HomeMy Public PortalAboutResolution - 85-50- 19851113 - Lands of BaldwinRESOLUTION NO. 85-50
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ-
ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY TO CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE - BALDWIN-WALLACE
COLLEGE, AN OHIO NON-PROFIT CORPORATION)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept the offer contained
in that certain Purchase Agreement between Baldwin -Wallace College,
an Ohio Non-profit Corporation, and the Midpeninsula Regional Open
Space District dated November 7, 1985, a copy of which is attached
hereto and by reference made a part thereof, and authorizes the
President or appropriate officers to execute the Agreement on behalf
of the District.
Section Two. The President of the Board of Directors or
other appropriate officer is authorized to execute a Certificate of
Acceptance to any deed(s) granting title to said property.
Section Three. The General Manager of the District shall
cause to be given appropriate notice of acceptance to the seller.
The General Manager further is authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the
transaction.
Section Four. The General Manager of the District is
authorized to expend up to $5,000 to cover the cost of title insurance,
escrow fees, and other miscellaneous costs related to this transaction.
Section Five. The sum of $800,000 is hereby ordered to
be withdrawn from the Midpeninsula Regional Open Space District 1985
Promissory Note Fund for this purchase.
* * * * * * * * * * * *
RESOLUTION NO. 85-50
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on November 13 ,19 85 at a
regular meeting thereof, by the following vote:
AYES: Katherine Duffy, Daniel Wendin, Edward Shelley, Ernestine
Henshaw, Nonette Hanko, Harry Turner and Richard Bishop.
NOES: None
ABSTAIN: None
ABSENT:None
ATTEST: APPROVED:
Secretary, Board of Directors 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.
44,
Dis ict Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into by and between Baldwin -
Wallace College, an Ohio Non-profit Corporation, hereinafter called
"SELLER" and the Midpeninsula Regional Open Space District,
hereinafter called "DISTRICT."
1. PURCHASED PROPERTY
SELLER agrees to sell to DISTRICT, and DISTRICT agrees to
purchase from SELLER, SELLER'S real property located
within an unincorporated area of Santa Clara County, State
of California, consisting of nine hundred eighty-seven and
51/100ths acres (987.51), more or less, and commonly
referred to as Santa Clara County Assessor's Parcel Nos.
562-07-002 & -004, 562-08.006, 562-22-006, 562-23-0011 and
575-12-003; said property being more particularly
described in Preliminary Title Report No. 501613, dated
July 2, 1984, from First American Title Guaranty Company,
said Report being designated Exhibit "A", as attached
hereto and by this reference incorporated herein and made
a part hereof. Said property being acquired together with
any easements, rights of way, or rights of use which may
be appurtenant or attributable to the aforesaid lands, and
any and all improvements attached or affixed thereto.
2. PURCHASE PRICE AND MANNER OF PAYMENT
The total purchase price shall be Eight Hundred Thousand
and No/100 Dollars ($800,000.00) payable in cash at such
time as escrow may be closed and title conveyed to the
DISTRICT under the terms and conditions set forth herein.
3. TITLE AND POSSESSION
Title and possession of the subject property shall be
conveyed to DISTRICT at the close of escrow by Grant Deed,
free and clear of all liens, encumbrances, judgments,
easements, taxes, assessments, covenants, restrictions,
rights, and conditions of record except:
A. Taxes for the fiscal year in which this escrow closes
shall be proratedas of the closing date.
B. Typewritten Exceptions Numbered 3, 4, 5, 6, 7, 8, 9,
10 and 11 listed in said Preliminary Title Report
(Exhibit "A").
4. COSTS
DISTRICT shall pay all escrow, recording, and customary
title insurance charges and fees incurred in this
transaction. SELLER shall be responsible for, and pay all
Purchase Agreement
Baldwin -Wallace College Page Two
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 DISTRICT.
5. WAIVER OF STATUTORY COMPENSATION.
SELLER understands that it may be entitled to receive the
fair market value of the property under the Federal
Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (Public Law 91-646) and California
Government Code Section 7267, gg seq. SELLER acknowledges
that it is familiar with the applicable Federal and
California law. SELLER hereby waives all existing and
future rights it may have to receive the fair market value
of the property under any applicable Federal or California
law.
6. COMMISSIONS
DISTRICT shall pay a real estate agent's fee in connection
with this transaction in the amount of Thirty Thousand and
No/100 Dollars ($30,000.00) to N. A. Lefmann Associates,
at close of escrow as further provided herein. DISTRICT
has not dealt with any other real estate agent in
connection with this transaction, and recognizes N. A.
Lefmann Associates as procuring broker.
7. LEASES OR OCCUPANCY OF PREMISES
SELLER warrants that there exist no oral or written leases
or rental agreements, granted or entered into by SELLER,
affecting all or any portion of the subject property.
SELLER further warrants and agrees to hold DISTRICT free
and harmless and to reimburse DISTRICT for any and all
costs, liability, loss, damage or expense, including costs
for legal services, occasioned by reason of any such lease
or rental agreement of the property being acquired by
DISTRICT.
8. ACCEPTANCE AND TERMS OF ESCROW
Provided that SELLER executes this Agreement and delivers
it to DISTRICT on or before November 8, 1985, DISTRICT
shall have until November 14, 1985 to accept and execute
this Agreement, and during said period this instrument
shall constitute an irrevocable offer by SELLER to sell
and convey the aforesaid real property to DISTRICT for the
consideration and under the terms and conditions herein
set forth. As consideration for the tender of said offer,
the DISTRICT has paid and SELLER acknowledges receipt of
the sum of Ten and No/100 Dollars ($10.00).
Purchase Agreement
Baldwin -Wallace College Page Three
Provided that this Agreement is accepted and executed by
DISTRICT, this transaction shall close as soon as practi-
cable through an escrow to be conducted by First American
Title Guaranty Company, 675 North First Street, San Jose,
California 95112, or other such escrow holder as may be
designated by DISTRICT. In no event shall escrow close
later than November 29, 1985.
9. ACCRUAL
The provisions hereof shall accrue to the benefit of and
bind the respective heirs, devisees, assigns, or successors
in interest of the parties hereto.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FORM:
Stanley Norton, District Counsel
ACCEPTED OR RECOMMENDATION:
L. Craio Britton, SR/WA
Land Acquisition Manager
APPROVED AND ACCEPTED:
ATTEST:
Disj ict Clerk
Baldwin -Wallace College,
an Ohio Non -Profit Corporation
By
///7//9Y5 -
Date
Date
4St AMER/c
4 • ► _'
4' ti
Subject to a minimum
charge required by Section
12404 of the insurance
Code
FCt American Title Cuaranty Company
❑ CAMPBELL
2020 SOUTH 8&5coµ AVE
CAMPBELL, CA 95008
44081 377.2992
Midpeninsula Regional
Open Space District
375 Distel Circle,
Suite D-1
Los Altos, CA 94022
D CUPERTINO
10370 SOUTH DEANZA BLVD.
CUPERTINO. CA 95014
44081 252.7000
0 sLOSSOm HILLSAN JOSE
499 BLOSSOM HILL RD.
SAN JOSE. CA 95123
44081227-5111
Attn: L. Craig Britton
Form of Policy Coverage Requested:
EISAN JOSE
575 NORTH FIRST ST.
SAN JOSE. CA 95112
14081 286-6353
0 LOS ALTOS
445 SAN ANTONIO RD. .101
LOS ALTOS. CA 94022
44151941.3320
0 WEST VALLEY.$AJI JOSE
4125 BLACKFORD AVE. •100
SAN JOSE. CA 95117
14081 2249.4)611
TITLE OFFICER: Chris Sparks
Escrow Officer: JoAnn Cardinale
Your No.: None shown
Our Order No.: 501613
Property Address: Not available
0 PALO ALTO
550 HAMILTON AVE.
PALO ALTO. CA 94301
1415! 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 hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or
Commitment should be requested.
Dated as of
July 2, 1984 at 7:80 a.m.
TITLE OPERATIONS MANAGER
Title to said estate or interest at the date hereof is vested in:
BALDWIN-WALLACE COLLEGE, an Ohio non—profit corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows:
(SEE NEXT PAGE)
FORM 4288.201 (REV. 12/83)
Page
Order No. 501613
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
1983 of the State of California.
3. Any adverse claim based upon the assertion that:
"Said land or any part thereof is now or at any time has
the ordinary high water mark of the Rincon Creek and the
Creek."
"Some portion of said land has been created by artificial
accreted to such portion so created."
been below
Guadalupe
of
menas or has
"Some portion of said land has been brought within the boundaries thereof
by an avulsive movement of the Rincon Creek and the Guadalupe Creek,
or has been formed by accretion to any such portion."
4. "Such rights and easements for navigation and fishery which may exist over
that portion of said land lying beneath the waters of Rincon Creek and the
Guadalupe Creek."
5. Lack of Record Access to any public street or highway.
Said matter affects Parcel 5.
6. Easement for the purposes stated herein and incidents thereto
For : Right of Way
Reserved by : David H. Hahn
Recorded
May 15, 1871 in Book 22 of Deeds, page 43, Santa Clara
County Records.
Affects : Along the banks of the Capitancillos Creek
Said matter affects Parcel 6.
7. Rights granted by Mary Lord Sexton, an unmarried woman, to Santa Clara Valley
Water Conservation District, a water conservation district, by Deed dated
April 23, 1935, recorded April 25, 1935 in Book 724 Official Records, page 454,
Santa Clara County Records, reference to the record thereof is hereby made for
further particulars.
8. Easement for the
For
Granted to
Recorded
Affects
purposes stated herein and incidents thereto
Underground wires, cables and other electrical conductors
The Pacific Telephone and Telegraph Company, a corporation
April 20, 1956 in Book 3472 Page 526, Official Records
As follows:
Order No. 501613
Page 3
8. (Continued).
MI
The south half of the southeast quarter (S 1/2 of SE 1/4) of Section 9, Town-
ship 9 South, Range 1 East, M.D.B. & M.
Said instrument contains a recital as follows:
Said Right of Way is twenty (20) feet in width, ten (10) feet on each side of
the center line as now surveyed and staked by grantee upon the above described
property.
Said matter affects Parcel 5.
The exact location of said easement is not defined of record.
9. Easement for the purposes stated herein and incidents thereto
For : Electric transmission lines
Granted to : Pacific Gas and Electric Company, a California Corporation
Recorded July 18, 1969 in Book 8609 Page 276, Official Records
Affects : As follows:
(1) A strip of land of the uniform width of 120 feet extending from the westerly
boundary line of Lot 4 of Section 5, Township 9 south, range 1 east, M.D.B.
& M., and from the southwesterly boundary line.of the parcel of land described
and designated Parcel Nine in said Deed dated November 1, 1968 southeasterly
to the southeasterly boundary line of said parcel of land designated Parcel
Nine and lying 60 feet on each side of the line which begins at a point in
the westerly boundary line of said Lot 4. and runs thence south 77° 50-1/2'
east 230 feet, more or less, to a point herein for convenience called point
"B": thence continuing south 77° 50-1/2',east 280 feet more or less, to
a point in the southeasterly boundary line of said parcel of land designated
Parcel Nine; said point "B" bears south 58° 47' east 5709.4 feet distant from
the 2-1/2 inch brass cap (marked Lindeman, Lean, Peckham, El Encino, P.S.J.
#11) marking the southeasterly terminus of a course in the westerly boundary
line of the 121 acre parcel of land described in the Deed from Herbert James
and wife to Francis H. Tucker and wife dated March 1, 1940 and recorded in
the office of said County Recorder in Book 977 of Official Records at page
55, which course, according to the description contained in said Deed dated
March 1, 1940, has a bearing of south 10° 45' east and a length of 665 feet.
Page /or,
4
Order No. 501613
Page 4
9. (Continued)
(2) A strip of land of the uniform width of 120 feet extending from the westerly
boundary line of the southeast quarter of Section 6, Township 9., South,
Range 1 east, M.D.B.&M., southeasterly to the easterly boundary line of
Lot 2 of said Section 5, and lying 60 feet on each side of the line which
begins at a point in the westerly boundary line of the southeast quarter
of said Section 6 and runs thence south 79° 58-1/2' east 1420 feet, more
or less, to a point.herein for convenience called Point "C"; thence south
86° 33' east 3291.4 feet; thence south 77° 50-1/2' east, 450 feet, more or
less, to a point in the easterly boundary line of said Lot 2; said point
"C" bears south 9° 12' west 2366.0 feet distant from said 2-1/2 inch brass
cap.
Terms and Conditions contained in the instrument last above referred to.
Said matter affects Parcels One, 1\o and Seven.
The provisions in said easement relative to severance damages have been modified
by the instrument dated June 6, 1969, executed by Pacific Gas and Electric Com-
pany, recorded July 18, 1969 in Book 8609 Official Records page 282.
10. Any facts, rights, interest or claims which a correct survey would show.
11. Any and all unrecorded leases which may be disclosed by an inspection of the
premises.
12. The Requirement that the identity of New Idria Mining and Chemical Company, a
Nevada corporation in the instrument recorded November 18, 1968 in Book 8338,
page 186 be established as being the
same person as New Idria, Inc., a Nevada
corporation in the instrument recorded February 15, 1983, Book H342, page 36,
Official Records.
aBil"
Pogo
Order No. 501613
Page 5
NOTES:
1) 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
2) Both installments of Taxes for the fiscal year 1983-84 have been paid in full.
1st installment : None
2nd installment : $17.80
Assessors No. : 562-07-002-M1
Code Area : 72-007
(Said matter affects Parcel three and portion of Parcel Two)
Both installments
1st installment
2nd installment
Assessors No.
Code Area
of Taxes for the fiscal year 1983-84 have been paid in full.
: $575.27
$575.27
562-07-002
72-007
(Said matter affects Parcel Three and portion of Parcel Two)
Both installments
1st installment
2nd installment
Assessors No.
Code Area
of Taxes for the fiscal year 1983-84 have been paid in full.
: $255.05
: $255.05
: 562-07-004
: 72-007
(Said matter affects portion of Parcel Two)
Both installments
1st installment
2nd installment
Assessors No.
Code Area
of Taxes for the fiscal year,1983-84 have been paid in full.
None
$53.40
562-08-006-M1
72-007
(Said matter affects Parcels One and Four)
Both installments
1st installment
2nd installment
Assessors No.
Code Area
of Taxes for the fiscal year 1983-84 have been paid in full.
: $922.18 •
$922.18
562-08-006
72-007
(Said matter affects Parcels One and Four)
Page
Order No. 501613
Page 6
NOTES: (Continued)
Both installments of taxes for the fiscal year 1983-84 have been paid in full.
1st installment : None
2nd installment : $17.80
Assessors No. : 562-22-006-M1
Code Area : 72-007
(Said matter affects portion of Parcel Five)
Both installments
1st installment
2nd installment
Assessors No.
Code Area
of taxes for the fiscal year 1983-84 have been paid in full.
$521.89
: $521.89
: 562-22-006
: 72-007
(Said matter affects portion of Parcel Five)
Both installments
lst installment
2nd installment
Assessors No.
Code Area
of Taxes for the fiscal year 1983.-84. have been paid in full.
: $100.86
$100.86
562-23-001
72-007
(Said matter affects portion of Parcel Five)
Both installments of Taxes for the fiscal year 1983-84 have been paid in full.
lst installment : None
2nd installment
Assessors No.
Code Area
$17.80
575-12-003-M1
80-002
(Said matter affects Parcels Six and Seven)
Both installments of Taxes for the fiscal year 1983-84 have been paid in full.
lst installment $462.38
2nd installment : $462.38
Assessors No. : 575-12-003
Code Area : 80-002
(Said matter affects Parcels Six and Seven)
Order No. 501613
Page 7
LEGAL DESCRIPTION:
Real property situated in the County of Santa Clara, State of California, described
as follows:
PARCEL ONE:
The southeast 1/4 and the southeast 1/4 of the southwest 1/4 of Section 6 Township
9 south, Range 1 east, M.D.M., according to the Official Plat thereof.
PARCEL TWO:
. Lots 2 and 4 and the northwest 1/4 of the southwest 1/4 of Section 5, Township 9 south,
Range 1 east M.D.M., according to the Official Plat thereof.
PARCEL THREE:
The northeast 1/4 of Section 8, Township 9 south, Range. 1 east, M.D.M., according to
the Official Plat thereof.
PARCEL FOUR:
The northeast 1/4 of the northwest 1/4 and north 1/2 of the northeast 1/4 of Section 7,
Township 9 south Range 1 east, M.D.M., according to the Official Plat thereof.
PARCEL FIVE:
Lot 1 of Section 10 and Lot 4 and southeast 1/4 of Section 9, Township 9 south, Range 1
east, M.D.M., according to the Official Plat thereof.
PARCEL SIX:
St
Beginning at a point on the easterly line of Hahn's land (now or formerly) distant
northerly 300 feet from a tree marked "L" standing in the Capitancillos Creek; thence
southwesterly on a line parallel with the general course of said creek to the south-
westerly line of said lands; thence southeasterly crossing said creek and along said
southwesterly line to the end thereof which is the apex of a triangle; thence in a
straight line through the tree above mentioned to the place of beginning, forming a
triangular piece of land.
EXHiBiT
Pale
t•
Order No. 501613
Page 8
LEGAL DESCRIPTION (Continued)
PARCEL SEVEN:
Beginning at the southwest corner of land heretofore sold by the authorities of
the City of San Jose to Francisco Mendibles, and thence running northerly along
the westerly line of lands so sold to Mendibles to the line of lands sold by said
City to L. Billou; thence southwesterly along the line of said land sold to said
Billou by said City to an Alder Tree marked "L"; thence due south along the line of
land heretofore sold by said City to D. H. Hahn to the end of said line; thence along
the southwesterly line of the Pueblo lands, south 58° 24' east 28 chains to a stake
(which bears north 58° 24' west 13 chains from post "P.L.2" on Section Line U.S.
Survey); thence north 47 1/4° east 27 chains to the point of beginning.
LIST OF PRIN` O EXCEPTIONS AND EXCLU(NS (By Policy Type)
6. Any right title interest e stae or easement m land beyond the lines the area specifically described or referred to in Schedule A. or in abutting 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 abutting owner for access to a physically
open street or highway is insured by this policy.
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 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 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 loss or damage which would
not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge.
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973
SCHEDULE B
This policy 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. 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.
2. Any facts, 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.
3. Easements, liens or encumbrances, or claims thereof. 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 the public
records.
5. (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.
t
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
8.
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.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records.
3• Defects liens encumbrances. cumbrances, 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 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 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70)
SCHEDULE 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
2.
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.
Rights of eminent domain or governmental rights of policy power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979
EXCLUSIONS
In addition to the Exceptions in Schedule 8, 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 lews 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 water rights. claims or title to water on or under the land.
FORM 4288-1 (12/83)
Continued on Next Page
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 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 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 es to any
statutory lien for labor or material 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.
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 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 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.
4. AP'ICAN LAND TITLE ASSOCIATION LOAN 7\ ICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
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 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 became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; Id) 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 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.
5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B -1970 (AMENDED 10.17.70)
WITH REGIONAL EXCEPTIONS •
SCHEDULE 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 governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
SCHEDULE 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, 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; 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 heretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970
WITH•ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
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 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 the public records at Date of Policy.
SCHEDULE 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.
An
6. Any lien, or right to a lien. for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
1. Any law, ordinance or governmental regulation (inducing 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.
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.
2. y 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
FORM 4288.2 (12/83)
e -�
s
9, 0,
a •
3
40AC.
20A(.
20AC
4OAC.
POckiSON rARCEL IW
1
16
/5 25 £6K TOTAL
40 AC.
20 X.
9*
60 AC.
or
OAt
`E
(21 sot)
C OG
esit
S4
C4 4.4
Co u
r
41,
'/4
17_
No . B
3
2OAC.
4s<
EX WI'
a of
M
•
Is
9
r use s
r . 74' 2'5
pfr�
4
r r S"�: :z
Y 2. 720
Nr
,o W B
v
Q
Si
4
r",
1
i
•
0
Pco
r
L.
ti'
(.11
03
1
1
E BIT
Page
NIC
Ob
• M'D-pFNi
Nstik�
a
l/
• 45.3 AC. TOTAL
•
••
p ,n
�
/ /6
OFFICE OP COUNTY ASSESSOR • • • SANTA CLARA COUNTY, CALIFORNIA
TWP. 9 S., R.1 E.
•
6
PORTION PARCEL FIVE
1
•
EXEI BIT
Page
27
fr
(40Ac: )
10
(49.59Ic.
83.40
LOT 2
AC. TOTAL
' 5
(BOAC)
4 • w
:AJ
4'
AC.TOTAL
ceK
*,9 �
ti
22'JAC
LOT 3
6
0
X964.02
• *AC) --�� 1(3159 4•
43/
�` 1-0T d,
N /, ���_` 'TWJ 4,c `Exs'
p( ' 1
4Q
ki
1 "= 600'
SCALE
11
153.59 AC . TOTAL
Q
•
r
`c q
0
'fl
4.
b
qs
0
0
s
• • • wdssmssv
a
1
•
ssso1
OFFICE OF COUNTY ASSESSOR
•
' *b +Y
ab• •:'
e
PCL. A
'411/;;;;;•
C. GR. pCl. A
154.88 AC. GR.
esc
S.W. VHF PUEBLO TRACT
2
55 .� ---
• Jill. if
•
4
•
4F •r
38.28 Ac. 44,;;;;...*
SANTA
.,
.lb 07
0
CLANA COUNTY, CALIFORNIA
5 7 ‘®
ROAD
2132 PM.500-M-9
140.12 •••'
213 2f•..r
301.0
s•
I4'1)
'4 •A
0,0 laia
4 .,V
9;' •a_
1 ',a t qr
0, .•A
sip
PCL. 8
/3
r
gl 6-
•
tit
R.D.S. 490,
f
to
JZ-
a Pi
•
tzo
P•a' •
EXP
Page