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.
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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.
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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 ;)_
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� �
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
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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
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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 :/:
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