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HomeMy Public PortalAboutResolution - 78-07- 19780222 - Stanford PropertyRESOLUTION No. 78-7 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE ADDITION - STANFORD PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section one. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain purchase agreement between The Board of Trustees of the Leland Stanford Junior University and the Midpeninsula Regional Open Space District dated February,:e, 1978, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of other appropriate officer is authorized to execute a certificate of acceptance to any deed 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 General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * is * * it * * * * * * * * * is * * RESOLUTION NO. 78-7 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on February 22 regular meeting thereof, by the following vote: AYES: NOES: K. Duffy, D. Wendin, N. Hanko, R. Bishop None ABSTAIN: ABSENT: ATTEST: cleti/etzela) H. Turner E. Shelley and B. Green APPROVED: 1978 at a keti.�c��i E ). ) Secretary, Board of Directors Vicepresident, Board of Di tors 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 PURCHASE AGREEMENT THIS AGREEMENT, made this 46 day of , 1978, by and between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers, hereinafter referred to as "TRUSTEES", and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District,hereinafter referred to as "DISTRICT". WITNESSETH: RECITALS: (A) TRUSTEES are the owners of that certain real property in the City of Palo Alto, County of Santa Clara, State of California, being more particularly described in Exhibit "A" and depicted on Exhibit "B" which are attached hereto and by this reference incor- porated herein and made a part hereof; (B) The DISTRICT desires to purchase and TRUSTEES are willing to sell said property to the DISTRICT for the consideration and upon the terms and conditions hereinafter set forth. This is the whole of their Agreement and the performance of this Agreement constitutes the entire consideration for said purchase. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. PURCHASED PROPERTY. On the terms and subject to the conditions set forth herein, TRUSTEES agree to sell and convey the property described in Exhibit "A" and depicted on Exhibit "B", comprising approximately 694 acres, generally referred to as all Assessor's Parcels 351-12•-030, -034, -038, -039, -042, -044, and. 351-06-011, (all Santa Clara County) and.OS..0-311-020 (San Mateo County) to the District, and the DISTRICT agrees to purchase said property from TRUSTEES. 2. CONDITION OF TITLE. TRUSTEES shall convey said property to the DISTRICT by Grant Deed, free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases (recorded and unrecorded), easements, rights -of -way, bonds and any and all restrictions and reservations of record, other than current taxes, as described below, and exceptions numbered 2 through 9 in the Preliminary Title Report No. SJ 1-3628 issued to DISTRICT by First American Title Guaranty Company, San Jose, under date of February 22, 1977. Said Preliminary Title Report is labeled Exhibit "C" and attached hereto and incorporated herein by this reference. 3. PURCHASE PRICE AND CONDITIONS. The purchase price of the property described in Exhibit "A" shall be the sum of FOUR HUNDRED SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($475,000.00) payable contemporaneously with delivery of Grant Deed. DISTRICT shall pay all escrow and recording fees incurred in this transaction, including title insurance premium. Evidence of title shall be in the form of a standard policy of title insurance issued by First American Title Guaranty Company. 4. PROPERTY TAXES. TRUSTEES shall pay all due and unpaid taxes, which shall be prorated as of the date of close of escrow. 5. KNOWING WAIVER. TRUSTEES and DISTRICT understand and agree that TRUSTEES are entitled to receive the fair market value of the property described in Exhibit "A", as required by Government Code section 7267.2, and as determined by an appraisal obtained by DISTRICT; and further understand that no such appraisal has been made of said property and TRUSTEES hereby waive any and all existing and/or future rights they may have to the fair market value of said property, as determined in accordance with said Government Code section 7267.2, should DISTRICT obtain an appraisal subsequent to the date of this agreement for the purposes of securing State or Federal participation in the acquisition of said property. 6. MISCELLANEOUS PERSONALTY ACQUIRED. It is understood and agreed by and between the parties hereto that payment in clause 3 above includes,but is not limited to,payment for miscellaneous personal property, which is being acquired as a part of this transaction, and which items are listed and described on Exhibit "D" as attached hereto and incorporated herein. 7. ACCEPTANCE. The DISTRICT shall have a period of thirty (30) days from and after the date hereof within which to accept and execute this Agreement, and during said period of thirty (30) days this contract shall to enter into a contract set forth herein, and in and TRUSTEES acknowledge constitute an irrevocable offer by TRUSTEES with the DISTRICT on the terms and conditions consideration of which DISTRICT has paid, receipt of the sum of Ten Dollars ($10.00). 8. CLOSING. The purchase and sale shall be closed within Thirty (30) days from the acceptance by the DISTRICT under Paragraph 7 of this Agreement through an escrow as above mentioned. 9. SUCCESSORS AND ASSIGNS. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: ACCEPT D FOR RECOMMENDATION: L. Cra(i Britton Land A quisition Manager RECOMMENDED FOR APPROVAL: Herbert Grench General Manager APPROVED AND ACCEPTED: BY: /4.uf y,u— 1 /' fl Katherine M. Duffy Vice -President, Board of Directors THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY By: C C'iLCjC William F. Massy Vice President for Busin6ss Afld Finance ATTEST&:- Clerk of the Board APPROVED AS TO FORM: Stanley Norton, District Council j ro •. a^�Ai�L q '~ i 1 oe w � * : i I:1. `~ `J. " • -••-•; r // 1604 : ,, ,,_. -3- EXHIBIT A Pa a o f 4 ._..-. All that certain real property situated in the City of Palo Alto, County of Santa Clara, State of Californiaydescribed as follows: PARCEL ONE: The Easterly fifty (50) acres of the Southwest quarter (SW 1/4) of Section 24, Township 7 South, Range 3 WEst, M.D.B. & M. PARCEL TWO: The East one - half of the Southwest quarter (E 1/2 SW 1/4) of Section 24, EXCEPTING THEREFROM the Easterly fifty (50) acres of the Southwest quarter (SW 1/4) of Section 24 conveyed by Gift Deed dated December 23, 1961, recorded December 27, 1961 in Book 5412 at pages 399 - 400 of the Official Records of Santa Clara County, California, from George F. Morell and Athene B. Morell, his wife, Grantors, to the Board of Trustees of the Leland Stanford Junior University, Grantee; ALSO the East one - half of the West one - half of the Southwest quarter (E 1/2 W 1/2 SW 1/4) of Section 24; all in Township 7 South, Range 3 West, M.D.B. & M., and deemed to comprise seventy (70) acres. PARCEL THREE: The West one - half of the WEst one - half of the Southwest quarter (W 1/2 W 1/2 SW 1/4) of Section 24, Township 7 South, Range 3 West, M.D.B. & M., deemed to comprise forty (40) acres. PARCEL FOUR: The East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23, Township 7 South 3 Range WEst, M.D.B. & M., deemed to comprise forty (40) acres. PARCEL FIVE: All that portion of the East one - half of the Southwest one -- quarter (E 1/2 SW 1/4) of Section 23, Township 7 South, Range 3 West, as lies Easterly of the Easterly line of Skyline Boulevard, as said Boulevard is described in Deed from Edwin F. Albertsworth et ux to the State of California, dated November 27, 1938, recorded Janaury 28, 1939 in Book 826 Official REcords, page 119, San Mateo County Records; and recorded February 1, 1939 in Book 911 at page 508 of the Official Records of Santa Clara County, California. (Continued) EXHIBIT A Page 2 -of, 4 EXCEPTING THEREFROM that certain parcel of real property in Section 23, Township 7 South, Range 3 West, M.D.B. & M., situated in the County of Santa Clara and the County of San Mateo, STate of California, containing 8.722 acres of land, more or less, which was conveyed by Grant Deed dated April 4, 1968, recorded May 14, 1968 in Book 8121 at pages 153 - 154 of the Official REcords of Santa Clara County, California, and recorded May 20, 1968 in Book 5475, at pages 742 - 743 of the Official Records of San Mateo County, California, from George F. Morell, Grantor, to William Huston Smith and Patricia Morell Smith, husband and wife, Grantees, more particularly described as follows: COMMENCING at a granite monument at the corner common to Sections 23, 24, 25 and 26, Township 7 South, Range 3 West, Mount Diablo base & Meridian; thence from said point of commencement North 87° 57' 50" WEst along the line dividing said Section 23 and Section 26, 1,768.40 feet to a 1 - 1/2 inch iron pipe; thence on the arc of a curve to the left (a radial bearing from said 1 - 1/2 inch iron pipe bears North 89° 45' 11" WEst) with a radius of 1,400 feet, through a central angle of 20° 15' 19" for an arc distance of 494.93 feet; thence tangent to said last - mentioned curve North 20° 00' 30" West 724.74 feet; thence on the arc of a tangent curve to the left with a radius of 1,900 feet, through a central angle of 7° 38' 22" for an arc distance of 253.33 feet to the true point of beginning of the parcel to be described; THENCE FROM SAID TRUE POINT OF BEGINNING along a line radial to said last - mentioned .curve South 62° 21' 08" West 850.00 feet to a point on the Northeasterly line of Skyline Boulevard (being 100 feet wide); thence along said Northeasterly line of Skyline Boulevard on the arc of a curve to the left (from which said last - mentioned course is radial) with a radius of 1,050 feet, through a central angle of 17° 21' 47" for an arc distance of 318.20 feet; thence leaving Skyline Boulevard on a line radial to said last - mentioned curve North 44° 59' 21" East 850.00 feet; thence on the arc of a curve to the right (from which said last - mentioned course is radial) with a radius of 1,900 feet, through a central angle of 17° 21' 47" for an arc length of 575.78 feet to the true point of beginning. CONTAINING 8.722 acres of land, more or less. PARCEL SIX: The East one - half (E 1/2) and the East one - half of the Northwest one - quarter (E 1/2 NW 1/4) of Section 23, Township 7 South, Range 3 West, M.D.B. & M., containing approximately 400 acres, according to the Official Maps thereof on file in the office of the Bureau of Federal Land Management (formerly General Land Office) approved April 26 1867 and September 24, 1919; EXCEPTING THEREFROM the East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23, Township 7 South, Range 3 West, M.D.B. & M., conveyed by Gift Deed dated December 28, 1964, recorded December 31, 1964 in Book 6801 at pages 371 - 373 of the Official Records of Santa Clara County, California, from George F. Morell and Athene B. Morell, his wife, Grantors, to The Board of Trustees of The Leland Stanford Junior University, Grantee. PARCEL SEVEN: BEGINNING at the corner common to Sections 13, 14, 23 and 24, Township 7 South, Range 3 West, M.D.B. & M., said Section corner being in the center of a buckeye bush as called for in United States Field Notes; running thence South 87° 42' West along the line dividing said Sectons 14 and 23, 20.35 chains to a 3" x 4" post from which a buckeye tree 10 inches in diameter bears North 16 1/2° West 81 links; thence North 3° 35' East 40.51 chains to a point from which a tan oak 10 inches in diameter bears South 20 1/2° East 112 1/2 links; thence North 89° 10' East 17.50 chains to the 1/4 Section corner between Sections 13 and 14 above referred to; thence South 40 chains to the point of beginning, and being a portion of the Southeast quarter (SE 1/4) of Section 14, Township 7 South, Range 3 West, M.D.B. & M., and containing approximately 80 acres, according to the Official Maps thereof on file in the office of the Bureau of Federal Land Management (formerly General Land Office) approved April 26, 1867 and September 24, 1919. WE NOTE BUT DO NOT INSURE THE FOLLOWING: PARCEL EIGHT: As to Parcels Five, Six and Seven hereinabove described those certain rights as provided for in the Road Agreement entered into by and between Mildred Scott Ligda, first party George F. Morell, second party, and Henry Dillion Winship and Katherine Winship Hayes, as tenants in common, third party, dated August 1, 1958, recorded February 24 1959 in Book 4331 at page 628 of the Official Records of Santa Clara County, California. PARCEL NINE: The right to use and travel over the old wood road running from Monte Bello Road to the Northerly portion of the East one - half of the Northeast one - quarter (E 1/2 NE 1/4) of Section 14, Township 7 South, Range 3 West, M.D.B. & M., which right to use and travel over was conveyed by Deed dated January 14, 1946, recorded January 17, 1946 in Book 1302 at page 367 of the Official Records of Santa Clara County, California from Anna O'Neil and Bertha G. Hayes, Grantors, to George F. Morell, Grantee. PARCEL TEN: The ten percent (10=) royalty on all of the oil, gas, and other hydrocarbon substances produced and saved from the Southwest quarter (SW 1/4) of Section 24, and from the East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23; all in Township 7 South, Range 3 West, M.D.B. & M., which royalty was excepted and reserved in the two Gift Deeds dated December 28, 1964, recorded December 31, 1964 in Book 6801 at pages 368 - 370 and 371 - 373 respectively of the Official Records of Santa Clara County, California, from George F. Morell and Athene B. Morell, his wife, Grantors, to The Board of Trustees of The Leland S: i L1OLJ Junior University, Grantee. EXHIBIT Pagel 4— of PARCEL ELEVEN: The minerals, expressly including limestone, other rock, gravel or precious earths, and the non - exclusive easement and right to use the existing ranch road, which minerals, easement, and right to use were excepted and reserved from the Southwest quarter (SW 1/4) of Section 24, and from the East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23; all in Township 7 South, Range 3 West, M.D.B. & M., whihc were conveyed in four separate parcels to The Board of Trustees of The Leland Stanford Junior University by Gift Deed dated December 23 1961, recorded December 27, 1961 in Book 5412 at pages 399 - 400 of the Official Records of Santa Clara County, California, by Gift Deed dated December 12, 1962, recorded December 20, 1962 in Book 5836 at pages 460 - 461 of the Official Records of Santa Clara County, California, by Gift Deed dated December 23, 1963, recorded December 31, 1963 in Book 6328 at pages 440 - 441 of the Official Records of Santa Clara County, California, and by Gift Deed dated December 28, 1964, recorded December 31 1964 in Book 6801 at pages 371 - 373 of the Official Records of Santa Clara County, California, all of which Gift Deeds were from George F. Morell and Athene B. Morell, his wife, Grantors, to The Board of Trustees of The Leland Stanford Junior University Grantee; together with all of Grantor's right , title and interest in and to any other easement, right of access or way, mineral, oil, gas or other hydrocarbon royalty or interest in and above - described property whether Grantor's by reservation, grant, succession, agreement, or otherwise, it being Grantor's intention hereby to convey to'The Board of Trustees of The Leland Stanford Junior University, Grantee, all of his right, title and interest in and to all of said real property without reservation. �C. Ur( -r- [,y t 1� 1 'IT1L -tlr th �c!1 R• i-.,D .r Jr�� .�' "�: f• I oftg '• _ / -_• ANN1/4„ �•. '�'nMB2t On'°'.,yru _": t._�• • 'Ali). Mesai. nail 3�, . Cen:2 ( a. ` d y ., a �- r r - eh� JPortn)s �1- fy 8 • 77 - i. `.Y._ .Q. �{ fr ..r • h' 0 d et w. SARATOGA OAP �.Lynar �O t SII( * , e4fa, CAsre: WAR Morrr.,Ltq • Anaorelur._. 6 9cxi . �.e:: Caiwfr r.,mr _J t4- Tv, A �RFST U:_hr S74,4 • N MT PLEASANT srarFn fn n ��Si L � W oa0 � `I � � •' 4 7' L1� Ia fanC '- LrL�O �lv r UryAa O F0 of 9a_ t.:- I ��\J/ _ ALTOS` ^ �. VA 7.1 S �eun l 1 `- t tng 1no i- ` '. eno o e0 0 • LsJea ', OperCSp oo� r6 _ t( , ,,; � Jllb6 .hoe, , M .L?s nO Pererx \• r IA • �t' • .; f E • :ZI"t -47 ! tzsz3•. 1 J; 3 1 ? •C eo5 atox lrn" r( 19fli3idTA.I IE1,1N.:-:,,,,';..,....1.4.-,t Ni.'• �{2hs Y ''''':. -1'-'ki .. .•—''.. r r 7 3§b6 ,• 54h • j.'• .DA e•. Ir ' Huff roc -- r �1 . Francis.. ' Q (.'` i 7 .�_Pti , ! 1:'9 - �' 33'x:.. �4}Fr:>lai rb y4 if ±� LCtif:AJ..f -- : ..• ARGIt t� 7 -fa ITfF `;.:yx;cln:xh�!f ,a; • i �� t jL s ,,sf I 1. . a J�� s t.Comrr ''oo •\ -om _i ` c • R-2 16 Operri'pace` Preserve , �aP�A 'ea / • of J'. 1' 4 ,1. Ont: r — I ST.1TE f 6P:1RL ✓ �, i.__. �` sa,,cga' r r Ct eMrJ$ l ^aaM!rt.2 ` �� : 6."):e.”. ,2 • 9 ,'r JJ 20O �yp / ij • l� �� • ;a' A\r' �euno„G.: C( (. ` e < St Iris o r / > r .( _— . ( „5.;\ fir. 4 /°4 ^0 1-rl sL.Fb eni t :, � / `� A RiERre _...-art. .i irst American Title Guaranty Company MAIN OFFICE L2 675 North First St. San Jose, Calif. Phone 2866353 SOUTH COUNTY 17420 South Monterey St. Morgan Hill, Call. Phone 7794181 PALO ALTO 550 Hamilton Ave. Palo Alto, CAW. Phone 3265050 SARATOGA 14440 Big Basin Way Saratoga, Calif. Phone 867.0567 PRELIMINARY REPORT • Mid Peninsula Parks District Issued for Sole Uaa of • 745 Distol Drive • Los Altos, CA 94022 SUNNYVALE 0 363 South Taalfe St. Sunnyvale. Calif. Phone 245 9661 CAMPBELL0 2020 South Bascom Ave. Campbell, Calit. Phone 377-2992 Your No. Our Order No. SJ 1-3628 Form of Policy•Coverage Requested: CLTA STANDARD COVERAGE POLICY: ALTA LOAN POLICY FORM 1970 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, es of the date hereof, a Policy of Title Insurance in the form specified above, 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 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 of Commitment should be requested. CUPERTIN01.1 10370 So. De Ann Blvd. Cupertmc, Calil. Phone 252.7000 BLOSSOM HILL ❑ 495 9lussom Hill Rd. San Jose, Calif. Phone 227-5111 Subject to a minimum charge required by Section 12404 of the Insurance Code. EXHU3T G Page 1 of 5 Dated as of February 22, 1977 at 7:30 a.m. T,ANT GADSBY ESCROW OFFICER LOIS R. BURRIS TITLE OFFICER Title to said estate or interest at the date hereof is vested in: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. Second Installment of General and Special County taxes for the fiscal year 1976 - 77. Amount $630.74. A.P. 351-12-030, Code Area 06-036 (Affects Parcels One and Two herein) Second Installment of General and Special County taxes for the fiscal year 1976 - 77. Amount $262.79, A.P. 351-12-034, Code Area 06-036. (Affects ParcelThree herein) Second Installment of General and Special County taxes for the fiscal year 1976 - 77. Amount $376.29, A.P. 351-12-044, Code Area 06-036. (Affects a portion of parcel Five and a portion of Parcel Six herein) Second Installment 1976 - 77. Amount (Affects a portion of General and Special County taxes for the fiscal year $492.14, A.P. 351-12-042, Code Area 06-036. of Parcel Five and a portion of Parcel Six herein) EXHIBIT C Page 2 ®f SJ 1-3628 Page 2 Second Installment of General and Special County taxes for the fiscal year 1976 - 77. Amount $2,135.47, A.P. 351-12-038, Code Area 06-036. (Affects a portion of Parcel Five and a portion of Parcel Six herein) Second Installment of General and Special County taxes for the fiscal year 1976 - 77. Amount $725.72, A.P. 351-06-001, Code Area 06-031. (Affects Parcel Seven herein) 2. An easement for the free flow of water over that portion of said land lying within the bounds of Stevens Creek. 3. The right of the public over that portion of said land lying within the bounds of Montebello Road, adjudged and decreed to be a public road and thoroughfare, insofar as the same traverses said lands, by Judgment in Case No 113,041 in the Superior Court of the State of California in and for the County of Santa Clara, a certified copy of which was recorded March 13, 1962 in Book 5648 of Official Records, page 678. (Affects Parcel Seven and Parcel Eight herein) 4. Right of Way of a uniform width of 30 feet for a single line of poles and wires and necessary appurtenances thereto, as conveyed to Pacific Gas and Electric Company, a California corporation, by instrument recorded August 27, 1932 in Book 626 of Official Records, page 195, the centerline of which is described as follows: Part 2. Beginning at a point in the Westerly boundary line of Section 36, T. 7, S. R 3 W. from which a post, marking the West quarter corner of said Section 36, bears South 0° 31' West' 1000.7 feet distant, and running thence North 53° 58' West 832.6 feet; thence North 50° 01' West 811.2 feet; thence North 31° 26' West 240.0 feet; thence North 14° 21' East 340.8 feet; thence North 34° 21' East 593.2 feet; thence North 4° 49' East 283.6 feet; thence North 41° 57' West 1080.2 feet; thence North 56° 59 1/2' West 1850.0 feet; thence North 26° 48' West 694.6 feet; thence South 5° 58' East 232.0 feet; thence North 42° 47' East 346.4 feet; thence North 2° 10 1/2' West 261.3 feet; thence North 4° 52' East 260.9 feet; thence North 41° 07' East 441.6 feet; thence North 28° 01' East 164.9 feet; thence North 29° 35 1/2' East 932.5 feet; thence North 20° 03' West 1222.4 feet; thence North 64° 21 1/2' West 1104.1 feet; thence North 54° 16 1/2' West 272.1 feet; thence North 34°42 1/2' West 733.2 feet; thence North 17° 21 1/2' West 454.8 feet; thence North 57° 47 1/2' West 264.4 feet; thence North 60° 24 1/2' West 1892.4 feet; thence North 34° 22 1/2' West 11.2 feet, more or less, to a point in the Southwesterly boundary line of the State highway commonly known as the Skyline Boulevard, save_ and excepting therefrom that portion thereof lying within the boundary lines of said State Highway continued next page Page 3 of SJ 1-3628 Page 3 The aforesaid right of way shall be of the uniform width of thirty (30) feet that is to say fifteen (15) feet lying upon each side of the above described line, with the further right and privilege, in the grantee of placing and maintaing beyond and outside of said right of way, anchors and guys, for the purpose of supporting said poles and wires, provided, however, that no such anchor or guy shall be placed or maintained at a distance greater than fifty (50) feet from the above described line. 5. Any power and telephone lines and pipe lines which may have been installed under the terms and provisions of that certain Agreement recorded January 14, 1937 in Book 806 of Official Records, page 30, described therein as follows: 1. A right of way 25 feet in width for vehicular use and all road purposes, including power and telephone lines and pipe lines, over and across the Northerly portion of the East 1/2 of the Northeast 1/4 of Section 23, Township 7 South, Range 3 West, Mount Diablo Base and Meridian; the center line of said right of way to commence on the Westerly line of the East 1/2 of the Northeast 1/4 of said section at a point approximately 225 feet Southerly from the Northwest corner of said parcel of land, and to continue approximately around the contour of the hill, crossing the Northerly line of said Section at approximately 340 feet East of the Northwest corner of said parcel of land, and re-entering the said parcel of land approximately 40 feet Easterly of said last mentioned point; thence following around the contour of the hill to the Westerly side of the next Easterly draw, in which draw is located a surface spring North of the line of said section; and thence crossing the Northerly line of said section approximately 575 feet Easterly from the Northwest cornerof the East 1/2 of the Northeast 1/4 of said Section 23; and 2. A right of way 25 feet in width for vehicular use and all road purposes, including power and telephone lines and pipe lines, over and across the Southerly portion of the East 1/2 of the Southeast 1/4 of Section 14, beginning at a point approximately 575 feet Easterly from the Southwest corner of the said Southeast quarter of said section; thence North over the extension of the aforesaid road through Section 23 up the draw referred to above the Montebello Road; and thence Easterly and Westerly along the said Montebello Road to the Easterly and Westerly lines of the said East 1/2 of the Southeast 1/4 of Section 14, Township 7 South, Range 3 West, Mount Diablo Base and Meridian. 6. A Waiver of Damages in favor of the State of California for any and all damages to said land by reason of the location, construction or maintenance of a State Highway contiguous to said land, as contained in the instrument recorded February 1, 1939 in Book 911 of Official Records, page 508. 7. Right of way for a single line of poles and wires and necessary appurtenances thereto as conveyed to Pacific Gas and Electric company, a California corporation, by instrument recorded September 15, 1941 in Book 1043 of Official Records, page 562, described as follows: That certain 80 acre parcel of land, situate in Section 14, Township 7 South, Range 3 West, M.D.B. & M., described and designated Parcel 1 in the deed executed by F.R.Braunworth et ux to George F. Morell et ux dated June 25, 1940 and recorded in Book 995 of Official Records, at page 104, Records of said Santa Clara County, and the North half of the North half of the Northeast quarter -of Section 23, Township 7 South, Range 3 West, M.D.B. & M. continued next page B:' 11 -11131T C Fags ¢ ofd^ SJ 1-3628 Page 4 The route of said poles across said premises will be as follows: BEGINNING at a point in the Westerly boundary line of said 80 acre parcel of land from which a granite monument, marking the Southeast corner of said Section 14 bears South 63° 16' East 1501.7 feet distant, and running thence South 34° 38 1/2' East 3.3 feet; thence South 2° 55' West 807.00 feet; thence South 72° 19' East 208.0 feet; thence North 65° 31' East 1310 feet, more or less, to a point in the Easterly boundary line of said Section 14. By Assignment recorded September 19, 1966 in Book 7509 of Official Records, page 170 all right, title and interest in above right of way was sold, assigned and transferred to City of Palo Alto, a municipal corporation. 8. Right of way for underground and aboveground wires, cables and other necessary appurtenances and terms and conditions thereto as granted to The Pacific Telephone and Telegraph Company, a corporation, by instrument recorded April 11, 1958 in Book 4050 of Official Records, page 374. (Affects Seven herein) 9. Any errors in the legal description of said land that may be disclosed by correct surveys thereof. 10. Any possible Gift Tax, Federal Estate Tax and/or State Inheritance Tax which may be due by reason of the following Gift Deed to vestee herein: From: To: Dated: Recorded: (Affects Parcels Five, Eight, Nine, Ten NOTES: George F. Morell, dealing with his sole and separate property The Board of Trustees of The Leland Stanford Junior University, a body having corporate powers September 7, 1972 September 13, 1972 in Book 0017 of Official Records, page 651 Six and Seven herein, and the interests described in Parcels and Eleven) A) This report is written on the assumption and without liability therefor that there have been no surveys including or affecting premises which have been approved by and filed with the Federal Bureau of Land Management (formerly the General Land Office) subsequent to the approved Map herein referred to. B) According to the public records, there have been no deeds conveying the property described in this report recorded within a period of six months prior to the date of this report except as follows: NONE LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO Page 5 of 5 SJ 1-3628 Page 5 LENDERS SUPPLEMENTAL REPORT Any facts, rights, easements, interest or claims which are not shown by the public records, but which could be ascertained by making inquiry of persons in possession of said land and disclosed by a physical inspection thereof. T.75.,R. 2W. 0 ___,,L..„,--.1-Fro-F,1-6!:: �b.-, 1 s12 t ,4141 -1,7^.L.." :9 ;a 1 2''1r2'170-.I �' � ',d 1 ..• 27,i71-75 if 7,77775-F1 17. 7,-77.,.': s4 , . ;2.1 11.73 1—�'I .,Tr/jis ;),..0 1 TS?) ,!', t 44 t-_ , _ 4311 4'-1 1' .: 3F. 1 c!' 33. 32 : 11:29 :e j a-;i ;:31 cn,i 1 h. 7 :3:33:5 i:13Y L[ti 451 -; 1 5 S,;7,7. a •I, '4b'1r v• .10MGO % R! £• ---/ �; Y r V 3' ti.T 73.76 kg 7 _ 8 3, 0 OFFICE OF COUN TY 14. 58 Ac 9 8123 11 .1 7.4 PM 268.47. Cr'' 36 Nfi 48 9 ti A /30 • 0 1 147.71 At wac. A45 ES SOR - 94 SANTA CLARA COUNTY, CALIFORNIA 7 135.243 Ac.) 1,1 27. is (76.517 Ac) J 2E 2; 1157 38 Ae !) r20 Ae 2311 f ) 30 f&9.) (80.5. 191-M NINSULA - �06a.00 Ac.) COUNTY 4 94 11 OF SANTA OPEN .3/ 730 .01 Ac T oo CLARA TWP •75.,Q3VI/ 160 00 Ae) 477.38 AC. TOTAL REGIONAL PATER DIS T. ROAD 15750 At 24 25 (80.o0Ac) 30 I / 19 FEB 2 8 277 12 SCALE I t11a 70007 1833 FEB L 8 8377 , SCALE lR=400f • 2 RANcI.7o EC CORrE 182 T-9 120 27 AC NET MI;IFC *:SU: ..: i•.1:�•:0::� .: . 3 0E .21p MA OA I. ._ 0 (0 FE8 2 8 1377 SAN MATCO COUN TY 4. ASSESStO ON PG 25 • \n• MILI. ..'� f /9 53.80 AC. NET. POT. 129/34 • 1t 1 tlb 93.37 AC NET. N ON . ILTO 1910 I °MC! Of COU NTY ASSESSOR - SANTA CLARA COUNTY, CALIFORNI A 10 111 15 14 - �[Ti Iti •'tf ,,{y (2 .6o AC 1• '1 1, "011,1 1 CITY OF PALO ALT 1311 AC $f 11 12 14 13 (4000 AC ., 1117171 180. 19 A C. NET. µONTEOE �3� r• 1srsJ2s J0142J P1F. Ft t w. + if.f I Mqq J (160.00 AC.) (120 .00 AC) Wy. C •11 12 JC c+.1 351 I i'AvU 6 2 160 .00 AC. TOTAL 1 IY . B It at AC. ROJ 1+ 4,7F c fC 11 T- 6 .I J 14 1 23 \24 Y •It29nf Y • /oI3JJ EXHIBIT "D" (Miscellaneous Personalty) Wooden wheeled John Deere road Grader Harrow attachment Wooden John Deere manure spreader Seeder attachment Wooden John Deer farm wagon Utility trailer (wire spoke wheels) Wood heater Rustic dining table