of closing of escrow. Escrow shall close within ninety days after Seller notifies District of his acquisition of title. 9. It is understood that this Agreement is subject to the District obtaining satisfactory title and title insurance on the entire 610.52 acres. It is also understood that the trespassers on the property shall be removed from the property as a result of the pending unlawful detainer action brought by Alyce L. Burns before the close of escrow;- provided, however, such removal shall not be the duty or obligation of Seller and Seller shall not be required to bear any costs and expenses in connection therewith. In the event the conditions of this paragraph 9 are not met to the full satisfaction of the District within 90 days from opening of escrow, pursuant to paragraph 8 this Agreement shall be of no further force and effect. This Agreement is binding on the heirs, successors and assigns of the Seller. IN WITNESS WHEREOF, Seller and District have executed this Agreement this if MIDPENINSULA REGIONAL OPEN SPACE DISTRICT day of , 1977. By D. F. LDRIDGE.