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HomeMy Public PortalAboutResolution - 84-49- 19841130 - BarlowRESOLUTION NO. 84-49 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN S�E, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO­ PRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE DISTRICT -BARLOW 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 Reg ional Open Space District does hereby accept the of fer contained in that cer�ain Purchase Agreement -Bargain Sale between Robert W. Barlow and the Midpeninsula Re gional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and au thorizes the President or appropriate officer to execu te the Agreement on behalf of the District. Section Two. The President of the Board or other appro­ priate officer is au thorized to execute a Certificate of Acceptance of the Grant Deed.conveying title to the property being acquired by the District. 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 documen ts 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 insur­ ance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * RESOLUTION NO. 84-49 _ ........... ...____.._ __ . ·-·---. -..... -. ·-__ .. ---·�··--·--·---�-----.. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on December 12 ,19�4at a regular meeting thereof, by the following vote: AYES: Y�therine Duffy, B:iward Shelley, Richard Bishop, Daniel Wendin, Teena Eenshaw, Nanette Eanko ani I:arry Turner NOES: None ABSTAIN : .Hone ABSENT : Hone ATTEST: ��· Secretary, Bo�irectors APPROVED: 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. '� PURCHASE AGREEMENT -BARGAIN SALE THIS AGREfil1E:�T is made and entered into by and between ROBERT W .. BARLOW, an un.rnarried man, hereinafter called "SELLER" and the MIDPE?JINSUL.'t\. RE GIONAL OPEN SPACE DISTRICT, hereinafter called "BUYER," WITNESSETH WHEHEAS, SELLER is the owner of certain real property which has natural beauty, open space and recreational value, and eco�ogical significance, located within an unincorporated area of Santa Clara County and being more· particularly described within the body of this Agreement. WHEREAS, BUYER was formed by voter initiative to solicit and receive conveyances of real property, by purchase, gift, or bargain purchase exclusively for public park, recreation, scenic and open space purposes, and WHEREAS, BUYER desires to purchase said property both as open space and as part of the recreational, ecological and aesthetic resources of the Midpeninsula area, and WHEHEAS, SELLER, out of its desire to promote the public, social and economic welfare, and to share the natural and scenic be·auty and enjoyment of said property with the citizens of the Midpeninsula area, wishes to sell and convey said property to BUYER at a purchase price below its fair market value,. and BUYER wishes to.purchase and receive said property at the advantageous bargain price .. so offered.--� NOW, THEP�FORE, IT IS MUTUALLY UNDERSTOOD A..�D AGREED as follows: 1. PURCHASED PROPERTY SELLER agrees to sell to BUYER, and BUYER agrees to purchase from SELLER, SELLER'S real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one hundred twenty (120 ) acres, and commonly referred to as Santa Clara County Assessor's Parcel Nos. 562-04-007,-00 8, and being more particularly described in Preliminary Title Report No. 1-8391, dated August 6, 19 84, from First American Tit+e Guaranty Company, · attached as "Exhibit A" hereto and by this reference ; ... • Purchase Agreement -Bargain Sale Barlow Page Two incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appur­ tenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT 3. The total purchase price shall be One Hundred Thousand and No/100 Dollars ($100,000.00) payable in the follow- ing manner: a) BUYER shall pay the sum of Five Thousand and No/100 Dollars ($5,00 0.00) in cash upon close of escrow as hereinafter provided. b) �he remaining balance of said purchase price of Ninety-Five Thousand and No/100 Dollars ($95,000.00) shall be evidenced by a pro�issory note which shall be paid in semi-annual principal installments of Four Thousand Seven Hundred Fifty and No/100 Dollars ($4,750.00), or more, together with accrued, tax­ free interest, at the rate of eight and one-half percent (8.5%) per annum on the unpaid balance, and .. � contifi.uing until said principal and accrued inter­ est are paid in full. Said note shall be secured by a first Deed of Trust against the subject prop­ erty. TITLE AND POSSESSION Title and possession of the subject property shall be conveyed to BUYER at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judg­ ments, easements, taxes, assessments, covenants, restrictions, rights, and conditions of record except: a) Taxes for the fiscal year in which this escrow closes shall be .cleared and oaid for in the manner required by Section 49 86 of the Revenue and Taxa­ tion Code. b) Typewritten exceptions numbered 3 through 5 listed in said Preliminary Title Report ("Exhibit A"). Purchase Agreement -Bargain Sale Barlow Page Three 4. COSTS s. 6. BUYER shall pay all escrow, recording, and customary title insurance· charges and fees incurred in this trans­ action. ·SELLER shall be responsible for 1 and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to BUYER. WAIVER OF STATUTORY COMPENSATI ON/BARGAIN SALE SELLER and BUYER understand and agree that SELLER may be entitled to receive the fair market value of the property described in "Exhibit A", as provided for by the Federal Uniform Relocation Assista..�ce and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267, and follow­ ing. Further, it is acknowledged by B UYER;·and SELLER that the purchase price being paid for the property is less than the property's fair market value, and that the difference in the price.being paid to BUYER and the property's fair market value is being donated to BUYER · as part of this transaction. SELLER hereby waives any ··and all e'xisting and/or future rights it may have to the fair market value of said property, appraisals, etc., as provided for by said Federal Law and California Govern­ ment Code Sections. COMM ISS IONS Neither SELLER nor BUYER shall have any obligation to pay any real estate agent's commission or other re­ lated costs or fees in connection with this transaction. 7. RIGHT OF FIRST REFUSAL SELLER agrees to grant and be bound by all of the terms and conditions of a Right of First Refusal in the form attached hereto and designated "Exhibit B" and incor­ porated herein by this reference; which Right of First Refusal shall be recorded. It is specifically understood and agreed that the grant of said Right of First Refusal is an integral part of the consideration for the sums to be paid to SELLER here­ under and that SELLER is fully and fairly compensated Purchase Agreement -Bargain Sale Barlow Page Four for the voluntary imposition of said Right.of First Refusal. The parties on behlaf of themse lves and their successors and assigns of every nature specifically agree and acknowledge that this Paragraph is not, and does not, in any way, constitute a restraint on alienation. 8. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there are no oral or written leases or rental agreements affecting all or any portion of the subject property, or any person lawfully occupying the property, and SELLER further warrants and agrees to hold BUYER free and harmless and·to reimburse BUYER for· ... any and all costs, liability, loss or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement or occupancy of the property (including, but not limited to, relocation payments and expenses provided for in Section 7270 , et seq., of the California Code). 9. ACCEPTANCE AND TERM OF ESCROW BUYER shall have until December 13, 1984 to accept and execute this Agreement provided that SELLER executes ·.� this Agreement on or before December 4, 1984, and during said period this instrument shall constitute an irrevocable offer by SELLER to enter into a con­ tract with BUYER on the terms and conditions set forth herein; in consideration of which BUYER has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10.00). In the event BUYER does not deliver to SELLER a signed copy of this Agreement, on or· be·fore December 31, 1984, this Agreement shall be automatically terminated and of no further force and effect. 10. TIME OF ESSENCE Time being of essence and provided that this Agreement is accepted and executed by BUYER, within the time period stipulated herein above, this transaction shall close as soon as practicable, but not later than December 31, 1984, following the acceptance and execu­ tion by BUYER throug h an escrow (No. 1-8391) to be conducted by First A.�erican Title Guaranty Company, 675 North First Street, San Jose, California 95112, or other such escrow holder as may be designated by the BUYER. . -. Purchase Agreement -Bargain Sale Barlow 11. ACCRUAL Page Five The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or suc­ cessors in interest of the parties hereto. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AS TO FORM: unsel ACCEPTED FOR RECOMMENDATION: 1 fa ... , ·.· - � �uun Will1am S. Tannenbaum Real Property Representative APPROVED A._ND ACCEPTED: President, Board of Directors Date: I I SELLER /';4-J{' L Robe t W. Barlow Date: I/-3GJ-ff/ .... ;-a.., � First American Title Guaranty Company � . .//df �� �-­.... ® .... D CAMPBELL 2020 SOUTH BASCOM AVE. CAMPBELL, CA 95008 (4081 377-2992 D CUPERTIN°0 10370 SOUTH DEANZA BLVD. CUPERTINO. CA 95014 14081 252· 7000 D 1.0S ALTOS 445 SAN ANTONIO RD. •101 LOS ALTOS. CA 94022 14151 941 ·3320 Subject to a minimum charge required by Section 12404 of the Insurance Code. D BLOSSOM HILL·SAN JOSE 499 BLOSSOM HILL RD. )@ SANJOSE 675NORTH FIRST ST. D WEST VALLEV0SAN JOSE 4125 B�CKFORO AVE. •100 SAN JOSE. CA 95117 44081249-961' SAN JOSE, CA 95123 14081 227·5111 SAN JOSE. CA95112 14081 286·6353 UPDATE Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, Ca 94022 Attention: Sandy Form of Policy Coverage Requested: TITLE OFFICER: Linda Rinehart Escrow Officer: Stella Hagdohl Your No.: None shown Our Order No.: 1-8391 Property Address: None shown DPALOALTO 550 HAMIL TON A,Yl;.3 Ol PALO A LT O, CA �4 14151 326·5050 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. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insur­ ance and no liability is assumed �ereby. I fit is desired that liability be assumed prior to the issuance of a policy of title insurance. a Binder or Commitment should be request�-d. · �. ··� · ·· Dated as of August 6, 1984 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: ROBERT W. BARLOW, as bis separate property The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE TITLE OPERATIONS MANAGER At the date hereof exceptions to coverage in addition to t he printed exceptions and exclusions contained in said policy form would be as follows: (SEE NEXT PAGE) EXHIBIT A -----..... FORM 4288·201 (REV. 12/83) Page __ / _of._1-__ •. �er No. 1=8391 page 2 1. Taxes for the fiscal year 1984-85, a lien not yet due or payable. 2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 3. An Easement for road purposes over that certain road known as ''Loma-Almaden Road", as granted in the deed from Alice Gripenstraw to the United States of America, recorded May 16, 1957 in Book 3800 of Official Records, page 1. 4 . Right of Way 20 feet in width with the right from time to time to construct, place, inspect, maintain, repair, replace, use, operate and patrol thereon, therein and thereunder aerial and underground wires, cables and other electrical conductions with associated poles, conduits, manholes, marker posts and other appurtenances as granted in the deed from Alice Gripenstraw to The Pacific Telephone and Telegraph Company, a corporation, recorded April 11, 1960 in Book 4743 of Official �ecords, page 171. 5. Terms, Provisions and Conditions of that certain instrument entitled "Notice of Violation of Grading Ordinance" recorded May 5, 1980 in Book F310, page 268 ·of Official Records. (Reference is hereby made to the record thereof for full particulars ) 6. Any unrecorded leases which may be disclosed by an inspection of the premises. EXHIBIT A -----Page 0\ ofr ·--- NOTES:· Order No. page 3 1-8391 A) According to the public records, there have been no deeds conveying the herein described 'property recorded within six months prior to the date hereof except as follows: NONE B) Both InstallI!lents of First Installment Second Installment Assessors No. Code Area Both Installments of First Installment Second Installment Assessors No. Code Area Taxes for the fiscal year : $51.33 : $51.33 562-04-007 72-007 1983-84 have been paid in full Taxes for the fiscal year 1983 -84 have been paid in full $57 .10 : $57 .10 562-04-008 : 80-008 EXHIBIT __ A __ Page ....3 of 1' LEGAL DESCRIPTION: � 0Luer No. 1-8391 page 4 Real property situated in the County of Santa Clara, State of California, described as follows: The North 1/2 of t�e Southeast 1/4 and the Northeast 1/4 of the Southwest 1/4 of Section 18, Township 9 South, Range 1 East, Mount Diablo Base and Meridian. . .. ... ., EXH I B IT_A _ ___, ..... Page 4-o·f .. _.:1-__ LIST OF PRINT�EXCEPTIONS AND EXCLUS1r-1S (By Policy Type) 1. CALI FORN IA LA ND TITLE ASSOCIATION STANDARD COVERAG E POLICY -1973 SC H EDULE B This poliey does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. 2. 3. 4. Taxes CC' assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the p.1tslic records. Proceedinss by a public ageney which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the . public reeOf"ds. Any fae<;s, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. Easemen-:s. liens or encumbrances, or claims thereof, which �re not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct sul"\l9y would disclose, and which are not shown by the public records. 5. (a) Unpr.ented mining claims; lb) reservations er exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any rign:. title, interest, estate er easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, l'02lds, avenues. alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abuning owner for access to a physically open s�t or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances, restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on the land. or prohibiting a separation in ownership or a reduction in the dimensions, or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent dor:tain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. · Defects, liens, encumbrances, adverse claims, or other matters (a, created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy er at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant becar:e an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or Ce) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaier or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SC HEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law. ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occu:::anc:v. use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or herea�er erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of policy power unless notice of the exercise cf such rights appears in the J)1.lblic records at Date of Policy. 3. Defects. liens, encumbrances, adverse claims, or other matters (al created, suffered, assumed or agreed to by the insured claimant: lb) not known to the Com;any and not shown bv the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this pcliey and not disclosed in writing by the irisurecr·claimant to the'·'Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured ctaimant, (di attaching or created subsequent to Date of Policy :or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AM ERI CAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS In addition to th� Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. G_overnmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and afso laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Poliey Date. 3. Tine Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date· unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date · this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lacie of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SC HEDULE B ·EXCEPTIONS I� addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights. interests or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This exceptio.., does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts aboUt the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water ris;hts, claims or title to water on or under the land. Continued on Next Page FORM 4288-1 (12/83) EXHIBIT Fage .3 of 1 •. 2. 3. 4. 4. AMERICAN LAND TITLE ASSOCIATION LOAN PO LICY -1970 WITH A.LT �NDORSl:MENT F ORM 1 COVER AGE (AM�ED 10.17-70) '"" .�ED ULE OF EXC LUSIONS FROM COVERA Any law. ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrbng er regulating or prohibiting the occupancy. use or enjoyment of tho land, or regulating the character, dimensions or location f?f any improvement now or hereaftet" erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land. or the effect of any violation of any such law. ordinance or goY9mmental regulation. Rights of eminent domain or governmental righu of police power unless notice of the e)(ercise of such rights appears in tl'\it E>UbJic recotds at Date of Policy. Defects, liens, encumbrances. adverse claims. or other matters lat created, suffered. assumed or agreed to by the insured daimant; lb) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant ac::uired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prfar to the dam such insured claimant became an insured hereunder; fcl resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (exce;n to the extent insurance is afforded herein as to any rtr.utory lien for labor or material or to the extent insurance Is afforded herein as to assessments for street improwements under constNetion or completed at Date of POiicy.) Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any �uent owner of the indebtedness to comply whh aeiolicablt "doing business·· laws of the state in which the land is situated. s.· AMER ICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B-1970 (AM EN DED 10-17·70) WITH REGIONAL EXCEPTIONS SCHED ULE OF EXCLUSIONS FROM COVER AGE 1. Any law, ordinance or govemmental regulation (including but not limited to building and zoning ordinances) restri�g or 1"e9Jlating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or location of any improvement now or hereafter � on th• land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or gowmmental regulation. 2. Rights of eminent domain or governmental righu of police power unless notice of the exercise of such rights appears in :he public records at Date of Policy. 3. O�ecu. lienS. encumbrances, adverse claims. or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such daiman: acquif!ld an estate or interest by this policy and not cfasclcsed in wrinng by the insured claimant to the Company prior to the date such insured daimant became an insunc hereunder; (ct resulting in no loss or damage to the insured claimant; (dt attaching or created subsequent to Date of Policy; or (et resulting in lou or damage which wou� not have been sustained if the Insured daimant had peid value for the estate or interest insured by this Policy. SC HEDULE B This polic:y does not insure against loss or damage by reason of the maners shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that hNies -:axes or assessmenu on real property or by the public records. 2. 3. 4. Any facts. rights, interesu, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in pouession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Dilertl1)8ncies, conflicts in boundary lines. shortage in area, encroachments. or any other facts which a corre:t survey would disclose. and which are not shown by public records. 5. 6. Unpatented mining claims; reservations or e)(ceptions in patents or in Acts authorizing the issuance thereof: wr.ar rights, claims or title to water. Any lien, or right to a lien, for services. labor or material heretofore or hereafter furnished. imposed by law and not shown by th e public records. . .. ,,, 6. AMERICAN LAND TITLE ASSOCIATION LOAN PO LICY -1970 WITH ALTA EN DORSEM ENT FORM 1 COVERAGE (AMEN DED 10-17-70) WITH REGIONAL EXCEPTIONS SCH EDU LE OF EXCLUSIONS FROM COVER AG E The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricti!"9 or re;ulationg or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law. ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in ihe public records at Date of Policy. 3. D�ects . liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insuf!ld claimant; fbl not known to the Company and not shown bv the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estata or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the da3 such insured daimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (exee;,t to the extant insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street impro.-ements under constNction or completed at Date of Policy), 4. Unenforceabtlity of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any �uent owner of the indebtedness to comply with applicable .. doing business" laws of the state in which the land is situated. SCH EDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Pan One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facu. rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspecticn of said land or by making inquiry of penons in possession thereof. 3. Easements. claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies. conflicu in boundary lines. shortgage in area. encroachments, or any other facts which a correct SUl"\4r/ would disclose. and which are not shown by public records. 5. Unoatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights. clai� or utle to water. 6. Any lien, or right to a lien, for services. labor or material theretofore or hereafter furnished. imposed by law and not Sl"!OWn by the public records. FORM 4288-2 (12/83) EXHllHT A. ,, __ ,,, , le of 1-' . ·� F. ,. e e ?e. '·'-· .. �·�···· .vc .·4'.".�' .. · .. ..,, ..... = '(.CV .f : ... �. S �· ·:s.t :" �., . _; • •:· s. J.W.W 1�1.01 115 ----'--. -· -------�· �I o<.J I I I I ,.:;.�-­�' =· � ��: ...... I �""°'I ti- ICQ .. • 'o,. I 114 4 g - ,. I CJ) p �:-.· " -t ... a� '° \0 -t ""'I !'Cl'! � �; �I JO 'JO •..J I . -:�; --� '" N I I -----� �l ---I -�-.,t<..> Fa p I . , e: � �UllCE - lttlS MAP MAV OR M"Y m>t St A SURVEY OF THE tAr;D DE· 'ICTED lt[Rt.Ofl. IT IS t•OT 10 e£ Rtl tEO UPOH FOR ANY PURPOSE OTHER lHitfl (\l11:111.'1Tlt.G c,:;r.·:;. sttr :.:: TO ltlE GEN£P.AL l!>C'-TION OF THt f':.i\CEl 011 PARCELS OF INTEREST; FIF.Sl ,.�.1[1!lWI t:Tlf CCMi'l\:;v ASSU!AES �o lll\81LITY FOR LOSS OR OAMAGt l\ESUlTmG FRll_M RE.LIA.NC£ THEREON. ... ,. . • > 1( •.' � ,. j'! I . > ;cs* .· .... ,, i ... fi' ... )) � I /'Q 0• II .;..... I //, :a \ 1 l., c \\ I i I .• .,,.\\ .::=.--...--,, -\ ·� '\ ... \ \� ' ,'J �' •// � ... "/·. .... 1/fi ..... � . !I- \60 -.c. "\O��\.. e ii .. EXHIBIT ------ Page 7 of ;: •>..s ·").l . • >. >;. � ·1 ' ,· 0 .. .. ;; ... "" � > ,.. 0 L J i t i t i \ i i • ' I l t l I t .. RIGHT OF FIRST REFUSAL WHEREAS, THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter referred to as "DISTRICTn and ROBERT W. BARLOW, an unmarried man hereinafter referred to as "GRANTOR,": have·heretofore entered into a purchase agr eement, dated , 198_4. WHEREAS, pursuant to which agreement GRANTOR agrees to convey to DISTRICT the right of first opportunity to purchase the property described in Exhibit "I" as attached hereto and incor­ porated herein by this reference for the benefit of DISTRICT should GRANTOR ever decide to sell or convey the lands described in Exhibit "I". NOW, THEREFORE, in consideration of the substantial payment being made to GRANTOR, and the public benefit to be derived there­ from, it is hereby agreed as follows: 1. Before there can be valid sale or transfer of the parcel commonly referred to as Santa Clara County Assessor's Parce1··No:· 562-0·1-014 being more particularly describ.ed·'.�"in Exhibit ."I" herein, GRANTOR, its successors or assigns s�all first offer said parcel to DISTRICT, its successors or assigns in the following manner: a) Upon receipt by GRANTOR or its successors or assigns of a bona fide of fer by a third party to purchase or.take title to the .property (which bona fides shall be subject to verification by DISTRICT), GRANTOR shall deliver to DISTRICT at its principle place of business, by mail or other appropriate means, a notice in wri ting, accompanied by a copy of such offer, which shall set forth the price, terms, conditions and date of such offer, and GRANTOR'S intention to accept such offer. Within twenty-one (21) days after it� receipt thereof, DISTRICT or its successor sha ll have the prior right to purchase ·� said property at the price and upon the terms and conditions stated in such notice.. Such right may be exercised by delivery in writing by mail or other appropriate means to GRANTOR o.f a notice of exercise of· right to purchase. EXH l BIT __ .=:S:;.-........ FPll Pa3e of _a __ __ . --·---... -·-�·-------·--- Right of First Refusal Barlow Page Two b) If DISTRICT or its successor notifies GRANTOR that it does not wish to exercise the right of first refusal or if the right is not exercised within the twenty-one (21) day period, GR.�.NTOR shall be free to sell the property to such offerer, but only at the price and upon the terms and conditions stated in the aforementioned notice and offer, and pro­ vided that said sale shall be conswnated and escrow closed prior to the lapse of ninety (90) days from the date of said offer. c) In the event DISTRICT or its successors or assigns exercises the right of first refusal as provided hereinabove, GRANTOR or its successors or assigns agrees to deliver the property described in Exhibit "I" herein vacant of all persons and personal property at the close of escrow and GRANTOR, on behalf of itself, its successors and assigns and on behalf of any tenants or occupants of the premises, hereby specifically waives and releases DISTRICT or its successors from any and all claims, by what­ ever name known, including, but not limited to claims for relocation benefits and/or payments pur­ suant to California Government Code Section 7260 ·"'I.. and following (or similar law); and GRA.i'\JTOR or its successors or assigns agrees to hold DISTRICT harm­ less and reimburse DISTRICT for any and all liability, losses and expenses occasioned by reason of any and all of such claims. . . IN WITNESS 'WHEREO� ·' the parties hereto l"J,ayeezuted this Right of First Refusal this qaiff day of ;(/� L_, 1984. · -; MIDPENINSULA HEGIONAL OPEN SPACE DISTRICT By �,?5<.�cl..__)� President ATTEST: L� GRANTOR: J 1! fr'j 7 Rooert w. Barlow EXHIBIT .B -'=---• Page :J.. of ;)_ --- � � First American Title Guaranty Company 0 CAMPBELL 2020 SOUTH BASCOM AVE. CAMPBELL, CA 95008 14081 377·2992 OcuPEATINO 10370 SOUTH OEANZA Bl.VO. CUPERTINO, CA 95014 14081 252· 7000 Ot.os ALtos 329 SA.'f A.'n'OJ!o ID. II LOS AI.TOSI Cl �022 (41S) 941-3320 Sut>1ect :o a minimum charge required by Section 124().4 of 1he Insurance Code. D BLOSSOM HILL·SAN JOSI 499 BLOSSOM HI LL RO. fKJ SAN JOSE 675 lllORTH FIRST ST. D WIST VALLEY SAN JOSI 4125 BV.CICF�O AVE. •100 SAPij JOSE. CA 95117 '4081 :z,�3611 Mid Peninsula Regional Open Space District SAN JOSE, CA 95123 ICOSI 227·5111 SAN JOSE, CA 95112 14081 286-6353 TITLE OFFICER: Geo rge Alvarez 375 Distel Ci rcle , Suite D-1 Los Altos, CA 94022 Escrow Officer: Your No.: Ann Genovese None shown 255516 Our Order No.: Attention: Bill Tannenbaum Property Address: None shown Form of Policy Coverage Requested : DPALOA&.TO 550HAMILTON AVE PALO At.TO, CA 94301 1'151 326·5050 In response to the above referenced applicat ion 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 Conn 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 encumbran ce not shpwn or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations of said policy form. The printed Exc eptio ns 3Jld Exc lusions from the coverage of said Policy or Policies arc attached. Copies of the Policy fonns should be read. They arc available from the office which iss u ed this report. This report (and any suppkments or amendments thereto) is issued solely for the purpose or facilitating the issuance of a policy oftitle insur­ ance and no liabili ty is a ssumed·hereby ..If itis desired that liability be assumed prior to the issuance of a policy of title in surance. a Binder or Commitment should be requested. Dated as of Sep tember 12, 1984 at 7:30 a.m. TITLE OPERATIONS MANAGER Title to said estate or interest at the date hereof is vested in: ROBERT W. BARLOW as his separa te property The estate or interest in th: land hereinafter described or rererred to co\·ered by this Report is: A FEE AS TO PARCEL ONE; AN EASEMENT AS TO PARCEL TWO At the date hereof exceptions to co\·erage in addition to t he printed exceptions and exclusions contained in said policy form would be a s follows: SEF. NEXT PAGE - EXHIBIT _L FORM 4288·201 (REV. 12/!3) Page I of "'=j- Order No. 255516 Page 2 1. Taxe s for the fi scal year 1984-85 ,'a lien not yet due or payab le . 2. The lien of supplemental taxes asses sed pursuant to Chapter 498 , Statute s of 1983 oi the State of California . 3. Easement for the purposes stated herein and incidents thereto For Use as a roadway for vehicles of all kinds , pe destrians and animal s, for water , gas , electric light and power lines , and for telephone , te levision service , together with th e neces sary poles or conduit s. Granted to Ri ch Gallager , et al Re corded December 16 , 1970 in Book 9159 , page 318 of Official Records Affects A portion of said premises 4. Agreement for By and Between Road Maintenan ce and Use Rich Ga l lager , and Esther Gal lager , his wi fe; Robert W. Barlow, 5. 6. W. David Schrader and Janee L. Schrader , his wife; David Vossbrinck and Adeline E. Vossbrinck , his wi fe; Fred I. Dr ews , and Marian Drews , hi s wife. On the terms and conditions contained therein , recorded December 16 , 1970 in Book 9159, pag e 318 of Official Re cords. Land Cons ervation Agreement ex ecuted by and between the County of San ta Clara and Robert W. Barlow , recorded February 23 , 1972 in Book 9714 , page 551 of Official ·: --��� . ��-Records. Ea s ement for the For Granted to Recorded Affects purpo ses sta ted herein and incidents thereto A roadway for vehicles of all kind s, pe des trians and anima ls , for water , gas , oi l and sewer pipe lines , and for tel ephone , television service , elec tric light and power lines , together with the necessary poles or conduits . Clyde R. Kier , a sing le man September 22 , 1980 in Book F597 , page 207 of Offi cial Records A strip of land 60 feet in width over the existing roadway which commences at a point in the centerline of the 60 foot eas ement de scribed in that cer tain road Maintenanc e and Use Agreement exe­ cuted by Rober t W. Barlow , et al , recorded December 16 , 1970 , Book 9159, Of ficial Record s, page 318 , and pr oceed s in a general we sterly direction to the ea st boundary of said Kier par ce l (Fi le No . 6777306). 7. Any and all unrecorded leases which may be di sclosed by an in spection of the premises. EXHlBIT ..L Page � cf ":} .. Order No . 255516 Page 3 NOTES: A) According to the public record s, there have been no deeds·conveying the herein described property recorded within six months prior to �he date B) hereof except as follow s: NONE · Both In stallments of 1st in stal lment 2nd insta llment Asses sor s No . Code Area ... .. • � .-.. Taxes for the fis cal year 1983-84 have been paid in fu ll. $8.31 $8.31 562-07-014 72-007 EXHIBIT T ----- Page __ '3_ol._."=l.___ '_LIST OF PRINT � EXCEPTIONS AND EXCLUSl�S (By Po l icy Type) 1. CA LI FOR NIA LAND TITLE ASSOCIATION STANDARD COVE RAG E PO LICY · 1973 SCH EDULE B This policy does not insure against loss or damage, nor agains1 costs, attorneys• fees or expenses, any or all of which arise by reason of the following: Part I 1. 2. 3. 4. 5. 6. 7. 8. 9. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascerta ined by an inspec1ion of the �ncl or by making Inquiry of persons in possession thereof. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Di�epancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abuning streets, roads, avenues. alleys, lanes. ways or waterways. but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abuning owner for access to a physically open street or highway is insured by this policy. Any law. ordinance or governmental re gulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy. use or enjoyment of the land, or regulating the character. dimensions, or location of any improvement now or hereafter Mected on the land. or prohibiting a separation in ownership or a reduction in the dimensions, or area of the land, or the effect of any violation of any such law. ordinance or govern mental re;ulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. Oefecu, liens. encumbrances, adverse claims. or other matters (a) created. suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to tho date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; Of' (e) resulting in l oss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AM ER ICAN LAN D TITLE ASSOCIATI ON OWN ER•s PO LICY FORM B • 1970 (AMENDED 10-1 7-70) SCH EDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy. use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land. or prohibiting a separation In ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or govemmental rights of policy power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens. encumbrances. adverse claims, or other matters (a) created. suffered. assumed or agreed to by the insured claimant; Cb) not known to the Company and not shown bv the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured ·claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant. (d) attaching or created subsequent to Date of Policy;or (e) resulting in IDSS or damage which would not have been sustained if tho insured claimant had paid value for the estate or interest insured by this policy. 3. AM ERICAN LAN D TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE PO LICY · 1979 EXCLUSIONS In addition to the Exceptions in Schedule e. you are not insured against loss, costs, attorneys• fees and expenses resulting from: 1. Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: · • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed. or agreed to by you • that are known to you, but not to us, on the Policy Date • unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date · this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A. or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B ·EXCEPTIONS In addition to the Exclusions, you are ·not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights, interests or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any v.-a ter rights, claims or title to water on or under the land. Conti nued on Nex t Page FORM 4288·1 112/83) EX HIBIT I !Page '+ of_)= __ _ ....... _.__ 4. AM E �.N LA �� T ;T �E A �OCIATI ON LOAN PO I�' -1970 WITH A.L.T.A. ENDORSEM ENT FORM 1 COVERAG E (AMENDED 10-17-70) SCH EDULE OF EXCLUSI ONS FROM CO VERAGE 1. Anv law. ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy. use or enjoyment of the land, or regu lating the character, dimensions or location Qf any improvement now or hereafter erected on the land. or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of anv violation of any such law. ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects. liens, encumbrances. adverse claims, or other matters (a) created. suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or i.nterest insured by this policy or acQu1red the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any . statutory lien for labor or material or to the extent insurance is afforded herein as to assess ments for street improvements under construction or completed at Date of Policy.) 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AM ER lCAN LAND TITLE ASSOCIATION OWN ERS PO LICY FO RM B-1970 (AM EN DED 10-17-70) WITH REGIONAL EXCEPTIONS SCH EDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regu lating or prohibiting the occupancv. use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now er hereafter erected on the land. or prohibiting a separation in ownership or a reduction in the dimensions of area of the land. or the effect of any violation of any such law, ordinance or governmental regulation. 2. R ights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims. or other matters (a) created, suffered. assumed or agreed to by the insured claimant; (bl not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing bv the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subseauent to Oate of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. SCH EDULE B This policy does not insure against loss er damage by reason of the matters shown in parts one and two followi ng: Part One: 1. Taxes er assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmenu on real propertv or by the public records. 2. Any facts, rights. interests, or claims which are not shown by the public records but which could be ascertained bv an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey would disclose. and which are not shown by public records. 5. Unpatented mining claims; r�servations ·or exee·ptions iri pate,:.ts or in Acts authorizing the issuance thereof; 1111ater rights, claims or title to water. 6. Any lien, or right to a lien. for services. labor or material heretofore or hereafter furnished, imposed by law and not :!\own by the public records. 6. AM ERICAN LAN D TITLE ASSOCIATION LOAN PO LICY -1970 WITH ALTA ENDORSEM ENT FO RM 1 COVERAGE {AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SC HEDULE OF EXCLUSI ONS FROM COVER AGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulationg or prohibiting the occupancv. use or enjoyment of the l�nd, or regu lating the character. dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of·any such law, ordinance or governmental regulation. 2. . R ights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy_ 3. Defects, liens. encumbrances. adverse claims. or other matters (a) created. suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this poliey or acquired the insured mortgage and not .disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attachi.ng or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or "1aterial or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. SC HEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts. rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements. claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortgage in area, encroachments, or any · other facts which a correct survey would disclose. and which are not shown by public records. 5. Un patented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished. imposed bv law and not shown by the public records. EXH IBIT :C _______ .. FORM 4288·2 ( 12/83) Page 5 of_"t __ .. LEGAL DESCRIPTION : I� Order No . 255 516 Page 4 Real property· situated in the County of Santa Clara , State of California , des cribed as fo l lows : PARCEL ONE : The Sou thwes t 1/4 of the Nor thwes t 1 /4 of Sec tion 8, Towns hip 9, South , Rang e 1 Eas t, M.D.B. and M., according to the Official Plat of the Survey of said lands on fi le in the office of the Bureau of Land Manageme nt , approved September 22 , 187 1. PARCEL TWO : A non-exc lusive easemen t as appur tenan t to Parcel One above des cribed , or any por tion thereof , for use as a roadway for vehicles of all kinds , pedes trians and anima ls , for water , gas , oil and sewer pipe lines , and f or telephone , te levision service, electric light and power lines , toge ther with the necessary poles or conduits over a stri p of land 60 feet wi de acros s the We sterly and the Southerly portions of the South 1 /2 of Section 8, and over a strip of land 60 fee t wi de across Lot 2 of Section 17, all in T. 9 S. R. lE ., M.D.B. & M., whi ch la tter 60 foot strip of land ex tends from the Southerly line of said Section 8 Southerly to the Nor therly line of so-cal led Loma­ Almaden Road crossing said Lo t 2. ..L EXH IBl1' __ .,... Page (o of :/: .-