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HomeMy Public PortalAboutResolution - 80-20- 19800409 - Fine PropertyRESOLUTION NO. 80-20 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 (RUSSIAN RIDGE OPEN SPACE PRESERVE - FINE 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 con- . tained in the attached purchase agreement between Billy Ray Fine, et ux and the Midpeninsula Regional Open Space District dated April 4, 1980, 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 or other appropriate .officer 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 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 author- ized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this trans- action. * * * * * * * * * * * * * * * * * * * **•**** * * * * * * * * * RESOLUTION NO. 80-20 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on April 9 19 80 at a regular/speciad=meztdrag thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: None." ATTEST: APPROVED: Secretary, Board of Directors President, Board of Directors I, the District Clerk/ITeTstzty District-elerk 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 vote. Distrct Clerk AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BY AND BETWEEN Billy. Ray Fine and Linda Lucille Fine, husband and wife, hereinafter called "Seller", and Midpeninsula Regional Open Space District, herein- after called "District". 1. PURCHASED PROPERTY. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located in the County of Santa Clara and the County of San Mateo, State of California, consisting of 22.952 acres, more or less, and commonly referred to as: (a) Santa Clara County Assessor's Parcel No. 351-07-003 as described in the property description referred to in preliminary title report number 1-8061 dated December 4, 1979 from First American Title Guarantee Company (Santa ClaraCounty) designated Exhibit 'A' as attached hereto and made a part hereof by this reference, and (b) San Mateo County Assessor's Parcel No. 080-272-010 as described in the property description referred to in preliminary title report No. 270805-JPT dated December 18, 1979 from First American Title Insurance Company (San Mateo County Divi- sion) designated Exhibit 'B' as attached hereto and made a part hereof by this reference. Said property is outlined in orange on the map labeled Exhibit 'C' as attached hereto and incorporated herein by this reference. 2. PURCHASE PRICE: PAYMENT. The total purchase price shall be Two Hundred Thirty Eight Thousand and No/100 Dollars ($238,000.00), payable at the close of escrow, subject to the terms and conditions of clause 9 hereinbelow. 3. TITLE. Title to the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, encumbrances, easements, assessments, restrictions, rights, and conditions of record except: a. Current taxes shall be prorated as of the date of close of escrow. b. Typewritten exceptions numbered 1 through 5 listed in said title report Number 1-8061 (Exhibit 'A' - Santa Clara County). c. Typewritten exceptions numbered 2 through 6 listed in said title report Number 270805-JPT (Exhibit B' - San Mateo County). 4. COSTS. District shall pay all escrow, recording and normal title insurance charges incurred in this transaction. Seller shall be responsible for and pay all costs of any reconveyance of deed of trust, full release of mortgage or any legal costs or fees incurred in order to deliver marketable title to District. 5. COMMISSIONS. The District shall have no obligation to pay any real estate agent's commission or other related fees in connection with this transaction. 6. KNOWING WAIVER. SELLER and DISTRICT understand and agree that SELLER may be entitled to receive the fair market value of the property depicted on exhibit 'C', as provided for by Government Code section 7267.2, and as determined by an appraisal obtained by DISTRICT; seller acknowledges and understands that no such appraisal has been made of said property, and SELLER hereby waives any and all existing and/or future rights they may have to the fair market value of said property, appraisals, etc., as provided by said Government Code sections. 7. LEASES. Seller warrants that there are no oral or written leases or rental agreements on all or any portion of the subject property, other than one business associate of Seller, and Seller agrees to hold the District harmless and reimburse the District for any and all liability, losses and expenses occasioned by reason of any such lease or rental agreement or occupancy other than said business associate of Seller. 8. RELOCATION WAIVER. It is understood and agreed by and between the parties hereto, thatthe payment stipulated in clause 2 hereinabove , includes, but is not limited to payment for any and all claims Seller or tenants or associates of Seller may have for relocation assistance benefits, and/or payments pursuant to California Government Code Title 1, Division 7, Chapter 16 (Sec. 7260 et seq.). Seller warrants that it will provide relocation of the current occupants of said property, including Seller, and Seller agrees to deliver the property described in Exhibits 'A' and 'B' vacant of all persons and personal property on or before May 31, 1980 as provided in clause 10 hereinbelow, and Seller, on behalf of itself and on behalf of the tenants and occupants of the premises, hereby specifically waives and releases District and its successor from any and all claims, by whatever name known, including, but not limited to claims for relocation benefits and/or payments pursuant to said California Code Section 7260 and following; and Seller agrees to hold District harmless and reimburse District for any and all liability, losses and expenses occasioned by reason of any and all of such claims. 9. REMOVAL OF PERSONALTY AND DEBRIS. It is understood and agreed by and between the parties hereto that included in the amount payable under clause 2 hereinabove is payment in full to compensate Seller for the expense in performing the following work: a. Remove and dispose of 35± motor vehicles, and miscellaneous motor vehicle parts, including engines, transmissions, etc. b. Remove and dispose of stock -piled used building materials. c. Remove and dispose of various buildings, sheds and shacks in varying degrees of disrepair d. Remove and dispose of accumulation of garbage, debris, tires, metal, junk and scrap and all other extraneous materials. e. Leave the property in good order and condition. It is agreed that seller will remove these items from. the property on or before May 31, 1980. It is further agreed that from the amount payable under clause 2.hereinabove, District is authorized to withhold the sum of Twenty Thousand and No/100 Dollars ($20,000.00) to cover District's cost to remove said items in the event seller fails to perform said removal or fails to leave the premises in a clean and presentable condition. 10. POSSESSION. It is agreed that Seller shall deliver possession of said purchased property, vacant, to District on or before May 31, 1980, in good order and condition, without further notice, and immediately thereafter deliver any keys thereto to District at 375 Distel Circle, Suite D-1, Los Altos, California 94022, and also pay all closing utility bills up to and including the date of vacation. 11. ACCEPTANCE. District shall have until Thursday, April 10, 1980 to accept and execute this agreement, and during said period, this contract shall constitute an irrevocable offer by Seller to enter into a contract with the District on the terms and conditions set forth herein, in consideration of which District has paid, and Seller acknowledges receipt of the sum of $10.00. This transaction shall close on or before Friday, April 25, 1980,or when Seller can deliver marketable title in accordance with clause 3 hereinabove whichever occurs last, through an escrow with First American Title Guarantee Company, 625 North First Street, San Jose, California 95112, escrow number 1 -8061 -JP. 12. The provisions hereof shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: APPROVED AS TO FORM: SELLER: Stanley Norton, District Counsel Billy Ray Fine ACCEPTED FOR RECOMMENDATION: Linda Lucille Fine L. Craig Britton Land Acquisition Manager Dated: RECOMMENDED FOR APPROVAL: Herbert Grench, General Manager APPROVED AND ACCEPTED: By: Barbara Green, President Board of Directors Dated: ATTEST: Clerk of the Board fa4N First American Title Guaranty Company MAIN OFFICE [X 675 North First St. San Jose. Calif. Phone 286-6353 PALO ALTO 0 550 Hamilton Ave. Palo Alto. Calif. Phone 326-5050 • PRELIMINARY REPORT • issued for Sole Use of • SUNNYVALE O 1055 Sunnyvale - Saratoga Rd. Sunnyvale, Calif., Phone 245-9661 LOS ALTOS O 445 S. San Antonio Rd. Los Altos. Calif. Phone 9414320 CUPERTINO 0 10370 So. De Anza Blvd. Cupertino, Calif. Phone 252-7000 SARATOGA O 14440 Big Basin Way Saratoga. Calif. Phone 867-0567 CAMPBELL O WEST VALLEYCI 2020 South Bascom Ave. 4125 Blackford Ave Campbell. Calif. Suite 100 Phone 377-2992 San Jose, California Phone No. 249-9611 BLOSSOM HILL 0 495 Blossom Hill Rd. San Jose. Calif. Phone 227-5111 Your No. Our Order No. 1-8061 Form of Policy Coverage Requested: 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 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. Dated as of December 4, 1979 at 7:30 a.m. Jeanne Presley Ethel Maehler ESCROW OFFICER TITLE OFFICER Title to said estate or interest at the date hereof is vested in: BILLY RAY FINE and LINDA LUCILLE FINE, his wife, as Joint Tenants 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: SEE NEXT PAGE ATTACHED. EXH; ! fl A 1 'Page I of 6, 1-8061 Page 2 A. Taxes for the fiscal year 1979-80, First Installment $192.85, Second Installment $192.85, APN 351-07-003, Code Area 79-034. Taxes for the fiscal year 1978-79 which may be reassessed by reason of: a) Improvements added subsequent to 3/1/75. b) Changes in ownership occurring subsequent to 3/1/75. c)' Reappraisal of property values as of 3/1/75. B. A Sale to the State of California for taxes for the fiscal year 1977-78 and subsequent delinquencies. Amount to redeem prior to December 31, 1979 is $1,284.55, APN 351-07-003. 1. Reservation contained in the Patent from the United States of America to Western Pacific Railroad Company, dated May 31, 1870 and recorded September 15, 1871 ("B" Pat. 10), records of Santa Clara County for the Southwest quarter of Section 15 and the East half of the Northeast quarter of Section 21, Township 7 South, Range 3 West, M.B.D. & M. together with other property, viz: "Excluding and excepting from the transfer by these presents all mineral lands, should any be found to exist in the tract described in the foregoing, but this exception and exclusion according to the terms of the Statute shall not be construed to include iron land." 2. Right of Way, recorded in Book 459, page 435 Official Records, executed by James Rolph & Co., a corporation, to Pacific Gas and Electric Company, a corporation, and reference is hereby made to the record thereof for further particulars. 3. An Easement for Skyline Boulevard with the right to extend all necessary slopes of cuts and fills as granted by Morton D. Joyce et al, to State of California by Deed, recorded in Book 506, page 472 of Official Records of San Mateo County, and also recorded in Book 555, page 26 of Official Records of Santa Clara County, and also easements affecting portion of herein described property lying within the boundaries of Page Mill Road or in described property lying within the boundaries of Page Mill Road or other existing roads and highways. 4. A Right of Way for electric transmission line etc., as conveyed to Pacific Gas and Electric Company, a corporation, by Deed recorded in Book 626, page 313 of Official Records, Santa Clara County Records, and reference is hereby made to the record thereof for further particulars. 5. A Right of Way for an electric transmission line etc., as conveyed to Pacific Gas and Electric Company, a California corporation, by instrument recorded in Book 881, page 562 of Official Records, and reference is hereby made to the record thereof for further particulars. 6. Deed of Trust to secure an indebtedness of $90,000.00 Dated: January 23; 1968 Trustor: Adobe Land, a Nevada.Corporation Trustee: Valley Title Company, a corporation Beneficiary: Jens Kari Kroijer and Lucille Kroijer, his wife Address: 203 Cloverdale Road, Shelbyville, Tenn. 37160 Recorded: January 25, 1968 in Book 8005, page 69 of Official Records EX H E3 r A Page a __ of c 1-8061 Page 3 7. Deed of Trust Dated: Trustor: Trustee: Beneficiary: Address: Recorded: to secure an indebtedness of $10,000.00 May 21, 1973 Carl Horvitz and Ann Horvitz, his wife Valley Title Company, a corporation Clarence L. Rainwater and Ingalina Rainwater, his Joint Tenants c/o Carl Horvitz 4133 El Camino Way, Palo Alto, CA 94306 June 8, 1973 in Book 0415, page 551 of Official Records wife, as On the date thereof said trustor had no record interest in said land nor has since acquired any. Any interest of Carl Horvitz and Ann Horvitz, his wife in and to premises as disclosed by their joinder in the Deed of Trust last above referred to. 8. All Inclusive Dated: Trustor: Trustee: Beneficiary: Address: Recorded: Deed of Trust to secure an indebtedness of $150,000.00 August 1, 1977 Billy Ray Fine and Linda Lucille Fine, his wife None Shown O'Brien Building Co., Inc., a Nevada Corporation 4151 Middlefield Road, Palo Alto, Ca 94303 August 12, 1977 in Book D 069, page 228 of Official Records The Beneficial interest was assigned to O'Brien Building Co., Inc., a Nevada Corporation recorded November 9, 1979 in Book E 932, page 108 of Official Records. Address: c/o Carl Horvitz 4151 Middlefield Road, Palo Alto, Calif. 94303 9. Deed of Trust to secure an indebtedness of $12,000.00 Dated: March 1, 1978 Trustor: Billy Ray Fine Trustee: American Securities Company, a California corporation Beneficiary: Ernest E. Fine Address: Rural Route #5 Box 23, Enid, Oklahoma 73701 Recorded: May 2, 1978 in Book D 637, page 724 of Official Records 10. The records disclose the following against parties with the same or similar names as vestee; inquiry should be made to establish the identity of said parties: a) Judgment Court: Case No.: Creditor: Debtor: Amount: Entered: Recorded: Attorney: for the amount herein stated and any other amounts due. Municipal Court of California, County of San Mateo Southern Judicial District, Redwood City Branch 49941 Eichrome Building Materials Co., Inc. Bill Fine, aka William Fine $4,940.13 November 9, 1978 November 30, 1978 in Book E 130, page 185 of Official Records Bernard S. Greenfield, Berliner, Cohen & Biagini 101 Park Center Plaza, #700, San Jose, CA 95113 Phone: (408) 286-5800 EXHIBIT A Page 3 of 1-8061 Page 4 11. Any unrecorded leases which may be disclosed by an inspection of the premises. NOTE: A) The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: NONE LEGAL DESCRIPTION: See Exhibit "A" 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. EXHIBIT A 33e of 6 1-8061 EXHIBIT "A" Real property situated in the County of Santa Clara, State of California, described as follows: BEGINNING at a railroad spike set flush at the point of intersection of the center line of the Skyline Boulevard with the center line of the Page Mill Road (sometimes called the Alpine Road) as now traveled at a point distant South 12° 15' 30" West 412.10 feet from the granite monument set at a common corner for Sections 15, 16, 21 and 22, Township 7 South, Range 3 West, Mount Diablo Base and Meridian; said point of beginning also being the same point of beginning as described in that certain Deed from James Rolph III to Gatis Yates recorded August 7, 1936 in Book 702 Official Records, page 336, San Mateo County Records and also recorded August 3, 1936 in Book 780 of Official Records, page 550, Records of Santa Clara County; thence along the center line of the Skyline Boulevard North 38° 27' 30" West 102.14 feet; thence North 38° 28' 30" West 967.66 feet to Engineer's Station E. C. 371+07.34; thence on a curve to the left, having a radius of 1500 feet and a central angle of 30° 04' a distance of 787.14 feet to Engineer's Station B.C. 363+20.20, the radius of said curve at Engineer's Station E.C. 371+07.34 bears South 51° 31' 30" West; thence leaving the center line of the Skyline Boulevard North 21° 27' 30" East 50.00 feet to a concrete monument, said monument marking the Northerly boundary of the Skyline Boulevard at Engineer's Station B.C. 363+20.20; thence North 54° 23' 00" East 71.79 feet to a 2" x 2" stake and North 54° 23' 00" East 100.70 feet to a 2" x 2" stake, thence North 18° 47' 30" East 94.49 feet to a 2" x 2" stake; thence North 43° 08' 30" East 172.58 feet to a 2" x 2" stake (from which a nail and shiner in an Oak Tree 20 inches in diameter bears North 8° 17' 30" East 35.4 feet; and from which a nail and shiner in an Oak Tree 6 inches in diameter bears South 17° 05' 30" West 47.9 feet); thence South 87° 25' 30" East 144.94 feet to a 2" x 2" stake; (from which a nail and shiner in an Oak Tree 40 inches in diameter bears North 28° 34' 30" East 59.85 feet; and from which a nail and shiner in an Oak Tree 10 inches in diameter bears South 16° 02' 30" West 22.90 feet;) thence North 80° 52' 30" East 227.13 feet to a 2" x 2" stake; thence South 82° 43' 30" East 94.54 feet to a 2" x 2" stake in a fence and South 82° 43' 30" East 46.07 feet to a nail and shiner in Page Mill Road (sometimes called the Alpine Road); thence along the approximate center line of Page Mill Road as described in that certain Deed from James Rolph III to Gatis Yates, filed for record August 7, 1936 in Book 702 Official Records, page 336, San Mateo County Records; the following courses and distances: South 53° 52' West 176.18 feet to "R18;" thence South 33° 14' East 196.00 feet to an iron lag screw set flush at Station "R 17" (from which a double live Oak 12 inches in diameter bears South 88° West 39.22 feet and a double Madrona 10 inches in diameter bears North 33° 15' East 19.87, both trees being marked "B.T.R. 17"); thence South 9° 46' West 131.4 feet to "R 16"; thence South 63° 14' East 136.6 feet to "R 15"; thence North 77° 42' East 156.9 feet to "R 14"; thence South 31° 29' East 270.4 feet to "R 13"; thence South 100 21' West 88.4 feet to "R 12"; thence South 53° 45' East 99.3 feet to a railroad spike set flush at Station "Ril" (from which a live oak 40 inches in diameter bears South 42° 15' East EXHIBIT 71 . Page 5 ©f 6 Y 1-8061 Exhibit "A" Page 2 32.60 feet and a Mountain Oak 14 inches in diameter bears 53.20 feet., both trees being marked "B.T.R.11"); thence South 21° 59' East 145.0 feet to thence South 45° 24' East 100.6 feet to thence South 33° 02' East 149.0 feet to thence South 84° 52' East 104.5 feet to thence South 65° 43' East 146.0 feet to thence South 31° 51' East 241.9 feet to South 12° 30' East "R 10"; "R 9" • "R 8"; "R 7"; "R 6"; a railroad spike set flush at Station "R 5" (from which a live oak 14 inches in diameter bears South 61° 30' East 26.00 feet and a live oak 26 inches in diameter bears North 20° East 17.62 feet, both trees being marked "B.T.R.5"); thence South 2° 01' West 86.0 feet to thence South 47° 11' West 268.0 feet to thence South 76° 10' West 136.4 feet to thence North 80° 03' West 190.6 feet to "R 4"; "R 3"; "R 2"; the point of beginning. EXCEPTING THEREFROM all that portion thereof included within the bounds of the County of San Mateo, State of California. EXHIBIT A a'a9e 6 of 6 • eisk 4SS AMtA,/C 4. Subject to a minimum charge as required hy Section 12104 of the rrt;urance Code. PRELIMINARY REPORT First American Title Insurance Company San Mateo County Division FoR.+_a;Y San Mateo County Tire Company ESTABUsKED tau Refer to Order Number and Office as indicated. x MID —PENINSULA REGIONAL OPEN .SPACE DISTRICT 375 DISTEL SUITE I)-1 LOS ALTOS, CA. ' Title Order No. 270805 JPT Customer's Reference: SJ 1-8061, J. Presley 535 Marshall Street 367-9033 Redwood City, Ca. 9s3* 1 1100 So. El Cans:no Reat 341-2691 San Mateo, Ca. 94432 1001 Crane Street 3237775 Menlo Park, Ca. 94025 777 Kains Avenue. San Bryn*. Ca. 94066 5a3.9324 150 88th Street 992-4606 Doty City, Ca. 94017 100 Cabrillo Hwy. honk 726.4416 Half Moon Bay, Cs. 94319 401 G Primrose Raid 347.7076 Burlingame, Ca. 94310 Forrn of Policy. Coverage Requested: =CAUFORN1A LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 0 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 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 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. Hen or encum- brance 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 sotety 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 In- surance. a Binder or Commitment should be requested. December 18, 1979 JOSEPH P. TAYLOR, Dated as of at 7:30 a.m. Title of said estate or interest at the date hereof is vested In: ESCROW 1. TITLE OFFICER BILLY RAY FINE AND LINDA LUCILLE FINE, his wife, as joint tenants The estate or Interest In the land hereinafter described or referred to covered by this Report isxfZ FEE r'. 0 LEASEHOLD At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions contained in said policy form would . be as follows: �;.`s�1:.117 ________, . Pana t of 270805 1. General and Special Taxes for the fiscal year 1979-80. First Installment $38.40, Delinquent, Penalty $2.30 Second Installment $38.40 Code Area: 66-22 A. P. No.: 080 272 010 Page 2. NOTE: Any general and special taxes for the fiscal year 1978-79 which may be assessed by reason of: a. Improvements added subsequent to March 1, 1975. b. Changes in ownership occuring subsequent to March 1, 1975. c. Reappraisal of property values as of March 1, 1975. 2. Sale to the State of California for nonpayment of General and Special Taxes for the fiscal years 1977-78, 19.78-79 and subsequent delinquencies. Amount to redeem on or before December 31, 1979 $268.12. Tax Sale No. 4435 Code Area: 66-22 A. P. No.: 080 272 010 3. EASEMENTS over all existing public and private roads within the herein described property. 4. EASEMENT for Skyline Boulevard with the right to extend all necessary slopes, cuts and fills as granted by Deed from : Morton D. Joyce, et al to : State of California dated : October 14, 1930 recorded : January 29, 1931 File No. : 77373-13 Book 506 of Official Records at page 472, Records of San Mateo County, California. 5. RIGHT OF WAY over the herein described property, as granted in Instrument From : James Rolph III To : Pacific Gas and Electric Company Dated : August 24, 1932 Recorded : August 26, 1932 Book/Reel 570 of Official Records of San Mateo County at Page/ Image 355. Grants Right of Way for single line of poles. 6. RIGHT OF WAY over the herein described property, as granted in Instrument From : James Rolph III and Jane Richey Rolph, husband and wife To Pacific Gas and Electric Company Dated : May 26, 1938 Recorded : June 20, 1938 Document No: 33706-D Book/Reel 789 of Official Records of San Mateo County at Page/ Image 439. Grants Right of Way for pole lines. EnliBI .3 ?aje-of 270805 Page 3. 7. DEED OF• TRUST securing payment of $90,000.00 Trustor : Adobe Land, a Nevada corporation Trustee : Valley Title Company, a corporation Beneficiary: Jens Kari Kroijer and Lucille Kroijer, his wife Dated : January 23, 1968 Recorded : January 25, 1968 Document No: 14125 -AB Book/Reel 5422 of Official Records of San Mateo County at Page/Image 434. Beneficiary's Address - 203 Cloverdale Rd., Shelbyville, Tenn. 37160 Loan No. not shown 8. DEED OF TRUST securing payment of $150,000.00 Trustor : Billy Ray Fine and Linda Lucille Fine, his wife Beneficiary: O'Brien Building Co., Inc., a Nevada corporation Dated : August 1, 1977 Recorded : August 12, 1977 Document No: 59819 -AL Book/Reel 7573 of Official Records of San Mateo County at Page/Image 80. Beneficiary's Address - 4151 Middlefield Rd., Palo Alto, Ca. 94303 Loan No. not shown Said Deed of Trust was re-recorded: August 27, 1977 File No. : 63396 -AL Book 7581 of Official Records at page 367, Records of San Mateo County, California. ASSIGNMENT from O'Brien Building Co., Inc., a Nevada corporation To : Abraham I. Fischer and Bernice S. Fischer, his wife Dated : March 14, 1978 Recorded : March 20, 1978 Document No: 43567 -AM Book/Reel 7726 of Official Records of San Mateo County at Page/Image 1718. Assigns all interest in Deed of Trust recorded in Boo}:/Reel 7573 of Official Records at page/Image 80. Assignee's Address: 948 Altos Oaks Drive, Los Altos, Ca. 94022 ASSIGNMENT from Abraham A. Fischer and Bernice S. Fischer To : O'Brien Building Co., Inc., a Nevada corporation Dated : September 25, 1979 Recorded : November 9, 1979 Document No: 83623 -AO Book/Reel 7912 of Official Records of San Mateo County at Page/Image 2059. Assigns all interest in Deed of Trust recorded in Book/Reel 7573 of Official Records at page/Image 80. Assignee's Address: not shown ENE B Page 3 of 270805 Page 4. 9. JUDGMENT, issued out of the Municipal Court, ' Southern Judicial District, County of San Mateo, State of California, Case No. 49941, entitled, "Eichrome Building Materials Co. Inc., Plaintiff vs. Bill Fine aka William Fine, Defendant", Dated : November 22, 1978 Recorded : December 7, 1978 Document No: 49060 -AN Book/Reel 7804 of Official Records of San Mateo County at Page/Image 1890 Amount of Judgment: $4940.13 Attorneys: Bernard S. Greenfield, 101 Park Center Plaza #700, San Jose, Ca. 95113 Telephone: 286 5800 10. DEED OF TRUST securing payment of $6,380.75 Trustor : Billy Ray Fine and Linda Lucille Fine, husband and wife Trustee : First American Title Insurance Company, a California corporation Beneficiary: E. G. Fitzgerald and Hazel E. Fitzgerald, husband and wife, as joint tenants Dated : May 29, 1979 Recorded June 1, 1979 Document No: 14182 -AO Book/Reel 7852 of Official Records of San Mateo County at Page/Image 1047. Beneficiary's Address - 846 Piedmont Way, Redwood City, Ca. Loan No. not shown 11. STATE TAX LIEN in the amount of $78.93 and any other amounts due thereunder. In favor of: State of .California Against : Billy Ray Fine, dba Fine Brothers Auto Wreckers Account No.: 258-7357-1 Certificate No: K 22364 Dated : June 28, 1979 Recorded : July 2, 1979 Document No: 27587 -AO Book/Reel 7862 of Official Records of San Mateo County at Page/Image 2165. Address of Claimant: 800 Capitol Mall, Sacramento, Ca. 12. JUDGMENT, issued out of the Small Claims Court, Southern Judicial District, County of San Mateo, State of California, Case No. 59,759 entitled, "State of California, Department of Transportation, Plaintiff vs. Billy Ray Fine, an ind. & dba Fine Bros. Auto Wreckers, Defendant" Dated : August 13, 1979 Recorded : August 24, 1979 Document No: 52871 -AO Book/Reel 7833 of Official Records of San Mateo County at Page/Image 773. Amount of Judgment: $264.16 Attorneys: not shown ..� Telephone: not shown . a .: t4 of 270805 Page 5. 13. JUDGMENT, issued out of the Municipal Court, Southern Judicial District, County of San Mateo, State of California, Case No. 5.2012, entitled, "J. Stewart, Plaintiff.vs. Billy R. Fine, individually and dba Fine Brothers Wrecking, Defendant" Dated : September 20, 1979 Recorded : October 4, 1979 Document No: 69279 -AO Book/Reel 7901 of Official Records of San Mateo County at Page/Image 792. Amount of Judgment: $705.24 Attorneys: Auerbach & Dauphin 177 Post St., Suite 650, San Francisco, Ca. 94108 Telephone: 781 7584 14. FEDERAL TAX LIEN in the amount of $1,019.46 and any other amounts due thereunder. In favor of: United States of America Against : Billy Ray Fine, dba Fine Brothers Wrecking Serial No. : 9435 (14) 79-1041 Identifying No: 94 2499830 Dated : November 5, 1979 Recorded : November 15, 1979 Document No: 85734 -AO Book/Reel 7914 of Official Records of San Mateo County at Page/Image 918. Address of Claimant: not shown 15. FEDERAL TAX LIEN in the amount of $4,424.00 and any other amounts due thereunder. In favor of: United States of America Against : Billy R. Fine and Linda L. Fine Serial No. : 9435 (14) 80-1081 Identifying No: 514 36 9989 Dated : November 20, 1979 Recorded : November 23, 1979 Document No: 89142 -AO Book/Reel 7916 of Official Records of San Mateo County at Page/Image 1955. Address of Claimant: not shown 16. CERTIFICATE of delinquent personal property tax: $158.82 Taxpayer : Billy Ray Fine, dba Fine Brothers Auto Wrecking Certificate No: 18948 Tax Year Dated Recorded Document No. Book/Reel 7921 of Official Records of San: Mateo County at Page/Image 345. : 1979-80 : November 27, 1979 :*December 6, 1979 : 95362 -AO There have been no deeds recorded within the last six months prior to the date of this report, affecting the herein described property. Paae ,5 of q 270805 DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: Page 6. BEGINNING at • a railroad spike set flush at the point of intersection of the center line of the Skyline Boulevard with the center line of the Page Mill Road (sometimes called the Alpine Road) as now traveled at a point distant South 12° 15' 30" West, 412.10 feet from the granite monument set at the common corner for Sections 15, 16, 21 and 22, Town- ship 7 South, Range 3 West, Mount Diablo Base and Meridian, said point of beginning also being the same point of beginning as described in that certain Deed from James Rolph III to Gatis Yates recorded August 7, 1936 in Book 702 of Official Records at page 336, Records of San Mateo County, California; and also recorded August 3, 1936 in Book 780 of Official Records at page 550, Records of Santa Clara County, California; thence along the center line of the Skyline Boulevard North 38° 27' 30" West 102.14 feet; thence North 38° 28' 30" West 967.66 feet to Engineer's Station E. C. 371 + 07.34; thence on a curve to the left having a radius of 1500 feet and a central angle of 30° 04' a distance of 787.14 feet to Engineer's Station B. C. 363 + 20.20 the radius of said curve • at Engineer's Station E. C. 371 + 07.34 bears South 51° 31' 30" west; thence leaving the center line of the Skyline Boulevard North 21° 27' 30" East 50.00 feet to a concrete monument, said monument marking the Northerly boundary of the Skyline Boulevard at Engineer's Station B. C. 363 + 20.20; thence North 54° 23' 00" East 71.79 feet to a 2" x 2" stake and North 54° 23' 00" East 100.70 feet to a 2" x 2" stake; thence North 18° 47' 30" East 94.49 feet to a 2" x 2" stake; thence North 43° 08' 30" East 172.58 feet to a 2" x 2" stake (from which a nail and shiner in an Oak Tree 20 inches in diameter bears North 8° 17' 30" East 35.4 feet; and from which a nail and shiner in an oak tree 6 inches in diameter bears South 17° 05' 30" West 47.9 feet); thence South 87° 25' 30" East 144.94 feet to a 2" x 2" stake; (from which a nail and shiner in an oak tree 40 inches in diameter bears North 28° 34' 30" East 59.85 feet and from which a nail and shiner in an oak tree 10 inches in diameter bears South 16° 02' 30" West 22.90 feet); thence North 80° 52' 30" East 227.13 feet to a 2" x 2" stake; thence South 82° 43' 30" East 94.54 feet to a 2" x 2" stake in a fence and South 82° 43' 30"East 46.07 feet to a nail and shiner in Page Mill Road (sometimes called The Alpine Road); thence along the approximate center line of Page Mill Road as described in that certain Deed from James Rolph III to Gatis Yates, filed for record August 7, 1936 in Book 702 of Official Records at 336, Records of San Mateo County, California, the following courses and distances: South 53° 52' West 176.18 feet to "R-18"; thence South EXHIBIT 13 CONTINUED Page (p .of 270805 Page 7. 33° 14' East 196.00 feet to an iron lag screw set flush at Station "R-17" (from which a double live oak 12 inches in diameter bears South 88° West 39.22 feet and a double Madrona 10 inchesin diameter bears North 33° 15' East 19.87 feet, both trees being marked "B.T.R. 17"); thence South 9° 46' West 131.4 feet to "R-16"; thence South 63° 14' East 136.6 feet to "R-15"; thence North 77° 42' East 156.9 feet to "R-14"; thence South 31° 29' East 270.4 feet to "R-13"; thence South 10° 21' West 88.4 feet to "R-12"; thence South 53° 45' East 99.3 feet 'to a railroad spike set flush at Station "R-11" (from which a live oak 40 inches in diameter bears South 42°.15' East 32.60 feet and a Mountain Oak 14 inches in diameter bears South 12° 30' East 53.20 feet, both trees being marked "B.T.R. 11"); thence South 21° 59' East 145.0 feet to "R-10"; thence South 45° 34' East 100.6 to "R-9"; thence South 33° 02' East 149.0 feet to -"k-8"; thence South 84° 52'. East 104.5 feet to "R-7"; thence South 65° 43' East 146.0 feet to."R-6"; thence South 31° 51' East 241.9 feet to a railroad spike set flush at Station "R-5" (from which a live oak 14 inches in diameter bears South 61° 30' East 26.00 feet and live oak 26 inches in diameter bears North 20° East 17.62 feet, both trees being marked "B.T.R.-5") ; thence South 2° 01' West 86.0 feet to "R-4"; thence South 47° 11' West 268.0 feet to R-3"; thence South 76° 10' West 136.4 feet to "R-2"; thence North 80° 03' West 190.6 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof included within the bounds of the County of Santa Clara, State of California. ALSO EXCEPTING any portion that lies within its boundaries of Skyline Blvd. and Page Mill Road. AP 080 272 010 JPN 80 27 272 1 A ORDER DATE - December 18, 1979 S.T.R.DATE - None L L/g m D 539 A 19, 20., 26, 28, B 2 and 3 Page i of g r SAN AfATEo Cot hrrr SANTA CL ARA . COUNT," • • ¢ � x furlsj i. .; a �" s to N r - a dew Ow.. 14744 A Antes " I JIT • • Aro-Ir'T• tic EH 3 B I• Page F of $...._� • CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SEC. 27281) This is to certify that the interest in real property conveyed by the foregoing deed, grant or other instrument dated , from BILLY RAY FINE, et ux to the Midpeninsula Regional Open Space District, a.public district, is hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by resolution of the Board of Directors of the Midpeninsula Regional Open Space District bearing No.80-20, adopted on April 9, 1980 , and the grantee consents to recordation thereof. Dated 0_,,, f l - i'uld ; April 9 , 19 80 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Barbara Green, President District Clerk