Loading...
HomeMy Public PortalAboutResolution - 85-52- 19851218 - Lands of AtwoodRESOLUTION NO. 85-52 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 OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - ATWOOD PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Stanford H. Atwood, Jr. et al.,and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agree- ment 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 $2,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $100,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1985 Promissory Note Fund for this purchase. 004 RESOLUTION NO. 85-52 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on December 18 ,19 85 at a regular meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Edward Shelley, Nonette Hanko, Harry Turner and Richard Bishop. NOES: None ABSTAIN: None ABSENT: Teena Henshaw ATTEST: Secretary, Board of Directors APPROVED: Vice Presi 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. CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SEC. 27281) This is to certify that the interest in real property conveyed by the foregoing deed, grant or other instrument dated , from STANFORD H. ATWOOD, Jr. and W. DONALD HEAD, both single men to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, is hereby accepted by the undersigned on behalf of the District pursuant to authority conferred by resolution of the Board of Directors of the Midpeninsula Regional Open Space District bearing No. 8S ?, adopted on December 18, ,L 9 85 , and said District consents to recordation thereof. Dated December 18 , 1985 ATTEST: Acting MIDPENINSULA REGIONAL OPEN SPACE DISTRICT President, Board of Directors By tar*1 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between Stanford H. Atwood, Jr. and W. Donald Head, as Joint Tenants, 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 thirty acres (30.0), more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 517-17-057; said property being more particularly described in Preliminary Title Report No. 255784, dated November 1, 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 easement, rights of way, or rights of use which may be appurtenant or attributable to the afore- said lands, and any and all improvements attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be One Hundred Thousand and No/100 Dollars ($100,000.00) 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 con- veyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments, ease- ments, taxes, assessments, covenants, restrictions, rights, and conditions of record except: A. Taxes for the fiscal year in which this escrow closes shall be pro -rated as of the close. - B. Typewritten Exceptions Numbered 3 and 4 listed in said Preliminary Title Report (Exhibit "A"). C. Any additional title exceptions as acceptable to DISTRICT. Purchase Agreement - Atwood and Head Page Two 4. COSTS DISTRICT shall pay all escrow, recording and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for, 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 DISTRICT. 5. WAIVER OF STATUTORY COMPENSATION SELLER understands that they 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, et seq. SELLER acknowledges that they are familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights they may have to receive the fair market value of the prop- erty under any applicable Federal or California law. 6. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent's commission or other related costs or fees in connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the prop- erty. 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, rental agreement, or occupancy of the property being acquired by DISTRICT. 8. ACCEPTANCE AND TERMS OF ESCROW Provided that SELLER executes this Agreement on or before December 13, 1985, DISTRICT shall have until December 19, 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 prop- erty 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 - Atwood and Head Page Three Provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practi- cable through an escrow (No. 255784) 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 December 31, 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: nley orton, District Counsel ACCEPTED F76R RECOMMENDATION: L. Craig ritton, SR7WA Land Acquisition Manager APPROVED AND ACCEPTED: reside ATTEST: Board of Directors Date: / /9P Stanford H. Atwood, J Date: 4.15 t /.2, /6? f 5 W. Donald Head ST AMER' im,,'"�-` \ r ? /,/ Subject to a minimum charge required by Section 12404 of the Insurance Code. Fir^t American Title Ciaranty Company ❑ CAMPBELL 2020 SOUTH BASCOM AVE. CAMPBELL. CA 95008 1408) 377-2992 0 CUPERTINO 10370 SOUTH DEANZA BLVD. CUPERTINO. CA 95014 14081 252-7000 0 BLOSSOM HILL•SAN JOSE 499 BLOSSOM HILL RD. SAN JOSE. CA 95123 14081 227.5111 Mid -Peninsula Regional Open Space District 375 Distel Cir. #D1 Los Altos, CA 94022 Attention: Sandy Voorhees Form of Policy Coverage Requested: isSAN JOSE 675 NORTH FIRST ST. SAN JOSE. CA 95112 14081 286-6353 0 LOS ALTOS ❑ PALO ALTO 329 SO. SAN ANTONIO RD. *8 550 HAMILTON AVE. LOS ALTOS. CA 94022 PALO ALTO. CA 94301 1415) 941.3320 (415) 326.5050 0 WEST VALLEY•SAN JOSE 4125 BLACKFORD AVE. *100 SAN JOSE. CA 95117 1408) 249.9611 TITLE OFFICER: Lois R. Burris Escrow Officer: Marilyn Raye Your No.: 704 Our Order No.: 255784 Property Address: None shown 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 November 1, 1984 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: STANFORD H. ATWOOD, JR., a single man and W. DONALD HEAD, a single man, as joint tenants TITLE OPERATIONS MANAGER The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AS TO PARCEL ONE and AN EASEMENT AS TO PARCELS TWO & THREE. 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) E%H 8B flT, Page .1.2f Ord'a'NNo . 255784 Pages 2 1. Taxes for the fiscal year 1984-85 1st Installment 2nd Installment Assessors No. Code Area : $128.77 due and payable $128.77 a lien not yet due but payable : 517-17-057 : 60-000 2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983 of the State of California. 3. Those certain easements reserved in that deed by Emmette T. Gatewood, Jr., recorded February 16, 1961 in Book 5074 of Official Records, page 256 as follows: A) An easement for the purpose of ingress and egress for the installation and maintenance of public utilities over the existing roadway 50 feet. B) An easement for the purpose of ingress and egress and for the installation and maintenance of public utilities 50 feet in width over the existing roadway running from said spring to the 50 foot easement hereinabove described. 4. The requirement that a determination of the exact location of the existing 50 foot easements be made before insuring title to Parcel One herein. 5. Possible community interest of the spouses of the herein named Vestees if said Vestees are married. EXHRBIT Page le /"4"N Order No. Page 3 NOTE: 255784 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 nXFUINA Faso Ord!''No . 255784 Page 4 • LEGAL DESCRIPTION: Real property situated in Unincorporated Area, County of Santa Clara, State of California, described as follows: PARCEL ONE The Northeast one -quarter of the Northwest one -quarter of Section 24, Township 8 South, Range 2 West, Mount Diablo Base and Meridian. Excepting therefrom the West 332 feet (measured at right angles to the Westerly line) thereof, conveyed to John P. Krider, et ux, by Deed recorded October 20, 1965 in Book 7146 Official Records, page 298, Santa Clara County Records. PARCEL TWO A non-exclusive 50 foot easement for the purpose of ingress and egress and for the installation and maintenance of public utilities over an existing roadway across the Northwest one -quarter of the Northwest one -quarter of Section 24, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, and running in a general Southeasterly and Westerly direction from the intersection thereof with the center line of Bollman Road near the Northerly line of said Section 24 to the intersection of said 50 foot easement with Bollman Road near the Southerly line of the North 1/2 of the Northwest 1/4 of said Section 24. Also a non-exclusive 50 foot easement for the purpose of ingress and egress and for the installation and maintenance of public utilities over an existing roadway across the Northwest one -quarter of the Northwest quarter of Section 24, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, and running from a spring in a Southerly and Northwesterly direction to the intersection thereof with the 50 foot easement above described. Said easements being reserved i4 the Deed to Douglas Davidson Ordahl, et ux, recorded December 20, 1962 in Book 5837 Official Records, page 313, Santa Clara County Records, and other deeds of record. PARCEL THREE A right of way 50 feet in width over a portion of the West 332 feet of the Northeast one -quarter of the Northwest one -quarter of Section 24, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, as reserved in tl4t Deed to John P. Krider, et ux, recorded October 20, 1965 in Book 7146 Official Records, page.298, Santa Clara County Records. • EXHIBIT Page LIST OF PRINTI\ EXCEPTIONS AND EXCLUSII"IS (By Policy Type) 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 1 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. 6. 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 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. 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 domain 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 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 en 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. 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 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 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 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 foss 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. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS in addition to the Exceptions in Schedule B, 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 Vey 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 tide. 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 bythe 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. Continued on Next Page FORM 4288-1 (12/83) EXHIBrr Page 3. Defects, liens. encu mbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the i ns ured claimant; (b) not k nown to the Company and not shown by the public records but known to the insured claiman t either at Date of Policy or at the date s uch claima nt acquired an estate or interest insured by this policy or acquired the in su red mortgage and not disclo sed in writing by the in sured claimant to the Company prior to the date such insured claima nt became an insured here under; (c) resulting in no loss or damage to the insu red claimant; (d) attaching or created subsequent to Dat e of Policy (except to the extent ins ura nce is afforded herein as to a ny statutory lien for labor or material or to the ex ten t insu rance is afforded herein as to assessments f or street impro vements under c onstructi on or completed at Date of Policy.) 4. Unenforceability of the lien of the in sured mortgage because of failure of the insured at Date of P olicy or of any s ubsequent owner of the indebtedness to comply with applicable "do ing business" laws of the state in which the lan d is situated. edmh 4. A MER .N LAND TITLE ASSOCIATION LOAN POL - 1970 WITH A. L.T.A. ENDORSEMENT FORM 1 COVER AGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or go vernmental regulation (including but no t limited to bu ilding and zoning ordi nances) restricti ng or regulating or prohibiting the occupancy, use or enjoymen t of the land, or regulatin g the character, dimensio ns or location of any improveme nt now or hereafter erected on the land, or pr ohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of a ny such law, ordinance or g overnme ntal regulation. 2. Rights of eminent do main or gov ern mental rights of police power unless no tice of the e xercise of such rights appears in the public records at Date of P olicy. 2. Rights of eminen t do main or governmental rights of police po wer u nless notice of the exercise of su ch rights appears in the public rec ords at Date of P olicy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not kn own to the C ompany and not shown by the public records but known to the insured claiman t either at Date of P olicy or at the date such claimant acquired an estate or interest by this p olicy and not disclo sed in writing by the insured claimant to the Company prior to the date such insured claima nt became an insured hereunder; ( c) resulting in no l oss or damage to the insured claiman t; (d) attaching or created subsequent to Date of Policy; or (e) resulti ng in loss or damage which would not have been s ustained if the ins ured claimant had paid value for the estate or interest in sured by this po licy. 5. AMERICAN LA ND TITLE ASSOCIATION OWNERS POLICY FOR M B -1970 (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FRO M CO VERAGE 1. A ny law, ordinance or gov ernmental regulation (including bu t no t limited to buildi ng and zoni ng ordi nances) restricting or reg ulating or prohibiting the occ upancy, use or enjo ymen t of the land, or regulating the character, dimension s or lo cation of any improveme nt n ow or hereafter erected on the la nd, or pr ohibiting a separation in ownership or a reductio n in the dimensio ns of area of the land, or the effect of any vi olation of any such law, ordi na nce or governmental regulati on. SCHEDULE B This policy does not in sure against loss or damage by reason of the matt ers shown in parts one and two f oll owi ng: Part One: 1. Taxes or assessments which are not shown as existing liens by the reco rds of any taxing authority that levies ta xes or assessme nts on real pr operty or by th e p ublic records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertai ned by an inspectio n of said land or by maki ng inquiry of person s in possession thereof. 3. Easements, claims of easement or en cumbran ces which are not shown by the p ublic records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct s urvey wo uld dis close, and which are n ot shown by public records. 5. Un patented minin g claims; reservations or exceptions in patents or in A cts auth orizing the issuance thereof; water rights, claims or title to water. 6. An y lien , or right to a lien, for services, labo r or material heretofore or hereafter furnished, imp osed by law and not shown by the p ublic records. 6. AM ERICAN LA ND TITLE ASSOCIATION LOAN POLICY -1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (A MENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this po licy: 1. Any law, ordinan ce or go vern mental regu lation (including bu t not limited to building and zoning ordinances) restricting or regulationg or prohibiting the occupancy, use or enjo yment of the land, or regu lating the character, dimen sions or location of any improvement now or hereafter erected on the la nd, or prohibiting a separation in o wnership or a reduction in the dimensio ns or area of the land, or the effect of a ny violation of -any such law, ordina nce or governmental regulatio n. 2. Rights of eminen t domain or governmental rights of police power unless notice of the exercise of suctrrights appears in the public records at Date of Policy. 3. Defects, liens, encu mbrances, adverse claims, or other matters (a) c reated, su ffered, assumed or agreed to by the ins ured claimant; (b) not known to the Company and not shown by the public reco rds bu t kno wn to the insu red claimant either at Date of Policy or et the date such claima nt 'acq uired an estate or i nterest insured by this policy or acqu ired the insured mortgage and no t disclosed in writing by the insured claimant to the Catnpany prior to the date such i ns ured claimant became an i nsured hereunder; (c) resu lting in no loss or damage to the in su red claimant; (d) attachin g or created subsequent to Date of Policy (except to the e xtent ins urance is afforded herein as to a ny statu tory lien fo r labor or material or to the exten t insurance is afforded herein as to assessme nts for street improvements under co nstr uctio n or c ompleted at Date of Po licy). 4. Unenforceability of the lien of the insu red mo rtgage because of failure of the insured at Date of Policy or of any s ubseque nt ow ner of the indebtedness to comply with applicable "doin g bu siness" laws of the state in which the land is situ ated. SCHEDULE B This policy do es no t in sure against lo ss or damage by reaso n of the matters sho wn in parts one and two f ollowing: Part On e: 1. Taxes or assessments which are n ot sho wn as ex isting liens by the records of an y taxing authority that levies taxes or assessments on real property or by the public records. 2. A ny facts, rights, interests, or claims which are n ot shown by the publiccr+fco rds but which could be ascertai ned by an inspectio n of said land or by making inquiry of perso ns in possession thereof. 3. Easem en ts, claims of easement or encumbrances which are not sho wn by the public records. 4. Discrepancies, conflicts in boundary lines, sho rtgage in area, encroachments, or any other facts which a c orrect survey would discl ose, a nd which are not shown by public records. 5. Unpaten ted mining claims; reservation s or exceptions in patents or in Acts au thorizing the issuance there of; water rights , claims or title to water. 6. An y lien , or right to a lien , fo r services, labor or material theretofore or hereafter furnished, imposed by law and not sh own by the publi c records. EXHIBIT, Page of n _ nw� FORM 4288.2 (12/83) t r S'A NTA C LAR•A COUNTY CALIFORNIA NSH1l 8 SOUTH RANGE 2 WEST 8 0 0 K 517 i PAGE 17 13 18 57 0.* PARCEL 1 29.95 AC 4 MIDPENINSULA 0 244 10 --� "3 ^, 2 1" CS A.! 1660 i t2 en Q I ! r 3 5.00AC 3 '�` I 40 0' • J : 69 J �— )1 1 r4 11 5 0 2 AC ct: 10.00 AC ?oiCAC. 0 81 1 t34• o' .32 N `� '%\5.00 AC '" ,--O o 460 _ 330 320.-0, co.. PCL A 67 : 66 'Z.50 •1 2:: AC v 265 »o ^6 i P.M35"-x-2 t M 80 AC • 24 REGIONAL OPEN SPACE 25 DISTRICT /9 160 AC r 1 80 AC 19 24 1 19 T.8S.R.2W. 25 30 t":6001 EXHIBIT T.85.R.t4.0 Page