Loading...
HomeMy Public PortalAbout19861022 - Agendas Packet - Board of Directors (BOD) - 86-26 *Meeting 86-26 JA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 7 : 30 P.M. REGULAR MEETING 201 San Antonio Circle Wednesday BOARD OF DIRECTORS Building C-135 October 22, 1986 Mountain View, CA A G E N D A (7 : 30) * ROLL CALL APPROVAL OF MINUTES (October 8, 1986; October 14 , 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7 : 45) 1. Access Facilities for Alpine Pond Area of Skyline Ridge Open Space Preserve -- D. Hansen (8 :25) 2 . Proposed Addition to El Corte de Madera Creek Open Space Preserve (Lands of Hosking) -- C. Britton Resolution Authorizing Acceptance of Agreement for Transfer of Interests in Real Property, Authorizing Officer to Execute Certi- ficate 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 (El Corte de Madera, Creek Open Space Preserve - Alan Hosking Property) (8 :50) 3 . Proposed Zand and Kamangar Additions to Thornewood Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Agreement to Exchange Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Lands of Zand) Resolution Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Lands of Kamangar) Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin (9 :10) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *Times are estimated. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters, you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication which the Board appreciates. Each speaker wiZZ ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fill out the form provided and present it to the Recording Secretary so that your name and address can be accurately included in the minutes. NOTICE OF PUBLIC MEETINGS The Office Space Committee will meet at 10:00 A.M. Wednesday, November 5 , 1936 at the District office for a site tour. The Budget Committee will meet at Noon on Wednesday, November 5 , 1986 at the District office. THE PUBLIC IS INVITED TO ATTEND The Regular Board Meeting of Wednesday, November 26 has been tentatively rescheduled to Monday, November 24 or Wednesday, November 19 . Meeting 86-23 I A �. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5600 REGULAR MEETING BOARD OF DIRECTORS OCTOBER 8 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 :35 P.M. Members Present: Katherine Duffy, Teena Henshaw, Edward Shelley, Nonette Hanko, and Harry Turner. Member Absent: Daniel Wendin Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, James Boland, Mary Gundert, Walter Goggin, Stanley Norton, and Cecilia Cyrier. II. APPROVAL OF MINUTES A. September 24 , 1986 Motion: K. Duffy moved the approval of the minutes of September 24 , 1986. E. Shelley seconded the motion. The motion passed 5 to 0. R. Bishop arrived at 7 : 37 P.M. III. WRITTEN COMMUNICATIONS C. Cyrier stated that the Board had received the following written communications: f 1) a letter from Dr. Harold F. Martin, 11666 Dawson Drive, Los Altos Hills, for a concerned group of Los Altos Hills residents, dated September 20, 1986 , expressing their concerns about converting the Neary Quarry into a lake and its affect on Hale Creek; 2) a letter from Tony Rollis, President, Air Force Sergeants Association Chapter 1379, dated September 18, 1986, requesting they be allowed to install a star on Mt. Umunhum in early November as a reminder to the people of Santa Clara County of American servicemen still un- accounted for in Southeast Asia; 3) a letter from Brian Galbreath, 69 Paul Avenue, Mountain View, received September 23, 1986, in which he reported the vandalism to his truck on two occasions while parked at the Monte Bello Open Space Preserve parking lot; 4) a letter from Christine Wren, 10698 Mora Drive, Los Altos, dated September 29, 1986, in which she presented her views regarding the future of the upper house at Rancho San Antonio Open Space Pt.eserve; 5) a letter from Harry H. Haeussler, 1094 Highland Circle, Los Altos, dated September 24 , 1986, forwarding a copy of Assembly Bill 2674 pertaining to changes in the Government Code as they relate to the Brown Act; and Meeting 86-23 Page two 6) a note from Sue Van Stee, 775 Portswood Drive, San Jose, dated October 6, 1986, expressing her thanks for the docent recognition event on September 14 . The Board concurred that the draft letter to Dr. Martin expressed their views and should be sent. , After discussing the request from the Air Force Sergeants Association, E. Shelley stated the Board' s consensus that permission be granted to erect the star on Mt. Umunhum this year, provided that the District was adequately covered by the Association for possible liability. The Board accepted the draft response to Mr. Galbreath relating to van- dalism to his truck while parked at Monte Bello Open Space Preserve as appropriate. E. Shelley stated that the letter from Christine Wren pertaining to disposition of the upper house at Rancho San Antonio Open Space Preserve would be considered when the related agenda item was discussed, and said that the material from Harry Haeussler should be referred to District Legal Counsel. IV. ORAL COMMUNICATIONS On behalf of Kathy Kennedy-Miller, President, King's Mountain Association, J. Fiddes said that the Candidates ' Night sponsored by the League of Women Voters, the South Skyline Association, and the King's Mountain Association would be held on Thursday, October 16 at 7 :30 P.M. at the King' s Mountain Community Center, and the public is invited. Larry Hassett, 22286 Skyline Boulevard, La Honda, referring to the recent vehicle-bicycle accident on Hecker Pass Road, asked the Board to give serious consideration to such type ,of accidents occurring when planning access to District lands from highways, especially those in the Skyline area, and uses of District lands. T. Henshaw suggested that she and Director Hanko, the members of the Transportation Committee, meet with Mr. Hassett to discus's his concerns and bring ideas and suggestions back to the Board. There was no objection to her suggestion. Mark Winitz, 1638 Corte Via, Los Altos, expressed his concerns about access to Rancho San Antonio Open Space Preserve via St. Joseph Avenue and Hidden Villa. E. Shelley responded that the parking problem on St. Joseph' s Avenue is an on-going one and that District staff continues to work on it with CalTrans, the City of Los Altos, and Santa Clara County. Mr. Winitz was asked by E. Shelley to talk with staff regarding additional signing for access from Hidden Villa. E. Shelley, responding to a question from Alfonso Tatano, P.O. Box 865, Cupertino, confirmed that the dedication event at Los Gatos Creek Park was scheduled for Saturday, October 18 . V. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus. VI. SPECIAL ORDERS OF THE DAY A. Resolution of Ap—preciation for Senator Bergeson (Report R-86-87 of September 24, 1986 Motion: R. Bishop moved that the Board adopt Resolution 86-57, a Resolution of the Board of Directors of the Midpeninsula Regional open Space District Expressing the Board' s Grati- tude to Senator Marian Bergeson for Including District Meeting 86-23 Page three sponsored Sections in Senate Bill 1685. T. Henshaw seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Introduction of Douglas Gaynor, New Director of Santa Clara County Parks and Recreation (Report R-86-89 of September. 29, 1986) H. Grench reported that Mr- Gaynor had been called out of town and that the item would be rescheduled. B. Master Plan Presentation by Trust for Hidden Villa (Report R-86-92 of October 1, 1986) D. Hansen introduced Ann Smith, Executive Director of the Trust for Hidden Villa, Elizabeth Dana, and Jean Rusmore. Ms. Smith, in a comprehensive presentation, stated that Hidden Villa's Master Plan was developed over a nine-month period, from November 1985 to July 1986, with 2M Associates as the consultant. She re- viewed the areas for study and development: namely mission goals and management strategy, programs, land use and facilities, natural resour- ces, and finance implementation. She expressed the thanks of those at Hidden Villa for the support received from the District over the past years. C. Final Adoption of Amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans (Report R-86-94 of October 2, 1986) D. Hansen reviewed concerns from the September 24 Board meeting rela- ting to Skyline Boulevard traffic and the whole-access parking and road. He indicated that the original cost estimates for a possible underpass had been high and that new estimates ranged from $150,000 to $175, 000 for a multi-purpose trail user underpass. He said that a letter, dated October 5, 1986 from Dr. Samuel McGinnis had been distributed to the Board for review and he stated that staff continued to recommend access to Alpine Reservoir as proposed in the previous staff report. N. Hanko urged the Board to delay action on the whole access parking lot and road and noted that she and Director Wendin felt a special meeting on site should be held to evaluate further the merits of an underpass. She requested that Dr. McGinnis attend the on-site meeting and that staff revise earlier cost estimates. She noted the Board was being presented with a new plan and not the plan the Board had ini- tially approved for Skyline Ranch. H. Grench stated that November 1 seemed to be the key date to which a delay could occur without jeopardizing grant funding. He stated that three issues to be considered with respect to an underpass versus the access road were: relative costs, safety in the underpass, and environmental impacts. He said that he recommended proceeding with the access road and small parking area, and that the other aspects of the Use and Management Plan should be adopted at this meeting. T. Henshaw said she opposed construction of an underpass. E. Shelley questioned how the Board could approve the other use and management items without acting upon the underpass since some of the other items might have to be dropped to finance an underpass. R. Bishop suggested that action be deferred until the next regular meeting and that the Board have an on-site visit prior to that meeting. He said that unless the road intrusion is truly substantial, he would vote for the road. Meeting 86-23 Page four D. Hansen reported that the whole access segment of the approved grant was crucial and funds could be in jeopardy if this segment was removed. Phyllis Cangemi, 517 Lincoln Avenue, Redwood City, distributed a letter to the Board and presented a summary of it. She stated that the proposed road would tend to polarize individuals into the categories of disabled and non-disabled and that a concern of the Whole Access organization is to provide for social interaction of all* individuals . She said that the proposed underpass could provide for this interaction because everyone would be using the same parking area and entrance to the preserve. She also requested some access nearer to the reservoir for those with severe needs . Motion: E. Shelley moved that the Board schedule a Special Meeting on-site at Skyline Ranch Open Space Preserve, on Tuesday, October 14 at 5 :00 P.M. R. Bishop seconded the motion. The motion passed 6 to 0 . Motion: R. Bishop moved that the Board adopt all of the amend- ments to the Use and Management Plans for the Skyline Ranch and Russian Ridge Open Space Preserves except for the provisions regarding the whole-access parking lot and the road leading to it. N. Hanko seconded the motion. The motion passed 6 to 0 . Motion: E. Shelley moved that the Board consider the item of the whole-access parking and the underpass at the meet- ing of October 22 . R. Bishop seconded the motion. The motion passed 6 to 0 . D. Final Adoptionof the Interim Use and Management Plan for the Noravian Property Addition to the Sierra Azu_1_ Open Space Preserve (Report R-86-90 of September 29, 1986) D. Hansen said that escrow had closed on the subject property and that staff had received no public comment. Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan, name the property as an addition to Sierra Azul Open Space Preserve, and withhold the property from dedication as public open space. T. Henshaw seconded the motion. The motion passed 6 to 0 . E. Disposition of Upper House at Rancho San Antonio Open Space Preserve (Report R-86-91 of September 30 , 1986 and Report R-86-86 of September 19 , 19Ub) . E. Shelley reported that there was a written communication on this item, and T. Henshaw stated that she was prepared to work with Meeting 86-23 Page five I D. Wendin, N. Hanko and R. Bishop to retain the entire structure. Motion: R. Bishop moved that the Board remove the motion from the table. K. Duffy seconded the motion. The motion passed 6 to 0 . Motion: T. Henshaw moved a substitute motion that the Board re- model the existing upper structure into a duplex to serve as both a Ranger residence and enterprise structure (Option A) . R. Bishop seconded the motion. The motion passed 6 to 0 . F. Proposed Addition to Los Gatos Creek Park (Lands of San Jose Water Company) (Report R-86-88 of September 29, 1986) D. Hansen reviewed the proposed Interim Use and Management Plan for the property, showed slides of the new Jones Road Trail, and said that the portion of land next to Los Gatos' park would be trans- ferred to the Town at a later date. W. Goggin reported that the San Jose Water Company was donating the property to the District with the stipulation that the District pay the administrative costs to transfer title, estimated at $2,000 . N. Hanko asked if signing would be installed to alert users of the steepness of the hail. S. Norton said that signing would be done at the bottom of the trail describing the difficulty, as opposed to any hazard of the trail. D. Hansen said that the new segment of the Jones Road Trail from Los Gatos Town Park is currently closed to bicyclists and equestrians due to its steepness and that staff will continue to work with the Town of Los Gatos, the Mid- peninsula Trails Council, and concerned users to resolve trail use requests . Motion: R. Bishop moved that the Board adopt Resolution 86-58, a 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 Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Los Gatos Creek Park - Lands of San Jose Water Company) . K. Duffy seconded the motion. The motion passed 6 to 0 . I Motion: R. Bishop moved that the Board tentatively adopt t the Interim Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Los Gatos Creek Park, and indicate its intention to dedicate the property as Public open space. K. Duffy seconded the motion. The motion. passed 6 to 0 . Meeting 8C-23 Page six G. District Position on November Ballot Measur--s `PE,00rt R-86-95 of October 1986) H. Grench briefly reviewed the two measures, which had been reviewed by the Legislative Committee . - Motion: N. Hanko moved that the Board adopt Resolution 86-59, a Resolution of the Board of Directors of the Midpeninsula, Regional Open Space District Supporting Santa Clara County Measure A on the November 1986 Ballot. R. Bishop seconded the motion. The motion passed 6 to 0 . Motion: R. Bishop moved that the Board adopt Resolution 86-60 , a Resolution of the Board of Directors of the Midpeninsula. Regional Open Space District in Opposition to State Proposition 61 on the November 1986 Ballot. N. Hanko seconded the motion. The motion passed 6 to 0 . VIII . INFORMATIONAL REPORTS H. Grench said that a Budget Committee meeting is scheduled for October 15, rather than October 14 as shown on the agenda, and he reported that the District had been well represented at the excellent People for open Space conference on September 27. J. Fiddes presented an update on the Los Gatos Creek Park event scheduled for Saturday, October 18 . D. Hansen reported that the San Mateo County Planning Commission had approved the two parking lots at Purisima Creek Redwoods Open Space Preserve and that work should begin in the spring on the lots. H. Grench shared with the Board a new book on Windy Hill with photo- graphy by Susan Thomas and poetry by Anne Whitson. E. Shelley indicated that he would not be able to attend the Deer Hollow Farm annual recognition dinner on October 19 . T. Henshaw said that she would be pleased to represent the Board. IX. CLAIMS Motion: R. Bishop moved the approval of Revised Claims 86-19 . T. Henshaw seconded the motion. The motion passed 6 to 0 . X. CLOSED SESSION There was no Closed Session. XI . ADJOURNMENT The meeting adjourned at 10: 03 P.M. Cecilia A. Cyrier Secretary CLAIMS No.86-19 Meeting 86-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Oct. 8, 1986 . 0 L A I M S REVISED Amount ° Name Description 9065 7.42 AUT Consumer Products Division Telephone Equipment 9066 53-50 Audio Visual Center Microphone Rental---Los Gatos 'Event 9067 59.82 Bruce Barton Pump Service, Inc. Pump Repair 9068 125.70 James Boland Reimbursement--Field Supplies and Meal Conference 9069 75.60 Brannons Rentals Sales, Inc. Chair Rental--Board Meeting _ 9070 2,000*.00 Commonwealth Land Title Company Land Purchase--San Jose V.1 er. Works' 9071 775.20 Costco Field Equipment i 9072 208.24 Discount -Office Supply Office Supplies 9073 13.39 El Monte Stationers Office Supplies 9074 1 ,200.00 John Estes Caretaker 'Services 9075 380.00 Emergency Vehicle Systems Equipment Installation 9076 1 .753.39 Farrelle Communications Company Radios and Installation 9077 41 .20 Federal Express Corporation Express Mail 9078 181 .72 Ted J. Fink Photography--Board/Staff/Docent Event 9079 550.00 Foss-and Associates Personnel Consulting Fee--September 9080 60.07 The Frogpond Meal Conferences 9081 36.28 Walter Goggin Private Vehicle Expense 9082 23.75 Graphistat, Inc. Artwork 9083 104.S9 Herbert Grench Reimbursement--Meal Conferences 9084 36.65 David Hansen Reimbursement--Conference Expense 9035 15.15 Harbinger Communications Computer Expense I 9086 150.00 Carrol H. Harrington Consulting Fee--Docent/Staff Event 9087 825.38 Deborah Heuckroth Consulting Fee, Design and Map Production--Las Gatos Event ' 9038. 576.30 Alton S. Lee and David A. Lee Architectural Services--Picchetti 9089 431 .25 Charlotte MacDonald Consulting Services--Los Gatos Event 9090 200.00* Charlotte MacDonald Supplies for Los Gatos Event 9091 166.03 ' Gail A. MacDonald Photography--Los Gatos Event 9092 121 .00 Marshall and Swift Library Documents 9093 85.61 Mobil Oil Company Fuel for District Vehicles 9094 807.73 Pacific Bell Telephone Service 9095 Pcctftc-fias-and-E+ectr+C-Eompanq dti+ftires 9096 793.33 Peninsula Oil Company Fuel for District Vehicles 9097 75.00 Pigeon Point Lighthouse Hostel Retreat--Land Management Staff Emergency Check Issued on September 26, 1986 CLA'MS tl0 Meeting 86-23 Date; Oct. 8, 1986 AFL^?` REV(S.ED Name Description 9098 10.95 Publishing Horizon's, Inc. Resource Document 9099 250.38 Rent A Computer Computer Rental 9100 907.36 Scribner Graphic Press, Inc.. Printing--Los Gatos Event 9101 4,370.00 E. R. Sheehan Trail Construction Services--Los Gatos Flume Trail 9102 286.41 Shell Oil Company Repairs and Fuel for District Vehicle 9103 1 ,323.00 Glenn Smith Consulting Services 9104 48.95 Rancho Cobbler & Cleaner Uniform Expense 9105 685.00 Real -Estate Data, Inca Microfiche Lease 9106 107.34 Clyde Robin Company Wildflower Seeds--Los Gatos Event 9107 101.08 San Francisco Water Department Water Services 9108 161 .49 County of Santa Clara/Sheriff's Flume Demolition Expense Depa rtimen t 9109 554.26 Scribner Graphic Press Office Supplies 9110 150.00 Sid's Custom Upholstery District Vehicle Repair 9111 7.95 Susan Thomas Resource Document 9112 1 ,000.00 True's Tractors Road Maintenance 9113 665.00 Valley Title Company Title Fees--Allen and Noravian Propert 9114 150.75 West Coast Shoe Company Uniform Expense 9115 400.00 Harvey Williams Repairs--Saratoga Gap Residence 9116 445.99 Del Woods Reimbursement--Office Equipment and Private Vehicle Expense 9.1.17 203.20 Xerox Corporation � Relocation Expense 9118 1 ,050.00 Ortha Zebroski Landscape Architect Consulting Fees 9319 24.69 ZZZ Sanitation Company Sanitation Services 9120 106.23ir Goodco Press Invitation Letters--Los Gatos Event 9121 197.48 Petty Cash Seminar Expense, Meal Conferences., Office and Field Supplies, Postage,— and Private Vehicle Expense • %= Emergency Check Issued on September 26, 1986 I Meeting $6-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 SPECIAL MEETING BOARD OF DIRECTORS OCTOBER 14 , 1986 MINUTES T, ROLL CALL President Edward Shelley called the meeting to order at 5:05 P.M. at the designated meeting place at the intersection of Page Mill Road, Alpine Road, and Skyline Boulevard. Members Present: Katherine Duffy, Edward Shelley, Daniel Wendin, Harry Y ner, Nonett e Ha nko and Richard Bishop. P Member Absent: Teena Henshaw. Personnel Present: Herbert Grench, David Hansen, Mary Gundert and John Escobar. II. BOARD BUSINESS The purpose of th(p meeting was to review proposed alternatives for the whole-access parking and access road in the Alpine Reservoir area of the Skyline Ridge Open Space Preserve. The group, led by Landscape Architect Ortha Zebroski took a tour around Alpine Reservoir looking at the potential road alignment and whole-access parking area near the Reservoir. The group viewed the site of the pro- posed parking area on the Russian Ridge Preserve side of Alpine Road and the location where an underpass might be placed under Alpine Road to connect Russian Ridge and Skyline Ridge Preserves. E. Shelley stated the Board' s consensus to direct staff to return to the Board on October 22 with a schedule for investigating the feasi- bility of some type of underpass under Alpine Road. III. ADJOURNMENT The meeting adjourned at 7:05 P.M. Herbert Grench R-86-96 (Meeting 86-26 Noe October 22 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 16 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Access Facilities for Alpine Pond Area of Skyline Ridge Open Space Preserve Introduction: At your October 8 , 1986 meeting you again discussed the staff proposals for access facilities to the Alpine Pond area of the Skyline Ridge Open Space Preserve (see Minutes of October 8 meeting and Report R-86-94 dated October 2 , 1986) . You agreed at that time to hold an on-site meeting to review the design solutions for access. The meeting was held October 14 , 1986. The consensus of the Board at that time was for staff to return by your October 22 meeting with a timetable to complete an engin- eering feasibility study to construct an underpass between the Russian Ridge and Skyline Ridge Preserves. Discussion: Staff has drafted a chart which is attached, outlining the proposed choices to solving the access facility dilemma. Negative and pos- itive impacts, costs, and other consequences are noted. In addition, material will be available at the October 22 meeting which gives cost esti- mates for preliminary engineering work on an underpass. Written information and opinion from Peninsula Open Space Trust Committee members who were pre- sent at your October 14 field trip will also be presented. Dr. Sam McGinnis will also be present at your meeting to answer questions regarding his letter dated October 5 , 1986 which you previously received. Timetable: Whole-access facilities to the Alpine Pond area were a key ele- ment of the $300,000 State grant approved by the State for the facilities at Skyline Ridge Preserve. Plans and specifications for all facilities prop- osed for funding must be submitted by June 30 , 1987 to the State Engineer. Extensions are sometimes granted, but this is not desirable, especially if another grant submittal is pending approval with the State. If you decide to proceed, preliminary estimates on the feasibility and costs of construc- ting the underpass could be completed by November 21, 1986. At your second meeting in November, a decision would have to be made whether or not to find additional funds above the grant amount budgeted for this access proj- ect, to contract for detailed engineering plans and specifications , and to construct the underpass and whole access lot. An estimated late January completion date for these plans would allow time for San Mateo County to complete its review (including a potential EIR) , but timing would be tight for meeting the June 30 , 1987 State deadline. If you opt fo r shifting the Alpine whole access facilities to Horseshoe Y P g P Lake, and the State approves , a similar tight timetable is envisioned to complete the plans and approvals by the deadline. R-86-96 Page Two Incidentally, staff will return at your November 12 , 1986 meeting for approval to contract the detailed engineering work necessary in the preparation of plans and specifications to CalTrans standards for the main accessway and parking facilities at the Christmas tree area of the Preserve. PLANNING ALTERNATIVES - ACCESS FACILITIES TO ALPINE POND AREA, SKYLINE RIDGE PRESERVE Estimated Alternative Cost Funding Positive Aspects Negative Aspects la) Parking on Russian Ridge $ 50 ,000 Proposed for funding * Parking serves 2 Preserves Impact to 'buttercups ' , Preserve for 30 vehicles in Phase I - Stage 2 * Easy access off Alpine Rd. but they will disappear Proposition 18 Grant when grazing stops anyway 0 Site is relatively flat 0 Visitors must cross Alpine Rd. (requires minimum grading) to reach Preserve lb) Secondary access road for $ 70 ,000 Funding in Phase 1 0 Low elevation - requires Access road visibility handicapped & 4 vehicle + possible Stage 1 Proposition minimal trail to connect 10 ,000 square yards grading parking area CEQA costs 18 Grant to Alpine Pond perimeter required trail Cars out of sight behind berm (from reservior) 2a) Parking on Russian Ridge $ 50 ,000 2a, b requires 0 Serves 2 Preserves Some drainage problems to Preserve including amendment to exist- * Easy access off Alpine Rd. work out. More grading handicapped parking ing & proposed than la. Proposition 18 grants. 0 Integrates user groups Existing grant funds $70 ,000 for handicap- ped parking in pond 2b) Underpass to Skyline $ 250,000- area, proposed grant 0 Eliminates road disturb- 0 Traffic re-route problems (hiking, equestrian, $ 300 ,000 ance to Alpine Pond Area (during construction) wheelchair) + possible requests $50 ,000 for No vehicles CEQA costs, parking on Russian 0 Tree removal, major grading Ridge OSP design/en- Eliminates need to cross * Drainage problems gineering costs Alpine Road Best connection (long term) between Preserves Estimated Alternative Cost Funding Positive Aspects Negative Aspects 3a) Parking at Russian Ridge $ 50 ,000 3a, b require amend- Easy access Preserve for 30 vehicles ment to existing and Serves 2 Preserves proposed grant. Ex- 3b) Vehicle underpass with $ 250 ,000- isting grant funds 0 Eliminates road across 0 Cost road to handicapped $ 300 ,000 $70 ,000 for handi- grassy slope above pond parking plus de- capped parking in 0 Traffic re-route during sign, en- pond area, proposed Low elevation-requires construction gineering grant requests minimal trail to pond * Drainage problems & possible $50 ,000 for parking perimeter trail CEQA costs on Russian Ridge OSP 0 Tree removal, major grading 4a) Road access off Alpine, $ 90 ,000 0 Safe access to Ranch Area * Road visibility from Pond around pond to connect 0 Eliminates service access 0 Major grading with road to Ranch off Skyline Boulevard 0 Width of road (20-plus 0 Whole Access parking close feet in places) to Pond 0 Dust, noise 4b) Parking behind Ranch $ 15 ,000 0 Weekend use restrictions buildings Permit only 5) Status Quo -0- Would require amend- No environmental damage Hazard to people crossing 'Do nothing' ments to existing Skyline from intersection and proposed grants. pullout Could jeopardize 0 No whole access at Alpine existing grant and Lake or ranch area application (Whole access could be focused at Horseshoe Lake , but not as nice a natural experience. ) Estimated Alternative Cost CLAIMS No.86-20 ' Meeting 86-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Oct. 22, 1986 C L A I M S Amount Name Description 9122 201 .92 Adia Services, Inc. Temporary Office Help 9123 2,565.59 Ervin Alves Union Oil Jobber Fuel for District Vehicles 9124 13.20 AmeriGas Tank Rental 9125 53.40 ANR Freight System Delivery Expense 9126 96. 17 AT&T Information Systems Group Telephone Rental 9127 399.02 Bay Microfilm, Inc. Machine Repair and Supplies 9128 1 ,920.00 Brauer Grading Road Grading--Los Gatos Creek Park 9129 80.00 California Park & Recreation Annual Membership Society, Inc. 9130 436.43 California Water Service Company Water Service 9131 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9132 94.98 Clark's Auto Parts Parts for District Vehicles 9133 230.98 Communications Research Company Radio Maintenance and Repairs 9134 22.63 Crest Copies, Inc. Bluelines and Drafting Materials k 9135 1 ,780.00 Davey Tree Surgery Company Tree Trimming 9136 141 .78 The Dark Room Prints for Los Gatos Event v 9137 500.00 Deloitte, Haskins & Sells Final Payment for Audit C 9138 60.24 Emergency Vehicle Systems Radio Parts 9139 140.00 Employment Development Department Unemployment insurance Benefit Charges 9140 21 .20 Federal Express Corporation Express Mai ) 9141 28.56 Jean Fiddes Reimbursement--Meal Conference s 9142 60.00 First American Title Company Reconveyance Fees--Lovell 9143 400,000.00 Founders Title Company Land Purchase--Zand/Kamanger 9144 350.00 Raye Girouard Patrol Services--October { 9145 90.00 Mary Gundert Reimbursement--Conference Registration 9146 44.O1 Hubbard & Johnson Field Supplies 9147 30.00 Matthew Ken Reimbursement--Training Materials . 9148 289.65 Lawrence Tire Service, Inc. Tires for District Vehicle 9149 591 .75 Los Altos Garbage Company Dumster Rental 9150 251 .80 Minton's Lumber & Supply Field Supplies 9151 414.47 Miracle Auto Painting Repairs on District Vehicles 9152 74.25 Mon Cheri Rentals for Docent/Staff Recognition Event 9153 423. 15 Northern Hydraulics, Inc. Field Equipment 9154 153.95 Stanley Norton August and September Expenses 9155 495.49 Orchard Supply Hardware Field Supplies i t 4 { CLAIMS No. 86-20 V Meeting: 86-24 j Date: Oct. 22, 1986 s Amount Name Description 9156 150.77 Pacific Bell Telephone Service 9157 200.53 Pacific Gas and Electric Company Utilities 9158 4.82 Rancho Hardware Field Supplies 9159 419.70 Real Estate Data, Inc. Microfiche Lease 9160 190.00 County of Santa Clara Radio Dispatch Service General Services Agency 9161 3,699.36 County of Santa Clara Adult Probation Workers--Los Gatos- . Pedro R. Silva, Probation Officer Flume Project 9162 1 ;010.40 Signs of the Times Signs 9163 400.00 Rick Skierka, Licensed Land Survey Work--Zand Surveyor 9164 33.99 Skyline County Water District Water Service 9165 5,911 .00 Stewart Title of California Title Insurance--Peters F 9166 3,757.00 Edward A. Tunheim, Consulting Forester Services--El Corte de Madera i Forester 9167 218.98 Typothetae All-Site Brochure Typesetting 9168 800.00 United States Postmaster Postage 9169 66.18 Unocal Fuel for District Vehicles 9170 486.00 Urban Accessories, Inc. Bicycle Racks 9171 56.70 Sandy Voorhees Private Vehicle Expense 9172 200.63 The Workingman's Emporium Uniform Expense 9173 446. 12 Xerox Corporation Maintenance Agreement 9174 218.70 Yardbdird Equipment Sales Field Equipment 9175 334. 18 ZZZ Sanitation Company Sanitation Services 9176 1 ,095,000.00 First American Title Insurance Land Purchase--Hosking Company 9177 350.00 B. J. Rickard Relocation Payment R-86-97 (Meeting 86-27 October 22 , 1986) AW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 17 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Proposed Addition to El Corte de;Mad4eira Creek Open Space Preserve (Lands of Hosking) Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement for Transfer of Interest in Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Corte de Madera Creek Open Space Preserve - Alan Hosking Property) . I further recommend that you tentatively adopt the interim Use and Manage- ment Plan recommendations contained in this report, including naming the property as an addition to the El Corte de Madera Creek Open Space Preserve, and indicate your intention to dedicate the property as public open space. Introduction: At your meeting of August 15 , 1985 you approved the "Master Agreement for Transfer of Interests on Real Property" with Alan Hosking Ranch, Inc. (see Report R-85-42 of August 13, 1985) . In accordance with that agreement, the District acquired the 595 acre El Corte de Madera Creek Open Space Preserve on September 5 , 1985. In addition, the Dis- trict was granted an option to acquire an additional 2 ,075 acres of land, with- the first option decision to be made on August 14 , 1989 . The Dis- trict was also required to make annual option payments, with the first payment of $300 ,000 made on August 15, 1986 (see Memorandum M-86-20 , dated February 19 , 1986) . The District now has the opportunity to acquire several additional acres of the overall Hosking holdings which were specifically excluded from the original agreement as well as to accelerate title trans- fer of the 2075 acre option areas. In this way, the District is able to assume control of the entire property (except for 74 acres) to protect the natural resources and allow public access without compromising the advantages of the purchase terms under the existing option agreement. For purposes of this report, and in reference to the attached map, the following property areas are discussed in detail: 1. Parcel A and B (595 acres) : The existing El Corte de Madera Creek Open Space Preserve acquired on September 5 , 1985 and discussed in detail in report R-85-42. 2. Parcel 1 (1187 acres) : This is the option parcel that was to be con- sidered for acquisition by the District in 1989. Under the new agree- ment this parcel is designated as Parcel 1-A (300 acres) and Parcel 1-B (887 acres) with title transferring in 1986 . R-86-97 Page two 3 . Parcel 2 (889 acres) : This is the option parcel that was to be con- sidered for acquisition on behalf of the District in 1992. Under the new agreement title would transfer in 1986 . 4 . Parcel 2A (4. 7 acres) : This parcel was not included in the original agreement but would now be included in the overall acquisition with title transferring in 1986. 5. Parcel C (110 acres) : This parcel was not included in the original agreement, except that the District received a trail and other easement and restrictive rights as part of the purchase of the adja- cent lands. Under the new agreement this parcel is designated as Parcel C-1 (36 acres) and Parcel C-2 (74 acres) , with the District acquiring Parcel C-1 and additional restrictions over Parcel C-2 . 6. Life Estate (5. 7 acres) : Under the original agreement, Hosking retained life interest in this parcel. Under the new agreement, the life estate would be quitclaimed to the District and thereby extinguished. 7. Barn Area (5 acres) : Under the original agreement, Hosking retained a lease on the Barn Area for approximately 17 years. Under the new agreement Hosking would relinquish the Barn Area on August 15, 1989. 8. Bear Gulch Road Area (6 acres) : Under the original agreement Hosking retained the right to develop 3 homesites in this area on a total of 6 acres, utilizing adjacent District land for density calculations. Under the new agreement, no land or development rights would be retained by Hosking in this area. A. Description of Site A general physical description of the entire property was included in report R-85-42. The following description concentrates on the portions of the property being acquired at this time , namely Parcel 1 (Parcel 1-A and 1B) , 2 (including the Barn Area and Bear Gulch Road Area) , Parcel 2-A, Parcel C-1 and the Life Estate Area. 1. Size, Location and Boundaries The proposed addition totals 2 ,117 acres of additional area plus release of the life estate parcel. The property is located within unincorporated San Mateo County west of Skyline Boulevard. Public roads border the property on two sides : Skyline Boulevard and Bear Gulch Road to the north and east, and Star Hill Road to the west. Large private ranches adjoin the southern and western boundaries. The District' s El Corte de Madera Creek Open Space Preserve is located immediately north of Parcel 1 and west of Parcel C. Parcel C-1 is 36 acres in size and is located west of Skyline Boulevard, slightly north of the CalTrans rest area known as Skeggs Point. This parcel includes the easement road which has been the main public entrance to the existing El Corte de Madera Creek Preserve with the southern side of the easement road making up the boundary of parcel C-1. The existing El Corte de Madera Preserve adjoins this parcel to the west. The only remaining Hosking holding, parcel C-2 , adjoins this parcel to the south. Parcel 1 is made up of two subunits : Parcel 1-A and 1-B. Parcel 1-A is 300 acres in size and 1-B is 887 acres. Parcel 1 is bounded by Star Hill Road to the west, El Corte de Madera Preserve to the north, Parcel 2 to the east, and private property to the south. A small portion of parcel 1-A is located west of Star Hill Road, R-86-97 Page three north of Native Sons Road. Parcel 2 includes the 5 acre Barn Area, the 6 acre Bear Gulch Road Area. Total acreage on parcel 2 is 889 acres. Parcel 2 comprises the southeastern portion of the Ranch and is bounded by Skyline Boulevard and Bear Gulch Road to the north and east and parcel 1-B to the south. Parcel 2-A is located on Bear Gulch Road near the junction of Allen Road and contains 4. 7 acres. The Life Estate is a 5 . 7 acre parcel located west of and fronting on Star Hill Road, immediately west of the El Corte de Madera Creek Preserve. Several private homes are west of the life estate. 2. Topography, Geology and Natural Resources The Alan Hosking Ranch property along with the existing El Corte de Madera Creek Preserve make up nearly all of the upper El Corte de Madera Creek watershed. El Corte de Madera Creek parallels Star Hill Road and drains the Preserve and eastern part of the property. It is joined by an unnamed tributary which drains the eastern area of the property. Both of these creeks are perennial streams, flowing year round. A number of smaller intermittent streams drain the side canyons on the property. Three primary ridge systems are found on the property. The ridges generally project in a north/south direction, two of which bound the property to the east and west. The easterly-most ridge is developed with Skyline Boulevard, the westerly ridge with Star Hill Road. The central ridge bisects parcels 1 and 2 and is bracketed by the canyons of El Corte de Madera Creek and the unnamed perennial tributary. The property ranges in elevation from 760 feet where El Corte de Madera Creek exits the property in the southwestern corner, to 2300 feet at the entrance to parcel C-1 from Skyline Boulevard. Two major geologic units occur on the site: Butano sandstone and Lambert shale. These units are characterisitic of the Santa Cruz Mountains west of the San Andreas Fault. Butano sand- stone comprises the majority of the site , with the Lambert shale underlying Parcel C-1. Several large rock outcroppings on the portion of parcel 1-A located north of Native Sons Road have weathered to produce the honeycombed formation similar to the area known as sandstone caves on the El Corte de Madera Creek Preserve. The property is located in a zone of moderate to moderately high landslide susceptibility. Generally, steeper slopes are more prone to landsliding. Several large and small slides are located on the slopes of the canyons and ravines , particularly in the southern portion of the site. A road in the eastern portion of the property is impassable to vehicular traffic as a result of a landslide . Soils on the property are generally well drained loams and sandy loams. Soil depths range from 30 to 60 inches deep over a bed- rock of sandstone. Runoff is considered rapid because of the steep slopes, but because of the dense vegetation cover, not considered a problem. Annual rainfall in the area ranges between 20 and 60 inches. l R-86-97 Page three north of Native Sons Road. Pa f ............... i i R-86-97 Page four much of the property is vegetated with coniferous forest, dominated by redwood and Douglas fir trees. The ridge crests tend to con- tain more Douglas fir trees intermixed with tanoak and madrone with a brushy understory of huckleberry, manzanita, coyote brush, and poison oak. In the lower elevations, redwood predominates with varying amounts of Douglas fir, madrone, tanoak, and big leaf maple trees. The understory in the lower areas includes blue blossom, sword fern, and a variety of other herbs and grasses. There are a few areas where old growth trees , both redwoods and Douglas fir, have not been logged. One such grove contains about fi ve large e redwoods and is located on Star Hill Road within g Parcel 1-B. Wildlife activity on the property centers on the creeks which pro- vide breeding sites for the amphibians and a year-around cool moist atmosphere. The streams also support fish life including steelhead trout and stickleback (a small non-game fish common in coastal streams) . The suitability of the creeks for steel- head spawning is reduced by the debris of old logging activities and by the high silt load carried by the creeks. Many birds live on the site, including the red-tailed hawk. 3 . Cultural History History of the property dates back to the time of the Coastal Indians. An Indian site has been identified along Star Hill Road by the presence of shell fragments and darkened soil known as "midden" . The area was logged before the turn of the century, and in fact played an important historic role in timber production in San Mateo County. Sawmills and shingle factories dotted the property when first growth redwood and Douglas fir was harvested. All of these sawmill structures have been destroyed or removed from the property; however, some collapsed wooden structures and plank bridges are reported to remain, as well as building foundations . Logging of the second growth trees began in the mid-1960 ' s , con- tinuing to the present. This is a selective cut operation which removes the larger trees. A cable logging operation, uncommon to this area of the state is currently operating in the center of the property. This type of logging uses a series of cables to remove logs from the steep side slopes. B. Planning Considerations The entire property is within the Timber Production Zone (TPZ) of j San Mateo County, and a Timber Management Plan was approved for this site by the San Mateo County Planning Commission in 1977 . Inclusion of the majority of the property as TPZ provides a number of restric- tions on use. Primary among these are limitations in residential use (one unit per 5-40 acres depending on the Resource Management District limits) and subdivision (division into parcels less than 160 acres is generally not allowed) . The TPZ designation directs the landowner to recognize that the long-term primary use of the lands will be for the growing and harvesting of trees. San Mateo County regulations allow long-term timber harvesting on a 10-year cutting cycle . The northeasterly portion of the site (parcels C-1 and 2) falls within the County' s Skyline Scenic Corridor, designed to protect the natural R-86-97 Page five integrity of the Skyline Ridge. The southwestern portion of the property lies within the Coastal Zone. The coastal zone designation affects parcels 1-A and 1-B, a total of 210 acres. In July 1986 , subsequent to the District' s acquisition of 595 acres , the San Mateo County Planning Commission approved the amended Concept Plan for Kingswood Ranch, the development proposal name for the property. The amen ded­­pIan-Yre-a-u-c-6-6 the number of proposed dwelling units from 103 as contained in the plan approved by the County in 1985 , to 79 . The amended plan breaks the development into three phases : phase 1 calls for 10 single family homes in the Bear Gulch area and Sierra Morena ridge area; phase 2 includes 20 single family homes and 20 cluster homes along Skyline Boulevard in parcels 2 and C-2 , and phase 3 which identifies 29 cluster homes in the southeastern corner of parcel 2. Of the 79 units , the District will receive development rights to all but four of the units proposed as a part of the entire plan. Those units could only be built within the "development envelope" on parcel C-2. The property received a variety of ratings for open space value on the District' s Master Plan, ranging from high along Skyline Boulevard in the eastern portion of parcel 2 to moderate along the creek corri- dors and low in the steeper, more remote areas of the property. The San Mateo County Trail Plan shows no trails proposed through the area. C. Current Use and Development 1. Timber Production The property is considered to be prime commercial timberland; timber harvesting has occurred here off and on since the late 18001s. At the present time, Big Creek Lumber Company is harves- ting timber in the central part of the property. Due to steepness of the terrain in the area, Big Creek Lumber has subcontracted the work to a cable logging operation originally from Oregon. All tree felling is complete and efforts are going forward removing the downed logs and cleaning up the area in preparation of winter rains. Haul-out of the timber is via the central ridge to Skyline Boulevard and along the southernmost road to Bear Gulch Road. Logging is complete along the Star Hill Road section of Parcel 1-B; clean-up of the area including winterization of the roads system is also complete. A field audit and office audit is being conducted to determine the status of the logging operation. It appears that the 4-1/2 million board feet of timber, an amount of timber necessary to make the $200, 000 Federal Land Bank payment, has been cut. 2. Access Patrol access to' the property is possible from a number of roads entering from Star Hill Road , Skyline Boulevard, and Bear Gulch Road. The roads have recently been gated with District-style pipe gates, but additional fencing to block unauthorized vehicular access is needed in conjunction with some of the gates. A total of eight gates have been installed: three along Star Hill Road , three along Skyline Boulevard, and two along Bear Gulch Road. Public access to the northern part of the subject property is from the CalTrans scenic view area at Skeggs Point. The entry road to the existing El Corte de Madera Creek Preserve is located approximately 200 feet north of Skeggs Point. There is also the R-86-97 Page six potential for public parking in the barn area or adjacent corpora- tion yard. A graded area south of the barn area has been graded and could accommodate 10 to 15 cars at the present time. 3. Roads Along with the logging history of this property comes a legacy of logging roads. Approximately 30 miles of temporary and permanent logging roads exist on the entire Hosking Property, forming a net- work throughout the property. Many of these are dead-end spurs off the main roads, but discounting the spurs , there are still at least eleven miles of through roads on the property. All of the roads are dirt; some of the roads have been "winterized" following the logging activities in the area, meaning the placement of water bars and closure of the roads to logging traffic. The primary road through the property begins at Skyline Boulevard, one-quarter mile north of the barn area. The road follows the unnamed tributary of El Corte de Madera Creek southwesterly across the property fora distance of approximately2.5 miles. At this point the road forks 9,outherly to join a road which parallels the southern boundary of the property and, following it easterly, exits the property on Bear Gulch Road. It is along this horseshoe shaped loop that the majority of the logging operations are still underway. Both ends of this road are being used for hauling the timber off the site. A second road cuts the "horseshoe" made by the above-mentioned road system in half by forking from the first section of road and exiting the ,property along Bear Gulch Road at the intersection of Bear Gulch Road and Allen Road. This road is said to be passable to walkers but impassable to vehicles at this time due to a downed tree and landslide. A short section of road entering the property from Star Hill Road at the extreme southwestern corner of the property connects with this road system, but it too is impassable to vehicles due to the washout of a bridge, a span of approximately 70 feet. The Road system in the northern part of the property complements the existing El Corte de Madera Creek Preserve . Beginning at the main entrance north of Skeggs Point, the road continues through Parcel C-1, enters the existing Preserve , and follows the easterly boundary of the Preserve in a southerly direction cutting south- westerly to exit - the property at Star Hill Road. Rights to use the first section of this road entering the property from Skyline Boulevard were originally in the form of an easement. The District would now be receiving fee title to the road and adjacent land to the north. 4. Improvements The main improvement on the property being considered is located on Parcel 2 in the area identified as the "Barn Area" . The barn area consists of a 4-unit apartment complex (a converted barn) and several outbuildings. The District is entitled to occupy one unit in the apartment complex as a Ranger or caretaker resi- dence as part of the acquisition of the El Corte de Madera '.Creek Preserve. A Ranger for the California Department of Fish and Game has been living in the unit since January, 1986 acting as a caretaker and helping the District Ranger staff in patrol of the property. While the District would receive title to the 5 acre barn area at this time, it would be leased back to the seller until July 1989 . The District would retain use of the apartment unit for a caretaker or Ranger. R-86-97 Page seven Immediately north of the barn building complex is a large flattened area which has served as a corporation yard for the ranch. The corporation yard covers several acres and contains primarily vehicles and milled logs. The area is to be cleaned up by the seller prior to June 30 , 1987 . The knoll north of the corporation yard is serving as a loggers ' camp for the logging crews still working on the property. Approximately 8 to 10 trailers and assorted vehicles make up the loggers camp. A request has been made to allow some of the loggers to remain through the remainder of the clean-up operations on the logged areas . Several flat railroad car bridges similar to those on Purisima Creek Redwoods Preserve exist on the property. Parcel 2-A at the intersection of Allen Road and Bear Gulch Road is developed with a well. A small dump, including a boat and vehicle , is located on this parcel, which will require some minor clean-up. The life estate area is developed with a crude horse riding ring. D. Potential Use and Management Due to the continuing logging operation on the property, the site will initially be restricted to public access on a permit basis only. The heavy equipment used in logging and presence of logging trucks on the road system within the property poses a potential hazard to unsuspec- ting visitors. By monitoring the logging operation and public access , the two uses can be coordinated to eliminate potential conflicts. The primary staging area for the property could be located in the area of the barn building. At the present time , the District can develop permit parking in a flattened spot located along the southern side of the building. This area can accommodate 10 to 15 cars (with the District having the right to develop parking for up to 25 cars) in its present state with some additional signing and minor fencing work. The potential for additional parking also exists nearby once the corporation yard is cleaned up. With the removal of all vehicles and wood piles , an area large enough to develop a staging area for automobiles and equestrians could be implemented. Trail connections both within the property and with adjacent or nearby parks or preserves make this an attractive acquisition. The property is within easy walking distance of the California Hiking and Riding Trail which is parallel to the east of Skyline Boulevard. This trail extends 20 miles from San Bruno to Portola Valley, connecting with two San Mateo County parks, Huddart Park north of the site and Wunderlich Park on the south. When the trail is extended farther south at some future date to Sam McDonald, Memorial, and Pescadero Creek County Parks , the site would become part of that system. The District' s 2511 acre Purisima Creek Redwoods Open Space Preserve is located approximately one-quarter mile to the north of the property and is separated by private lands. Directly across from the property east of Skyline Boulevard are 1200 acres of watershed lands owned by the California Water Service Company. R-86-97 Page eight A variety of trail experiences are also available beginning from the barn area. One potential loop trail begins from the barn area, follows the unnamed tributary of El Corte de Madera Creek in a south- westerly direction, eventually changing its course to move in a 'easterly direction until reaching Bear Gulch Road. The hiker then could follow Bear Gulch Road for a short distance catching a second road back to the barn area , a loop trail of approximately 8. 5 miles. Shorter hikes are also possible, both loops and out-and-back hikes. E. Interim Use and Management Recommendations The Interim Use and Management recommendations contained in the ori- ginal Hosking property purchase report (R-85-42) , pp. 12 and 13 represent a status quo plan for the site with the intent that a more in-depth plan be prepared at the time an Initial Use and Manage- ment Plan was done. This plan is not scheduled to be commenced until October 1987 , and with this in mind, the interim recommenda- tions in this report will continue to reflect status quo management with the emphasis on curtailing illegal activities on the new areas through appropriate signing, gating, fencing and patrol. In addition, basic protection of the resources will be carried out by utilizing on-site resident personnel and a forester under contract as well as regular Ranger patrol. The site will be open to the general pub- lic but under tight control. In the initial acquisition report for this Preserve, a new Ranger was recommended for hire along with acquisition of a new vehicle with the necessary ancillary equipment. The Ranger was hired and the truck acquired at the end of last fiscal year. In addition, to the extent possible, the site was secured and the sandstone formation protected. The motorcycles have been ousted from the property, but some continued heavy handed road grading and major tree and firewood cutting has occurred on or adjacent to lands on which the District has fee or option rights. Logging has occurred under con- tract as stipulated in the original agreement. The forester under contract to the District is of the opinion that the work has been done under the proper guidelines and in the appropriate manner and scale (see letter attached from Edward Tunheim, dated October 7 , 1986) . The current year' s logging plan is nearly complete with final restoration work underway in the Bear Gulch area on Parcel 2. Eight gates made to District specifications were installed on the option parcel boundaries adjoining Skyline Boulevard, Star Hill Road and Bear Gulch Road by Alan Hosking. The proposed Interim Use and Management recommendations for the par- cels the District is receiving in fee title are as follows : 1. The new acquisition areas will be open to the public by permit only. This is due to the ongoing logging operations and lack of available parking. The public will be directed to park near the barn area as provided under the new agreement or at the existing parking area at Skeggs Point. Appropriate signing will be installed at all new entries. Funds in the amount of $800 are available in the 1986-1987 budget. 2. The forester currently under contract to the District will be directed to prepare a District timber management plan and oversee the continuing logging operations on Parcels 1 and 2 as required under the Purchase Agreement. R-86-97 Page nine 3 . The large amount of materials which remain on site on the knoll to the north of the 5 acre barn area will be removed by the current owner on or before June 30 , 1987 . Once the material has been removed, staff will determine if any further work needs to be done and then restore the knoll to a natural area by regrading and/or reseeding. These costs would be chargeable back to Hosking under the Agreement. 4. Preserve boundary signing will be installed on all property boundaries. Funding in the amount of $100 is available in the 1986-1987 budget. 5 . The Ranger residency plan should be amended to include the installation of a Ranger in the barn apartment unit which the District is currently renting to a State Fish and Game officer. The Fish and Game officer who had been assisting the District with site surveillance is in the process of moving out of the area. 6. The Open Space Management Staffing Plan proposes the hiring of a Ranger later in the current fiscal year. With the addition of the added 2100 acres in this purchase , this Ranger position should be accelerated for immediate hire. F. Terms Overview On August 15 , 1985 the District entered into a Master Agreement covering most of the 2, 800 acre Hosking Ranch, Inc. holding lying west of Skyline Boulevard between Bear Gulch Road and Star Hill Road. The District acquired 595 acres at that time and also obtained an option to purchase an additional 2 ,076 acres over the next 17 years. If the District and Hosking had followed that agreement precisely, title to the entire 2 ,076 acres would have transferred to the Dis- trict in 1989 . Several areas of the property were not covered under that agreement. In reference to the map attached to this report, Hosking would have retained: Theresa' s lot, the life estate, parcels C-1 and C-2 , parcel 2-A, the Bear Gulch Road area and a 17 year lease on the barn area. During the past year, lack of concentrated management efforts of the area optioned under the original agreement has been a major con- cern to District staff. Also, most of the areas that Hosking retained continue to be of interest to the District. As a result of staff negotiation efforts, the District now has an opportunity to: 1) modify the original agreement, 2) take title to all of the property immediately in order to assert management responsibility, and 3) acquire additional land rights of interest to the District. Land Rights Comparison The agreement before you, entitled "Agreement for Transfer of Interests in Real Property" , accomplishes the District' s goals relative to the remainder of the Hosking land holdings and includes the acquisition of a total of 2,117 additional acres of land as follows : R-86-97 Page ten Original Agreement Proposed Agreement 1. Life Estate Area (5 . 7 acres) Hosking retains the Life Estate Life Estate area is relinquished to area for 50 years District at close of escrow. 2. Parcel C (110 acres) This area is retained by Hosking Parcel C-1 (36 acres) is conveyed with a development density of 5 to District, Hosking retains parcel residential sites (development C-1 (74 acres) with a development envelope and open space restric- density of 4 residentail sites (de- tions to be recorded in 1989) velopment and conservation restric- tions to be recorded against parcel C-2 at close of escrow) . 3 . Parcel 1 (1187 acres) This parcel was to be retained by Parcel 1-A (300 acres) to be conveyed Hosking until 1989 when District to District at close , free of any makes decision under option future decision criteria. Parcel 1-B whether or not to acquire (887 acres) to be conveyed to District at close of escrow, subject to defeasance in 1989 . 4. Parcel 2 (889 acres) To be retained by Hosking until To be conveyed to District at 1989 when District makes decision close of escrow, subject to whether to acquire parcel 1. If de- defeasance in 1995 . cision is affirmative, then parcel 2 also deed to District in 1989 , subject to defeasance in 1995. 5. Parcel 2-A (4. 7 acres) Not included in the original Would be deeded to the District at agreement. close, subject to defeasance in 1995 . 6. Bear Gulch Road Area (6 acres) If the District exercises all Hosking would retain no rights in the options, Hosking retains the right Bear Gulch Road area IF the District to subdivide 3 residentaal lots on exercised all of its options under a total of 6 acres (utilizing the agreement. District land as necessary for density calculation) . 7. Barn Area (5 acres) In 1989 , if the District proceeded The lease would commence at close of with the acquisition of parcel 1 escrow and would terminate in 1989 if Hosking would continue to lease the District exercised its defeasance the Barn Area (at no cost) until option. Includes immediate additional 2005. Additional provisions provisions for the 25-car public included a 25-car parking area. parking area. The "free" Ranger In 1989 a "free" Ranger apartment apartment would continue, and a but no relocation provisions for $25 ,000 tenant relocation fund would the tenants. be set up in 1989 . 1 R-86-97 Page eleven Original Agreement (cont. ) Proposed Agreement (cont. ) 8 . Corporation Yard (3 acres) Area to be cleaned up by June 30 , No provisions were made for 1987 , with provision for a $25 ,000 clean-up. clean-up fund if not done to District specifications. During the interim, Hosking would co-insure the District in this area. 9 . Timbering Big Creek Lumber Company was The 4. 5 million board feet of redwood allowed to remove the previously has been removed as well as the tim- purchased 4. 5 million board feet ber necessary to make the Land Bank of redwood. Big Creeek was addi- payments for 1985 and 1986. Hosking tionally to log sufficient timber will conduct an audit to determine to make the annual Land Bank pay- actual timber cut with any residual ment until 1989 . balance to be disbursed to the Dis- trict. District to manage timber harvest plan and operation (utilizing a contracted forester) to make the 1987 and 1988 Land Bank payments. Financial Considerations : The new Agreement provides for an additional cash payment at close of escrow in the amount of $1,195 ,000 for the additional rights being acquired. Although the future payment schedule has been rearranged, the purchase price for the parcels under option remains relatively unchanged. The additional payment amount would come from the 1986 promissory note issue and be charged against the new land purchases budget catetory. Charts will be available at the public meeting which will detail the financial considerations on a comparative basis between the original agreement and the proposed agreement. �� ~may \. - LLIC r � y'' �\\ (. J0•'1 .a��I;� •f�t � .1 , \ \. Theresa s Lot / - \' (3.8 acres) r•r'' �•�', �' + - ,r Private �r » ; �' �•�,, \ __ _� "�: ..�.• \, ' y'7•._ _', � - �.;'c$ Propertyl' c �' \ .• +•+i�.^ a, \ Life Estate 5.7 acres :Q `�\•;: N � Parcel A �. � ,,: (515.45 acres) �' ,A• •�.+` ' /� 00 •«•iw•�..j� '�� eu, ,• � ••, ,vim' ./ ' s���f . . o Parcel 1-A Parcel C-1 300 acres) (36 acres) eve ope( Parcel B °,;: _; Spring (80.0 acres) ti d .Y.•�» / I` r, % 600 ' ' , /`� , Parcel C-2 (74 acres) Road & Trail Easement./ ` �► o /, �,.•, 001, 00.1 Parcel 2 "� Barn .6 acres) Area (888 �/'�--".,l••..•«. 0200/ Corpor anon Yard- (5 acre -� _Parcel 1-B \ .,:., •,» � '�' (887 acres) Bear Gulch.: tI� ls•,..•,.. /—�11 Area � O bye:*¢0 e,^* Parcel 2-A '` ell \. 1600--•. ( , ( tic. l-1 %_ ;its •.; ,:�;� \, '-\ / � -•,-.. � �1 Smle 1" = 1500' • � , �' �,\` • \%� .\� ,•- �� „�" mac. w J hV RESOLUTION NO. 86-61 , RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT FOR TRANS- FER OF INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE - ALAN HOSKING 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 and approve that certain Agreement for Transfer of Interests in Real Property between The Alan Hosking Ranch, Inc. , (and Alan Hosking), 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 and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appro- priate 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 and approval of agreement to sellers. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $20 ,000 to cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this transaction. Section Five. The sum of $1 ,195 ,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. IDWARD A. TUNHEI ONSULTING FORESTER , October 7, 1986 David Hansen Midpeninsula Regional Open Space District Old Mill Office Center Building C Suite 135 201 San Antonio Circle Mountain View CA 94040 RE: Hosking Ranch Dear David: We have been reviewing and evaluating the logging activity on the Hosking Ranch. The areas specifically evaluated are those logged in 1986, which are in the District 's Option Parcels I and 2. These activities are further designated by the logging plan numbers: 5-85-4 SMO to the east of Star Hill Road 5-85-16 SMO generally between El Corte de Madera Creek on the west and the south fork of El Corte de Madera Creek 1-86-305 SMO west of Bear Gulch Road and along the property's southern boundary. Timber Harvest Plan 5-85-4 SMO was proposed for a total of 153 acres. The logging in this area was completed in the summer of 1986; most of the 153 acres were covered. Erosion measures have been completed: the landings have been bladed off, temporary cul- verts removed and large water bars installed in the roads. The skid trails have had slash spread on them and water bars installed where necessary. The residual timber stand meets state stocking requirements. The items not completed by the timber operator are: lopping the slash and maintenance of the erosion control measures through the first winter. It appears that the operator did a good job and has met state logging requirements. In the short term there are two items that should be done by the operator or the landowner. The operator will probably be seeding the bare soil along the roads. If this is not done to the extent necessary for visual improvement, the landowner should do additional seedling. The access to the logging roads off Star Hill Road should be controlled. The existing cable gate should be kept locked and additional barriers installed and maintained to control 123 Green Street * Santa Cruz, CA 95060 0 (408) 426-6415 MROSD/ Hoskings Ranch Evaluation Page 2 Oct . 7, 1986 vehicle access when the roads are wet . Timber Harvest Plan 5-85-16 SMO was planned for 379 acres of logging. This plan includes both cable and tractor logging. The western portion of this plan, about 90 acres, was logged in 1985 . In general, this area was finished. The area made it through the winter with some damage, but the erosion control work held up. The erosion control measures must be evaluated to see if they will need attention prior to another winter. This area will need some permanent culverts and some road work to make the roads usable in the future. About 100 acres in the eastern portion of this plan was logged in 1986 and active logging is still going on. Last week, the operator was working on erosion control, removing temporary crossings, and cleaning up non-forest debris. The main haul road is in good shape; it is draining well , has a lot of rock in its composition and will hold up for trucking well after October 15. The logging is anticipated to continue until shut down by excessive rain. The lopping and burning will be done in the winter. None of the areas of this year' s logging is completely finished. The plan will require maintenance of erosion control facilities through this winter. Timber Harvest Plan 1-86-205 SMO was proposed for 464 acres and was started in the fall of 1986. The logging, in about 115 acres of the eastern portion of this plan is completed. The logs have been removed, erosion control measures done and the lopping has begun. The main road has had water bars built into its surface, so with only minor grading, they will be functional . Upon last inspection, the road sidecast hadn't been seeded, the french drain completed or temporary crossing removed. This operation looks good and appears to meet state requirements. The logging is continuing but only in small areas so that it can be rapidly closed down and cleaned up. Erosion contol measures will require maintenance the first winter; consequently, none of this plan is completely finished. The preceeding brief summary is to bring you and Craig Britton up to date with the status of the logging. This is a time of tran- sition on a logging operation. As we move into the winter period the erosion control measures will be completed, clean-up finished and logging wrapped up. There are some items that need attention by the landowner: 1. Gates should be maintained and closed when possible to control vehicle trespass. Note: there is increasing MROSD/Hosking Ranch Evaluation Page 3 Oct . 7, 1986 motorcycle trespass. 2 .Areas of bare soil not seeded by the operator should be seeded. 3 .Small openings created by the logging should be planted with trees . Note: Big Creek Lumber Company has agreed to plant 3,000 redwood trees this winter and split the cost with the district (it will cost the district about $600) . In the long run, to keep the roads open for management activities , firefighting access, and district access, the following things should be done: 1. Install culverts and downspouts where necessary 2 . Open roads of slides and clear slash 3 . Maintian water bars and culverts 4. Install and maintain gates 5. Some old roads not used in this current logging should also be opened and maintained. During the course of the inspections , an Indian site was found: also two large log jams. These have been mapped and will be forwarded under separate cover. Sincerely, Edwarn. eim RPF #79 cc Craig Britten enc dht i i I COPIES OF ALL OTHER DOCUMENTS PERTAINING TO THE ACQUISITION ARE AVAILABLE FOR PUBLIC INSPECTION AT THE DISTRICT OFFICE. i '! R-86-97 Revised A (Meeting 86-27) October 22, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Recapitulation of Hosking Transaction as Follows: 1. Recap of Current Transaction 2. Master Agreement for Transfer of Interests in Real Property, dated August 15, 1985 3. Agreement for Transfer of iriterests in Real Property under Consideration, October 22 , 1986 RECAP OF CURRENT TRANSACTION (1) Land interests to be received at close of escrow (a) abandonment of life estate (5. 7 acres) (b) fee title to Parcel C-1 (36 acres) , including one dwelling unit (c) fee title to Parcel 1-A (300 acres) not subject to defeasance (d) continued free Ranger (caretaker) rental unit in barn area (e) immediate availability of 25-car parking area in barn area (f) development restrictions and conservation easement over Parcel C-2 (74 acres) (2) Land rights to be received at close of escrow subject to defeasance (a) Parcel 1-B (887 acres) with final acquisition decision to be made on or before 8/15/89 (b) Parcel 2 (989 acres) and Parcel 2-A (4. 7 acres) with final acquisition decision to be made cn or before 8/15/95 (c} abandonment of Bear Gulch Road Area (6 acres) 3-lot density (3) Miscellaneous rights and reservations (a) cessation of barn area lease on 8/15/89 if District affirmatively retains Parcel 1-B (b) $25, 000 relocation fund made available by Hosking in 1989 for any tenants who qualify when barn area is abandoned (c) $25, 000 clean-up credit available for Corporation Yard after 6/30/87, to be deducted from 8/15/87 defeasance payment (4) Financial recap--pa;rabl.e at close of escrow Purchase Price $1 ,500 ,000 Less: option payment made 8/15/86 300,000 roa'a repair credit 5,000 BA.--NCE DUE $1,195,000 Pay-able as -=oilo-*s : cash: at close of escrow $ 850 ,000 defeasance payment 345 ,000 $1 ,195 ,000 i MASTER AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY Dated August 15 . 19$5 Option Payments Amount Credits 9/15186 $ 300,000 paid (Parcel 1) $100 000 (cash) 9/15/87 350,000 , not paid (Parcel 1) 50,000 (notes) 9/15/88 400,000 not paid None TOTAL $1 ►050,000 $150,000 I Option Price Cash + Notes = Total Parcel 1 (1187 acres) $1,125,000 $4,500,000 $ 5,625,000 Credit 1986 Option Payzment 100,000 Q 100,000 Credit 1987 Option Payment 50 ,000 50,000 TOTAL PARCEL 1 $1,025,000 $40450,000 $. 5,475,000 Parcel 2 (989 acres) * $1,220,000 $40880 000 $ 6,100,000 GRAND TOTAL $11 ,575,000 * Assumes 6/15/89 exercise, otherwise price escalates at 6% simple interest (�% per month of 'he original purchase price) , until 8/15/95 when final defeasance decision is to be made by District. i I AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY UNDER CONSIDERATION 10/22/86 Defeasance Payments Amount Credits (d) At Close $ 345,000 (a) (Parcel 1-B) $ 345,000 8/15/87 332,500 *(b) (Parcel 2) 332,500 8/15/88 332,500 (c) (Parcel 2) 3321500 TOTAL $1,0101000 . $1,010,000 (a) Reduced from $350,000 to compensate District for the following: road maintenance, $5,000. (b) Reduced from $350, 000 to compensate. District for the following: road maintenance, $5,000; tree removal, $12,500 and includes provision for reduction of up to $25,000 for District clean-up of "Corporation Yard" . (c) Reduced from $350, 000 to compensate District str_ct for th e following: road $ 500 maintenance, $5, 000• tree removal, i ..2 (d) Credits can be applied against cash or notes at District discretion, for purposes of this chart, the full amount is applied against the notes. Defeasance Price Cash + Notes - Total Parcel 1-B (887 acres) * $2,195 , 000 $3,525,600 • $ 5,720,000 Credit from 186 defeasance payment -0- 345 ,000 345 ,000 $2,195 ,000 $3,180,000 $ 5,375,000 Parcel 2 (989 acres) and Parcel 2-A (4. 7 acres) ** $1,885 ,000 $4,880,000 $' 6,765,000 Credit fro-i ' a-, defeasance -0- 332,500 332,500 Credit frc-: 168 defeasance paS--tent -0- 332,500 332,500 $1,885 ,000 $4 ,215,000 $ 6,100,000 Balance of defeasance paynents -0- GRAND TOTAL $11,475,000 * $25 , 000 relocation fund is established for tenent relocation, if any, when barn area lease is abandoned. ** Assumes 8/15/ 89 exercise, otherwise price escalates at $1,000 per day (6% of $6, 100, 000 net cost) until 8/15/95 when final defeasance decision is to be made by District. 8610 . 16 9785H i AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY BETWEEN THE ALAN HOSKING RANCH, INC. AND ALAN HOSKING (AS SELLER) AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (AS BUYER) j I October 17, 1986 i i k a � � . AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY Table of Contents Page l ' DEFINITIONS . ' . . . ' . ' ' . . ' ' . l 1. 1 Property ' ' . ' ' ' , ' . ' ' ' I 1. 2 Parcel A and Parcel B . ' . ' ' . l I. ] Life Estate ' . . . . ' ' ' . ' . l � h 1 ,* Theresa ' s Lot . , . . ' ' ' ' . . 2 � 1 . 5 Grant Deed ' . . . . . . ' ' . . 2 1 . 6 Parcel C . ' , . . . . . ' . . . % 1 . 7 Parcel C Instrument . . ' . ' . . 2 1 .8 Parcel C-1 ' . . . . . . . . . . 2 1. 9 Parcel C-2 , ' ' . ' ' ' . . . , 3 1. 10 Parcel l , ' ' ' ' ' . . ' . . . ] 1 . 11 Parcel l-A . . . . . . . . ' . ' 3 1 . 12 Parcel 1-8 . ' ' . . . . . , . , 3 1 . 13 Parcel 2 . , . . ' . . ' . , . , 4 1 . 14 Option Agreement . . . . , . . . 4 � I . 15 Memorandum of Option . . , . ' . 4 1' 16 Parcel 2-& . . . . . ' ' , . ' . 4 1. 17 Barn Area . . . . . . ' ' ' . . . 4 1 . 18 Bear Gulch Road Area , . . , . . 4 / 2 , PDBCBABB AND BALE ' . . ' ' . . . . ' . 4 2 . 1 Life Estate . , . , . ' , ' ' ' . 4 ' ! 2 .2 Parcel C-1 , . . ' . ' , ' ' ' ' 5 � 3 , 3 Parcel l-A . . ' . ' . . . ' . ' 5 2 .4 Parcel l-B . , ' , . ' ' . ' ' . 5 2 . 5 Parcel 3 and Parcel 2-A . , ' ' ' 5 2 ' 6 Bear Gulch Road Area . . ' ' . . 5 / 2 . 7 Barn Area , ' . ' ' ' ' ' ' . . . 5 | 2 . 8 Grant of Easement for Dgeo Space � on Parcel C-2 . ' ' ' ' . . ' . . 5 � 2 . 9 Dedication of Parking Area . ' ' 5 � � . PURCHASE PRICE AND CONDITIONS OF DEFE&GA0CE . . ' ' , . , ' ' . , ' . ' 6 3 . 1 Allocation of Purchase Price ' . 6 3 . 3 Payment for Life Estate, Parcel C-1, Parcel l-A and Grant of � Easement ' ' . . . , ' ' . ' . . 6 � 3 . 3 Payment for Parcel l-B ' ' . . . 6 | � 3 .4 Payment for Parcel 2 and Parcel | 3-A ' . ' . . . , . ' . . ' ' . ' 8 � � � � � � | , � Page 4 . ADDITIONAL PAYMENTS REQUIRED TO AVOID DEFEASANCE OF PARCELS 1-B, 2 AND 2-A. 10 5 . ESCROW AND CLOSING . . . . . . . . . . 11 5 . 1 Date of Closing . . . . . . . . . 12 5 . 2 Items to be Delivered at the Closing . . . . . . . . . . . . . 12 5 . 3 Closing Costs and Prorations . . 13 5 . 4 Title Insurance Policy . . . . . 13 5 . 5 Escrow Instructions . . . . . . . 14 6 . ESCROWS IN CONNECTION WITH PARCEL 1-B AND PARCELS 2 AND 2-A . 15 6 . 1 Parcel 1-B . . . . . . . . . . 15 6 .2 Parcels 2 and 2-A . . . . . . . . 18 7 . TREATMENT OF ENCUMBRANCES ON PARCEL 1, PARCEL 2 AND PARCEL 2-A . . . . . . . . 20 7 . 1 Federal Land Bank Obligation 20 7 . 2 Herzer Corporation Obligation 21 7 . 3 Defaults on Obligations to Federal Land Bank or Herzer Corporation . . . . . . . . . . . 22 8 . MODIFICATION OF AGREEMENT WITH BIG CREEK LUMBER COMPANY . . . . . . . . . 23 9 . SELLER'S TITLE . . . . . . . . . . . . 24 9 . 1 Burger Option Parcels . . . . . . 24 9 . 2 Consents of Third Parties . . . . 24 10 . INDEMNIFICATION BY SELLER . . . . . . . 25 11 . RIGHTS AND LIABILITIES OF THE PARTIES IN THE EVENT OF TERMINATION . . . . . . 26 12 . SELLER'S REPRESENTATIONS AND WARRANTIES 26 12 . 1 Authority . . . . . . . . . . . . 26 12 . 2 Valid and Binding Agreements . . 26 12 . 3 Good Marketable Title . . . . . . 26 12 . 4 No Undisclosed Leasehold Interests . . . . . . . . . . . . 26 13 . WAIVER OF STATUTORY COMPENSATION . . . 27 14 . MISCELLANEOUS PROVISIONS . . . . . . . 27 14 . 1 Choice of Law . . . . . . . . . . 27 14 . 2 Attorneys ' Fees . . . . . . . . . 27 14 . 3 Amendment and Waiver . . . . . . 27 14 .4 Rights Cumulative . . . . . . . . 28 14 . 5 Notices . . . . . . . . . . . . . 28 I i i Page 14 . 6 Disclaimer of Representations 29 14 . 7 Severability . . . . . . . . . 29 14 . 8 Counterparts . . . . . . . . . . 29 14 . 9 Waiver . . . . . . . . . . . . . . 30 14 . 10 Original Agreement; Exhibits ; Entire Agreement . . . . . . . . 30 14 . 11_ Time of Essence . . . . . . . . . 30 14 . 12 Survival of Covenants , Representations and Warranties 30 14 . 13 Assignment . . . . . . . . . . . 30 14 . 14 Further Documents and Acts . . . 30 14 . 15 Binding on Successors and Assigns . . . . . . . . . . . . . 30 14 . 16 Captions . . . . . . . . . . . 31 14 . 17 Pronoun References . . . . . . . 31 14 . 18 Broker ' s Commission . . . . . . . 31 14 . 19 Like Kind Exchange . . . . . . . 31 14 . 20 Legal Fees . . . . . . . . . . 31 15 . ACCEPTANCE . . . . . . . . . . . . . . 31 iv s j LIST OF EXHIBITS A The Map B Legal Description of Property (Parcels 1-A, 1-B, C-1, C-2 , 2 , 2-A and Life Estate) C-1 Grant- Deed (Parcel 1-B) C-2 Grant Deed (Parcels 2 and 2-A) D "Grant Deed" - Grant Deed, Right of First Refusal and Declaration of Restrictions E "Parcel C Instrument" - Grant of Easements for Public Trail/Riparian Corridor and Ingress and Egress , and Right of First Refusal F Termination of Life Estate and Quitclaim Deed (Life Estate) G Grant Deed (Parcel C-1) H Grant Deed (Parcel 1-A) I-C Form of Secured Promissory Note to be Issued in Connection with Parcel 1-B 10 years - 8� ) I-D Form of Deed of Trust (Parcel 1-B) I-E Form of Secured Promissory Note to be Issued in Connection with Parcels 2 and 2-A ( 10 years - 8%) I-F Form of Deed of Trust (Parcels 2 and 2-A) I-G Barn Area Lease i I-I Preliminary Title Report (Parcel 1) I-J Four Preliminary Title Reports (Parcel 2 and 2-A) I-K Grant of Easement for Open Space (Parcel C-2) I-L Preliminary Title Report (Parcel C-1 and Parcel C-2) v z A AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY This Agreement is made and entered into this 17th day of October, 1986, by and between THE ALAN HOSKING RANCH, INC. , a California corporation ' the "Corporation" ) , and ALAN HOSKING (the foregoing corporation and individual are hereinafter collectively called "Seller" ) , and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District (hereinafter called "District" ) . RECITALS A. Pursuant to a Master Agreement for Transfer of Interests in Real Property dated August 15 , 1985 (the "Original Agreement") , interests in certain real property were transferred by Seller and Theresa Ruth Hosking to District . Said real property is located within an unincorporated area of the County of San Mateo, State of California, as delineated on the map attached hereto as EXHIBIT A (the "Map" ) . B. The parties to this Agreement desire to amend the Original Agreement for the consideration and on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises herein contained, the parties agree as follows : 1 . Definitions . As used in this Agreement,' the terms below shall have the following respective definitions : 1 . 1 Property. All that certain real property located within an unincorporated area of the County of San Mateo, State of California, and legally described in EXHIBIT B. The Property is comprised of the "Life Estate" , "Parcel T-A-, 'Parcel 1-B" , "Parcel C-l" , "Parcel C-2" , "Parcel 2" and "Parcel 2-A" as defined below in this Section 1 . 1. 2 Parcel A and Parcel B. That certain real property constituting approximately 600 acres and designated as "Parcel A" and "Parcel B" on the Map. Pursuant to the Original Agreement, Parcel A and Parcel B were conveyed by Seller to District by the "Grant Deed" as defined in Section 1. 5 hereof . 1 . 3 Life Estate. That portion of the Property constituting approximately 5 .7 acres lying between Star Hill Road and Old Ridge Road and designated as "Life Estate" on the Map. Pursuant to the Original Agreement , Seller and Theresa Ruth Hosking conveyed the Life Estate to District under the Grant Deed, subject to a reservation of an estate for the benefit of the Corporation, measured by the lives of Alan Hosking and Theresa Ruth Hosking, husband and wife, and the lives of their four children (Alana J. Hosking, Jessica R. Hosking, Montgomery A. Hosking and Dylan L. Hosking) , subject to a maximum term of fifty ( 50) years . The Grant Deed includes the reservation of said Life Estate and sets forth the covenants, conditions and restrictions applicable to the Life Estate. 1 .4 Theresa ' s Lot . That certain real property constituting approximately 3 . 8 acres lying westerly of Star Hill Road and designated as "Theresa ' s Lot" on the Map. Pursuant to the Original Agreement, Seller and Theresa Ruth Hosking retained a fee interest in Theresa ' s Lot, subject to a Right of First Refusal and Declaration of Covenants, Conditions and Restrictions, as set forth in the Grant Deed. Said Right of First Refusal and Declaration of Covenants , Conditions and Restrictions shall continue in full force and effect , unmodified by this Agreement . 1. 5 Grant Deed. The Grant Deed, Right of First Refusal and Declaration of Restrictions recorded September 5, 1985, as Document No . 85090817, Official Records of San Mateo County, California . A copy of the Grant Deed is attached as EXHIBIT D. 1. 6 Parcel C. That portion of the Property comprised of Parcel C-1 and Parcel C-2 , constituting approximately 110 acres, and legally described on EXHIBIT B. Pursuant to the Original Agreement, a right of first refusal to purchase Parcel C was granted to District , and Parcel C is subject to easements and restrictions as more particularly set forth in the "Parcel C Instrument" as defined in Section 1 . 7 below. 1. 7 Parcel C Instrument . The Grant of Easements for Public Trail/Riparian Corridor and Ingress and Egress, and Right of First Refusal recorded September 5, 1985, as Document No. 85090818, Official Records of San Mateo County, California. A copy of the Parcel C Instrument is attached as EXHIBIT E. 1 . 8 Parcel C-1 .. That portion of the Property constituting approximately 36 acres lying north of the southerly right of way of Old Road, and designated as "Parcel C-1" on the Map. The legal description of Parcel C-1 contained in EXHIBIT B and also attached to the Grant Deed for Parcel C-1 (EXHIBIT G to this Agreement) shall be an acceptable 2 description of said property until such time as a survey and an accurate legal description shall be completed. The District shall, at its sole cost and expense and as soon as reasonably practicable, complete a survey in order to prepare an accurate legal description of Parcel C-1. Such legal description will then merge with and be incorporated into EXHIBIT B and the Grant Deed for Parcel C-1 attached as EXHIBIT G, superseding and replacing the legal description of Parcel C-1 contained therein. If the preparation of such legal description is not completed until after the Closing, then the parties hereto shall exchange recordable deeds or execute a recordable Certificate of Correction of Legal Description, as necessary, to substitute the accurate legal description for the legal description of Parcel C-1 contained in the Grant Deed for Parcel C-1 attached hereto as EXHIBIT G. 1.9 Parcel C-2 . That portion of the Property constituting approximately 74 acres and designated as "Parcel C-2" on the Map and legally described on EXHIBIT B. To the extent that the boundary between Parcel C-1 and Parcel C-2 is changed by reason of the survey described in Section 1. 8 above, the corrected legal description of Parcel C-2 will then merge with and be incorporated into EXHIBIT B. If the preparation of such legal description is not completed until after the Closing, then the parties hereto shall exchange recordable deeds or execute a recordable Certificate of Correction of Legal Description, as necessary, to correct the legal description of Parcel C-2 . 1. 10 Parcel 1 . That portion of the Property comprised of Parcel 1-A and Parcel 1-8, constituting approximately 1200 acres , and legally described on EXHIBIT B . Pursuant to the Original Agreement, District has an exclusive option to purchase Parcel 1, as set forth in the "Option Agreement" and "Memorandum of Option" as defined in Sections 1 . 14 and 1 . 15, respectively. 1 . 11 Parcel 1-A. That portion of the Property constituting approximately 300 acres and designated as "Parcel 1-A" on the Map and legally described on EXHIBIT B. To the extent that the boundary between Parcel 1-A and Parcel I-B is changed by reason of any survey described in Section 1. 12 below, then the parties hereto shall exchange recordable deeds or execute a recordable Certificate of Correction of Legal Description, as necessary, to substitute the accurate legal description for the legal description of Parcel 1-A contained in the Grant Deed for Parcel 1-A attached hereto as EXHIBIT H. 1. 12 Parcel 1-B. That portion of the Property constituting approximately 900 acres and designated as "Parcel 1-8" on the Map. The legal description of Parcel 1-B contained in EXHIBIT B and attached to the Grant Deed for Parcel 1-B 3 (EXHIBIT C-1 to this Agreement) shall be an acceptable description of said property until such time as a survey and/or a more accurate legal description may be necessary and be completed. In such case, the resulting legal description will then merge with and be incorporated into EXHIBIT B and the Grant Deed for Parcel 1-B attached as EXHIBIT C-1, superseding and replacing the legal description of Parcel 1-B contained therein. In such case the parties hereto shall exchange recordable deeds or execute a recordable Certificateof Correction of Legal Description, as necessary, to substitute the more accurate legal description for the legal description of Parcel I-B contained in EXHIBIT C-1 . In the event a survey is necessary because title to Parcel I-B reverts to Seller in accordance with this Agreement, said survey shall be conducted by and paid for by District . 1. 13 Parcel 2 . That portion of the Property constituting approximately 900 acres, designated as "Parcel 2" on the Map, and legally described on EXHIBIT B. Pursuant to the Original Agreement , District has an exclusive option to purchase Parcel 2 , as set forth in the Option Agreement and Memorandum of option. 1. 14 Option Agreement .. The Option Agreement dated August 15, 1985 , between Seller and Theresa Ruth Hosking as "Optionor" and District as "Optionee" , whereunder District 2 . acquired an exclusive option to purchase Parcel 1 and Parcel 1 . 15 Memorandum of Option. The Memorandum of Option recorded September 5 , 1985, as Document No . 85090819 , Official Records of San Mateo County, California . 1. 16 Parcel 2-A. That portion of the Property, constituting approximately 5 acres, designated as "Parcel 2-A" on the Map, and legally described on EXHIBIT B. 1. 17 Barn Area . That portion of Parcel 2 , constituting approximately 5 acres , and designated as "Barn Area" on the Map and defined in Section 1 . 04 of the Original Agreement . 1. 18 Bear Gulch Road Area . That portion of Parcel 2 , constituting approximately 6 acres , and designated as "Bear Gulch Road Area" on the Map and defined in Section 4 of Exhibit I to the Original Agreement . 2 . Purchase and Sale. Seller Agrees to sell to District, and District agrees to purchase from Seller, the following interests in the Property: 2 . 1 Life Estate. All of Seller ' s remaining right, title and interest in and to the Life Estate. 4 i 2 .2 Parcel C 1 . Fee title to ParcelC-l . 2 .3 Parcel 1-A. Fee title to Parcel 1-A. 2 .4 Parcel 1-B. Fee title (subject to defeasance as more specifically described below) to Parcel 1-B. 2 . 5 Parcel 2 and Parcel 2-A. Fee title (subject to defeasance as more particularly described below) to Parcel 2 and Parcel 2-A. 2 . 6 Bear Gulch Road Area . Pursuant to the Original Agreement, upon conveyance of Parcel 2 to District , Seller was to reserve therefrom the Bear Gulch Road Area, subject to a right of first refusal in favor of District, and a development restriction and design review right by District (all as set forth in Exhibit I-H to the Original Agreement) . The conveyance of Parcel 2 from Seller to District under Section 2 . 5 of this Agreement shall include the Bear Gulch Road Area, and Seller shall have no further right, title or interest in the Bear Gulch Road Area except as set forth in the Grant Deed for Parcel 2 and Parcel 2A as attached as EXHIBIT C-2 hereto. Further, the Bear Gulch Road Area shall not be subject to the development restriction and design review right in favor of District as originally contemplated by the parties and as contained in Exhibit I-H to the Original Agreement . 2 . 7 Barn Area. Pursuant to the Original Agreement, upon conveyance of Parcel 2 to District, Seller and District were to enter into a Lease of Barn Area in the form attached to the Original Agreement as Exhibit I-G. In lieu of said Lease, Seller and District shall enter into the Lease of Barn Area in the form attached hereto as EXHIBIT I-G. 2 . 8 Grant of Easement for Open Space on Parcel C-2 . A grant of easement for open space over Parcel C-2 , by Seller ' s execution and delivery of the Grant of Easement for Open Space in the form attached hereto as EXHIBIT I-K. 2 . 9 Dedication of Parking Area . In the event title to Parcel 2 reverts to Seller pursuant to the terms of this Agreement, as part of Seller ' s development plans for Parcel 2 (and Parcel 1-B if title to Parcel 1-B also reverts to Seller pursuant to the terms of this Agreement) , Seller shall dedicate to the County of San Mateo or the District, or both, at no additional cost to District, a parking area of approximately 1/2 acre for not less than twenty-five (25) vehicles for members of the public in the Barn Area. Seller shall not be responsible for bearing any expense in connection with the development of such parking area. I 5 3 . Purchase Price and Conditions of Defeasance. The total purchase price ( "Purchase Price" ) for all of the interests in the Property described in Section 2 shall be Thirteen Million Six Hundred Thirty-Five Thousand Dollars ($13, 635, 000) , subject to the credits and adjustments provided in this Agreement . The Purchase Price shall be allocated and paid as herein provided. 3 . 1 Allocation of Purchase Price. The Purchase Price shall be allocated among the various interests in the Property being acquired in the following manner : Property Description Price Life Estate, Parcel C-1, Parcel 1-A, and Grant of Easement for Open Space on Parcel C-2 $1, 150, 000 Parcel 1-B $5, 720,000 Parcel 2 and Parcel 2-A $6, 765, 000 Total $13 , 635 , 3 . 2 Payment for Life Estate, Parcel C-1, Parcel 1-A and Grant of Easement . The total purchase price for the interests in the Property described in Sections 2 . 1 , 2 . 2 , 2 . 3 and 2 . 8 , namely, the Life Estate, Parcel C-1, Parcel 1-A, and the Grant of Easement for Open Space on Parcel C-2 , shall be One Million One Hundred Fifty Thousand Dollars ($1, 150 , 000) , less permissible credits (as more particularly set forth in this Agreement) , and shall be payable as follows : 3 . 2 . 1 A payment in cash outside of escrow in the amount of Three Hundred Thousand Dollars ($300, 000) , receipt of which is hereby acknowledged by Seller; and 3 . 2 . 2 A cash payment in the amount of Eight Hundred Fifty Thousand Dollars ($850 , 000) at the Closing, less any credits and offsets provided in this Agreement . 3 .3 Payment for Parcel 1-B. 3 . 3 . 1 Provided the District has made the payments required under Section 4 hereof, the District may, on or before March 1, 1989 and at its option, give Seller written notice of its intention to retain ownership of Parcel 1-B. if 6 District fails to give such notice on or before March 1, 1989 , Seller shall on or after March 1, 1989 demand that District give notice as to its intentions . If District then fails to give notice within 14 calendar days following Seller ' s demand therefor, District shall be deemed to have elected not to retain ownership of Parcel 1-B. In the case that District elects to so retain ownership of Parcel 1-B, provided the District has made the payments required under Section 4 of this Agreement, District shall deliver to Seller, through escrow, as provided below in this Agreement not later than August 15 , 1989 , the total purchase price for Parcel 1-B which shall be Five Million Seven Hundred Twenty Thousand Dollars ($5, 720, 000) , subject to the credits and adjustments set forth herein, payable as follows : (a) A downpayment in cash of Two Million One Hundred Ninety-Five Thousand Dollars ($2, 195, 000) , less (i) any credits for Federal Land Bank loan payments made by District, ( ii) a credit in an amount equal to interest at the rate of twelve percent (12%) per annum on each Federal Land Bank loan payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcel 1-B hereunder, ( iii) a credit in the amount of $345 , 000 for the payment to be made pursuant to Section 4 . 1 hereof, (iv) any credits for Herzer Corporation payments made by District, (v) a credit in an amount equal to interest at the rate of twelve percent ( 12%) per annum on each Herzer Corporation payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcel 1-B hereunder, and (vi) any other credits and offsets provided in this Agreement ; and (b) A purchase money Secured Promissory Note in the principal amount of Three Million Five Hundred Twenty-Five Thousand Dollars ($3 , 525 , 000) ( less any credits and offsets provided in this Agreement) , bearing interest at the rate of eight percent (8%) per annum, payable in ten ( 10) equal annual payments so as to be fully amortized over a ten year period, and in the form attached as EXHIBIT I-C, secured by a Deed of Trust in the form of EXHIBIT I-D. 3 . 3 . 2 If District elects not to retain ownership of Parcel 1-B, District shall immediately reconvey Parcel 1-B to Seller, subject only to the same conditions and encumbrances as when received and the provisions set forth below. Such reconveyance shall be effected not later than August 15, 1989 . The rights of Seller under this Section 3 . 3 . 2 shall be subject to specific performance. 7 3 . 3 . 3 Until District makes the cash payment specified in Section 3 . 3 . 1(a) and delivers the Secured Promissory Note described in Section 3 . 3 . 1(b) , District shall hold title to Parcel 1-B subject to a fiduciary trust responsibility of reconveyance to Seller . Except as specifically set forth in the Original Agreement and this Agreement, District shall not have any right , until it makes the election to retain ownership of Parcel 1-B in accordance with the provisions hereof, to transfer, encumber , or impose any conditions on Parcel 1-B or any part thereof . District further agrees not to change the zoning of Parcel 1-B or to cause any change in such zoning, and to cooperate with Seller to prevent any such change in zoning until District makes the election to retain ownership of Parcel I-B; provided, that District ' s obligation to cooperate shall be at no cost or expense to District . Notwithstanding the foregoing, District shall not be prohibited from using or taking any action necessary to maintain Parcel 1-B for public park, recreation, conservation and open space purposes . 3 . 3 . 4 If District elects not to retain ownership of Parcel 1-B, District shall execute, acknowledge and deliver to Seller, within ten ( 10) days of request therefor, a Grant Deed, release or other appropriate document required by Seller or a title insurance company to verify the termination of District ' s interest in Parcels 1-B, 2 and 2A. In addition, District shall grant Seller an ingress and egress easement over Parcel 1-A solely for the purpose of logging on Parcel 1-B, such easement to be reasonably limited in scope, duration and use. Thereafter, District will cooperate with Seller such that Seller may develop a maximum density of seventy-eight (78) residential units on Parcel 1-B, Parcel 2 , Parcel 2-A and Parcel C-2 . Such cooperation shall include, without limitation, District acting as joint applicant in Seller ' s development process such that Parcel 1-A and Parcel C-1 shall be considered together with Parcel 1-B, Parcel 2 , Parcel 2-A and Parcel C-2 in determining the maximum density allocation on the area to be developed by Seller . 3 .4 Payment for Parcel 2 and Parcel 2-A. 3 . 4 . 1 Provided the District has made the payments required under Section 4 hereof and has elected to retain ownership of Parcel 1-B pursuant to Section 3 . 3 . 1 hereof, the District may, on or before March 1, 1995 and at its option, give Seller written notice of its intention to retain ownership ,of Parcel 2 and Parcel 2-A. If District fails to give such notice on or before March 1, 1995 , Seller shall on or after March 1, 1995 demand that District give notice as to its intentions . If District then fails to give notice within 14 calendar days following Seller ' s demand therefor, District shall be deemed to have elected not to retain ownership of Parcel 2 and Parcel 2-A. 8 In the case that District elects to so retain ownership of Parcel 2 and Parcel 2-A (provided the District has made the payments required under Section 4 of this Agreement and has elected to retain ownership of Parcel 1-B as provided in Section 3 . 3 . 1 of this Agreement) , District shall deliver to Seller, through escrow, as provided below in this Agreement not later than August 15 , 1995 , the total purchase price for Parcel 2 and Parcel 2-A which initially shall be Six Million Seven Hundred Sixty-Five Thousand Dollars ($6, 765, 000) subject to the credits and adjustments set forth herein; provided, however, that such purchase price shall escalate at the expiration of each calendar day from and after August 15 , 1989 by an amount equal to One Thousand Dollars ($1, 000 . 00) . The purchase price shall be paid as follows : (a) A downpayment in cash in an amount equal to the sum of One Million Eight Hundred Eighty-Five Thousand Dollars ($1, 885 , 000) plus an amount equal to twenty percent (20%) of the aggregate per them increase in the purchase price pursuant to the second paragraph of Section 3 . 4 . 1 hereof , less (i) any credits for Federal Land Bank loan payments made by District and not theretofore applied as a credit for the purchase price for Parcel 1-B under Section 3 . 3 . 1, ( ii) a credit in an amount equal to interest at the rate of twelve percent ( 12%) per annum and on each Federal Land Bank loan payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcels 2 and 2-A hereunder, ( iii) a credit in the amount of $665, 000 for payments made pursuant to Sections 4 .2 and 4 . 3 hereof, ( iv) any credits for Herzer Corporation payments made by District and not theretofore applied as a credit for the purchase price for Parcel 1-B under Section 3 . 3 . 1, (v) a credit in an amount equal to twelve percent ( 12%) per annum on each Herzer Corporation payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcels 2 and 2-A hereunder, and (vi) any other credits and offsets provided in this Agreement ; and (b) A purchase money Secured Promissory Note in a principal amount equal to the balance of the purchase price ( less any credits and offsets provided in this Agreement) bearing interest at the rate of eight percent (8%) per annum, payable in ten (10) equal annual payments so as to be fully amortized over a ten year period, and in the form attached as EXHIBIT I-E, secured by a Deed of Trust in the form of EXHIBIT I-F. 3 .4 . 2 If District elects not to retain ownership of Parcels 2 and 2-A. (or upon such earlier date as District elects not to retain ownership of Parcel 1-1B) , District shall immediately reconvey Parcels 2 and 2-A to 9 Seller, subject only to the same conditions and encumbrances as when received and the provisions set forth below. Such reconveyance shall be effected not later than August 15, 1995 . The rights of Seller under this Section 3 .4 . 2 shall be subject to specific performance. 3 . 4 . 3 Until District makes the cash payment specified in Section 3 . 4 . 1(a) and delivers the Secured Promissory Note described in Section 3 . 4 . 1(b) , District shall hold title to Parcels 2 and 2-A subject to a fiduciary trust responsibility of reconveyance to Seller . Except as specifically set forth in the Original Agreement and this Agreement , District shall not have any right, until it makes the election to retain ownership of Parcels 2 and 2-A in accordance with the provisions hereof , to transfer, encumber, or impose any conditions on Parcels 2 and 2-A or any part thereof . District further agrees not to change the zoning of Parcels 2 and 2-A or to cause any change in such zoning, and to cooperate with Seller to prevent any such change in zoning until District makes the election to retain ownership of Parcels 2 and 2-A; provided, that District ' s obligation to cooperate shall be at no cost or expense to District . Notwithstanding the foregoing, District shall not be prohibited from using or taking any action necessary to maintain Parcels 2 and 2-A for public park, recreation, conservation and open space purposes . 3 .4 . 4 If District elects not to retain ownership of Parcels 2 and 2-A (having elected to retain Parcel 1-B pursuant to Section 3 . 3 . 1) , District shall execute, acknowledge and deliver to Seller, within ten ( 10) days of request therefor, a Grant Deed, release or other appropriate document required by Seller or a title insurance company to verify the termination of District ' s interest therein. Thereafter, District will cooperate with Seller such that Seller may develop a maximum density of fifty (50) residential units on Parcels 2 , 2-A and C-2 . Such cooperation shall include, without limitation, District acting as a joint applicant in Seller ' s development process such that any portion of Parcels 1-A and 1-B then owned by District will be considered together with Parcels 2 and 2-A in determining the maximum density allocation on the area to be developed by Seller . 4 . Additional Payments Required to Avoid Defeasance of Parcels 1-B, 2 and 2-A. In addition to all other amounts required to be paid by District under this Agreement, District shall be required to pay to Seller the following amounts on the dates indicated as a condition precedent to the District ' s right to retain ownership of Parcel 1-B and Parcels 2 and 2-A: 10 C :I 4 . 1 At Closing, an amount equal to Three Hundred Forty-Five Thousand Dollars ($345 , 000) . 4 .2 On or before August 15 , 1987, the amount of Three Hundred Thirty-Two Thousand Five Hundred Dollars ($332, 500) . Seller agrees to remove all equipment and other personal property being presently stored in that certain area identified as the "Corporation Yard" on the Map attached as EXHIBIT A, lying approximately one-quarter mile northerly of the Barn Area and located immediately off Skyline Boulevard. Such storage area shall be cleaned and restored to District ' s specifications on or before June 30 , 1987 . The District shall, on or before April 30, 1987, notify Seller of any remaining work required to meet the District ' s standards . If such work is not completed by June 30, 1987, the District may on its own complete the clean-up and restoration to meet its specifications and deduct from the payment required under this Section 4 . 2 an amount equal to the costs incurred by it in performing such clean-up, up to a maximum of $25,000 . To the extent that District so withholds to cover such clean-up costs and pays Seller the remainder of such $332 , 500, the District shall be deemed to have made the full payment required by this Section 4 .2 for purposes of this Agreement . Additionally, until such clean-up is completed, Seller shall procure and maintain $1, 000, 000 in liability coverage for personal injury and/or property damage occurring at the site of the Corporation Yard and shall cause the District to be named as an additional insured. A further condition of the Closing shall be that Seller deliver a certificate of such insurance to District . 4 . 3 On or before August 15, 1988 , the amount of Three Hundred Thirty-Two Thousand Five Hundred Dollars ($332 , 500) . The foregoing amounts shall be in lieu of any and all payments under the Option Agreement . 5 . Escrow and Closing . Promptly upon execution of this Agreement, an escrow shall be opened at First American Title Insurance Company or other title company acceptable to District and Seller ( "Escrow Holder" or "Title Company") through which the purchase and sale of the Property interests described herein shall be consummated. A fully executed copy of this Agreement shall be deposited with the Escrow Holder to serve as escrow instructions . The parties shall execute such additional, supplementary or customary escrow instructions as Escrow Holder may from time to time reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and designated to act as an escrow holder and is authorized and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, subject to the terms and conditions of this Agreement . 5 . 1 Date of Closing . The consummation of the transactions contemplated hereby (the "Closing" ) shall take place at the offices of Escrow Holder, the later of (i) on or before thirty (30) days following District ' s execution and delivery of this Agreement to Seller, or ( ii) such date that Seller can deliver title to District as required herein, but in any event not later than December 31, 1986, or at such other place and date as the parties shall agree in writing . The date of Closing is herein called the "Closing Date" . The Closing shall be subject to the satisfaction of all conditions contained in this Agreement, including, without limitation, the delivery of the Policy of Title Insurance described in Section 5 . 4 and the performance by both parties of their respective obligations hereunder . 5 . 2 Items to be Delivered at the Closing. 5 .2 . 1 By Seller . Seller shall deposit (or cause to be deposited) into the escrow on or before the Closing: (a) An executed conveyance of all of Seller ' s remaining right, title and interest in the Life Estate in the form of the Termination of Life Estate and Quitclaim Deed attached as EXHIBIT F; (b) An executed Grant Deed to Parcel C-1 in the form attached as EXHIBIT G; (c) An executed Grant Deed to Parcel 1-A in the form attached as EXHIBIT H; (d) An executed Grant Deed to Parcel 1-B in the form attached as EXHIBIT C-1; (e) An executed Grant Deed to Parcels 2 and 2-A in the form attached as EXHIBIT C-2 ; (f) The executed Barn Area Lease in the form attached as EXHIBIT I-G; (g) The executed Grant of Easement for Open Space in the form attached as EXHIBIT I-K; (h) All additional documents and instruments which District ' s counsel and Seller ' s counsel may mutually determine are necessary to consummate the provisions of this Agreement . 12 f 5 . 2 . 2 By District . District shall deposit or cause to be deposited into escrow on or before the Closing : (a) A District check in an amount equal to One Million One Hundred Ninety-Five Thousand Dollars ($1, 195, 000) less the adjustments provided in this Agreement (such $1, 195,000 representing the $850, 000 payment pursuant to Section 3 . 2 . 2 hereof plus the $345, 000 payment pursuant to Section 4 . 1 hereof) ; (b) The executed Barn Area Lease in the form attached as EXHIBIT I-G; (c) A legal opinion of STANLEY NORTON, regular legal counsel to District , in form and substance reasonably satisfactory to Seller and its counsel, relating to the validity and enforceability of the Secured Promissory Notes to be given in connection with the District ' s purchase of Parcels 1-B, 2 and 2-A and the tax-free nature of the interest to be received thereunder; (d) All additional documents and instruments which District ' s counsel and Seller ' s counsel may mutually determine are necessary to consummate the provisions of this Agreement . 5 .3 Closing Costs and Prorations . District and Seller shall each pay one-half ( 1l2) of the escrow fees, documentary transfer taxes, if any, premium for the Policy of Title Insurance described in Section 5 . 4 , and any and all customary recording costs and fees . Seller shall pay all reasonable costs required to deliver marketable title to the Property interests in the manner provided herein. All other costs or expenses not otherwise specifically provided for in this Agreement shall be allocated between District an Seller in the manner customary in San Mateo County, California. All current property taxes on the properties conveyed shall be prorated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures . 5 .4 Title Insurance Policy. Seller shall cause Title Company to prepare and be committed to deliver to District a standard coverage CLTA Policy of Title Insurance, dated as of Closing, insuring District ' s interests in the Property as provided herein, in the amount of Thirteen Million Six Hundred Thirty-Five Thousand Dollars ($13 , 635, 000) , subject only to: W Current real property taxes; ( ii) The printed exceptions contained in said title insurance policy; 13 i i i 4 below; (iii) The Permitted Exceptions as defined ( iv) The Barn Area Lease; (v) The Parcel C Instrument and the Grant of Easement for Open Space (Parcel C-2) ; and (vi ) All other matters approved in writing by District prior to the Closing . The Title Company shall issue a mechanic ' s lien endorsement to said Title Insurance Policy insuring that the interests in the Property conveyed to District are free and clear of all mechanic ' s liens . As used herein, "Permitted Exceptions" shall mean those items shown as : 5 .4 . 1 Exceptions 4 through 14 and 16 in the Preliminary Title Report (Order No . 284835 , dated September 25, 1986) relating to Parcel C-1 and, Parcel C-2 attached hereto as EXHIBIT I-L; and 5 .4 . 2 Exceptions 4 through 15 in the Preliminary Title Report (Order No. 308036-TD, dated July 19, 1985) relating to Parcel I-B and Parcel 1-A which is attached hereto as EXHIBIT I-I . 5 . 4 . 3 Exceptions 4 through 13 and 27 in the Preliminary Title Report (Order No . 308034-TD, dated September 26, 1986) , exceptions 5 through 13 in the Preliminary Title Report (Order No. 308604A-TD, dated September 30, 1986) , and exceptions 4 through 9 in the Preliminary Title Report (Order No. 308604B-TD, dated September 30, 1986) relating to Parcel 2 , and exceptions 4 through 10 in the Preliminary Title Report relating to Parcel 2-A (Order No . 322110, dated September 2 , 1986) , all of which are attached hereto as EXHIBIT I-J. 5 . 5 Escrow Instructions . When all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, Escrow Holder shall : 5 . 5 . 1 Cause the Termination of Life Estate and Quitclaim Deed (EXHIBIT F) , Grant Deeds for Parcels C-1 and 1-A (EXHIBITS G and H) , and Grant Deeds for Parcels 1-B, 2 and 2-A (EXHIBITS i C-1 and C-2) and attendant Certificates of Acceptance, and Grant of Easement for Open Space (EXHIBIT I-K) to be recorded in the office of the County Recorder of San Mateo County, California . 5 . 5 . 2 Cause to be delivered (a) to District the original of the Policy of Title Insurance required herein 14 and a fully executed copy of the Barn Area Lease, (b) to Seller, Escrow Holder ' s check for the sum of One Million One Hundred Ninety-Five Thousand Dollars ($1, 195 , 000) ( less (i) Seller 's portion of the expenses described in Section 5 . 3 , (ii) the credits provided for in this Agreement , ( iii) the amount owed by Seller to the Federal Land Bank, as described in Section 7. 1, and ( iv) the amount owed by Seller to Big Creek Lumber Company, as described in Section 8) and a fully executed copy of the- Barn Area Lease; and (c) to District or Seller as the case may be, all other documents or instruments which, in accordance with the intentions of this Agreement , are to be delivered to them. 5 . 5 .3 Cause to be delivered to the Federal Land Bank, on behalf of Seller, the amount owed pursuant to the provisions of Section 7 . 1. 5 . 5 . 4 Cause to be delivered to Big Creek Lumber Company, on behalf of Seller, the amount owed pursuant to the provisions of Section 8 . In the event the escrow terminates without Closing as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 6 . Escrows in Connection with Parcel 1-B and Parcels 2 and 2-A. 6 . 1 Parcel 1-B. If District elects to retain ownership of Parcel I-B, as provided in Section 3 . 3 . 1, an escrow shall be opened at First American Title Insurance Company or other title company acceptable to District and Seller ( "Escrow Holder" or "Title Company" ) through which the delivery of funds and documents described herein shall be consummated. A fully executed copy of this Agreement shall be deposited with the Escrow Holder to serve as escrow instructions . The parties shall execute such additional , supplementary, or customary escrow instructions as Escrow Holder may from time to time reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and designated to act as an escrow holder and is authorized and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, subject to the terms and conditions of this Agreement . 6 . 1 . 1 Date. The consummation of the transactions contemplated hereby shall take place at the offices of Escrow Holder , not later than August 15, 1989 . 15 6 . 1 . 2 Items to be Delivered. a . By Seller . Seller shall deposit (or cause to be deposited) into the escrow on or before August 15, 1989 : (i) An executed conveyance of all of Seller ' s remaining right, title and interest in Parcel 1-8 in such form as the District, its counsel and the Title Company may request ( the "Parcel 1-B Termination of Defeasance Instrument" ) ; GO An executed Quitclaim Deed releasing all of Seller ' s interest under the Barn Area Lease in such form as District and its counsel may request ; ( iii) Evidence, reasonably satisfactory to District and its counsel, that (a) the entire premises covered by the Barn Area Lease (EXHIBIT I-G) have been vacated and that no person formerly occupying the premises has any claim to relocation payments pursuant to California Civil Code Section 7260 et seg . , or (b) all persons then occupying or formerly occupying any portion of said premises are not entitled to relocation benefits and/or relocation payments pursuant to California Civil Code Section 7260 et seg. , and any similar or successor statutes . If such evidence is not provided, District may hold back the amount of $25 , 000 from the cash payment described in Section 3 . 3 . 1(a) , until such evidence is provided; and ( iv) All additional documents and instruments which District ' s counsel and Seller ' s counsel may mutually determine are necessary to consummate the provisions of this Agreement . b. By District . District shall deposit or cause to be deposited into escrow on or before August 15, 1989 : (i) The cash downpayment described in Section 3 . 3 . 1(a) less Seller ' s share of the costs specified in Section 6 . 1 .3 (subject to the hold back for relocation payments described above in Section 6 . 1 . 2(a) ) ; GO The Secured Promissory Note described in Section 3 . 3 . 1(b) ; ( iii) All additional documents and instruments which District ' s counsel and Seller ' s counsel may mutually determine are necessary to consummate the provisions of this Agreement . 16 J 6 . 1 . 3 Costs and Prorations. District and Seller shall each pay one-half ( 1/2) of the escrow fees , documentary transfer taxes, if any, premium for the Policy of Title Insurance described in Section 6 . 1 . 4 , and any and all customary recording costs and fees . All other costs or expense not otherwise specifically provided for in this Agreement shall be allocated between District an Seller in the manner customary in San Mateo County, California . 6 . 1 . 4 Title Insurance Policy. District shall cause Title Company to issue and deliver to Seller a standard coverage lenders policy of title insurance, dated as of August 15, 1989, or such earlier date as District may deliver its Secured Promissory Note to Seller under Section 3 .3 . 1(b) , in an amount equal to the principal amount of said Secured Promissory Note insuring Seller ' s interest as beneficiary under the Deed of Trust described in Section 3 .3 . 1(b) , subject only to : M The same exceptions contained in District ' s Policy of Title Insurance described in Section 5 .4 pertaining to Parcel 1-B (including the obligation to the Federal Land Bank to the extent provided in Section 7. 1 hereof) ; (ii) The Deed of Trust described in Section 3 .3 . 1(b) ; and (iii) All other matters approved in writing by Seller prior to August 15, 1989 , or such earlier date as District delivers its Secured Promissory Note to Seller under Section 3 . 3 . 1(b) . The Title Company shall issue a mechanic ' s lien endorsement to said Lender ' s Title Insurance Policy insuring that Parcel 1-B is free and clear of all mechanic ' s liens . 6 . 1 . 5 Escrow Instructions . When all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions hereunder have been fulfilled, Escrow Holder shall : a . Cause the Parcel 1-8 Termination of Defeasance Instrument to be recorded in the office of the County Recorder of San Mateo- County, California . b. Cause to be delivered (a) to Seller the original of the policy of title insurance required herein, Escrow Holder ' s check in the amount described in Section 3 . 3 . 1(a) ( less ( i) Seller' s portion of the expenses described in Section 6 . 1 . 3 , and ( ii) the credits described in 17 this Agreement, including, without limitation, those described in Section 7) , and the Secured Promissory Note described in Section 3 .3 . 1(b) , and (b) to District or Seller as the case may be, all other documents or instruments which, in accordance with the intentions of this Agreement , are to be delivered to them. C . Cause to be delivered to the Federal Land Bank, on behalf of Seller , the amount then owed pursuant to the provisions of Section 7 . 1 . 6 . 2 Parcels 2 and 2-A. If District elects to retain ownership of Parcels 2 and 2-A, as provided in Section 3 .4 . 1, an escrow shall be opened at First American Title Insurance Company or other title company acceptable to District and Seller ("Escrow Holder" or "Title Company") through which the delivery of funds and documents described herein shall be consummated. A fully executed copy of this Agreement shall be deposited with the Escrow Holder to serve as escrow instructions . The parties shall execute such additional, supplementary, or customary escrow instructions as Escrow Holder may from time to time reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and designated to act as an escrow holder and is authorized and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, subject to the terms and conditions of this Agreement . 6 . 2 . 1 Date. The consummation of the transactions contemplated hereby shall take place at the offices of Escrow Holder, not later than August 15 , 1995 . 6 . 2 . 2 Items to be Delivered. a . By Seller . Seller shall deposit (or cause to be deposited) into the escrow on or before August 15, 1995 : M An executed conveyance of all of Seller' s remaining right, title and interest in Parcel 2 and Parcel 2-A in such form as the District, its counsel and the Title Company may request (the "Parcel 2 and Parcel 2-A Termination of Defeasance Instrument" ) ; ( ii) All additional documents and instruments which District ' s counsel and Seller ' s counsel may mutually determine are necessary to consummate the provisions of this Agreement . 18 b. By District . District shall deposit or cause to be deposited into escrow on or before August 15, 1995: G) The cash downpayment described in Section 3 .4 . 1(a) ; ( ii) The Secured Promissory Note described in Section 3 .4 . 1(b) ; ( iii) All additional documents and instruments which District ' s counsel and Seller ' s counsel may mutually determine are necessary to consummate the provisions of this Agreement . 6 .2 . 3 Costs and Prorations . District and Seller shall each pay one-half ( 1/2) of the escrow fees, documentary transfer taxes, if any, premium for the Policy of Title Insurance described in Section 6 . 2 .4 , and any and all customary recording costs and fees . All other costs or expense not otherwise specifically provided for in this Agreement shall be allocated between District an Seller in the manner customary in San Mateo County, California . 6 . 2 .4 Title Insurance Policy. District shall cause Title Company to issue and deliver to Seller a standard coverage lenders policy of title insurance, dated as of August 15, 1995, or such earlier date as District may deliver its Secured Promissory Note to Seller under Section 3 . 4 . 1(b) , in an amount equal to the principal amount of such Secured Promissory Note, insuring Seller ' s interest as beneficiary under the Deed of Trust described in Section 3 .4 . 1(b) , subject only to : M The same exceptions contained in District ' s Policy of Title Insurance described in Section 5 .4 pertaining to Parcels 2 and 2-A (excluding, however, all exceptions relating to interests held by Big Creek Lumber Company or other lumber companies, the Federal Land Bank or Herzer Corporation) ; ( ii) The Deed of Trust described in Section 3 .4 . 1(b) ; and ( iii) All other matters approved in writing by Seller prior to August 15, 1995 , or such earlier date as District delivers its Secured Promissory Note to Seller under Section 3 .4 . 1(b) . The Title Company shall issue a mechanic ' s lien endorsement to said Lender ' s Title Insurance Policy insuring that Parcels 2 and 2-A are free and clear of all mechanic ' s liens . 19 6 . 2 . 5 Escrow Instructions . When all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions hereunder have been fulfilled, Escrow Holder shall : a . Cause the Parcel 2 and Parcel 2-A Termination of Defeasance Instrument to be recorded in the office of the County Recorder of San Mateo County, California . b. Cause to be delivered (a) to Seller the original of the policy of title insurance required herein, Escrow Holder ' s check in the amount described in Section 3 .4 . 1(a) ( less ( i) Seller ' s portion of the expenses described in Section 6 .2 . 3 , and ( ii) the credits described in this Agreement, including, without limitation, those described in Section 7) , and the Secured Promissory Note described in Section 3 .4 . 1(b) , and (b) to District or Seller as the case may be, all other documents or instruments which, in accordance with the intentions of this Agreement , are to be delivered to them. C . Cause to be delivered to the Federal Land Bank, on behalf of Seller, the amount then owed pursuant to the provisions of Section 7 . 1. 7 . Treatment of Encumbrances on Parcel 1, Parcel 2 and Parcel 2-A. Parcel 1, Parcel 2 and Parcel 2-A are currently subject to an outstanding obligation in favor of the Federal Land Bank in the approximate amount of One Million Six Hundred Thousand Dollars ($1, 600, 000) . In addition, Parcels 2 and 2-A are subject to an outstanding encumbrance in favor of Herzer Corporation in the approximate amount of One Hundred Forty-One Thousand Dollars ($141, 000) . These obligations shall be treated as herein provided. 7 . 1 Federal Land Bank Obligation. Seller shall, prior to the Closing, obtain a release from the Federal Land Bank of its security interest(s) in Parcel 1-A provided that any pay-down required by the Federal Land Bank is One Hundred Thousand Dollars ($100, 000) or less . If Seller is unable to obtain the release of the Federal Land Bank' s security interest in Parcel 1-A, Parcel I-A shall nonetheless be transferred to District subject to the Federal Land Bank obligation, subject to the conditions set forth below. Further, and in any event, Parcel 1-B and Parcels 2 and 2-A shall be transferred to District subject to the Federal Land Bank obligation, subject to the following conditions : 7 . 1 . 1 Seller represents and warrants and covenants and agrees to make timely payments of all amounts due to the Federal Land Bank in connection with its obligations 20 secured by Parcel 1-A, Parcel 1-B, Parcel 2 , and Parcel 2-A, or any part thereof (Seller shall cause such obligations to be current as of Closing and, as a condition of Closing, shall provide evidence thereof to District) , and to hold District harmless therefrom, which shall include an obligation to indemnify District from any and all loss ( including, without limitation, attorneys ' fees and costs) sustained by reason of Seller ' s breach of this Section 7 . 1 . 7. 1 . 2 Further, in the event of Seller ' s default in the payment of any amounts due to the Federal Land Bank, District may, at its option, pay to the Federal Land Bank such amounts required by the Federal Land Bank to cure any and all defaults and District may deduct the same (together with the interest penalty at the rate of 12% as provided in Section 3 . 3 . 1(a) and Section 3 .4 . 1(a) ) from any payments due to Seller under any of the provisions of this Agreement . The parties agree to cause the Title Company record a Request for Notice of Default in favor of the District with respect to the obligation to the Federal Land Bank. 7 . 1 . 3 In the event District elects to retain Parcel 1-B, the amount then due to the Federal Land Bank necessary to secure the release of Parcel 1-B (and Parcel 1-A if Parcel 1-A has not previously been released) from said obligation shall be paid directly to the Federal Land Bank out of the escrow in accordance with Section 6 . 1 and deducted from the purchase price for Parcel 1-B. District may deduct said amount , at District ' s sole election, from the cash downpayment , the principal amount of the Secured Promissory Note for Parcel 1-B, or a combination of both. If Seller is unable to obtain the separate release of the Federal Land Bank' s security interest in Parcel 1-B (and Parcel 1-A if not previously released) as provided in this Section 7 . 1 . 3 (provided that any pay-down required by the Federal Land Bank shall not exceed $850, 000) , then District shall nonetheless continue to hold title to Parcel 1-B (and Parcel 1-A if not theretofore released) subject to such security interest, subject, however, to all the terms and conditions of this Section 7 and the indemnification provisions of Section 10 . 7 . 1 . 4 In the event District elects to retain Parcels 2 and 2-A, the amount then due to the Federal Land Bank necessary to secure the release of Parcels 2 and 2-A (and Parcel 1-B and Parcel 1-A if not theretofore released) from said obligation shall be paid to the Federal Land Bank out of the escrow in accordance with Section 6 . 2 and deducted from the purchase price for Parcels 2 and 2-A. District may deduct said amount, at District ' s sole election, from the cash downpayment, the principal amount of the Secured Promissory Note, or a combination of both. 7.2 Herzer Corporation Obligation. District shall take title to Parcels 2 and 2-A subject to the obligation 21 owed to Herzer Corporation secured by portions of Parcels 2 and 2-A, subject to the following conditions : 7. 2 . 1 Seller represents and warrants and covenants and agrees to make timely payments of all amounts due to the Herzer Corporation in connection with its obligations secured by Parcel 2, Parcel 2-A, or any part thereof (Seller shall cause such obligations to be current as of Closing and, as a condition of Closing, shall provide evidence thereof to District) , and to hold District harmless therefrom, which shall include an obligation to indemnify District from any and all loss (including, without limitation attorneys ' fees and costs) sustained by reason of Seller ' s breach of this Section 7 .2 . 7 . 2 .2 Further, in the event of Seller ' s default in the payment of any amounts due to the Herzer Corporation, District may, at its option, pay to Herzer Corporation such amounts required by Herzer Corporation to cure any and all defaults and District may deduct the same (including the 12% interest penalty provided in Section 3 .3 . 1(a) and Section 3 . 4 . 1(a) ) from any payments due to Seller under any of the provisions of this Agreement . The parties agree to cause the Title Company to record a Request for Notice of Default in favor of the District with respect to the obligation owed to Herzer Corporation. 7 .2 . 3 In the event District elects to retain Parcel 1-B under Section 3 . 3 . 1, the amount then due to the Herzer Corporation, necessary to secure the release of Parcels 2 and 2-A, or any portion thereof, from said obligation shall be paid to the Herzer Corporation out of the escrow as provided in Section 6 . 2 and deducted from the purchase price for Parcel 1-B. District may deduct said amount, at District ' s sole election, from the cash downpayment, the principal amount of the Secured Promissory Note, or a combination of both. 7 . 3 Defaults on Obligations to Federal Land Bank or Herzer Corporation. In the event that all of the following occur: (i) District elects not to retain ownership of Parcel 1-B pursuant to the provisions of Section 3 . 3 . 1 hereof (the date of such election being referred to herein as the "Election Date") ; (ii) District has made payments on behalf of Seller to the Federal Land Bank pursuant to the provisions of Section 7. 1 . 2 hereof or to the Herzer Corporation pursuant to the provisions of Section 7 . 2 . 2 hereof, or both (the aggregate amount of such payments as of the Election Date, together with the 12% interest penalty referred to in Sections 7. 1.2 and 7 .2 .2 accrued to such date, is referred to herein as the "Default Amount") ; and ( iii) as of the Election Date there are no obligations owing from the District to Seller by which District could fully offset the Default Amount ; then, in such event, as of the Election Date the Default Amount shall be a debt owing by Seller to District . Such obligation shall be due and payable not later than one year after the Election Date and 22 such amount shall continue to accrue interest at the rate of 12% until satisfied. Simultaneously with the reconveyance of Parcel 1-B by District to Seller, Seller agrees to execute a full recourse promissory note in the principal amount equal to the aggregate of such indebtedness as of such date. Such Note shall bear interest at the rate of 12% per annum and shall provide for payment one year after the Election Date and shall be secured by a Deed of Trust on Parcels 1-B and 2 . 8 . Modification of Agreement With Big Creek Lumber Company. Seller is currently operating under an agreement with Big Creek Lumber Company to log Parcel I and Parcel 2 until such time as Seller ' s obligation to Big Creek Lumber Company as evidenced by certain promissory notes is paid in full. This obligation shall be paid off by Seller through escrow at the Closing . Further, Seller may, prior to the Closing, enter into a logging agreement with one or more reputable logging companies , which shall be subject to District ' s review and approval, providing as follows : (a) Such logging company or companies may be permitted to log Parcels 1-B and 2 through August 15 , 1989 . (b) The extent of the logging permitted shall be limited to that number of board feet necessary to generate royalties equal to the periodic payments due by Seller under its obligation to the Federal Land Bank (and to meet the costs of preparing and administering the logging plan) which is secured by Parcel 1-B and Parcel I-A ( if not released at Closing) , 2 and 2-A from and after the Closing through August 15, 1989 ; provided, however, that District may elect to make such payments and no logging shall be permitted to the extent District makes such payments . (District shall not be entitled to offset amounts paid under this Section 8(b) , nor interest thereon, against the purchase price for the Property. Such offset applies to payments made by District under Section 7 . ) (c) The royalties payable by any company logging under such agreement shall in fact be paid directly to District or the Federal Land Bank or both to meet Seller ' s obligations under Section 7. 1. (d) The actual number of board feet which such logging company may log will depend on the published wholesale price list of the Board of Equalization. The District shall have the right to cause to be prepared and submitted to Seller for approval a commercially feasible plan for logging Parcels 1-B and 2 , which shall provide for logging in volume sufficient to make the Federal 23 Land Bank payments described in Section 7 and to pay for the costs of preparing and administering such plan and the logging operations thereunder in accordance with sound logging practices . If such plan is not disapproved by Seller within ten ( 10) business days of the date it is submitted to Seller, it shall be deemed approved by Seller . Seller ' s approval of such plan shall not be unreasonably withheld, provided the plan satisfies the criteria set forth above. If such plan is approved, it shall be implemented as provided by the terms of the plan and shall supercede all other logging operations on Parcels 1-B and 2 to the extent provided in such plan. The District and Seller have reason to believe that Big Creek Lumber Company may have harvested more timber than is permitted pursuant to the terms of the Original Agreement . Seller agrees to immediately commence an audit and accounting of the volume of timber cut and/or removed and of the payments received therefor. The District shall receive copies of all correspondence and shall be invited to send a representative to all meetings held for the purposes of establishing an accurate accounting of the harvesting operations which have been conducted to date. Such audit and accounting shall be completed on or before November 30, 1986 . To the extent that timber harvesting has been in excess of that permitted pursuant to the terms of the Original Agreement, an additional condition to Closing shall be that the District and Seller enter into an agreement as to the manner of handling the matter. Seller agrees not to enter into any settlement with Big Creek Lumber Company without the consent of the District . 9 . 'Seller ' s Title. 9 . 1 Burger Option Parcels . The parties acknowledge that portions of Parcel 2 (more specifically described as Parcels III , IV and V under "Parcel 2" ) and "Parcel 2-A" on the legal description of the Property attached as EXHIBIT B have been conveyed by a recorded deed from Seller to Richard T. Burger . Seller hereby represents and warrants to District that Seller has the option to repurchase all of said property. Seller further represents and warrants to District and covenants and agrees that prior to the Closing, it will exercise its option to repurchase said property such that Seller shall have, as of the date of Closing, good, marketable, and indefeasible fee title (as required under Section 12 . 3) to all of the Property and the interests therein to be conveyed to District under this Agreement . 9 . 2 Consents of Third Parties . Seller hereby represents and warrants to District and covenants and agrees that prior to the Closing, it will secure all necessary consents of all necessary third parties to the transactions contemplated herein, such that Seller shall have, as of the 24 Closing, good, marketable, and indefeasible fee title (as required under Section 12 . 3) to all of the Property and the interests therein to be conveyed to District under this Agreement . 10 . Indemnification by Seller . In order to induce District to enter into this Agreement , each Seller, jointly and severally, agrees to and hereby does indemnify and hold harmless District from and against any and all losses , claims, demands , damages, suits , litigations, liabilities, obligations , costs and expenses ( including costs of eminent domain proceedings and attorneys , fees, if any, of District) of any kind, nature or description ( "Claims") arising out of or relating to Seller ' s breach of this Agreement ( including, without limitation, Seller ' s inability, for any reason whatsoever to convey title to the Property interests to District in the manner required in this Agreement) , or of provision of any of the Exhibits hereto, including, without limitation, any unauthorized grading or felling of trees or other damage to any property interest of the District which is subject to this Agreement or the Exhibits hereto . Seller acknowledges that Seller has carefully reviewed the provisions of this Section 10 with his legal counsel and that he understands the contents thereof . In order to evidenc such careful review and understanding by Seller, Alan Hosking has placed his initials in the right margin hereof in the circle provided for such purpose . District shall have the right to offset the amount of any and all Claims against any and all amounts owing by District to Seller under this Agreement or otherwise ( including, without limitation, all amounts described in Sections 3 and 4 of this Agreement) . No extension, forbearance, nor other act or omission of any kind with respect to any Claim, or relating to this Agreement shall affect the continuing and unconditional joint and several obligation of each Seller to pay the indemnification hereunder . All rights and remedies of District under this Section shall be in addition to and shall in no way diminish or affect any other available right or remedy of District under this Agreement, at law or in equity, or otherwise, and all of such rights and remedies shall be cumulative and may be enforced concurrently and from time to time. No forbearance, indulgence or delay or failure to exercise any right or remedy available to District under any agreement or under applicable law shall operate as a waiver thereof, nor as an acquiescence in any default by Seller nor shall a single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy available to District under any agreement or under applicable law. 25 11. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and the escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein ( including, without limitation, the provisions of Section 10) . Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 12 . Seller ' s Re2resentations and Warranties . For the purpose of inducing District to enter into this Agreement and to consummate the sale and purchase of the Property interests in accordance herewith, Seller jointly and severally represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing : 12 . 1 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder . 12 .2 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Property interests described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles , bylaws or corporate resolutions of Corporation. 12 . 3 Good Marketable Title. Seller will have at the Closing Date good, marketable and indefeasible fee simple title to the interests in the Property to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 12 .4 No Undisclosed Leasehold Interests . There exist no oral or written leases or rental agreements affecting all or any portion of the Property (except as expressly provided in the Barn Area Lease) nor are there persons 26 --J occupying or entitled to occupy all or any portion of the Property (except as expressly provided in the Barn Area Lease) (provided, however, that Seller makes no representation with regard to persons who may be trespassers on the Property without Seller ' s knowledge) . Seller further warrants and agrees to hold District free and harmless from and against 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 ( including, without limitation, relocation payments and expenses provided for in Section 7260 et seg. of the California Government Code) . 13 . waiver of Statutory Compensation. Seller understands that it may be entitled to receive the fair market value of the Property interests purchased by District under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267, et seg. 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 interests purchased by District under any applicable federal or California law. 14 . Miscellaneous Provisions . 14 . 1 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 14 . 2 Attorneys '_ Fees . If either party hereto incurs any expense, including attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment . In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party expenses and attorneys ' fees . 14 . 3 Amendment and Waiver . The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; ( ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any 27 documents delivered pursuant hereto; ( iii) waive compliance by the other party with any of the covenants contained in this Agreement or the- performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing . 14 .4 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right , power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 14 . 5 Notices . All notices, consents, approvals, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Seller : Alan Hosking c/o The Alan Hosking Ranch, Inc . 16060 Skyline Boulevard Woodside, CA 94062 (415) 851-7379 Copy to: David W. Lively, Esq. Olimpia, Whelan & Lively 152 N. Third Street , Ninth Floor San Jose, California 95112-5560 (408) 971-7252 District: Midpeninsula Regional Open Space District Old Mill Office Center, Building C 201 San Antonio Circle, Suite 135 Mountain View, California 94040 Attn: Herbert Grench, General Manager (415) 965-4717 Copy to : Stanley R. Norton, Esq . Attorney at Law 407 Sherman Avenue Palo Alto, California 94306 (415) 324-1366 28 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement, shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 14 . 6 Disclaimer of Representations . District and Seller agree that, except as specifically provided herein, neither Seller, nor any of its employees, representatives or agents has made any representations, warranties or agreements as to any matters concerning the Property which are not contained in this Agreement, including, without limiting the generality of the foregoing, the condition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by District . District agrees to purchase and Seller agrees to deliver the interests in the Property as described herein at the Closing in an "as is" condition without reliance by District on any express or implied warranties of any kind, except those express representations and warranties specifically provided herein. 14 . 7 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties , the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions of this Agreement with valid and enforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 14 . 8 Counterparts . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument . 29 14 . 9 Waiver . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . 14 . 10 Original Agreement ; Exhibits; Entire Agreement . Except as modified by this Agreement, the Original Agreement shall be and remain unmodified and in full force and effect . Each of the Exhibits attached hereto is incorporated herein by this reference. This Agreement , including said Exhibits, and 'the Original Agreement, as modified by this Agreement, are intended by the parties to be the final expression of their agreement; they embody the entire agreement and understanding between the parties hereto; they constitute a complete and exclusive statement of the terms and conditions thereof; and they supersede any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the subject matter hereof . 14 . 11 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element . 14 . 12 Survival of Covenants , Representations and Warranties . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all written representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 14 . 13 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party, which approval shall not be unreasonably withheld. 14 . 14 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 14 . 15 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto . 30 14 . 16 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 14 . 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 14 . 18 Broker ' s Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages , claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. 14 . 19 Like Kind Exchange. District understands that Seller intends to effect a like kind exchange, pursuant to Section 1031 of the Internal Revenue Code, of the Property for other property to be designated by Seller . District agrees to cooperate with Seller to effect such exchange by performing all acts necessary therefor, including, without limitation, taking title to the exchange property; provided, however, that District shall not be obligated to incur any additional expense in connection with the performance of its obligations under this Section 14 . 19 . 14 . 20 Legal Fees . District and Seller shall each bear their own respective legal expenses incurred in connection with the negotiation and consummation of the transactions contemplated by this Agreement . 15 . Acceptance. District shall have until October 25, 1986 , to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey to District the interests in the Property described herein 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 Dollars ($10 . 00) . Provided that this Agreement is accepted and executed by District, this transaction shall close in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed with the intent and I 31 c agreement that the same shall be effective as of the day and year first above written . District Seller MIDPENINSULA REGIONAL OPEN THE ALAN HOSKING RANCH, INC . SPACE DISTRICT, a Public ( formerly known as RANCHO District CANADA DE VERDE, INC . ) , a California corporation ACCEPTED FOR ECOMMENDATION: By �2L 0- 6 , Alan Hosking , President L. Craig Britton ALAN HOSKING Land Acquisition Manager Date : October 1986 APPROVED AS TO FORM: St nley No ton, District Counsel APPROVED AND ACCEPTED: President , Board of Directors ATTEST: District Clerk Date : 32 t EXHIBIT A TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY �; I 11 -ICY If + + • r \1 t � ./ 3.8 a Theresa's Lot �' `l i�• _Gres q `'' r 1 Private � M ., ��: ��•i:,h. --_ •'ems -�e. \, , y�•... . , - ' Pro pert t 1`' � . +•+��, d, Life Estate 5.7 acres 1 `•' S RR / :• Parcel Anlr --�•. +'�% (515.45 acres) ►' :;.,, ' 1 Parcel C-1 /. Parcel 1-A 'f! %•"; : �- 300 acres) �` (36 acres) . smog' /r r��, � t ��•' �;` _ �: •� Developed Parcel B _, Spring (80.0 acres) h / W 00 ! 16 '!-, / � s.!•,.i. ' `•' u Parcel C-2 \ r• :/ ;:/', : " (74 acres) ;• '/ - / Road 6 Trail Easement, if 'gyp � �• %' / 1,�� � O /) are Parcel 2 ' / ' /./' v ''.' \. � � ,• '� (888.6 acres) Q� \ /: Barn Corporation (5 acres) Yard- • Area _, , \ r2oo . , • � -•• / `� ` FPS6" J 100, r \ _ ( 1 1t•t!1.1!!\ � _Parcel 1-B (887 acres) ` C I- a Bear Gulch. JJ_ •. I �...,:.•, /" '''1 Area •r c 9 rai s• r O , t Parcel 2-A `` r �• •:�.� is )• c° / � � • ��, � • ,\ , a i ( 1 .t•- :1; r NO H ' Scale 1" = 1500' trio u (' 8610 .03 9838H Exhibit B to Agreement for Transfer of Interests in Real Property LEGAL DESCRIPTION OF PARCELS 1-A, 1-B, C-1 , C-2, 2, 2-A AND LIFE ESTATE The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: "PARCEL 1-A" The land herein referred to is situated in the State of California, County of San Mateo, and is a portion of all that land now or formerly owned by Rancho Canada De Verde , Inc. as said lands are described in that Trustee 's Deed recorded February 26, 1974 in Book 6559 of Official Records at Page 605 ( File No . 18836AH) , Records of San Mateo County, California , and said portion being more particularly described as follows: Parcel I COMMENCING at a point on the southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" , Division IV, Route 55, Section C, San Mateo County, said point of commencement being distant 107. 46 feet along the arc of a curve (concave to the northeast and having a radius of 650 .00 feet and a central angle of 90 281 20" ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer ' s Centerline Station "A" 472+72 P. O.T. of said Highway (the bearing of said centerline at said Station being North 670 141 37" West) ; thence from said point of commencement and leaving said Southwesterly right of way line of Skyline Boulevard North 880 531 16" West 1397 . 17 feet ; thence South 290 361 50* West 1400 feet more or less to a point on the northerly line of either Section 20 or Section 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian, said point being the TRUE POINT OF BEGINNING of the parcel to be described; thence from said TRUE POINT OF BEGINNING South 290 361 50" West 2050 .00 feet ; thence West 4300 feet more or less to a point on the Westerly line , of said Section 20 ; thence northerly along the Westerly line of said Section 20 to the Northwest corner thereof; thence easterly along the Northerly line (s ) of said Section 20 and (if necessary) said Section 21 to the TRUE POINT OF BEGINNING. Parcel II BEGINNING at the northwest corner of Section 19 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian; running thence from said point of Beginning along the Northerly line of said Section 19 to the Northeasterly corner thereof; thence along the Easterly line of said Section 19 to the intersection thereof with the centerline of Star Hill Road; thence leaving said Easterly line and running thence in a general northwesterly direction along said centerline to the intersection thereof with the centerline of Native Sons Road; running thence in a general southwesterly direction along the centerline of Native Sons Road to the intersection thereof with the Westerly line of said Section 19 ; thence leaving last said centerline and running north along the Westerly line of said Section 19 to the point of beginning. Assessor Parcel Numbers for Parcels I and II of PARCEL 1-A: 072-350-050 (PTN. ) 081-110-030 i " PARCEL 1-B " BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Division IV, Route 55, Section C, San Mateo County, said point of beginning being distant 107. 46 feet along the arc of a curve (Concave to the Northeast and having a radius of 650 .00 feet and a central angle of 90 28' 20" ) from a concrete monument marking the end of a curve point in said right of way line opposite Engineers Centerline Station "A" 472+72 P. O.T. of said Highway ( the bearing of said centerline at said Station being North 670 14' 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 53' 16" West 1397.17 feet; thence South 29° 36' 50" West 7223.66 feet to a point on the Northerly line of San Gregorio Rancho; thence along said Northerly line South 890 23' 16" East 4269 .99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho; South 10 06' 44" West 121. 43 feet to the Southerly line of said Section 21; thence along said Southerly line South 880 53' 16" East 3154.62 feet to a point on said line which is distant North 880 53' 16" West 495 .00 feet from the Southeast corner of said Section 21 , and last said point also being a point in the centerline of Bear Gulch Road (County Road No. 48) ; thence leaving said section line along the centerline of Bear Gulch Road the following courses; South 38° 15' West 48 .00 feet, South 490 43' West 75 .50 feet, South 300 50' West 55 .00 feet, South 120 15' West 58.00 feet, South 60 00' East 256 .00 feet, South 40 20' West 39 .82 feet, South 15° 10' West 222.62 feet, South 80 30' East 51.00 feet, South 320 30' East 42.00 feet, South 570 50' East 103.50 feet, South 790 00' East 38 .00 feet, North 720 40' East 60 .00 feet, South 770 20' East 34.50 feet, South 470 00' East 47 .00 feet, South 73° I i I s 40' East 26 .00 feet, North 790 00' East 55 .00 feet, South 660 551 East 36.64 feet, South 500 30' East 71.00 feet, South 60" 1 O 1 C E 36 00 feet South 19 35 East 00 East $1 .00 feet, South 40 , 001 East 98 .00 feet, South 450 001 East 48. 30 feet, and South 670 301 East 30 feet, more or less , to the Easterly line of Section 28, Township 6 South , Range 4 West, Mount Diablo Base which and Meridian, at a point on said Line w hi is Southerly 1123 feet, more or less , from the Northeasterly corner of said Section 28; thence Southerly along said Easterly line of Section 28 to the Southeast corner of the Northeast quarter of last said Section; thence Westerly along the South line of said Northeast quarter to a point on the boundary line of the lands described in the Deed from G. A. Davis , et ux, to Charles J. Kostbade and Dorothy Kostbade, recorded March 17 , 1953 in Book 2382 of Official Records at page 729 ( File No . 66957-K) , Records of San Mateo County, California; thence Northerly and Westerly along the boundary of said lands of Kostbade to the East line of the San Gregorio Rancho; thence Southerly along said East line to the Southeast corner of lands described as Parcel Five in the Deed from John S. Wickett, et al , to Skyline Tree Farm, Inc . , dated June 23 , 1960 and recorded June 24, 1960 in Book 3815 of Official Records at page 331 (File No . 65920-5 ) , Records of San Mateo County, California; thence along the Southerly line of said Parcel Five, and along the Southerly lines of Parcel Three and Parcel Four of the above-described Deed, in a general Westerly direction to the Southeast Corner of Parcel Two of said Deed ; thence along the Southeasterly line of said Parcel Two, Southwesterly to the South corner thereof; thence along the Westerly line of said Parcel Two in a general Northerly direction to the Northwest corner of said Parcel Two on the Nr.. th line of San Gregorio Rancho; thence Westerly along said North line to a Northwest corner thereof ; said point also being the Southeast corner of Section 24, Township 6 South , Range 5 West, M. D. B. & M. ; thence Westerly along the Southerly line of said Section 24 to the Southwest corner of the Southeast quarter of said section; thence Northerly along the North and South quarter section line to the Northwest corner of the South half of said Southeast quarter of Section 24; thence Easterly along the Northerly line of said South half of the Southeast quarter of Section 24 to the East line of said Section; thence Northerly along the East line of said Section 24 to the Southwest corner of Section 18, Township 6 South, Range 4 West, M.D. B. & M. ; thence Easterly along the South line of said Section 18 and along the South line of Section 17 , to the South quarter corner of said Section 17; thence Northerly along the North and South quarter Section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard ; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning . ALSO INCLUDING THEREIN all that portion of Lot 1 of Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett et al , to Pacific Telephone and Telegraph Co. , a corporation , by Deed recorded May 23, 1960 in Book 3798 of Official Records at page 738 ( File No . 57354-S ) , Records of San Mateo County, California . ALSO EXCEPTING THEREFROM that portion thereof lying Westerly of the centerline of Star Hill Road and Southerly of the centerline of Native Sons Road. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett , a single man by Deed recorded May 9 , 1980 in Reel 7958 at Image 1478 ( File No . 47074-AP) . ALSO EXCEPTING THEREFROM portions of Lots I and II in Section 16 , Township 6 South , Range 4 West, Mount Diablo Base and Meridian , and a portion of the Rancho Canada Raymundo, being more particularly described as follows: BEGINNING at the Southwesterly corner of said Lot I in Section 16 , and running thence Northerly along the Westerly boundary line thereof 1800 feet , more or less , to the Southwesterly boundary line of Skyline Boulevard, 100 feet wide as established by that certain Deed from J. B. Perry to the State of California , dated March 25, 1924 and recorded July 3 , 1925 in Book 172 of Official Records of San Mateo County at page 309 ( File No . 41049-A) , thence along said Southwesterly boundary of Skyline Boulevard in a general Southeasterly direction 1900 feet, more or less , to the intersection thereof with the Easterly boundary line of said Lot I ; thence Southerly along said Easterly boundary line, 948 feet, more or less , to the Northerly corner of said Lot II, thence Southeasterly along the Easterly boundary line of said Lot 11, 100 feet, more or less , to the Easterly prolongation of the Southerly boundary line of said Lot I; thence Westerly along said prolongation and said Southerly boundary line , 1650 feet , more or less , to the point of beginning. ALSO EXCEPTING THEREFROM so much of said property as lies Northerly of the Northerly line of Sections 20 and 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM the property described below as "Parcel I" and "Parcel II", being a portion of that land now or formerly owned by Rancho Canada De Verde, Inc. as said lands are described in that Trustee 's Deed recorded February 26, 1974 in Book 6559 of Official Records at Page 605 ( File No. 18836AH) , Records of San Mateo County, California, and said portion being more particularly described as follows; Parcel I COMMENCING at a point on the southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard", Division IV, Route 55 , Section C, San Mateo County, said point of commencement being distant 107.46 feet along the arc of a curve (concave to the northeast and having a radius of 650 .00 feet and a central angle of 90 28 ' 200 ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's Centerline Station "A" 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 141 37" West) ; thence from said point of commencement and leaving said Southwesterly right of way line of Skyline Boulevard North 880 53' 16" West 1397 . 17 feet; thence South 290 36 ' 50" West 1400 feet more or less to a point on the northerly line of either Section 20 or Section 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian, said point being the TRUE POINT OF BEGINNING of the parcel to be described; thence from said TRUE POINT OF BEGINNING South 290 361 500 West 2050 .00 feet; thence West 4300 feet more or less to a point on the Westerly line of said Section 20; thence northerly along the Westerly line of said Section 20 to the Northwest corner thereof; thence easterly along the Northerly line (s ) of said Section 20 and (if necessary) said Section 21 to the TRUE POINT OF BEGINNING. Parcel II BEGINNING at the northwest corner of Section 19 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian; running thence from said point of Beginning along the Northerly line of said Section 19 to the Northeasterly corner thereof; thence along the Easterly line of said Section 19 to the intersection thereof with the centerline of Star Hill Road; thence leaving said Easterly line and running thence in a general northwesterly direction along said centerline to the intersection thereof with the centerline of Native Sons Road; running thence in a general southwesterly direction along the centerline of Native Sons Road to the intersection thereof with the Westerly line of said Section 19; thence leaving last said centerline and running north along the Westerly line of said Section 19 to the point of beginning. Assessor Parcel Numbers for PARCEL 1-B: 072-350-050 (PTN. ) 072-360-030 075-350-010 "PARCEL C-l" BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Division IV, Route 55, Section C, San Mateo County , said point of beginning being distant 107 . 46 feet along the arc of a curve (concave to the Northeast and having a radius of 650 .00 feet and a central angle of 90 28' 20" ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station " A" 472+72 P. O. T. of said Highway (the bearing of said centerline at said Station being North 67o 141 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 53' 16" West 1397 . 17 feet; thence South 290 36 ' 50" West to a point on the Southerly line of Section 16 being also the Northerly line of Section 21 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard ; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning . ALSO INCLUDING therein all that portion of Lot 1 of Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian , that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section ' " , Township 6 South, Range 4 West, Mount Diablo Base and Meridian . c� Il ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett, et al , to Pacific Telephone and Telegraph Co. , a corporation, by Deed recorded May 23, 1960 in Book 3798 of official Records at page 738 ( File No. 57354-5) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man, by Deed recorded May 9, 1980 in Book 7958 of official Records at page 1478 (File No. 47074-AP) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all that land lying Southerly of the Southerly right of way of the old Road. ALSO EXCEPT all oil, gas, oil shale, coal , phosphate, sodium, gold, silver, and all other metals and minerals of every character lying and being within or under that portion of the above-described land lying within Rancho Canada de Raymundo, Plat No . 15 , as excepted and reserved in the Deed from regents of the University of California, recorded January 10, 1947, in Book 1314 of official Records at page 333 (File No. 45049-G) , Records of San Mateo County, California. ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above-described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at page 605 ( File No. 62489-J) , Records of San Mateo County, California. Assessor Parcel No. : 067-340-010 067-340-020 (PTN. ) 067-340-090 (PTN. ) i " PARCEL C-2" BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Division IV, Route 55, Section C, San Mateo County, said point of beginning being distant 107. 46 feet along the arc of a curve (concave to the Northeast and having a radius of 650 .00 feet and a central angle of 9° 281 20" ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station *A* 472 72 P.O. T. of said Highway (the bearing of said centerline at said Station being North 67° 141 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 88° 531 16" West 1397 .17 feet; thence South 290 361 50" West to a point on the Southerly line of Section 16 being also the Northerly line of Section 21, Township 6 South, Range 4 West, Mount Diablo Base and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning. ALSO INCLUDING therein all that portion of Lot 1 of Section 16, Township 6 South , Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. Z EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section 17 , Township 6 South , Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett , et al , to Pacific Telephone and Telegraph Co. , a corporation , by Deed recorded May 23, 1960 in Book 3798 of Official Records at page 738 ( File No . 57354-S ) , Records of San Mateo County, California . ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett , a single man , by Deed recorded May 9 , 1980 in Book 7958 of official Records at page 1478 ( File No . 47074-AP) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all that land lying Northerly of the Southerly right of way of the Old Road. ALSO EXCEPT all oil , gas , oil shale, coal , phosphate , sodium, gold , silver , and all other metals and minerals of every character lying and being within or under that portion of the above-described land lying within Rancho Canada de Raymundo , Plat No . 15 , as excepted and reserved in the Deed from regents of the University of California , recorded January 10 , 1947 , in Book 1314 of official Records at page 333 ( File No . 45049-G) , Records of San Mateo County, California. ALSO EXCEPT an undivided 1/ 2 interest in and to all mineral and oil rights in a portion of the above-described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28 , 1951 in Book 2135 of Official Records at page 605 ( File No . 62489-J) , Records of San Mateo County, California . Assessor Parcel No . : 067-340-020 PTN. 067-340-040 067-340-060 067-340-090 (PTN. ) PARCEL 2 Parcel I Portions of Sections 16 , 20 , 21, 22 and 28 , Township 6 South, Range 4 West, Mt. Diablo Base and Meredian and a portion of Rancho Canada de Raymundo, being more particularly described as follows: BEGINNING at a concrete monument set in the Southwesterly line of the 100 foot right of way of the State Highway known as "SKYLINE BOULEVARD" , Division IV, Route 55 , Section C, San Mateo County, marking the end of a curve point in said right of way line opposite Engineers Station "A" 472+12.72 P.O.T. in the center line of said Highway; thence from said point of beginning, from a tangent that bears North 670 14 ' 37" West along the arc of a curve to the right, having a radius of 650 feet and a central angle of 90 28 ' 200 , an arc distance of 107.46 feet; thence leaving said Southwesterly right of way line of Skyline Boulevard, North 880 53 ' 16" West 1397 .17 feet; thence South 290 36' 50" west 7223.66 feet to a point on the Northerly line of San Gregorio Rancho; thence along said Northerly line, South 890 23' 16" East 4269 .99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho, South 10 06' 44" West 121 .43 feet to the Southerly line of said Section 21; thence along said Southerly line, South 880 53' 16" East 3154 .62 feet to a point on said line which is distant North 880 53 ' 16" West 495 .00 feet from the Southeast corner of said Section 21, and last said point also being a point in the center line of Bear Gulch Road (County Road No. 48) ; thence leaving said section line, along f the center line of Bear Gulch Road, the following courses; South 380 15' West 48.00 feet, South 490 43' West 75 .50 feet, ' South 12° 15' West 58 .00 feet South 30 50 West 55 .00 feet, South 60 00' East 256.00 feet, South 4° 20' West 39.82 feet, South 150 10' West 22.62 feet, South 80 30' East 51 .00 feet , Sr outh 320 30' East 42.00 feet South 570 50' East 103. 50 feet, South 790 00' East 38 .00 feet, North 720 40' East 60 .00 feet , South 770 20' East 34. 50 feet, South 470 00' East 47.00 feet, South 730 40' East 26 .00 feet, North 79° 00' East 55 .00 feet , South 660 55' East 36.64 feet, South 500 30' East 71.00 feet, South 600 00' East 81 .00 feet, South 40° 35' East 36 .00 feet , South 190 00' East 98 .00 feet, South 450 00' East 48. 30 feet and South 670 30' East 30 feet , more or less , to the Easterly line of Section 28; thence along said Easterly line of Section 28, Northerly 1123 feet , more or less , to the Southeasterly corner of said Section 21; thence Northerly, along the Easterly line of Section 21, to the Northeasterly corner of the Southeasterly quarter of said Section 21; thence Easterly, along the East and West quarter section line running through section 22, to intersect with said Southwesterly line of Skyline Boulevard ; thence Northwesterly , along said Southwesterly line of Skyline Boulevard, to the point of beginning. EXCEPTING THEREFROM a portion of Section 28, Township 6 South , Range 4 West, Mount Diablo Base and Meridian, described in the Deed from Cherokee Properties Inc. , a corporation , to Robert M. Scarlett and wife , dated December 15 , 1965 and recorded December 21, 1965 in Book 5083 of Official Records , page 72 ( File No. 22244-Z ?. ALSO EXCEPT all oil , gas , oil shale, coal , phosphate sodium, gold , silver , and all other metals and minerals of every 14 II j character lying and being within or under that portion of the above described land lying within Rancho Canada de Raymundo , Plat No . 15 , as excepted and reserved in the Deed from the Regents of the University of California recorded January 10 , 1947 in Book 1314, official Records at page 333 ( 45049-G) . ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land , as reserved in the Deed from Adam Bianchi & Sons , a Co-Partnership, recorded September 28 , 1951 in Book 2135 of Official Records at page 605 ( 62489-J) . ALSO EXCEPTING THEREFROM all of Parcel M, as said Parcel is designated on the map entitled: " PARCEL MAP OF A RESUBDIVISION OF THE SOUTHEASTERLY 1/4 of SEC. 21, TOWNSHIP 65, R. 4W., M. D. B. & M. BEING A PORTION OF THE LAND DESCRIBED IN VOLUME 6582 OFFICIAL RECORDS AT PAGE 647, SAN MATEO COUNTY, CALIFORNIA' , filed in the office of the County Recorder of the County of San Mateo, State of California , on January 23 , 1978 in Book 40 of Parcel Maps at Pages 42 and 43. FURTHER EXCEPTING THEREFROM all of Parcels I and IV as said Parcel is designated on the map entitled *PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 16, 21 , & 22 T6S,R. 4W, M. D. B. & M. , AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A PORTION OF THE LAND DESCRIBED IN VOL. 6582 OFFICIAL RECORDS, PAGE 647, SAN MATEO COUNTY, CALIFORNIA" , which Parcel Map was filed in the office of the Recorder of the County of San Mateo , State of California on March 17 , 1978 in Book 41 of Parcel Maps at Pages 29 , 30 and 31 . 15 Parcel II A NON-EXCLUSIVE EASEMENT for ingress and egress over portion of Parcel *M' as shown on that certain map entitled, PARCEL MAP OF A RESUBDIVIS ION OF THE S. E. 1/4 of SEC. 21 T. 6 . S. , R. 4W. M. D. B. & M. , BEING A PORTION OF THE LANDS DESCRIBED IN VOL. 6582 OFFICIAL RECORDS AT PAGE 647 SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on January 19 , 1978 in Volume 40 of Parcel Maps at Pages 42 and 43. Said Easement being more particularly described as that portion of said Parcel 'M' lying within the 50 foot road shown on the above mentioned Parcel Map; the centerline of which is designated *C EXISTING ROADBED & PROPOSED 501 INGRESS AND EGRESS EASEMENT FOR THE BENEFIT OF PARCEL L" . Parcel III PARCEL 1 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL "M' AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43, AND DESCRIBED IN 7714 O.R. 1495 , SAN MATEO COUNTY, CALIFORNIA, " filed in the office of the County Recorder of San Mateo County, State of California on January 9 , 1980 in Volume 48 of Parcel Maps at pages 92 and 93. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28 , 1951 , in Book 2135 of Official Records at page 605 ( File No . 62489-J) . Parcel IV A portion of Sections 21 and 22, Township 6 South , Range 4 West, Mt. Diablo Base and Meridian, being more particularly described as follows: All that portion of Lot 2 as lies within said above mentioned Sections and which said Lot 2 is shown on that certain map entitled "DIVISION OF ARATA RANCHO",, filed in the office of the County Recorder of San Mateo County, State of California on March 4 , 1899 in Book B of Maps at page 10 and copied into Volume 2 of Maps at page 99 as lies Westerly of the Westerly line of the 100 foot right of way of the State Highway known as "Skyline Boulevard", Division IV, Route 55, Section C,, San Mateo County, and being bounded on the North and West by Parcels II and IV as shown on that certain map recorded on March 17 , 1978 in Volume 41 of Parcel Maps at pages 29, 30 and 31 , on the South by Parcel * L* and Parcels 1 and 2 as shown on those two ( 2) maps recorded on January 23 , 1978 in Volume 40 of Parcel Maps at pages 42 and 43 and on April 10 , 1974 in Volume 24 of Parcel Maps at page 22, respectively. Parcel V Parcel IV as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 16, 21 & 22, T 6 S. , R 4 W, M. D. B. & M. r AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A PORTION OF THE LAND DESCRIBED IN VOL. 6582 O. R. PG. 647, SAN MATEO COUNTY, CALIFORNIA* ,, filed in the office of the County Recorder of San Mateo County, State of California on March 17 , 1978 in Book 41 of Parcel Maps at pages 29 , 30 and 31 . 17 i i I Assessor 's Parcel Numbers For Parcels I through V of Parcel 2 : 072-350-020 072-320-200 072-350-030 072-320-220 072-350-070 072-320-230 072-320-020 072-320-250 072-320-060 072-320-260 072-320-110 072-320-280 072-320-160 072-320-210 072-320-180 072-320-190 " PARCEL 2-A" Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43, AND DESCRIBED IN 7714 O.R. 1495 , SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on January 9 , 1980 in Volume 48 of Parcel Maps at pages 92 & 93. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at Page 605 ( File No . 62489-J) . Assessor Parcel No. : 072-320-290 " LIFE ESTATE" All that portion of Parcels 13 , 15 & 16 lying westerly of the westerly line of Star Hill Road as the same are shown on that certain map entitled "COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 S. , R. 4 W. , M.D. B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29 , 1971 in Book 14 of Parcels Maps at pages 20 and 21. 8610 . 15 9834H EXHIBIT C-1 TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Old Mill Office Center , Building C 201 San Antonio Circle, Suite 135 Mountain View, CA 94040 Attention: L. Craig Britton MAIL TAX STATEMENTS TO THE ABOVE ADDRESS GRANT DEED THE ALAN HOSKING RANCH, INC. , a California corporation ( formerly known as RANCHO CANADA DE VERDE, INC. ) , and ALAN HOSKING, an individual (the foregoing corporation and individual are collectively referred to herein as the "Grantor* ) are the owners of certain real property situated in the unincorporated territory of the County of San Mateo, State of California, more particularly described in Exhibit "A* attached hereto and incorporated herein by this reference such real property being referred to herein as the 'Property*) . It is the desire of Grantor to grant to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (the "District' ) , such title and interest in and to the Property as is set forth hereinbelow. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to the District Grantor 's entire right, title and interest in and to the Property, as the same is described on Exhibit "A" attached hereto, subject to the remaining provisions of this Grant Deed. This Grant Deed is executed and delivered pursuant to the terms of that certain Agreement for Transfer of Interests in Real Property, dated October 17, 1986 , between the Grantor (referred to as 'Seller" therein ) and the District, as buyer (the 'Purchase Agreement" ) . Any capitalized terms used hereinbelow and not otherwise defined herein shall have the meanings defined in the Purchase Agreement. Pursuant to the terms of the Purchase Agreement, this Grant Deed is made and accepted on the express condition that the District, its sucessors and assigns, elect to retain ownership of the Property pursuant to the terms of the Purchase Agreement and that the District not later than August 15 , 1989 , through escrow, deliver to Grantor the total purchase price for the Property, which shall be Five Million Seven Hundred Twenty Thousand Dollars ($5 ,720 ,000) , subject to the credits and adjustments set forth in the Purchase Agreement. More specifically, Sections 3. 3.1 through 3. 3.3 and a portion of Section 3. 3. 4 of the Purchase Agreement are set forth below: 03. 3.1 Provided the District has made the payments required under Section 4 hereof, the District may, on or before March 1, 1989 and at its option, give Seller written notice of its intention to retain ownershi of Parcel 1-B [ such p "Parcel 1-B" being the "Property" as defined in this Grant Deed] . If District fails to give such notice on or before March 1, 1989, Seller shall on or after March 1, 1989 demand that District give notice as to its intentions. If District then fails to give notice within 14 calendar days following Seller 's demand therefor , District shall be deemed to have elected not to retain ownership of Parcel 1-B. "In the case that District elects to so retain ownership of Parcel 1-3, provided the District has made the payments required under Section 4 of this Agreement, District shall deliver to Seller, through escrow, as provided below in this Agreement not later than August 15 , 1989 , the total purchase price for Parcel 1-B which shall be Five Million Seven Hundred Twenty Thousand Dollars ($5 ,720 ,000 ) , subject to the credits and adjustments set forth herein, payable as follows: " (a ) A downpayment in cash of Two Million one Hundred Ninety-Five Thousand Dollars ($2,195 ,000) , less (i ) any credits for Federal Land Bank loan payments made by District, (ii) a credit in an amount equal to interest at the rate of twelve percent (12%) per annum on each Federal Land Bank loan payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcel 1-B hereunder, (iii ) a credit in the amount of $345,000 for the payment to be made pursuant to Section 4.1 hereof, (iv) any credits for Herzer Corporation payments made by District, (v ) a credit in an amount equal to interest at the rate of twelve percent (12%) per annum on each Herzer Corporation payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcel 1-B hereunder , and (vi) any other credits and offsets provided in this Agreement; and " (b ) A purchase money Secured Promissory Note in the principal amount of Three Million Five Hundred Twenty-Five Thousand Dollars ($3,525 ,000) (less any credits and offsets provided in this Agreement) , bearing interest at the rate of eight percent (8%) per annum, payable in ten (10) equal annual payments so as to be fully amortized over a ten year period, and in the form attached as EXHIBIT I-C, secured by a Deed of Trust in the form of EXHIBIT I-D. 03. 3. 2 If District elects not to retain ownership of Parcel 1-B, District shall immediately reconvey Parcel 1-B to Seller , subject only to the same conditions and encumbrances as when received and the provisions set forth below. Such reconveyance shall be effected not later than August 15, 1989 . The rights of Seller under this Section 3. 3.2 shall be subject to specific performance. 83. 3.3 Until District makes the cash payment specified in Section 3. 3.1 (a ) and delivers the Secured Promissory Note described in Section 3. 3.1 (b) , District shall hold title to Parcel 1-B subject to a fiduciary trust responsibility of reconveyance to Seller. Except as specifically set forth in the original Agreement and this Agreement, District shall not have any right, until it makes the election to retain ownership of Parcel 1-B in accordance with the provisions hereof, to transfer, encumber, or impose any conditions on Parcel 1-B or any part thereof. District further agrees not to change the zoning of Parcel 1-B or to cause any change in such zoning, and to cooperate with Seller 2 to prevent any such change in zoning until District makes the election to retain ownership of Parcel 1-B; provided, that District's obligation to cooperate shall be at no cost or expense to District. Notwithstanding the foregoing, District shall not be prohibited from using or taking any action necessary to maintain Parcel 1-B for public park, recreation, conservation and open space purposes. 03. 3. 4 If District elects not to retain ownership of Parcel 1-B, District shall execute, acknowledge and deliver to Seller , within ten (10 ) days of request thereforr, a Grant Deed, release or other appropriate document required by Seller or a title insurance company to verify the termination of District 's interest in Parcels 1-B. 2 and 2A.w MIDPENINSULA REGIONAL THE ALAN HOSKING, RANCH, INC. OPEN SPACE DISTRICT ACCEPTED AND APPROVED: By Alan Hoskingp President By President, Board of Directors AEAN HOSKING ATTEST: District Clerk Dated: State of California ss . County of Santa Clara On before me,, the undersigned, a Notary Public in and for said State, personally appeared ALAN HOSKING, known to me or proved to me on the basis of satisfactory evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same. WITNESS my hand and official seal . Signature: Name (typed or printed) State of California ) ss . County of Santa Clara ) On t before me, the undersigned, a Notary Public in and for said State, personally appeared ALAN HOSKING, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument , and acknowledged that he executed it. WITNESS my hand and official seal . Signature: Name (typed or printed) State of California ) ss . County of Santa Clara ) On r before me, the undersigned,, a Notary Public in and for said State, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the President of the Board of Directors of the Public District that executed the within instrument and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution. WITNESS my hand and official seal. Signature: Name (typed or printed) 4 EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION OF THE "PROPERTY" The land herein refered to is situated in the State of California, County of San Mateo, and is described as follows; BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as *Skyline Boulevard" Division IV, Route 55, Section C, San Mateo County, said point of beginning being distant 107.46 feet along the arc of a curve (Concave to the Northeast and having a radius of 650.00 feet and a central angle of 9" 28' 20" ) from a concrete monument marking the end of a curve point in said right of way line opposite Engineers Centerline Station 'A" 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 14' 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 53' 16" West 1397,17 feet; thence South 290 36' 50" West 7223.66 feet to a point on the Northerly line of San Gregorio Rancho; thence along said Northerly line South 890 23' 16" East 4269 .99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho; South 10 06' 44" West 121. 43 feet to the Southerly line of said Section 21; thence along said Southerly line South 880 53' 16" East 3154.62 feet to a point on said line which is distant North 880 53' 16" West 495 .00 feet from the Southeast corner of said Section 21 , and last said point also being a point in the centerline of Bear Gulch Road (County Road No. 48) ; thence leaving said section line along the centerline of Bear Gulch Road the following courses; South 38° 15' West A .00 feet, South 49° 43' West 75 .50 feet, South 300 50' West 55 .00 feet, South 120 15' West 58.00 feet, South 6° 00' East 256 .00 feet, South 40 20' West 39 .82 feet, South 150 10' West 222.62 feet, South 80 30' East 51.00 feet, South 320 30' East 42.00 feet, South 57° 50' East 103.50 feet South 79° w, 00' East 38 .00 feet, North 720 40' East 60 .00 feet, South 770 20' East 34.50 feet, South 470 00' East 47.00 feet, South 730 40' East 26 .00 feet, North 790 00' East 55 .00 feet, South 661, 55' East 36.64 feet, South 500 30' East 71.00 feet, South 600 00' East 81 .00 feet, South 400 35' East 36 .00 feet, South 19° 00' East 98.00 feet, South 450 00' East 48. 30 feet, and South 670 30' East 30 feet , more or less , to the Easterly line of Section 28, Township 6 South, Range 4 West, Mount Diablo Base and Meridian, at a point on said line which is Southerly 1123 feet more or less from the Northeasterly corner of said i Section 28; thence Southerly along said Easterly line of Section 28 to the Southeast corner of the Northeast quarter of last said Section; thence Westerly along the South line of said Northeast quarter to a point on the boundary line of the lands described in the Deed from G. A. Davis , et ux , to Charles J. Kostbade and Dorothy Kostbade, recorded March 17 , 1953 in Book 2382 of Official Records at page 729 ( File No . 66957-K) , Records of San Mateo County, California; thence Northerly and Westerly along the boundary of said lands of Kostbade to the East line of the San Gregorio Rancho; thence Southerly along said East line to the Southeast corner of lands described as Parcel Five in the Deed from John S. Wickett, et al, to Skyline Tree Farm, Inc . , dated June 23 , 1960 and recorded June 24, 1960 in Book 3815 of Official Records at page 331 (File No . 65920-5 ), Records of San Mateo County, California; thence along the Southerly line of said Parcel Five, and along the Southerly lines of Parcel Three and Parcel Four of the above-described Deed, in a general Westerly direction to the Southeast Corner of Parcel Two of said Deed ; thence along the Southeasterly line of said Parcel Two, Southwesterly to the South corner thereof; thence al• ng the Westerly line of said Parcel Two in a general Northerly direction to the Northwest corner of said Parcel Two on the North line of San Gregorio Rancho; thence Westerly along 2 i said North line to a Northwest corner thereof; said point also being the Southeast corner of Section 24, Township 6 South, Range 5 West, M. D. B. & M. ; thence Westerly along the Southerly line of said Section 24 to the Southwest corner of the Southeast quarter of said section; thence Northerly along the North and South quarter section line to the Northwest corner of the South half of said Southeast quarter of Section 24; thence Easterly along the Northerly line of said South half of the Southeast quarter of Section 24 to the East line of said Section; thence Northerly along the East line of said Section 24 to the Southwest corner of Section 18, Township 6 South, Range 4 West, M.D.B. & M. ; thence Easterly along the South line of said Section 18 and along the South line of Section 17, to the South quarter corner of said Section 17; thence Northerly along the North and South quarter Section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard ; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning . ALSO INCLUDING THEREIN all that portion of Lot 1 of Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett et al , to Pacific Telephone and Telegraph Co. , a corporation, by Deed recorded May 23, 1960 in Book 3798 of Official Records at page 738 File No. 57354-5 Records of ffi i p g t } , San Mateo County, California. 3 I A EXCEPTING LSO EXCE G THEREFROM that portion thereof lying Westerly of the centerline of Star Hill Road and Southerly of the centerline of Native Sons Road. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man by Deed recorded May 9 , 1980 in Reel 7958 at Image 1478 ( File No . 47074-AP) . ALSO EXCEPTING THEREFROM portions of Lots I and II in Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian, and a portion of the Rancho Canada Raymundo, being more particularly described as follows: BEGINNING at the Southwesterly corner of said Lot I in Section 16 , and running thence Northerly along the Westerly boundary line thereof 1800 feet , more or less , to the Southwesterly boundary line of Skyline Boulevard, 100 feet wide as established by that certain Deed from J. B. Perry to the State of California , dated March 25, 1924 and recorded July 3 , 1925 in Book 172 of Official Records of San Mateo County at page 309 ( File No . 41049-A) , thence along said Southwesterly boundary of Skyline Boulevard in a general Southeasterly direction 1900 feet, more or less , to the intersection thereof with the Easterly boundary line of said Lot I ; thence Southerly along said Easterly boundary line, 948 feet, more or less , to the Northerly corner of said Lot II, thence Southeasterly along the Easterly boundary line of said Lot II, 100 feet, more or less , to the Easterly prolongation of the Southerly boundary line of said Lot I; thence Westerly along said prolongation and said Southerly boundary line , 1650 feet, more or less , to the point of beginning. ALSO EXCEPTING THEREFROM so much of said property as lies Northerly of the Northerly line of Sections 20 and 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian. F ALSO EXCEPTING THEREFROM the property described below as 'Parcel I* and 'Parcel II" , being a portion of that land now or formerly owned by Rancho Canada De Verde, Inc. as said lands are described in that Trustee's Deed recorded February 26, 1974 in Book 6559 of official Records at Page 605 ( File No. 18836AH) , Records of San Mateo County, California, and said portion being more particularly described as follows: Parcel I COMMENCING at a point on the southwesterly line of the 100 foot right of way of the State of California Highway known as 'Skyline Boulevard*, Division IV, Route 55 , Section C, San Mateo County, said point of commencement being distant 107.46 feet along the arc of a curve (concave to the northeast and having a radius of 650 .00 feet and a central angle of 90 281 200 ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's Centerline Station "A* 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 141 37* West) ; thence from said point of commencement and leaving said Southwesterly right of way line of Skyline Boulevard North 880 531 16- West 1397.17 feet; thence South 290 361 500 West 1400 feet more or less to a point on the northerly line of either Section 20 or Section 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian, said point being the TRUE POINT OF BEGINNING of the parcel to be described; thence from said TRUE POINT OF BEGINNING South 290 361 500 West 2050 .00 feet; thence West 4300 feet more or less to a point on the Westerly line of said Section 20; thence northerly along the Westerly line of said Section 20 to the Northwest corner thereof; thence easterly along the Northerly line (s) of said Section 20 and (if necessary) said Section 21 to the TRUE POINT OF BEGINNING. Parcel II BEGINNING at the northwest corner of Section 19 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian; running thence from said point of Beginning along the Northerly line of said Section 19 to the Northeasterly corner thereof; thence along the Easterly line of said Section 19 to the intersection thereof with the centerline of Star Hill Road; thence leaving said Easterly line and running thence in a general northwesterly direction along said centerline to the intersection thereof with the centerline of Native Sons Road; running thence in a general southwesterly direction along the centerline of Native Sons Road to the intersection thereof with the Westerly line of said Section 19 ; thence leaving last said centerline and running north along the Westerly line of said Section 19 to the point of beginning. Assessor Parcel Numbers for the 'Property" : 072-350-050 (PTN. ) 072-360-030 075-350-010 8610 . 15 9858H EXHIBIT C-2 TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Old Mill Office Center, Building C 201 San Antonio Circle, Suite 135 Mountain View, CA 94040 Attention: L. Craig Britton MAIL TAX STATEMENTS TO THE ABOVE ADDRESS GRANT DEED THE ALAN HOSKING RANCH, INC. , a California corporation ( formerly known as RANCHO CANADA DE VERDE, INC. ) , and ALAN HOSKING, an individual (the foregoing corporation and individual are collectively referred to herein as the "Grantor* ) are the owners of certain real property situated in the unincorporated territory of the County of San Mateo, State of California, more particularly described in Exhibit *A* attached hereto and incorporated herein by this reference (such real property being referred to herein as the "Property") . It is the desire of Grantor to grant to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (the "District" ) , such title and interest in and to the Property as is set forth hereinbelow. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to the District Grantor 's entire right, title and interest in and to the Property, as the same is described on Exhibit "A* attached hereto, subject to the remaining provisions of this Grant Deed. This Grant Deed is executed and delivered pursuant to the terms of that certain Agreement for Transfer of Interests in Real Property, dated October 17 , 1986, between the Grantor (referred to as *Seller" therein ) and. the District, as buyer (the "Purchase Agreement" ) . Any capitalized terms used hereinbelow and not otherwise defined herein shall have the meanings defined in the Purchase Agreement. Pursuant to the terms of the Purchase Agreement, this Grant Deed is made and accepted on the express condition that the District, its sucessors and assigns, elect to retain ownership of the Property pursuant to the terms of the Purchase Agreement and that the District not later than August 15 , 1995 , through escrow, deliver to Grantor the total purchase price for the Property, which shall initially be Six Million Seven Hundred Sixty-Five Thousand Dollars ($6 ,765 ,000) , subject to the escalation provisions and to the credits and adjustments set forth in the Purchase Agreement. More specifically, Sections 3. 4. 1 through 3.4. 3 and a portion of Section 3. 4. 4 of the Purchase `greement are set forth below: " 3. 4. 1 Provided the District has made the payments required under Section 4 hereof and has elected to retain ownership of Parcel 1-B pursuant to Section 3. 3. 1 hereof, the District may, on or before March 1, 1995 and at its option, give Seller written notice of its intention to retain ownership of Parcel 2 and Parcel 2-A. If District fails to give such notice on or before March 1, 1995, Seller shall on or after March lF 1995 demand that District give notice as to its intentions . If District then fails to give notice within 14 calendar days following Seller 's demand therefor , District shall be deemed to have elected not to retain ownership of Parcel 2 and Parcel 2-A. "In the case that District elects to so retain ownership of Parcel 2 and Parcel 2-A ( provided the District has made the payments required under Section 4 of this Agreement and has elected to retain ownership of Parcel 1-B as provided in Section 3. 3.1 of this Agreement) , District shall deliver to Seller, through escrow, as provided below in this Agreement not later than August 15 , 1995 , the total purchase price for Parcel 2 and Parcel 2-A [such Parcel 2 and Parcel 2-A collectively representing the 'Property" as defined in this Grant Deed] which initially shall be Six Million Seven Hundred Sixty-Five Thousand Dollars ($6,765p000) subject to the credits and adjustments set forth herein; provided, however, that such purchase price shall escalate at the expiration of each calendar day from and after August 15, 1989 by an amount equal to One Thousand Dollars ($1,000 .00 ) . The purchase price shall be paid as follows: * (a ) A downpayment in cash in an amount equal to the sum of one Million Eight Hundred Eighty-Five Thousand Dollars ($1,885 ,000) plus an amount equal to twenty percent (20%) of the aggregate per them increase in the purchase price pursuant to the second paragraph of Section 3. 4.1 hereof, less (i) any credits for Federal Land Bank loan payments made by District and not theretofore applied as a credit for the purchase price for Parcel 1-B under Section 3. 3. 1 , (ii ) a credit in an amount equal to interest at the rate of twelve percent (12%) per annum and on each Federal Land Bank loan payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcels 2 and 2-A hereunder , ( iii ) a credit in the amount of $665 ,000 for payments made pursuant to Sections 4.2 and 4.3 hereof, (iv ) any credits for Herzer Corporation payments made by District and not theretofore applied as a credit for the purchase price for Parcel 1-B under Section 3. 3.1, (v ) a credit in an amount equal to twelve percent (12%) per annum on each Herzer Corporation payment made by District for the period from the date each such payment is made to the date such payment is credited to the purchase price for Parcels 2 and 2-A hereunderr, and (vi ) any other credits and offsets provided in this Agreement; and 0 (b) A purchase money secured Promissory Note in a principal amount equal to the balance of the purchase price (less any credits and offsets provided in this Agreement) bearing interest at the rate of eight percent (8%) per annum, payable in ten (10) equal annual payments so as to be fully amortized over a ten year period, and in the form attached as EXHIBIT I-E, secured by a Deed of Trust in the form of EXHIBIT I-F. 03.4. 2 If District elects not to retain ownership of Parcels 2 and 2-A (or upon such earlier date as District elects not to retain ownership of Parcel 1-1B) , District shall immediately reconvey Parcels 2 and 2-A to Seller , subject only to the same conditions and encumbrances as when received and the provisions set forth below . Such reconveyance shall be effected not later than August 15 , 1995 . The rights of Seller under this Section 3.4.2 shall be subject to specific performance. 03.4. 3 Until District makes the cash payment specified in Section 3.4.1 (a) and delivers the Secured Promissory Note described in Section 3. 4.1 (b ) , District shall hold title to Parcels 2 and 2-A subject to a fiduciary trust responsibility of reconveyance to Seller . Except as specifically set forth in the Original Agreement and this Agreement, District shall not have any right, until it makes the election to retain ownership of Parcels 2 and 2-A in accordance with the provisions hereof, to transfer , encumber , or impose any conditions on Parcels 2 and 2-A or any part thereof. District further agrees not to change the zoning of Parcels 2 and 2-A or to cause any change in such zoning, and to cooperate with Seller to prevent any such change in zoning until District makes the election to retain ownership of Parcels 2 and 2-A; provided, that District's obligation to cooperate shall be at no cost or expense to District. Notwithstanding the foregoing, District shall not be prohibited from using or taking any action necessary to maintain Parcels 2 and 2-A for public park , recreation, conservation and open space purposes. 03.4.4 If District elects not to retain ownership of Parcels 2 and 2-A (having elected to retain Parcel 1-B pursuant to Section 3. 3.1 ) , District shall execute, acknowledge and deliver to Seller, within ten (10) days of request therefor , a Grant Deed, release or other appropriate document required by Seller or a title insurance company to verify the termination of District's interest therein. * MIDPENINSULA REGIONAL THE ALAN HOSKING RANCH, INC. OPEN SPACE DISTRICT ACCEPTED AND APPROVED: By Alan Hosking, President By President, Board of Directors ALAN HOSKING ATTEST: District Clerk Dated: State of California ) ss . County of Santa Clara ) On , before me, the undersigned, a Notary Public in and for said State, personally PP ersonall appeared ALAN HOSKING, known to basis of satisfactory me or roved to me on the b Y evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same . WITNESS my hand and off icial seal . Signature: Name typed or pr inted) State of California ) ss . County of Santa Clara ) On , before me, the undersigned, a Notary Public in and or said-State, personally appeared ALAN HOSKING, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument , and acknowledged that he executed it. WITNESS my hand and official seal . Signature: Name typed or printed) State of California ) ) ss . County of Santa Clara ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared : known to me or proved to me on the basis of satisfactory evidence to be the President of the Board of Directors of the Public District that executed the within instrument and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution. WITNESS my hand and official seal . Signature; Name (typed or printed) i 9858H EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION OF THE " PROPERTY" The land herein refered to is situated in the State of California, County of San Mateo , and is described as follows: Parcel I Portions of Sections 16 , 20, 21, 22 and 28, Township 6 South, Range 4 West, Mt. Diablo Base and Meredian and a portion of Rancho Canada de Raymundo , being more particularly described as follows: BEGINNING at a concrete monument set in the Southwesterly line 00 foot right of way of the State Highway known as f the 1 f Y o g Y 9 "SKYLINE BOULEVARD", Division IV, Route 55 , Section C, San Mateo County, marking the end of a curve point in said right of way line opposite Engineers Station "A" 472+12.7�2 P. O. T. in the center line of said Highway ; thence from said point of beginning, from a tangent that bears North 670 14 1 37 West along the arc of a curve to the right, having a radius of 650 feet and a central angle of 90 28' 20" , an arc distance of 107. 46 feet ; thence leaving said Southwesterly right of way line of Skyline Boulevard, North 880 53' 16" West 1397.17 feet; thence South 290 36' 50" west 7223.66 feet to a point on the Northerly line of San Gregorio Rancho; thence along said Northerly line, South 890 23' 16" East 4269 .99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho, South 10 06' 44" West 121. 43 feet to the Southerly line of said Section 21; thence along said Southerly line, South 880 53' 16" East 3154.62 feet to a point on said j line which is distant North 881 5 3' 16" West 4 95 .00 feet from I the Southeast corner of said Section 21, and last said point also being a point in the center line of Bear Gulch Road (County Road No . 48) ; thence leaving said section line, along the center line of Bear Gulch Road, the following courses; South 380 15' West 48.00 feet, South 490 43' West 75.50 feet, South 300 50' West 55 .00 feet, South 120 15' West 58 .00 feet, o o 6 00 feet, South 4 20 West 39.82 feet East 25 f , South 6 00 Ea , South 150 10' West 22. 62 feet, South 8° 30' East 51 .00 feet, South 320 30' East 42. 00 feet, South 570 50' East 103. 50 feet, South 790 00' East 38 .00 feet, North 720 40' East 60 .00 feet , South 770 20' East 34. 50 feet, South 470 00' East 47.00 feet, South 730 40' East 26 .00 feet, North 790 00' East 55 .00 feet , South 660 55' East 36.64 feet, South 50° 30' East 71.00 feet, South 600 00' East 81 .00 feet, South 40° 35' East 36 .00 feet , South 190 00' East 98 .00 feet, South 450 00' East 48. 30 feet and South 67° 30' East 30 feet , more or less , to the Easterly line of Section 28; thence along said Easterly line of Section 28, Northerly 1123 feet , more or less , to the Southeasterly corner of said Section 21; thence Northerly, along the Easterly line of Section 21 , to the Northeasterly corner of the Southeasterly quarter of said Section 21; thence Easterly, along the East and West quarter section line running through section 22, to intersect with said Southwesterly line of Skyline Boulevard; thence Northwesterly, along said Southwesterly line of Skyline Boulevard, to the point of beginning . EXCEPTING THEREFROM a portion of Section 28, Township 6 South , Range 4 West, Mount Diablo Base and Meridian, described in the Deed fror Cherokee Properties Inc. , a corporation, to Robert M. Scarlett and wife, dated December 15 , 1965 and recorded December 21, 1965 in Book 5083 of Official Records , page 72 ( File No. 22244-Z ). 2 ALSO EXCEPT all oil , gas , oil shale, coal, phosphate sodium, gold, silver , and all other metals and minerals of every character lying and being within or under that portion of the above described land lying within Rancho Canada de Raymundo, Plat No . 15 , as excepted and reserved in the Deed from the Regents of the University of California recorded January 10 , 1947 in Book 1314, official Records at page 333 ( 45049-G) . ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a Co-Partnership, recorded September 28 , 1951 in Book 2135 of Official Records at page 605 ( 62489-J) . ALSO EXCEPTING THEREFROM all of Parcel M, as said Parcel is designated on the map entitled: ' PARCEL MAP OF A RESUBDIVISION OF THE SOUTHEASTERLY 1/4 of SEC. 21,, TOWNSHIP 65, R. 4W. , M.D. B. & M. BEING A PORTION OF THE LAND. DESCRIBED IN VOLUME 6582 OFFICIAL RECORDS AT PAGE 647, SAN MATEO COUNTY, CALIFORNIA' , filed in the office of the County Recorder of the County of San Mateo, State of California, on January 23 , 1978 in Book 40 of Parcel Maps at Pages 42 and 43. FURTHER EXCEPTING THEREFROM all of Parcels I and IV as said Parcel is designated on the map entitled 'PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 16, 21 , & 22 T6S,R. 4W, M.D. B. & M. , AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A PORTION OF THE LAND DESCRIBED IN VOL. 6582 OFFICIAL RECORDS, PAGE 647, SAN MATEO COUNTY, CALIFORNIA- , which Parcel Map was filed in the office of the Recorder of the County of San Mateo , State of California on March 17 , 1978 in Book 41 of Parcel Maps at Pages 29 , 30 and 31 . 3 i i i Parcel II A NON-EXCLUSIVE EASEMENT for ingress and egress over portion of Parcel "M" as shown on that certain map entitled, PARCEL MAP OF A RESUBDIVIS ION OF THE S. E. l/4 of SEC. 21 T. 6 . S. , R. 4W. M. D. B. & M. , BEING A PORTION OF THE LANDS DESCRIBED IN VOL. 6582 OFFICIAL RECORDS AT PA GE 647 SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on January 19 , 1978 in Volume 40 of Parcel Maps at Pages 42 and 43. Said Easement being more particularly described as that portion of said Parcel "M" lying within the 50 foot road shown on the above mentioned Parcel Map; the centerline of which is designated "C EXISTING ROADBED & PROPOSED 50' INGRESS AND EGRESS EASEMENT FOR THE BENEFIT OF PARCEL L" . Parcel III PARCEL 1 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43, AND DESCRIBED IN 7714 O. R. 1495 , SAN MATEO COUNTY, CALIFORNIA, " filed in the office of the County Recorder of San Mateo County, State of California on January 9 , 1980 in Volume 48 of Parcel Maps at pages 92 and 93. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28 , 1951 , in Book 2135 of Official Records at page 605 ( File No . 62489-J) . 4 Parcel IV A portion of Sections 21 and 22, Township 6 South , Range 4 West, Mt. Diablo Base and Meridian, being more particularly described as follows: All that portion of Lot 2 as lies within said above mentioned Sections and which said Lot 2 is shown on that certain map entitled "DIVISION OF ARATA RANCHO', filed in the office of the County Recorder of San Mateo County, State of California on March 4 , 1899 in Book B of Maps at page 10 and copied into Volume 2 of Maps at page 99 as lies westerly of the Westerly line of the 100 foot right of way of the State Highway known as "Skyline Boulevard", Division IV, Route 55, Section C, San Mateo County, and being bounded on the North and West by Parcels II and IV as shown on that certain map recorded on March 17 , 1978 in Volume 41 of Parcel Maps at pages 29, 30 and 31 , on the South by Parcel " Lo and Parcels 1 and 2 as shown on those two ( 2) maps recorded on January 23, 1978 in Volume 40 of Parcel Maps at pages 42 and 43 and on April 10 , 1974 in Volume 24 of Parcel Maps at page 22, respectively. Parcel V Parcel IV as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 16, 21 & 22, T 6 S. , R 4 W, M. D. B. & M. , AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A PORTION OF THE LAND DESCRIBED IN VOL. 6582 O. R. PG. 647, SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on March 17 , 1978 in Book 41 of Parcel Maps at pages 29 , 30 and 31 . Assessor ' s Parcel Numbers For the foregoing Parcels I through V: 072-350-020 072-320-200 072-350-030 072-320-220 072-350-070 072-320-230 072-320-020 072-320-250 072-320-060 072-320-260 072-320-110 072-320-280 072-320-160 072-320-210 072-320-180 072-320-190 Parcel VI Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43 , AND DESCRIBED IN 7714 O.R. 1495 , SAN MATEO COUNTY, CALIFORNIA", filed in the office of the County Recorder of San Mateo County, State of California on January 9 , 1980 in Volume 48 of Parcel Maps at pages 92 & 93. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at Page 605 (File No. 62489-J) . Assessor Parcel Number for Parcel VI: 072-320-290 EXHIBIT D TO AGREE.NIENT FOR TRANSFER OF INTERESTS IN REAL, PROPERTY 8508 . 07 RF LN ". "OED AT REQUEST OF fiRST AMERICAN Tli�INSURANCE,.J. MF WHEN RECORDED MAIL T0: SAN MATEO COUNTY TITLE DIVISION AF CEP S IZ 00 PM om Midpeninsula Regional Open Space District �'�"�'" �=L%C`4•RECORDER 375 Distel Circle, Suite 0-1 SA14 MAiEO COUNTY Los Altos, California 94022 CFFICTA(. R£CORnS Attention: Mr. L. Craig Britton `1AIL TAX STATEMENTS TO THE ABOVE ADDRESS GRANT DEED, RIGHT OF FIRST REFUSAL AND DECLARATION OF RESTRICTIONS QFMWMMW"I*801Mt ML lfot�sieyl fi�ciw NOb<r 14 RECITALS A. THE ALAN HOSKING RANCH, INC . , a California corporation ( the 'Corporation' ) , formerly known as Rancho Canada De Verde, Inc. , a California corporation, and ALAN HOSKING and THERESA HOSKING ( also known as THERESA RUTH HOSKING) , husband and wife, as individuals ( the foregoing Corporation and individuals are collectively referred to herein m as 'Grantor" ) , are the owners of certain real property situated in the unincorporated territory of the Countl of San Mateo, O State of California more ~ particularly described in � :xhibit "I" , attached 'hereto and incorporated ner`in by this reference. B. It is the desire of Grantor to grant to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district ( "District" ) , certain rights , title and interest in and to said property, as more particularly described 'herein . JOW THEREFORE , for valuable consideration , receipt of which is hereby acknowledged, Grantor hereby grants to District the rights , title and interest in and to said prooerty as described below. I . Grant of Fee Parcels and Reservation of Life Estate. Grantor hereby grants to District Grantor ' s entire interest in and to that property described in Exhibit "I" as the "Fee Parcels" , RESERVING THEREFROM AN ESTATE ( the "Life Estate" ) FOR THE BENEFIT OF THE CORPORATION , measured by the lives of ALAN HOSKING and THERESA HOSKING, husband and wife, and their children ALANA J . HOSKING , JESSICA R. HOSKING, MONTGOMERY A. HOSKING and DYLAN L. HOSKING ( the foregoing husband and wife and their children are collectively referred to herein as the "Life Estate Holders" ) , For the term hereinbelow specified, in and to the property described in Exhibit "I" as the "Life Estate Parcel" , SUBJECT TO THE RESTRICTIONS SET FORTH IN EXHIBIT " II" attached hereto and incorporated herein by this reference . The term of the Life Estate shall expire on the sooner of : ( i ) August 9 , 2035 ; or ( ii ) the death of the last surviving of the Life Estate Molders . Upon the expiration of the term of the Life Estate, the Corporation and each of the then surviving Life Estate Holders shall execute, acknowledge and deliver to District, within ten ( 10 ) days of request therefor , a Quitclaim Deed, release or other appropriate document required by District or a title insurance company to verify the termination of all interests of the Corporation and all said Life Estate Holders in the Fee Parcels . II . Right of First Refusal to Purchase Theresa ' s Lot . m Grantor further grants to District a right of first O refusal to purchase that certain property legally described in O Exhibit "I" as "Theresa ' s Lot" , upon the terms and subject to rz 1+ the restrictions set forth in Exhibit "III" attached hereto and incorporated herein by this reference. MIDPENINSULA REGIONAL THE ALAN HOSKING RANCH, INC . OPEN SPACE DISTRICT ACCEPTED AND APPROVED : By : / A n Hosking, President rnestine U. Henshaw , President ALAN HOSKING Board of Directors ATTEST: t i THERESA HOSK NG District Clet Dated : ji.14Lr_ i� '� l'1� �� Dated: 1 1 7765H/0692h 2 N07,dw tp-M-)G.C�VAN" State of California PR04COAL OFFICE IN } s s . slaw 1 ATEO COIUkly County of Santa Clara ) '"''O-"""'rO a"OMAWOILMe On September 3 . 1985before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking, known to me or proved to me on the basis of satisfactory evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same. WITNESS my hand and official seal ._ Signature: Name typed or printed ) KAREN WARFIELD OfFCF IN State of California . ATFQootjOd YY > +Ar+..M•n#83rj1' EA04n" Aont r. _MPMhNssawwr�r.i County of Santa Clara ) On August 30 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking and Theresa Hosking ( also known as Theresa Ruth Hosking) , known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed it. Go WITNESS my hand and official seal . O / cd Signature: Name (type"( type"d or printed ) JAMES NORRIS, JR. INA JAWS A. NOM 4N At. NOTARY PRINCIPAL OFFICE N State of California ) SAN IUATSO COUNTY ) s s . My Commis ion Emime Oea?t.1r1 County of Santa Clara) On k?t .D before me, the undersigned, a Notary Public in an or said State, personally appeared Ernestine U . Henshaw, known to me or proved to me on the basis of satisfactory evidence to be President of the Board of Directors of the Public District that executed the within instrument, and known to me to be the person who executed the same on benalf of said District, and acknowledged to me that Such District executed the same pursuant to resolution . WITNESS my hand and official seal . Signature : Name ( typed or printed ) OF FICIAL 6EAL JEAN H. FIDDES NOTARY PUSUC CAI_IFCRNIA SANTA CL;R.A COUNTY My Cantu.Enpr.ns Jvna 24, 1986 7765H/0692h i i Schedule of Exhibits Exhibit Designation Contents I Legal Description of Fee Parcels, Life Estate Parcel and Theresa ' s Lot II Restrictions on the Reserved Life Estate III Right of First Refusal to Purchase and Restrictions on Theresa's Lot Cif O GD (23 IJ 7765H/0692h 8508.06 Exhibit "I" to Grant Deed, Right of First Refusal and Declaration of Restrictions LEGAL DESCRIPTION OF FEE PARCELS, LIFE ESTATE PARCEL AND THERESA'S LOT The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: *FEE PARCELS* 1. PARCEL A Parcel 1 Parcels 1 , 2, 3, 4, 5 , 6, 7, 11, 13, 14, 15 and 16, as shown on that certain map entitled *COUNTRY DEVELOPMENT CO. , BEING A Cf! PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & O PORTIONS OF SECTIONS 8, 17 , & 18 T. 6 S . , R. 4 W. , M.D.B. AND 0 O M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, W CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29 , 1971 in Book 14 of Parcels Maps at pages 20 and 21 . Parcel 2 Parcel "B* as shown on that certain map entitled *PARCEL MAP OF A RESUBDIVISION OF PARCEL 12 AS SHOWN ON THAT MAP FILED IN VOL. 14, PARCEL MAPS AT PAGES 20 & 21 BEING A PTN. OF SECS. 17 & 18, T. 6 S, R 4 W, M.D.B. & M. DESCRIBED IN 7722 OR 2194 , SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on August 3 , 1978 in Book 43 of Parcel Maps at pages 12 and 13 . RESERVING AND EXCEPTING THEREFROM the property legally described below under "THERESA'S LOT" . 2. PARCEL B The South 1/2 of the Southeast 1/4 of Section 17 Township 6 South, Range 4 West Mount Diablo Base and Meridian. I Assessor ' s Parcel Numbers For Parcels A and B: 067-390-110 to 160 067-400-010 to 080 067-410-030 067-410-080 067-410-090 067-410-110 067-410-130 067-340-050 "LIFE ESTATE PARCEL" All that portion of Parcels 13 , 15 & 16 lying westerly of the Y 9 Y westerly line of Star Hill Road as the same are shown on that certain map entitled "COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTIONS 8, 17, & 1S T. 6 S. , R. 4 W. , M.D.B. AND M. IN THE to UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, p CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29 , 1971 in Book 14 of Parcels Maps at pages 20 and 21. "THERESA'S LOT" All that portion of Parcel 11 lying westerly of the westerly line of Star Hill Road as the same is shown on that certain map entitled "COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 S . , R. 4 W. , M.D.B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATED CALIFORNIA" filed in the office of the County Recorder of San Mateo County, State of California on October 29 , 1971 in Book 14 of Parcels daps at pages 20 and 21 , 7842H/0694h Z i L 8508 .07 Exhibit *II* To Grant Deed, Right of First Refusal and Declaration of Restrictions RESTRICTIONS ON THE RESERVED LIFE ESTATE The Life Estate shall be subject to the restrictions set forth below in this Exhibit "II" . A. The Life Estate shall be subject to a Development Restriction and Design Review right by District as follows: 1 . The Corporation and the Life Estate Holders , and each of them, covenant and agree that they shall not divide or subdivide or otherwise transfer or convey 00 ( other than a transfer resulting from the CA condemnation and taking of the Life Estate) any 0 Z portion of or interest in the Life Estate to any party or parties . As used herein *party* means and includes any person , corporation, partnership or other legal entity capable of molding title to real property. 2 . The Corporation and the Life Estate Holders , and each of them, agree that they shall be limited in the development of said Life Estate Parcel , subject to a Design Review by District as further defined in Paragraph 3 below, to the following uses only : (a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Life Estate Parcel ; (b) Construct and maintain private trails for hiking and horseback riding within the Life Estate Parcel, including both internal trails and connecting trails with adjacent District land ( including, without limitation, the Fee Parcels described in Exhibit *I* to this Grant Deed) , such latter trails to be planned under mutual agreement with District regarding location and design; ( c) Remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and safety; ( d) Plant native species of plants; ( e) Build and maintain an unobtrusive, rustic type, single story barn ( no higher than 20 feet from grade level to the peak of a gable roof) of no more than 2,000 square feet of floor space, together with an unpaved driveway to connect said barn with adjacent public roadways, ( f) maintain and/or improve the existing horse riding ring. 3. District shall have the right of Design Review, as herein defined, with respect to any and all improvements proposed to be constructed as permitted under Paragraph 2 above on the Life Estate Parcel. Design Review is intended to provide for review by C�113 the District of development in environmentally and ecologically sensitive areas in order to assure that M development will be harmonious with other uses in ti the general vicinity and will be compatible with environmental and ecological oojectives . ( a) With regard t g o construction of any improvements on the Life Estate Parcel, an application for design review shall be made to the District. The application shall include the following: ( i ) A site plan showing the location of all proposed buildings, structures , planted or landscaped areas , paved areas , fences , wells , septic system and other improvements , and indicating the proposed uses or activities on the site. ( ii ) Drawings or sketches showing the elevations of all proposed buildings, sufficiently dimensioned to indicate the general scale, height and bulk of such ouildings . t (b) Within thirty ( 30 ) days from the filing of the application with the District, District shall review the site plan and drawings , and shall make its recommendations based upon the following objectives with respect to siting of the improvements , structure height, color and orientation and exterior lighting and landscaping: ( i) To ensure construction and operation in a manner that will be orderly, harmonious and compatible with existing or potential uses of adjoining or nearby sites; and ( ii ) To ensure that sound principles of environmental design and ecological balance shall be observed. 4 . The Design Review described herein shall not extend to or include the repair and/or replacement of existing improvements or those improvements 00 previously constructed by the Corporation or theO Life Estate Holders under said Design Review process, provided such repairs and/or replacements 00 are substantially similar to said prior existing improvements and, where applicable, meet the conditions imposed by District under any prior Design Review process . 5. All of the grants, covenants , conditions and restrictions contained herein shall be binding upon the Corporation and the Life Estate Holders, their respective successors and assigns , lessees , invitees and any and all other persons acquiring the Life Estate or any portion thereof or interest therein, whether by operation of law or in any other manner whatsoever (provided it is understood and agreed that the Corporation and the Life Estate Holders may not transfer any interest whatsoever in the Life Estate, whether by operation or law or otherwise, without the prior written consent of District in its sole and absolute discretion ) . All of said grants , covenants , conditions and restrictions contained in this Deed are for the benefit of ( i ) District, its successors and assigns ; and ( ii ) the Fee Parcels (described in Exhibit *I* to this Grant Deed) . All 3 of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. It is expressly agreed that each grant, covenant, condition or restriction contained herein to do or to refrain from doing such act on the Life Estate Parcel: (a) Is a burden upon the Life Estate and each portion thereof and interest therein, and (b) Shall be binding upon each successive owner during its ownership of the Life Estate or portion thereof or interest therein, derived in any manner . Nothing herein shall be deemed to create a right of action in any person or entity other than District, its successors and assigns . C1 t O B. The zoning of the Life Estate Parcel shall not be changed by or with the consent of the Corporation or the Life CD Mom+ Estate Holders, or any of them, without prior written permission of District. C. The legal description of the Life Estate Parcel contained 9 p in Exhibit "i" to this Grant Deed shall be an acceptable description of said property until such time as a survey and/or a more accurate legal description ;may be necessary and be completed. In such case, the resulting legal description will then merge with and be incorporated into this Deed, superseding and replacing the legal description of the Life Estate Parcel contained in Exhibit "I" . In such case the parties hereto shall exchange recordable deeds or execute a recordable Certificate of Correction of Legal Description, as necessary, to substitute the more accurate legal description for the legal description of the Life Estate Parcel contained in Exhibit "I" . D. In the event one or more surveys are necessary for the use of the Corporation or the Life Estate Holders in the preparation of maps or legal descriptions for the reservation of the Life Estate as provided herein or for any other purpose, said surveys shall be conducted by and paid for by the Corporation and the Life Estate Holders. However , any surreys requested by District scleiy for its 8508 .06-1 Exhibit "III" To Grant Deed, Right of First Refusal and Declaration of Restrictions RIGHT OF FIRST REFUSAL TO PURCHASE AND RESTRICTIONS ON THERESA'S LOT I. Right of First Refusal. Grantor hereby grants to District a right of first refusal to purchase Theresa's Lot on the terms and subject to t the conditions set forth below in his Exhibit *III* . Before there can be a valid sale or transfer of all or any portion of Theresa's Lot, Grantor shall first offer said property or part thereof to District in the following manner : A. Upon receipt by Grantor of a bona fide offer by a third party to purchase said property (which bona fides shall be subject to verification by District ) , Grantor shall ( CA deliver to District at its principal place of business, Q by mail or other appropriate means, a notice in writing, Q accompanied by a copy of such offer , which shall set forth the price, terms and conditions of such offer , the number of acres being sold and a statement of Grantor 's intention to accept such offer . If the notice states that consideration other than cash or promissory notes is to be received, the price shall be deemed to be for cash to the extent of the fair market value of such other consideration, and the notice shall state Grantor 's estimate of such fair market value, which estimate shall be conclusively binding upon Grantor . However , District may dispute such fair market value, in which case the parties shall thereafter attempt in good faith to reach agreement. If no agreement is reached within ten (10 ) days , the parties shall attempt to agree upon the appointment of an independent appraiser or , failing that, they shall each appoint an appraiser and the two appraisers shall select an independent appraiser , to determine such fair market value. The determination of said independent appraiser shall be binding on both parties and the cost of the appraisal shall be borne equally between the parties . Within twenty-one ( 21) days after District receives Grantor ' s written notice and the appraisal to determine the price has been completed ( if such appraisal is necessary) , District shall 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 of a notice of exercise of right to purchase. B. If District 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, Grantor shall be free to sell Grantor ' s property to such purchaser, but only at the price and upon the terms and conditions stated in the aforementioned notice, providing that said offer results in a valid transfer or sale of said property within six ( 6 ) months of the District' s M CA failure to exercise its right of first refusal . A waiver 0 W by District of one such opportunity to purchase shall not 0 be deemed a waiver of any future right to purchase, it IPA being the intent and agreement of the parties that the right of first refusal hereby granted shall run with the Fee Parcels in perpetuity. C. In the event District exercises the right of first refusal as provided hereinabove, Grantor agrees to deliver the property free and vacant of all persons and personal property at the close of escrow, and Grantor , on behalf of itself, its heirs , successors and assigns , hereby specifically waives and releases District from any and all claims, by whatever name known, including, but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 and following; and Grantor agrees to nold District harmless and reimburse District for any and all liability, losses and expenses occasioned by reason of any and all of such claims . II . General Restrictions on Theresa' s Lot A. Theresa ' s Lot shall be subject to a Development Restriction and Design Review right by District as follows: 2 1. Grantor , and each of them, covenant and agree that they shall not divide or subdivide or otherwise transfer or convey (other than a transfer resulting from the condemnation and taking of Theresa's Lot) any portion of or interest in Theresa ' s Lot less than the whole to one or more parties, or convey Theresa's Lot to two or more parties , each of whom acquires title to less than the whole of Theresa' s Lot; provided, however , that the foregoing limitations shall not prohibit a transfer or conveyance of Theresa ' s Lot, in its entirety, to two or more parties who acquire title as joint tenants, tenants in common or as community property. As used herein "party" means and includes any person, corporation, partnership or other legal entity capable of holding title to real ry ert . P P Y 2 . Grantor , and each of them, agree that they shall be limited' in the development of said Theresa' s Lot, CO subject to a Design Review by District as further p defined in Paragraph 3 below, to the following uses only: ( a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of Theresa ' s Lot ; I (b) Remove diseased and/or dead plants and trees and remove such timber as may be required for the construction of improvements permitted j under this Paragraph 2, or for fire prevention or public health and safety reasons; ( c) Build and maintain a rustic type, single story residence, together with such ancillary improvements and structures necessary for the use and benefit of the principal residence ( including a garage, shed and paved driveway) . The improvements described in this paragraph (c) shall not, in the aggregate, result in the creation of a water impervious surface area in excess of 3% of the total land area of Teresa ' s Lot. 3. District shall have the right Of Design Review, as herein defined, with respect to any and all improvements proposed to be constructed on Theresa 's Lot and permitted under the provisions of Paragraph 2 above. Design Review is intended to provide for review by the District of development in environmentally and ecologically sensitive areas in order to assure that development will be harmonious with other uses in the general vicinity and Will be compatible with environmental and ecological objectives. (a) With regard to construction of any improvements on Theresa' s Lot, an application for design review shall be made to the District. The application shall include the following: ( i) A site plan showing the location of all tb proposed buildings, structures, planted or 0 CA landscaped areas, paved areas, fences , 0 wells, septic system and other improvements , and indicating the proposed uses or activities on the site. ( Li ) Drawings or sketches showing the elevations of all proposed buildings, sufficiently dimensioned to indicate the general scale, height and bulk of such buildings. (b) Within thirty ( 30 ) days from the filing of the application with the District, District shall review the site plan and drawings, and shall make its recommendations based upon the following objectives with respect to siting of the improvements, structure height, color and orientation and exterior lighting and landscaping: ( i) To ensure construction and operation in a manner that will be unootrusive, orderly, harmonious and compatible with existing or potential uses of adjoining or nearby sites ; and 4 ( ii) To ensure that sound principles of environmental design and ecological balance shall be observed ( including, without limitation, the planting of native species of plants ) . 4. The Design Review described herein snall not extend to or include the repair and/or replacement of existing improvements or those improvements previously constructed by Grantor under said Design Review process, provided such repairs and/or replacements are substantially similar to said prior existing improvements and, where applicable, meet the conditions imposed by District under any prior Design Review process. 5 . All of the grants, covenants, conditions and restrictions contained herein shall be binding upon Grantor, their respective successors and assigns, lessees, invitees and any and all other persons acquiring Theresa 's Lot or any portion thereof or interest therein, whether by operation of law or in 0 CO any other manner whatsoever . All of said grants , Q CD covenants, conditions and restrictions contained in this Deed are for the benefit of ( i ) District, its successors and assigns; and ( ii ) the Fee Parcels (described in Exhibit "I" to this Deed of Trust ) . All of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, out not limited to, Section 1468 of the Civil Code of the State of California. It is expressly agreed that each grant, covenant, condition or restriction contained herein to do or to refrain from doing such act on Theresa' s Lot: ( a) Is a burden upon Theresa ' s Lot and each portion thereof and interest therein, and (b) Shall be binding upon each successive owner during its ownership of Theresa' s Lot or portion thereof or interest therein, derived in any manner . Nothing herein shall be deemed to create a right of action in any person or entity other than District, its successors and assigns. 5 a. Irrespective of the zoning of Theresa 's Lot, there shall not be more than one residential unit constructed thereon without the prior written permission of District. C. The legal description of Theresa's Lot contained in Exhibit 010 to this Grant Deed shall be an acceptable description of said property until such time as a survey and/or a more accurate legal description may be completed. In such case, the resulting legal description will then merge with and be incorporated into this Deed, superseding and replacing the legal description of Theresa's Lot contained in Exhibit OIQ . In such case the 0 parties hereto shall exchange recordable deeds or execute 0 M a recordable Certificate of Correction of Legal Description, as necessary, to substitute the more accurate legal description for the legal description of Theresa's Lot contained in Exhibit NIO . D. In the event one or more surveys are necessary for the use of Grantor in the preparation of maps or legal descriptions for Theresa 's Lot as provided herein or for any other purpose of Grantor, said surveys shall be conducted by and paid for by Grantor . However, any surveys requested by District solely for its own use shall be paid for by District. 7803H/0692h EXHIBIT E TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL pROpERTY 8508.09 Male RF LN AT F40U st W FIRST AMEWA MATEO tit 1' fl1TLI�tE1�RAMtE C Recorded at the request of : NSF Midpeninsula Regional Open Space District AF SIP 5 375 Distel. Circle, Suite D-1 JaiM.14d:'f Ct4;'tfi14 RkCORDER Los Altos, California 94022 :AM 11ATE0 Cg Mty � +wM, afft}AL REGARDS Attn: Mr. L. Craig Britton To am 1000,1k GRANT OF EASEMENTS FOR PUBLIC TRAIL/RIPARIAN CORRIDOR AND INGRESS AND EGRESS AND RIGHT OF FIRST REFUSAL i RECITALS A. THE ALAN HOSKING RANCH, INC. , a California corporation, formerly known as Rancho Canada De Verde, Inc. , a California corporation, and ALAN HOSKING and THERESA HOSKING (also known as THERESA RUTH HOSKING) , husband and wife, as individuals ( collectively referrred to herein as 'Grantor") are the fee owner of that certain real property ( hereinafter called QD CA the "Subject Property' ) situated in the unincorporated territory of the County of San Mateo, State of California, as � shown on the `Map" attached hereto as Exhibit •I' and incorporated herein by this reference, and legally described in Exhibit 'II' attached hereto and incorporated herein by this reference. _B ICI MIDPENINSULA OPEN SPACE DISTRICT, a public district ( referred to herein as "District' ) is the fee owner of that certain real property ( Hereinafter called the "District Property* ) , located adjacent to the Subject Property, as shown on the Map and legally described in Exhibit "III" attached hereto and incorporated herein by this reference. C. It is the desire of Grantor to grant to District easements for a public trail/riparian corridor and for ingress and egress and to limit the use of portions of the Subject Property, all as more particularly described herein. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: a GRANT OF PUBLIC TRAIL/RIPARIAN CORRIDOR EASEMENT AND INGRESS/EGRESS EASEMENT 1 . Grant of Public Trail/Riparian Corridor Easement. Grantor hereby grants to District a trail/riparian corridor easement, approximately ninety ( 90 ) feet in width ( consisting of a trail 10 feet in width and buffer zones 40 feet in width on each side of the trail ) , for public pedestrian, equestrian and non-motorized conveyance use across the area designated as "Trail Easement' on the Map. The designation of theTrail Easement shown on Exhibit "I* shall be an acceptable description of said easement until such time as a survey and/or a more accurate legal description may become necessary and be completed. in such case, the resulting legal description will then merge with and be incorporated into this Grant of Easements , and will supersede and replace the description of the Trail Easement Go contained in Exhibit *I* . In such case the parties hereto shall execute and record a Certificate of Correction of Legal Description, as necessary, to substitute the more accurate CD legal description for the description of the Trail Easement GO contained in Exhibit 010 . In the event any one or more surveys are necessary for Grantor ' s use, such surveys snail be conducted by and paid for by Grantor . However , any surveys requested by District solely for its own use shall be paid for by District. 2 . Grant of Ingress/Egress Easement . Grantor further grants to District an ingress/egress easement, approximately sixty ( 60 ) feet in width, for public pedestrian, equestrian and vehicular ( including motorized vehicles ) use, and for public and private utilities , each and all of the foregoing uses to be prescribed and/or limited by District in its sole and absolute discretion, across the area designated as "Access Easement" on the Map. . The designation of the Access Easement shown on Exhibit wIl shall be an acceptable description of said easement until such time as a survey and/or a more accurate legal description may become necessary and be completed. In such case, the resulting legal description will then merge with and be incorporated into this Grant of Easements, and will 2 supersede and replace the description of the Access Easement contained in Exhibit 'I* . In such case the parties hereto shall execute and record a Certificate of Correction of Legal Description, as necessary, to substitute the more accurate description for the legal description of the Acess Easement contained in Exhibit 010 . In the event any one or more surveys are necessary for Grantor 's use, such surveys shall be conducted by and paid for by Grantor . However , any surveys requested by District solely for its own use shall be paid for by District. 3 . Reservation of Use Grantor . Grantor reserves the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this easement Go and with existing zoning and other laws , rules and regulations CA of the State of California and the County of San Mateo, or the 0 agency having jurisdiction thereof, as such laws , rules and 10-A regulations may hereafter from time to time be amended. Grantor further specifically reserves the right to do the following, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph: a. Subdivide that portion of the Subject Property designated as the *Development Envelope" on the Map, for the sole purpose of developing a maximum of five ( 5) homesites thereon ( said maximum shall include one homesite which is presently under development) , including such ancillary structures and improvements as are appropriate for the use and benefit of said homesites and such roadways and driveways as are appropriate for the development of said homesites ; provided that all said homesites shall be clustered within the three ( 3 ) areas designated on the Map, constituting approximately twenty-five ( 25) acres total area, with approximately five ( 5 ) acres allocated to each homesite; b . Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Subject Property; 3 C. Construct and maintain private trails for hiking and norseback riding within the easement area , including both internal trails and connecting trails with adjacent District land ( including,, without limitation , the District Property described in '--'xhioit " 1114 ) , such latter trails to be planned under mutual agreement with District regarding location and design; d. Remove diseased and/or dead plants and trees and remove such undergrowth as may be required for fire prevention , or public health and safety; and e. Plant native species of plants indigenous to the area . 4. Limitations on Use oy Grantor. CO Ctt O Grantor covenants and agrees for itself and its O heirs, successors and assigns , except where contrary to the above described rights specifically retained , that Grantor shall not do any of the following on all or any part of the Subject Property (excluding the Development Envelope ) : a. Erect , construct, place or maintain or authorize the erection , construction, placement or maintenance of any improvement, juilding or structure or any other thing whatsoever on the Subject Property other than such improvements , ouildings , structures or other things existing on the Subject Property at the time of the granting of this easement . '0 . Cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on the Subject Property for any purpose or purposes whatsoever ( including, without limitation , harvesting of timber or firewood for commercial use, provided, however that removal of firewood for Grantor 's personal use snall be permitted ) , except as may be required for fire prevention , elimination of diseased growth , or construction and maintenance of foot trails (as provided in Paragraph 3 heceinaoove ) , or maintenance of any Grantor covenants and agrees for itself and its heirs , successors and assigns , except where contrary to the above described rights specifically retained, that Grantor shall not do any of the following on all or any part of the buffer zones on each side of the easement described in Paragraph 1 above: a. Use or authorize the use of the Subject Property for any purpose except as open space . b. Use or authorize others to use the Subject Property or any portion thereof as a parking lot, storage area or dump site or otherwise deposit or authorize to be deposited on said Subject Property or any portion thereof ( temporarily or otherwise ) anything whatsoever which is not indigenous or natural to said Subject Property. Ca CA C. Cover or cause the Subject Property to be covered in whole or in part with any asphalt, CD stone, concrete or other material which does iOA i not constitute natural cover for the land, or otherwise disturb the natural cover for the land. d. Fish , trap, hunt, capture, kill or destroy or authorize the fishing, trapping , hunting, capturing or destruction of fish or aquatic life on the Subject Property except for health or safety purposes . e. Hunt or trap or authorize the hunting or trapping of animal life on the Subject Property. Pursuant thereto, Grantor , its heirs, successors or assigns , shall not trap, kill , capture or destroy or authorize the trapping, killing, capturing or destruction of animal life on the Subject Property except under prior written permission of the County of San Mateo for health and safety purposes only. f . Divide or subdivide tne Subject Property or otherwise transfer or convey (other than a transfer resulting from condemnation and taking) any portion of or interest in such property less than the whole to one or more parties , or convey the Subject Property to two or more parties each of whom acquires title to less than the whole of the Subject Property; provided, however , that the foregoing limitations shall not prohibit a transfer or conveyance of the Subject Property, in its entirety, to two or more parties who acquire title as joint tenants , tenants in common or community property. As used herein *party' means and includes any person , corporation, partnership or other legal entity capable of holding title to real property. 9. Excavate or grade or authorize any excavation or grading to be done or place or authorize to be placed any sand, soil , rock , gravel or any other material whatsoever on the Subject CA O Property except as the saine inay be necessary to co permit reasonable access to the Development Envelope and except for construction and maintenance of foot trails and maintenance of any existing roadway. h . Operate or authorize the operation on the Subject Property of any motor Nike , trail pike , go cart or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of Grantor for the accomplishment of the purposes for which the Subject Property is use'd pursuant to the terms and conditions , restrictions and covenants set forth herein for the Subject Property or use by others who nave a legal right to pass on any existing roadway. i. Place any advertising of any kind or nature on the Subject Property except for identification and directional purposes consistent with the use of the Subject Property as provided herein . Plant vegetation on the Subject Property except for approved soil management, erosion control , reforestation and landscape screening; all vegetation so planted shall oe native California vegetation indigenous to the area . k . Excavate or change the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions hereof . 1. Use or allow the use of firearms or dangerous weapons on the Subject Property except for personal protection and safety. M. Use or authorize the use of fireworks or pyrotechnics on the Subject Property. n. Play- or perform or allow the playing or performance of loud and disturbing amplified music. 0 . Build, light or maintain , or authorize others to build, light or maintain any open or outdoor fire. P. Mine, extract, sever or remove, or permit or cause to be mined, extracted, severed or GD removed any natural resource found or located on , above or under the Subject Property in a 0 rm manner that would jeopardize or alter the IPA natural scenic cnaractec of the Subject Property, or otherwise engage in any activity on the Subject Property which will or may destroy the natural and scenic characteristics of the Subject Property. S. Ri2hts of District . The District shall nave the rignt to inspect the Subject Property once in March of each calendar year by giving Grantor at least two ( 2) weeks prior notice . Grantor shall oe entitled to receive in a timely manner a copy, if any , of tne report of such inspection by District . The District shall nave the right to use any existing roadway for inspection purposes only by District employees. Grantor shall have no affirmative obligation to maintain any existing roadway for such use by District . 7 6. Limitations on Use by District. The District shall not utilize the Subject Property in any manner whatsoever, except as provided in Paragraphs 1 , 2, 5 and 8 of this Easement. 7 . No Authorization for Public Trespass. The granting of this easement and its acceptance by District does not authorize and is not to be construed as authorizing the public or any member thereof to enter upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or an F44 utilize the Subject Propety in any manner whatsoeverr, except as 0 provided in Paragraphs 1 and 2. It is understood that the 0 purpose of this easement is solely to restrict the use to which m the Subject Property may be put so that the Subject Property will be kept in its natural condition, subject to continued use by the Grantor for its permitted purposes and uses and the easements granted and described in Paragraphs 1 and 2. a. Enforcement. The stated purposes, terms , conditions , restrictions and covenants set forth herein, and each and all of them, may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 9. Enforceable Restriction. The easements and each and every term, condition, restriction and covenant contained herein constitute an enforceable restriction pursuant to the provisions of Secton 8 of Article XIII of the California Constitution and Chapter 6 . 6 ( commencing with Section 51070 ) of Part 1 , Division 1 , Title 5 of the California Government Code and shall bind Grantor and its heirs, successors and assigns and each and all of them and is intended to run with the land. 10 . - Notices . All notices, consents , waivers or demands of any kind which either party to this Grant of Easements may be required or may desire to serve on the other party in 3 connection herewith shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: Seller : Alan Hosking c/o The Alan Hosking Ranch, Inc. 16060 Skyline Boulevard Woodside, CA 94062 ( 415) 851-7379 With copy to: David W. Lively, Esq. Kelly, Leal & Olimpia 333 West Santa Clara Street Suite 720 San Jose, California 95113 ( 408) 971-7252 District: Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 O CD Los Altos, CA 94022 O C? Attn: Herbert Grench, General Manager ( 415) 965-4717 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail ( in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee' s registry or certification receipt or at the expiration of the third ( 3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Grant of Easements shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this paragraph. GRANT OF RIGHT OF FIRST REFUSAL Grantor hereby grants to District a right of first refusal to purchase the Subject Property. Before there can be 9 a valid sale or transfer of all or any portion of the Subject Property (other than a gift conveyance to any child of Alan and Theresa Hosking, provided that any such child shall take his interest in the Subject Property subject to the District' s right of first refusal with respect to any and all future transfers of such interest in the Subject Property by such child) , Grantor shall first offer said property or part thereof to District in the following manner: 1. Upon receipt by Grantor of a bona fide offer by a third party to purchase said property (which bona fides shall be subject to verification by District) , Grantor shall deliver to District at its principal place of business, by mail or other appropriate means, a notice in writing, accompanied by a copy of such offer , which shall set forth the price, terms and conditions of such offer, the number of acres being sold and a statement of Grantor ' s intention to accept such offer . If the notice states that consideration other than cash or promissory GD notes is to be received, the price shall be deemed to be for 0 W cash to the extent of the fair market value of such other consideration, and the notice shall state Grantor ' s estimate of such fair market value, which estimate shall be conclusively binding upon Grantor . However , District may dispute such fair market value, in which case the parties shall thereafter attempt in good faith to reach agreement. if no agreement is reached within ten ( 10 ) days , the parties shall attempt to agree upon the appointment of an independent appraiser or , failing that, they shall each appoint an appraiser and the two appraisers shall select an independent appraiser , to determine such fair market value. The determination of said independent appraiser shall be binding on both parties and the cost of the appraisal shall be borne equally between the parties . Within twenty-one ( 21) days after District receives Grantor 's written notice and the appraisal to determine the price has been completed ( if such appraisal is necessary) , District shall 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 of a notice of exercise of right to purchase. 2 . If District 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, Grantor shall be free to sell Grantor ' s property to such purchaser, but only at the price and upon the terms and conditions stated in the 10 aforementioned notice, providing that said offer results in a valid transfer or sale of said property within six ( 6) months of the District's failure to exercise its right of first refusal. Any transfer or sale after the end of the six ( 6) month period or any material change in the terms of the sale from those set forth in said notice shall require that a new notice be delivered and shall give rise to the purchase rights of District and procedures set forth in this Grant of Right of First Refusal. A waiver by District of one such opportunity to purchase shall not be deemed a waiver of any future right to purchase, it being the intent and agreement of the parties that the right of first refusal hereby granted shall run with the District' s Property in perpetuity. 3. In the event District exercises the right of first refusal as provided hereinabover Grantor agrees to deliver the property free and vacant of all persons and personal property CO at the close of escrow, and Grantor , on behalf of itself, its heirs, successors and assigns, hereby specifically waives and releases District from any and all claims , by whatever name known, including, but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 and following; and Grantor agrees to hold District harmless and reimburse District for any and all liability, losses and expenses occasioned by reason of any and all of such claims . IT IS FURTHER AGREED, that all of the grants , covenants , conditions and restrictions contained herein shall be binding upon Grantor, their respective successors and assigns , lessees, invitees and any and all other persons acquiring all or any portion of or interest in the Subject Property that is subject to the provisions of this Grant of Easements and Right of First Refusal, whether by operation of law or in any other manner whatsoever . All of the grants, covenants, conditions and restrictions contained in this Grant of Easements are for the benefit of ( i ) District, its successors and assigns; and (ii ) the District Property. All of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. It is expressly agreed that each grant, covenant, condition or restriction contained herein to do or to refrain from doing such act on the Subject Property: a. is a burden upon the Subject Property and each portion thereof and interest therein that is subject to the provisions of this Agreement, and b . Shall be binding upon each successive owner during its ownership of the Subject Property or portion thereof or interest therein , derived in any manner . Nothing herein shall be deemed to create a right of action in any person or entity other than District, its G't successor and assigns . C0 N GD MIDPENINSULA REGIONAL OPEN SPACE THE ALAN HOSKING RANCH, INC. DISTRICT ACCEPTED AND APPROVED: By; • �. A an Hos ing, resident rnestine U . Henshaw ALAN HOSKING President, Board of Directors / ATTEST: THERESA HOSKItTG Disty ic-t -C Aef K — J Dated'i ' LC;d� t �� /%�`� Dated. J f 7859H/ 12 State of California ) ss . County of Santa Clara ) On Se tembe before me , the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking , known to me or proved to me on the 'basis of satisfactory evidence to be the President of the corporation that executed the witnin instrument and acknowledged that said corporation executed the same . WITNESS my hand and official seal — Signature: Name ( typed or pr in to ) KAREN WARFIELD NOTARY PU 8UC-CALF0FV*A PRINC0%L OFFICE IN State of California ) SAN MATEO COLWTY Cnworon EApwm AM"& ISM S S . County of Santa Clara ) On August 30, 1985 before me , the undersigned, a Notary Public in and for said State , personally appeared CD flag Hoikiu� and Theresa Hoskirg also kn?wn gs Ther sa Ruth 0 os ing , own to me or prove t me on ne as is o 0 satisfactory evidence to be the persons whose names are c subscribed to within the instrument , and acknowledged that tney d executed it, 1••r WITNESS my hand and off eial seal . Signature: Name ( typeer or printed JAMES A .IAUM A. NOMM,JR. NOTARY rU8L10CAAUF0liNA PRINCIPAL OFFICE IN SAN MATH COL9M State of California ) RmyCMW"Mionate•Onea.1M ss . County of Santa Clara) On Io!j:) before Ine , the undersigned, a Notary Pub ic-lin and for said State , personally appeared Ernestine U . Renshaw , known to me or proved to me on the oasis of satisfactory evidence to oe President of the Board of Directors of the Public District that executed the within instrument, and Known to me to be the person wno executed the same on benalf of said District, and acknowledged to me that sucn District executed the same pursuant to resolution . WITNESS my hand and official seal . Signature: Name ( typed or printed) =-CALIFORNIA AL DES NOALIFORNIAOUNTYMr 2a, 19Ph 7859H/ 13 LIST OF EXHIBITS I. Map II. Legal Description of the Subject Property III. Legal Description of District 's Property fX? CA (z CO O CD M+ Go 7859H/ Exhibit : to Grant of Easements for Pumlic Trail/ Rioarian Corridor and Ingress and Egress , and Right of "First Refusal THE MAP RECORDER'S MEMO: V1 POOR RECOFD IS DUE TO QUALITY OF OFIGh4AL DOCUMENTO O C LIFOR 7 -271 -t] on: D n;r 56 (9 t. 53 ;?000 5.) 1 noun a 41, U-2 HO A PUBLIC TRAIL EASEMENT RIDE (90' WIDE) aC ����������������C PUBLIC ACCESS EASE,'-'ENT (601 WIDE) n J X X, IDEVELCID"ENT �wm M0001, NGK rH SCALE 1" 4poon 353 12 Exhibit *III to Grant of Easements for Public Trail/Riparian Corridor and Ingress and Egress and Right of First Refusal LZGAL DESCRIP`rION OF SUBJECT PROPERTY The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as *Skyline Boulevard' Division IV, Route 55 , section C, San Mateo County, said point of beginning being distant 107. 46 feet along the arc of a curve (concave to the Northeast and having a radius of 650. 00 feet and a central angle of 90 281 200 ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station "A" 472+72 P.O. T. of said Highway (the bearing of said centerline at said Station tieing North 670 14' 370 West) ; thence from said point of beginning and leaving said Southwesterly right of way line 0 of Skyline Boulevard North 880 531 161 West 1397 . 17 feet; thence South 290 36' 50' West to a point on the Soutnerly line CD OA of Section 16 being also the Northerly line of Section 21, Township 6 soutill Range 4 West, Mount Diablo 3ase and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Soutneast quarter of Section 17 to the East line of said Section; thence Northerl,( along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the Point of beginning . ALSO INCLUDING therein all tnat portion of Lot 1 of Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section 17, Township 6 South, Range 4 west, Mount Diablo Base and Meridian . ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett, et al , to Pacific Telephone and Telegraph Co., a corporation , by Deed recorded may 23, 1960 in Book 3798 of Official Records at page 738 ( File No . 57354-S ) , Records of San Mateo County, California . ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man, by Deed recorded May 9 , 1980 in Book 7958 of Official Records at page 1478 ( File No. 47074-AP) , Records of San Mateo County, California . ALSO EXCEPT all oil , gas , oil shale, coal , phosphate , sodium, gold, silver , and all other metals and minerals of every character lying and being within or under tnat portion of the above-described land lying within Rancho Canada de Raymundo, 00 CA Plat No. 15, as excepted and reserved in the Deed from regents 0 W of the University of California, recorded January 10, 1947 , in 0 Book 1314 of Official Records at page 333 ( File No . 45049-G) , OA Go Records of San Mateo County, California . 00 ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above-described land, as reserved in tne Deed from Adam Bianchi & Sons , a co-partnership, recorded Septemoer 28 , 1951 in Book 2135 of Official Records at page 605 ( File No . 62489-J) , Records of San Mateo County, California . Assessor Parcel No. : 067-340-010 067-340-020 067-340-040 067-340-060 067-340-090 7874H/0696h 8508 .06 Exhibit "III* To Grant of Easements for Public Trail/Riparian Corridor and Ingress and Egress, and Right of First Refusal LEGAL DESCRIPTION OF DISTRICT'S PROPERTY The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL A PARCEL 1 Parcels 1, 2, 3, 4, 5, 6, 7, 11, 13, 15 and 16, as shown on that certain map entitled "COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & 00 PORTIONS OF SECTIONS 8, 17, & 18 T. 6 S . , R. 4 W. , M.D.S. AND CA M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, t0D CALIFORNIA* , filed in the office of the County Recorder of San IPA Mateo County, State of California on October 29 , 1971 in Book 14 of Parcels Maps at pages 20 and 21 . PARCEL 2 Parcel *B* as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL 12 AS SHOWN ON THAT MAP FILED IN VOL. 14, PARCEL MAPS AT PAGES 20 & 21 BEING A PTN. OF SECS. 17 & 18, T. 6 S, R 4 W, M.D.B. & M. DESCRIBED IN 7722 OR 2194, SAN MATEO COUNTY , CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on August 3, 1978 in Book 43 of Parcel daps at pages 12 and 13 . RESERVING AND EXCEPTING THEREFROM "THERESA'S LOT , MORE PART ICULARLY LY DESCRIBED AS: All that • .rtion of Parcel 11 lying westerly of the westerly line of Star Hill Road as the same is shown on that certain map entitled *COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTION 8, 17, & 18 T. 6 S. , R. 4 W. , M.D.B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of pages 20 and ._ . PARCEL B The South 1/2 of the Southeast 1/4 of Section 17 Township 6 South, Range 4 West Mount Diablo Base and Meridian. Assessor Parcel Numbers for Parcels A and B: 067-390-110 to 160 067-400-010 to 080 067-410-030 067-410-080 067-410-090 067-410-110 Gdt 067-410-130 W tCf 067-340-050 4 Cb i0* OD t s e,t I 310 . 15 9852H EXHIBIT F TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY WHEN RECORDED MAIL TO: Midpeninsula Regional open Space District Old Mill office Center, Building C 201 San Antonio Circle, Suite 135 Mountain View, California 94040 Attention: Mr . L. Craig Britton TERMINATION OF LIFE ESTATE AND QUITCLAIM DEED Pursuant to an instrument titled "Grant Deed, Right of First Refusal and Declaration of Restrictions* (referred to herein as the 'Grant Deed" ) recorded with the office of the County Recorder for San Mateo County, California, on September 5, 1985 as Document Number 85090817, the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District (the "District" ) was granted fee title to the * Fee Parcels" (as such term is defined' in the Grant Deed and as such property is described on Exhibit A attached hereto and incorporated herein by this reference) , subject to the reservation of the 'Life Estate* on a portion of the Fee Parcels referred to in the Grant Deed as the "Life Estate Parcel* (as such property is described on Exhibit A attached hereto and incorporated herein by this reference) . It is the desire of THE ALAN HOSKING RANCH, INC. ( formerly known as Rancho Canada De Verde, Inc. ) , a California corporation, and ALAN HOSKING, an individual (such corporation and individual being collectively referred to herein as the *Quitclaimorw ) , to terminate the Life Estate and to release and quitclaim to the District any and all interests that Quitclaimor may have in and to the Fee Parcels ( including the Life Estate Parcel) as defined on Exhibit A attached hereto. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Quitclaimor hereby remises, releases and quitclaims to the District any and all right, title and interest of Quitclaimor in the Fee Parcels described an Exhibit A attached hereto, including, without limitation, releasing and terminating in favor of the District all of Quitclaimor 's interest in and to the Life Estate on the Life Estate Parcel. THE ALAN HOSKING RANCH, INC. By: Alan Hosking, President ALAN HOSKING Dated: 2 State of California ss . County of Santa Clara ) On before me, the undersigned, a Notary Public in and for said State, personally appeared ALAN HOSKING, known to me or proved to me on the basis of satisfactory evidence to be the person that executed the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal . Signature: Name (typed or printed) State of California ss . County of Santa Clara) On before me, the undersigned, a Notary Public in an for said State, personally appeared ALAN HOSKING known to me or proved to me on the basis of satisfactory evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same. WITNESS my hand and official seal. Signature: Name (typed or printed) 9852H Exhibit "A" to Termination of Life Estate and Quitclaim Deed LEGAL DESCRIPTION OF THE "FEE PARCELS" AND "LIFE ESTATE PARCEL The land herein referred to is situated in the State of California , County of San Mateo, and is described as follows: "FEE PARCELS" 1. PARCEL A Parcel 1 Parcels 1, 2, 3 , 4, 5 , 6 , 7 , 11 , 13 , 14, 15 and 16 , as shown on that certain map entitled " COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISS IMA RANCHO & PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 S. , R. 4 W. , M. D. B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29, 1971 in Book 14 of Parcels Maps at pages 20 and 21 . Parcel 2 Parcel "B" as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL 12 AS SHOWN ON THAT MAP FILED IN VOL. 14 , PARCEL MAPS AT PAGES 20 & 21 BEING A PTN. OF SECS. 17 & 18 , T. 6 S, R 4 W, M. D. B. & M. DESCRIBED IN 7722 OR 2194, SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on August 3 , 1978 in Book 43 of Parcel Maps at pages 12 and 13. RESERVING AND EXCEPTING THEREFROM the property legally described below under "THERESA' S LOT" . 2. PARCEL 3 The South 1/2 of the Southeast 1/4 of Section 17 Township 6 South, Range 4 West Mount Diablo Base and Meridian . Assessor 's Parcel Numbers mbers For Parcels A and B: u 067-390-110 to 160 067-400-010 to 080 067-410-030 067-410-080 067-410-090 067-410-110 067-410-130 067-340-050 *THERESA' S LOT" All that portion of Parcel 11 lying westerly of the westerly line of Star Hill Road as the same is shown on that certain map entitled " COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 S. , R. 4 W. , M. D. B. and M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29, 1971 in Book 14 of Parcels Maps at pages 20 and 21. "LIFE ESTATE PARCEL" All that portion of Parcels 13 , 15 & 16 lying westerly of the westerly line of Star Hill Road as the same are shown on that certain map entitled " COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 S. , R. 4 W. , M. D. B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29, 1971 in Book 14 of Parcels Maps at pages 20 and 21 . 2 8610 . 17 9853H EXHIBIT G TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Old Mill Office Center, Building C 201 San Antonio Circle, Suite 135 Mountain View, CA 94040 Attention: L. Craig Britton MAIL TAX STATEMENTS TO THE ABOVE ADDRESS GRANT DEED THE ALAN HOSKING RANCH, INC. , a California corporation (formerly known as RANCHO CANADA DE VERDE, INC. ) , and ALAN HOSKING, an individual (the foregoing corporation and individual are collectively referred to herein as "Grantor" ) are the owners of certain real property situated in the unincorporated territory of the County of San Mateo, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (such real property being referred to herein as the "Property" ) . It is the desire of Grantor to convey fee title to the Property to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district ( *District' ) , subject to the reservation of certain water rights as set forth herein. 1 . Conveyance of the Property. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to District all right , title and interest in and to the Property the described on Exhibit A attached hereto, subject to the reservation of the water rights set forth below. 2. Reservation of Water Rights. Grantor hereby reserves, in favor of that certain real property owned by Grantor and legally described on Exhibit B attached hereto and incorporated herein by this reference (such real property being referred to herein as "Grantor 's Property" ) , a right to take water from that certain spring identified as the "Developed Spring' on the Map attached hereto as Exhibit C and incorporated herein by this reference. Such grant of water rights shall permit Grantor to take and use water for residential purposes (including outdoor watering of gardens and yards) for the residential structures located on the Grantor 's Property. Such grant of water rights shall be non-exclusive and shall require that water be pumped by way of underground pipes from the Developed Spring to the boundary of the Property. The right shall include a right of ingress and egress over that portion of the Property as may. be reasonably necessary to repair and maintain the Developed Spring and the underground pipes leading therefrom. Grantor shall have no right to cut trees or to grade any portion of the Property and, further , shall be subject to such reasonable rules and regulations as may be .established by the District . Grantor shall obtain prior written permission from the District for any maintenance or repair work which involves digging or otherwise disturbing the natural condition of the Property, which permission by the District will not be unreasonably withheld. The District shall have no responsibility whatsoever for the quality of the water obtained from the Developed Spring. MIDPENINSULA REGIONAL THE ALAN HOSKING RANCH, INC. OPEN SPACE DISTRICT ACCEPTED AND APPROVED: By Alan Hosking, President By President , Board of Directors ALAN HOSKING ATTEST: District clerk Dated: State of California ss . County of Santa Clara ) On , before me, the undersigned, a Notary Public in and for said State, personally appeared ALAN HOSKING, known to me or proved to me on the basis of satisfactory evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same. WITNESS my hand and official seal. Signature: Name (typed or printed) State of California ss . County of Santa Clara On before me, the undersigned, a Notary Public in and for aState, personally appeared ALAN HOSKING, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Signature: Name (typed or printed) State of California ss . County of Santa Clara On before me, the undersigned, a Notary Public in and for sai tate, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the President of the Board of Directors of the Public District that executed the within instrument and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution. WITNESS my hand and official seal . Signature: Name (typed or printed) 3 LIST OF EXHIBITS A Legal Description of the "Property" B. Legal Description of "Grantor 's Property" C. Map EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION OF THE "PROPERTY" The land described below is situated in the State of California, County of San Mateo, and is described as follows: BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Division IV, Route 55 , Section C, San Mateo County, said point of beginning being distant 107 .46 feet along the arc of a curve (concave to the Northeast and having a radius of 650 .00 feet and a central angle of 90 281 200 ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station "Aw 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 141 370 West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 531 16" West 1397 . 17 feet; thence South 290 361 500 West to a point on the Southerly line of Section 16 being also the Northerly line of Section 21, Township 6 South , Range 4 West, Mount Diablo Base and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said . 3outhwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning. ALSO INCLUDING therein all that portion of Lot 1 of Section 16 , Township 6 South , Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Bo ulevard. oulevard. Y EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section 17, Township 6 South, Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett, et al, to Pacific Telephone and Telegraph Co. , a corporation, by Deed recorded May 23, 1960 in Book 3798 of Official Records at page 738 ( File No. 57354-5) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man, by Deed recorded May 9, 1980 in Book 7958 of Official Records at page 1478 (File No. 47074-AP) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all that land lying Southerly of the Southerly right of way of the Old Road. ALSO EXCEPT all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other metals and minerals of every character lying and being within or under that portion of the above-described land lying within Rancho Canada de Raymundo, Plat No . 15 , as excepted and reserved in the Deed from regents of the University of California, recorded January 10, 1947, in Book 1314 of Official Records at page 333 (File No . 45049-G) , Records of San Mateo County, California. ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above-described land, as 2 reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at page 605 ( File No. 62489-J) , Records of San Mateo County, California. Assessor Parcel No. : 067-340-010 067-340-020 (PTN. ) 067-340-090 (PTN. ) 3 i EXHIBIT B TO GRANT DEED LEGAL DESCRIPTION OF "GRANTOR' S PROPERTY' The land described below is situated in the State of California, County of San Mateo, and is described as follows: II BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as *Skyline Boulevard' Division IV, Route 55 , Section C, San Mateo County, said point of beginning being distant 107 .46 feet along the arc of a curve (concave to the Northeast and having a radius of 650 .00 feet and a central angle of 90 281 200 ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station 'Aw 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 141 37' West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 531 16" West 1397. 17 feet; thence South 290 361 500 West to a point on the Southerly line of Section 16 being also the Northerly line of Section 21, Township 6 South , Range 4 West, Mount Diablo Base and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17 ; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning. ALSO INCLUDING therein all that portion of Lot 1 of Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section 17, Township 6 South, Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett, et al, to Pacific Telephone and Telegraph Co. , a corporation, by Deed recorded May 23, 1960 in Book 3798 of official Records at page 738 ( File No. 57354-5) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man, by Deed recorded May 9, 1980 in Book 7958 of official Records at page 1478 ( File No. 47074-AP) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all that land lying Northerly of the Southerly right of way of the old Road. ALSO EXCEPT all oil, gas, oil shale, coal, phosphate, sodium, gold, silver , and all other metals and minerals of every character lying and being within or under that portion of the above-described land lying within Rancho Canada de Raymundo, Plat No. 15 , as excepted and reserved in the Deed from regents of the University of California, recorded January 10# 1947, in Book 1314 of official Records at page 333 (File No. 45049-G) , Records of San Mateo County, California. ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above-described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at page 605 ( File No. 62489-J) , Records of San Mateo County, California. Assessor Parcel No . : 067-340-020 (PTN. ) 067-340-040 067-340-060 067-340-090 (PTN. ) 3 EXHIBIT C TO GRANT DEED THE MAP ---------- L_-- . _, N - O O LIFOR I 3 7 -271-0 U r Y DEVELOPED SPRING awns of 56 8 � _ o � 0 4 2000 D vE 5 3 -Fin ram A Parcel Boundary (parcel size - approx. 74 acres) Development Envelope (a maximum of 4 residential r building sites within approx. 20 acres) Patrol Road& Hiking/Riding Trail 4 8610 .16 9854H EXHIBIT H TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Old Mill Office Center, Building C 201 San Antonio Circle, Suite 135 Mountain View, CA 94040 Attention: L. Craig Britton MAIL TAX STATEMENTS TO THE ABOVE ADDRESS GRANT DEED THE ALAN HOSKING RANCH, INC. , a California corporation ( formerly known as RANCHO CANADA DE VERDE, INC. ) , and ALAN HOSKING, an individual (the foregoing corporation and individual are collectively referred to herein as "Grantor") are the owners of certain real property situated in the unincorporated territory of the County of San Mateo, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (such real property being referred to herein as the "Property") . It is the desire of Grantor to convey fee title to the Property to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district ( "District" ) . NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to District all right, title and interest in and to the Property as described on Exhibit A attached hereto. MIDPENINSULA REGIONAL THE ALAN HOSKING RANCH, INC. OPEN SPACE DISTRICT ACCEPTED AND APPROVED: By Klan Hosking, President By President, Board of Directors ALAN HOSKING ATTEST: District Clerk Dated: State of California ss . County of Santa Clara On before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking, known to me or proved to me on the basis of satisfactory evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same. WITNESS my hand and official seal. Signature: Name (typed or printed) State of California ) ss . County of Santa Clara ) On ' before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument , and acknowledged that he executed it. WITNESS my hand and official seal . Signature: Name (typed or printed) State of California ) ss . County of Santa Clara ) On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the President of the Board of Directors of the Public District that executed the within instrument and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution . WITNESS my hand and official seal . Signature: Name (typed or printed) 9854H EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION OF THE " PROPERTY" The land herein referred to is situated in the State of California, County of San Mateo, and is a portion of all that land now or formerly owned by Rancho Canada De Verde, Inc . as said lands are described in that Trustee 's Deed recorded February 26 , 1974 in Book 6559 of Official Records at Page 605 ( File No . 18836AH) , Records of San Mateo County, California, and said portion being more particularly described as follows: Parcel I COMMENCING at a point on the southwesterly line of the 100 foot right of way. of the State of California Highway known as "Skyline Boulevard", Division IV, Route 55 , Section C, San Mateo County, said point of commencement being distant 107. 46 feet along the arc of a curve (concave to the northeast and having a radius of 650 .00 feet and a central angle of 90 28 ' 20" ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's Centerline Station "A" 472+72 P. O. T. of said Highway (the bearing of said centerline at said Station being North 670 14' 37" West) ; thence from said point of commencement and leaving said Southwesterly right of way line of Skyline Boulevard North 880 53' 16" West 1397 .17 feet ; thence South 290 36' 50" West 1400 feet more or less to a point on the northerly line of either Section 20 or Section 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian, said point being the TRUE POINT OF BEGINNING of the parcel to be described ; thence from said TRUE POINT OF BEGINNING South 290 36' 50" West 2050 .00 feet; thence West 4300 feet more or less to a point on the Westerly line of said Section 20; thence northerly along the Westerly line of said Section 20 to the Northwest corner thereof ; thence easterly along the Northerly line (s ) of said Section 20 and (if necessary) said Section 21 to the TRUE POINT OF BEGINNING. Parcel II BEGINNING at the northwest corner of Section 19 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian; running thence from said point of Beginning along the Northerly line of said Section 19 to the Northeasterly corner thereof ; thence along the Easterly line of said Section 19 to the intersection thereof with the centerline of Star Hill Road ; thence leaving said Easterly line and running thence in a general northwesterly direction along said centerline to the intersection thereof with the centerline of Native Sons Road; running thence in a general southwesterly direction along the centerline of Native Sons Road to the intersection thereof with v ' last said • thence leaving 1 the Westerly line of said Section 19, g centerline and running north aloe the Westerly line of said 9 Section 19 to the point of beginning . Assessor Parcel No .: 072-350-050 ( PTN. ) 0 81-110-0 3 0 8510 . 16 9840H EXHIBIT I-C TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY SECURED PROMISSORY NOTE $3,525, 000 .00 Mountain View, California August 15, 1989 FOR VALUE RECEIVED, on or before August 15 , 1999, in installments as provided below, the undersigned, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District ("Maker") , does hereby promise to pay to the order of THE ALAN HOSKING RANCH, INC. , a California Corporation ( "Lender" ) , at 16060 Skyline Boulevard, Woodside, California 94062 , or at such other place as the holder hereof may, from time to time, hereafter designate in writing, in lawful money of the United States of America, the principal sum of Three Million Five Hundred Twenty-Five Thousand Dollars ($3 , 525 , 000 . 00) , together with interest from the date hereof on unpaid principal at the rate of eight percent (8%) per annum. Should any accrued interest not be paid when due, as provided below, it shall be added to unpaid principal and shall thereafter bear interest in the same manner as principal . 1 . Payments . Installments of principal and interest shall be due, payable and credited as follows : (a) The principal amount hereof, together with accrued interest thereon, shall be paid by Maker in ten ( 10) equal annual installments , each in the amount of Five Hundred Twenty-Five Thousand Three Hundred Twenty-Eight Dollars and Ninety-Five Cents ($525, 328 . 95) . Such installments of principal and interest shall be paid on or before the dates set forth in the following schedule: Total Remaining Due Date Principal Interest Payment Balance $ 3,525,000.00 08/15/1990 $ 243,328.95 $ 282,000.00 $ 525,328.95 3,281 ,671 .05 08/15/1991 262,795.27 262,533.68 525,328.95 .3,018,875.78 08/15/1992 283,818.89 241 ,510.06 525,328.95 2,735,056.89 08/15/1993 306,524.40 218,804.55 525,328.95 2,428,532.49 2,097,486. 14 1 1 4 2 2. 0 525 328.95 08/15/1994 33 046.35 9 8 6 08/15/1995 357,530.06 167,798.89 525,328.95 1 ,739,956.08 08/15/1996 386,132.46 139, 196.49 525,328.95 1 ,353,823.62 08/15/1997 417,023.06 108,305.89 525,328.95 936,800.56 08/15/1998 450,384.91 74,944.04 525,328.95 486,415.65 08/15/1999 486,415.65 38,913.25 525,328.90 -0- $3,525,000.00 $1 ,728,289.45 $5,253,289.45 z Secured Promissory Note Midpeninsula Regional Open Space District/Hosking Page 2 (b) In case any date specified above for the payment of principal or interest in this Note shall be a legal holiday, such payment shall be made on the first succeeding business day. (c) All payments made hereon shall be applied first to the payment of all unpaid interest accrued hereon to the date of such payment and the balance, if any, shall be applied to the payment of principal . Interest shall thereupon cease upon the principal so credited. All interest shall be calculated for actual days on a 365-day year basis . (d) Maker shall have the right at any time to pay all or part of the outstanding principal balance of this Note and interest then accrued thereon, without penalty or premium. 2 . Security. This Note is secured by a Deed of Trust with Assignment of Rents (the "Deed of Trust") , of even date herewith, executed by Maker, as Trustor, to First American Title Insurance Company, as Trustee, and naming Lender as Beneficiary, creating a lien on certain real property, more particularly described therein, located in the County of San Mateo, State of California . 3 . Junior Debt . The obligation of Maker to Lender hereunder is secured by the Deed of Trust and, subject to the terms of said Deed of Trust, is and shall be junior and subordinate to the "Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes" , the "Midpeninsula Regional Open Space District 1985 Promissory Notes , " the "Midpeninsula Regional Open Space District 1986 Promissory Notes" and any and all subsequent public note issues of Maker; provided, however, that this Note and the obligation evidenced hereby shall not be subordinate to any debt which may in the future be incurred by Maker in excess of that permitted by Section 5544 .2(b) of the California Public Resources Code as the same existed on October 8, 1986. 4 . Acceleration Upon Default . At the option of Lender, the entire principal balance together with all accrued interest thereon shall immediately become due and payable upon the occurrence of any of the following (hereinafter referred to as an "Event of Default" ) : (a) default in the payment of principal or interest when due pursuant to the terms hereof; or Secured Promissory Note Midpeninsula Regional open Space District/Hosking Page 3 (b) default in the performance of any obligation or covenant of the Maker contained herein, in the Deed of Trust , or in any other security agreement , deed of trust or other agreement which may hereafter be executed by Maker for the purpose of securing this Note ( including any amendment, modification or extension of any of the foregoing instruments) . 5 . Acceleration Upon Transfer . Exhibit "A" attached to the Deed of Trust securing this Note contains the following provision: .. In order to induce Beneficiary to make the loan secured hereby, Trustor agrees not to transfer the Property or any portion thereof or interest therein, without the prior written consent of Beneficiary. Beneficiary may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. Such assumption shall not, however, release Trustor from any ' liability under the Promissory Note without the prior written consent of Beneficiary. In the event of any such transfer without the written consent of Beneficiary, Beneficiary shall have the absolute right , at its option, to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Promissory Note, and all other sums secured hereby, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions . Notwithstanding the foregoing, Beneficiary agrees not to unreasonably withhold its consent to a transfer of the Property to another public agency, provided that such public agency has adequate resources , in Beneficiary' s judgment, to meet the obligations under the Promissory Note, and that the interest payable thereunder will be tax free to the Beneficiary in the same manner as if paid by the Trustor . As used herein, "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. " Secured Promissory Note Midpeninsula Regional Open Space District/Hosking Page 4 6 . Lender ' s Delay. No delay or omission on the part of Lender in exercising any right under this Note or under any of the documents referred to in Section 2 shall operate as a waiver of such right or of any other right of the holder hereof . 7. Maker ' s Waivers . Maker (and all guarantors , endorsers and other parties now or hereafter becoming liable for the payment of this Note) hereby waives diligence, presentment, protest, demand of payment, notice of protest, dishonor, and non-payment of this Note, and other notice of any kind. Maker expressly agrees that , without in any way affecting the liability of Maker hereunder, the holder hereof may extend the maturity date or the time for payment of any amount due hereunder, accept additional security, release any party liable hereunder, and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitation as a defense to any demand on this Note, or on any deed of trust, security agreement, lease agreement, guarantee or other agreement now or hereafter securing this Note. 8 . Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft , destruction or mutilation of this Note, and in the case of any such loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the holder hereof in such reasonable amount as Maker may determine, or, in the case of any such mutilation, upon surrender and cancellation of this Note, Maker will execute and deliver, in lieu thereof, a replacement note of like form, tenor and effect . 9 . Law. This Note shall be governed by and construed in accordance with the laws of the State of California . 10 . Severance. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 11. Waiver. Any waiver, express or implied, of any breach hereof or default hereunder shall not be considered a waiver of any subsequent breach or default . Secured Promissory Note Midpeninsula Regional Open Space District/Husking Page 5 12 . Section Headings . Section headings are solely for the convenience of the parties and are not a part of this Note. 13 . Modification. No provision of this Note may be waived modified or discharged other than by an agreement in writing signed by the party against whom enforcement of such waiver, modification or discharge is sought . 14 . Assignment . Lender may assign this Note and the Deed of Trust upon obtaining the prior written consent of Maker, which consent will not be unreasonably withheld. 15 . Purchase Money Obligation. It is understood that the indebtedness evidenced by this Note represents a portion of the unpaid balance of the purchase price of certain real property which Lender has sold to Maker on the date hereof . MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District Old Mill Office Center, Building, C 201 San Antonio Circle, Suite 135 Mountain View, California 94040 Director Director Director Director Director Director Director EXHIBIT I—D TO AGREE____vT TO '7T'_'-'r,"SFER OF INT'77RES'_ IN REAL ESTATE Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS UNI 11101 tocogigaiM USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (This Dowel afTnea osmsdear an asesionialm clausal This DEED OF TRUST,made between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein coiled TRUSTOR, Old Mill Office Center, Building C whoseEddrale's 201 San Antonio Circle, Suite 135 Mountain View California (Number and Stroot) (City) (St"O FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE. and THE ALAN HOSKING RANCH, INC., a California Corporation ,herein coiled BENEFICIARY, WITNESSETH: That Truster grants to Trustee in Trust,with Power of Sale,that property in the County of San Mateo ,State of California,described as: Exhibit A attached hereto and incorporated herein by this reference sets forth a description of the real property subject to this Deed of Trust and sets forth additional provisions of this Dead of Trust. If the trustor WWI on,convey or soonsto sold property,or any on thereof,or any interest themin,or shall be divested of his title or any interest therain In any manner or way,whether voluntarily or Involuntarily.without the written consent of the bonef lciwv being first had and obtained,bonso fkiwV WWI how to right,at Its option,except se prohibited by low.to declare any Indebtedness or obligations secured hereby.irrespective of the maturity data specified in any note evidencing the sum.lnwn*dW*due and payable. Together with the rents,Issues and profits thereof.PA*M howevo to the right,power and authority hersinatter given to and conferred upon Berwill. ciary to collm end apply such rents,Issues and profits, For the Purpose of Securing(1) payment of me sum of s 3 ,5 2 5 ,0 0 0 with into therson according to the terms of a promissory note or notes of even data herewith made by Trusew.payable to order of Beneficiary.and extenslons or renewals thereof,and(2)the performance of each agreement ofTrustar incorporated bV referents or contolnedherein 43)Pevniontof additional sums and intimenthersion which may hereafter be loaned to Trustor, or his succosears or assigns, -ohm evidenced by a promissory non or notes reciting that they we secured by this Dad of Trust. To protect theamid Wof*W Deed ofTnist end with respect to the property above described.Trustor expressly makes each and all of the agreements. and adople and agrees to Perform and be bound by each and all of the terns and provisions set forth in subdivision A.and it is mutually agreed that tech and ollof the tans and provisions set forth in subdivision 9 of the fictitious dead of trust recorded in Orange County August 17, 1964,and in all o0ver-coxuntles August 18.1964,In the book and at the pop of Official Records in the office of the county recorder of the county whom said property is located.noted below opposite the norm of such county.nomsiv: COUNTY 1300K PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings Ilso 713 Placer 1028 379 Sierra 313 187 Alpine 3 130-31 Leks, 437 110 Plumes 166 1307 Siskiyou 506 762 Arnedor 133 438 Law" 192 367 Rivomide 3778 347 Solono 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calv*W= ISIS 338 Modem 911 136 San Bonito 300 405 Stonislaus 1970 56 Col se 323 391 Merin 1849 122 San Bernardino 6213 768 Sutter 655 ses Contra Casa olligill I mwipom 90 453 Son Francisco ^4104 596 Taherns 4157 183 001 Norte 101 50 Mendorino 667 99 Son Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 Son Luis Obispo 1311 137 Tulare 2530 108 Fresno sm 623 Modoc 191 93 Son Mateo 4778 175 Tuolumne 177 160 Glenn 489 76 Mona so 302 Santa Barbara 2065 Sal Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 is Imparisi Ilse 701 Naps 704 742 Sam Cruz 1638 607 Yuba 398 693 Inyo IBIS 672 NOVO" 363 94 Shasta Soo 633 Korn 3756 890 Orange 7182 Is San Oisp SERIES 5 Book 1964,Pop 149774 shah inure to and bind the parties hereto,with respect to this property above described. Said sprosmorft terms and provisions contained in said sub- division A and B. lidefflicai in all counfift and printed an the reverse side hereof)we by the within reference thereto.incorporated herein and made a Part Of this Deed of Trust for so purposes n fully as if sat forth at longth herein,and Boneftiory may charge for a statement regarding the obligation secured hereby.provided the charge therefor does not excead the maxinium allowed by taw. TM ur4hirsiansdTfustor.mQuara that scoovot any notion of default and any notice of owe hervowtor be mooed to him at his address heireinbefore set forth. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, COUNTY CALIFORNIA Signature of Trustor COUNTY OF A Public District On before in*. the undersigned, a Notary Public in and for said State.personally appeared to ina vwloln VflTNESS my farad at-4 officisi 14jel. Signature (This are for official notarial s") 1192(8n7) State of california ss . County of Santa Clara) On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me or proved to me on---The basis ot satisfactory evidence to be President of the Board of Directors of the Public District that executed the within instrument, and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution . WITNESS my hand and official seal . Signature 3551H/16 2 i i 3610 .03-1 7844H/0694h EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DATED ( "Deed of Trust") AMONG MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ( "Trustor" ) , FIRST AMERICAN TITLE INSURANCE COMPANY( "Trustee") AND THE ALAN HOSKING RANCH, INC. ( "Beneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE SECURED PROMISSORY NOTE, OF EVEN DATE HEREWITH, IN THE PRINCIPAL AMOUNT OF, $3,525,000 ( "Promissory Note' ) Description of Real Pro 2rty ( "Property") Subject to Deed of Trust The land herein referred to is situated in the State of California, County of San Mateo , and is described as follows: BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Division IV, Route 55 , Section C, San Mateo County, said point of beginning being distant 107. 46 feet along the arc of a curve (Concave to the Northeast and having a radius of 650 .00 feet and a central angle of 9° 28' 20" ) from a concrete monument marking the end of a curve point in said right of way line opposite Engineers Centerline Station "A" 472+72 P. O.T. of said Highway (the bearing of said centerline at said Station being North 670 14' 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 88° 53' 16" West 1397 .17 feet ; thence South 290 36' 50" West 7223. 66 feet to a point on the Northerly line of San Gregorio Rancho; thence along said Northerly line South 890 23' 16" East 4269.99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho; South 10 06 ' 44" West 121. 43 feet to the Southerly line of said Section 21; thence along said Southerly line South 880 53' 16" East 3154. 62 feet to a point on said line which is distant North 880 53' 16" West 495 .00 feet from the Southeast corner of said Section 21, and last said point also being a point in the centerline of Bear Gulch Road (County Road No . 48) ; thence leaving said section line along the centerline of Bear Gulch Road the following courses; South 380 15' West 48.00 feet, South 490 43' West 75.50 feet, South 300 50' West 55 .00 feet, South 120 15' West 58 .00 feet, South 611 00' East 256.00 feet, South 40 20' West 39.82 feet, South 150 10' West 222.62 feet, South 8 ° 30' East 51 .00 feet, South 32° 30' East 42.00 feet, South 570 50' East 103. 50 feet, South 790 ' E 38 0 et North 72° 40' East 60 .00 feet South 77°00 East .0 feet, , i 20' East 34.50 feet, South 470 00' East 47.00 feet, South 730 40' East 26 .00 feet, North 79° 00' East 55 .00 feet, South 660 55' East 36.64 feet, South 500 30' East 71.00 feet, South 60° 00' East 81 .00 feet, South 40° 35' East 36 .00 feet, South 19° 001 East 98 .00 feet, South 450 00' East 48. 30 feet, and South 670 30' East 30 feet , more or less , to the Easterly line of Section 28, Township 6 South , Range 4 West, Mount Diablo Base and Meridian, ,at a point on said line which is Southerly 1123 feet, more or less , from the Northeasterly corner of said Section 28; thence Southerly along said Easterly line of Section 28 to the Southeast corner of the Northeast quarter of last said Section; thence Westerly along the South line of said Northeast quarter to a point on the boundary line of the lands described in the Deed from G. A. Davis , et ux , to Charles J. Kostbade and Dorothy Kostbade , recorded March 17 , 1953 in Book 2382 of Official Records at page 729 ( File No . 66957-K) , Records of San Mateo County, California; thence Northerly and Westerly along the boundary of said lands of Kostbade to the East line of the San Gregorio Rancho; thence Southerly along said East line to the Southeast corner of lands described as Parcel Five in the Deed from John S. Wickett, et al , to Skyline Tree Farm, Inc. , dated June 23 , 1960 and recorded June 24 , 1960 in Book 3815 of Official Records at page 331 (File No . 65920-5 ) , Records of San Mateo County, California; thence along the Southerly line of said Parcel Five, and along the Southerly lines of Parcel Three and Parcel Four of the above-described Deed, in a general Westerly direction to the Southeast Corner of Parcel Two of said Deed ; thence along the Southeasterly line of said Parcel Two, Southwesterly to the South corner thereof; thence along the Westerly line of said Parcel Two in a general Northerly direction to the Northwest corner .of said Parcel Two on the North line of San Gregorio Rancho; thence Westerly along said North line to a Northwest corner thereof ; said point also being the Southeast corner of Section 24, Township 6 South , Range 5 West, M.D. B. & M. ; thence Westerly along the Southerly line of said Section 24 to the Southwest corner of the Southeast quarter of said section; thence Northerly along the North and South quarter section line to the Northwest corner of the South half of said Southeast quarter of Section 24; thence Easterly • long the Northerly line of said South half of the Southeast quarter of Section 24 to the East line of said Section; thence Northerly along the East line of said Section 24 to the Southwest corner of Section 18 , Township 6 South , Range 4 West, M. D. B. & M. ; thence Easterly along the South line of said Section 18 and along the South line of Section 17 , to the South quarter corner of said Section 17 ; thence Northerly along the North and South quarter Section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning. ALSO INCLUDING THEREIN all that portion of Lot 1 of Section 16, Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett et al , to Pacific Telephone and Telegraph Co. ,, a corporation,, by Deed recorded May 23, 1960 in Book 3798 of Official Records at page 738 ( File No . 57354-S ) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that portion thereof lying Westerly of the centerline of Star Hill Road and Southerly of the centerline of Native Sons Road. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett,, a single man by Deed recorded May 9 , 1980 in Reel 7958 at Image 1478 ( File No. 47074-AP) . ALSO EXCEPTING THEREFROM portions of Lots I and II in Section 16, Township 6 South, Range 4 West, Mount Diablo Base and Meridian, and a portion of the Rancho Canada Raymundo , being more particularly described as follows: BEGINNING at the Southwesterly corner of said Lot I in Section 16 , and running thence Northerly along the Westerly boundary line thereof 1800 feet, more or less , to the Southwesterly boundary line of Skyline Boulevard, 100 feet wide as established by that certain Deed from J. B. Perry to the State of California, dated March 25, 1924 and recorded July 3 , 1925 in Book 172 of Official Records of San Mateo County at page 309 ( File No. 41049-A) , thence along said Southwesterly boundary of Skyline Boulevard in a general Southeasterly direction 1900 feet , more or less , to the intersection thereof with the Easterly boundary line of said Lot I; thence Southerly along said Easterly boundary line, 948 feet, more or less, to the Northerly corner of said Lot II, thence Southeasterly along the Easterly boundary line of said Lot II, 100 feet, more or less, to the Easterly prolongation of the Southerly boundary line of said Lot I; thence Westerly along said prolongation and said Southerly boundary line, 1650 feet, more or less, to the point of beginning. ALSO EXCEPTING THEREFROM so much of said property as lies Northerly of the Northerly line of Sections 20 and 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM the property described below as "Parcel I" and "Parcel II" , being a portion of that land now or formerly owned by Rancho Canada De Verde, Inc. as said lands are described in that Trustee's Deed recorded February 26, 1974 in Book 6559 of Official Records at Page 605 ( File No. 18836AH) , Records of San Mateo County, California, and said portion being more particularly described as follows: Parcel I COMMENCING at a point on the southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard", Division IV, Route 55 , Section C, San Mateo County, said point of commencement being distant 107.46 feet along the arc of a curve (concave to the northeast and having a radius of 650 .00 feet and a central angle of 90 28 ' 20" ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's Centerline Station "A" 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 14' 37" West) ; thence from said point of commencement and leaving said Southwesterly right of way line of Skyline Boulevard North 880 53' 16" West 1397 .17 feet; thence South 290 36 ' 50" West 1400 feet more or less to a point on the northerly line of either Section 20 or Section 21 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian, said point being the TRUE POINT OF BEGINNING of the parcel to be described; thence from said TRUE POINT OF BEGINNING South 290 36' 50" West 2050 .00 feet; thence West 4300 feet more or less to a point on the Westerly line of said Section 20 ; thence northerly along the Westerly line of said Section 20 to the Northwest corner thereof; thence easterly along the Northerly line (s) of said Section 20 and ( if necessary) said Section 21 to the TRUE POINT OF BEGINNING. Parcel II BEGINNING at the northwest corner of Section 19 in Township 6 South, Range 4 West, Mount Diablo Base and Meridian; running thence from said point of Beginning along the Northerly line of said Section 19 to the Northeasterly corner thereof; thence along the Easterly line of said Section 19 to the intersection thereof with the centerline of Star Hill Road; thence leaving said Easterly' line and running thence in a general northwesterly direction along said centerline to the intersection thereof with the centerline of Native Sons Road; running thence in a general southwesterly direction along the centerline of Native Sons Road to the intersection thereof with the Westerly line of said Section 19; thence leaving last said centerline and running north along the Westerly line of said Section 19 to the point of beginning. Assessor Parcel Numbers of the "Property": 072-350-050 (PTN. ) 072-360-030 075-350-010 Additional Provisions of Deed of Trust In order to induce Beneficiary tomake the loan secured hereby, Trustor agrees not to transfer the Property or any portion thereof or interest therein, without the prior written consent of Beneficiary. Beneficiary may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. Such assumption shall not, however, release Trustor from any liability under the Promissory Note without the prior written consent of Beneficiary. In the event of any such transfer without the written consent of Beneficiary, Beneficiary shall have the absolute right, at its option, to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Promissory Note, and all other sums secured hereby, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Notwithstanding the foregoing, Beneficiary agrees not to unreasonably withhold its consent to a transfer of the Property to another public agency, provided that such public agency has adequate resources, in Beneficiary's judgment, to meet the obligations under the Promissory Note, and that the interest payable thereunder will be tax free to the Beneficiary in the same manner as if paid by the Trustor . As used herein, "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. 8510 . 03 9841H EXHIBIT I-E TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY SECURED PROMISSORY NOTE $ Mountain View, California FOR VALUE RECEIVED, on or before in installments as provided below, the undersigned, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District ("Maker" ) , does hereby promise to pay to the order of THE ALAN HOSKING RANCH, INC. , a California Corporation ( "Lender") , at 16060 Skyline Boulevard, Woodside, California 94062 , or at such other place as the holder hereof may, from time to time, hereafter designate in writing, in lawful money of the United States of America, the principal sum of Dollars ($ ) , together with interest from the date hereof on unpaid principal at the rate of eight percent (8%) per annum. Should any accrued interest not be paid when due, as provided below, it shall be added to unpaid principal and shall thereafter bear interest in the same manner as principal . 1. Payments . Installments of principal and interest shall be due, payable and credited as follows : (a) The principal amount hereof, together with accrued interest thereon, shall be paid by Maker in ten (10) equal annual installments, each in the amount of Dollars ($ ) . Such installments of principal and interest shall be in the amounts and shall be paid on or before the dates set forth in the following schedule: Aggregate Amount of Principal and Due Date Interest Due Secured Promissory Note Midpeninsula Regional Open Space District/Hosking Page 2 (b) In case any date specified above for the payment of principal or interest in this Note shall be a legal holiday, such payment shall be made on the first succeeding business day. (c) All payments made hereon shall be applied first to the payment of all unpaid interest accrued hereon to the date of such payment and the balance, if any, shall be applied to the payment' of principal . Interest shall thereupon cease upon the principal so credited. All interest shall be calculated for actual days on a 365-day year basis . (d) Maker shall have the right at any time to pay all or part of the outstanding principal balance of this Note and interest then accrued thereon, without penalty or premium. 2 . Security. This Note is secured by a Deed of Trust with Assignment of Rents (the "Deed of Trust" ) , of even date herewith, executed by Maker, as Trustor, to First American Title Insurance Company, as Trustee, and naming Lender as Beneficiary, creating a lien on certain real property, more particularly described therein, located in the County of San Mateo, State of California . 3 . Junior Debt . The obligation of Maker to Lender hereunder is secured by the Deed of Trust and, subject to the terms of said Deed of Trust, is and shall be junior and subordinate to the "Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes" , the "Midpeninsula Regional Open Space District 1985 Promissory Notes , " the "Midpeninsula Regional Open Space District 1986 Promissory Notes" and any and all subsequent public note issues of Maker; provided, however, that this Note and the obligation evidenced hereby shall not be subordinate to any debt which may in the future be incurred by Maker in excess of that permitted by Section 5544 .2(b) of the California Public Resources Code as the same existed on October 8, 1986 . 4 . Acceleration Upon Default. At the option of Lender, the entire principal balance together with all accrued interest thereon shall immediately become due and payable upon the occurrence of any of the following (hereinafter referred to as an "Event of Default") : (a) default in the payment of principal or interest when due pursuant to the terms hereof; or Secured Promissory Note Midpeninsula Regional Open Space District/Hosking Page 3 (b) default in the performance of any obligation or covenant of the Maker contained herein, in the Deed of Trust , or in any other security agreement , deed of trust or other agreement which may hereafter be executed by Maker for the purpose of securing this Note (including any amendment, modification or extension of any of the foregoing instruments) . 5 . Acceleration Upon Transfer . Exhibit "A" attached to the Deed of Trust securing this Note contains the following provision: .In order to induce Beneficiary to make the loan secured hereby, Trustor agrees not to transfer the Property or any portion thereof or interest therein, without the prior written consent of Beneficiary. Beneficiary may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. Such assumption shall not, however, release Trustor from any liability under the Promissory Note without the prior written consent of Beneficiary. In the event of any such transfer without the written consent of Beneficiary, Beneficiary shall have the absolute right, at its option, to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Promissory Note, and all other sums secured hereby, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions . Notwithstanding the foregoing, Beneficiary agrees not to unreasonably withhold its consent to a transfer of the Property to another public agency, provided that such public agency has adequate resources , in Beneficiary' s judgment, to meet the obligations under the Promissory Note, and that the interest payable thereunder will be tax free to the Beneficiary in the same manner as if paid by the Trustor . As used herein, "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. " Secured Promissory Note Midpeninsula Regional Open Space District/Hosking Page 4 6 . Lender' s Delay. No delay or omission on the part of Lender in exercising any right under this Note or under any of the documents referred to in Section 2 shall operate as a waiver of such right or of any other right of the holder hereof . 7. Maker ' s Waivers . Maker (and all guarantors, endorsers and other parties now or hereafter becoming liable for the payment of this Note) hereby waives diligence, presentment, protest, demand of payment, notice of protest , dishonor, and non-payment of this Note, and other notice of any kind. Maker expressly agrees that, without in any way affecting the liability of Maker hereunder, the holder hereof may extend the maturity date or the time for payment of any amount due hereunder, accept additional security, release any party liable hereunder, and release any security now or hereafter securing this Note. Maker further waives , to the full extent permitted by law, the right to plead any and all statutes of limitation as a defense to any demand on this Note, or on any deed of trust, security agreement, lease agreement, guarantee or other agreement now or hereafter securing this Note. 8 . Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker of the loss, theft , destruction or mutilation of this Note, and in the case of any such loss, theft, or destruction of this Note, upon delivery of an indemnity bond by the holder hereof in such reasonable amount as Maker may determine, or , in the case of any such mutilation, upon surrender and cancellation of this Note, Maker will execute and deliver, in lieu thereof , a replacement note of like form, tenor and effect . 9 . Law. This Note shall be governed by and construed in accordance with the laws of the State of California . 10 . Severance. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 11 . Waiver . Any waiver, express or implied, of any breach hereof or default hereunder shall not be considered a waiver of any subsequent breach or default . Secured Promissory Note Midpeninsula Regional Open Space District/Hocking Page 5 12 . Section Headings . Section headings are solely for the convenience of the parties and are not a part of this Note. 13 . Modification. No provision of this Note may be waived, modified or discharged other than by an agreement in writing signed by the party against whom enforcement of such waiver, modification or discharge is sought . 14 . Assignment . Lender may assign this Note and the Deed of Trust upon obtaining the prior written consent of Maker, which consent will not be unreasonably withheld. 15 . Purchase Money Obligation. It is understood that the indebtedness evidenced by this Note represents a portion of the unpaid balance of the purchase price of certain real property which Lender has sold to Maker on the date hereof . MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District Old Mill Office Center, Building, C 201 San Antonio Circle, Suite 135 Mountain View, California 94040 Director Director Director Director Director Director Director EXHIBIT I-F TO AGREL -NT FOR TRANSFER OF I:7TE7ES_ - I"T REAL D.-CPERTY Order No. S=ow No. Loan No. WHEN RECORDED MAIL TO: SPACE Alloys 11,05 UNI FOR WANcen use DEED OF TRUST WITH ASSIGNMENT OF RENTS (This Dad of Toast reed I on walaeaelon aMsmal This DEED OF TRUST,moth ,between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein coiled TRUSTOR, Old Mill Office Center, Bldg. C 201 San Antonio Circle, Suite 135 Mountain View California (Number and Streit) (City) (StaW FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE, old THE ALAN HOSKING RANCH, INC., a California Corporation ,herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust,with Power of Sale,that property in the County of San Mateo .State of California,described as: Exhibit A attached hereto and incorporated herein by this reference sets forth a description of the real property subject to this Deed of Trust and sets forth additional provisions of this Deed of Trust. If the truster shall sell,convey or allensta said property.or any pint thereof.or any interest therein,or shall be divested of his tide or any Interest therein In any manner or way,whether voluntarily or Involuntarily,without the written consent of the bansfidery being firm had and obtained,bow ficlary"I have the right,at Its option.exempt as prohibited by law,to declare any indebtedness or obiipations secured hereby.irrespective of the maturity data specified In env now evidenairtp the some.Immediately due and payable. Togrthar with tua rants.iamaa and itrofiCt thereof subieat,howawr,to the right.power and authority heramettar given to and conferred upon Banefi- dday to collect and apply such rents,Wousr ad profits. For the Purpp of Securing I1) payman l of to sum of$ with interest thereon according to the tams of a promissory note or notes of even dew herewith made by Truster,payable to order of Beneficiary.and extensions or renewals thereat,and 12)the performance of each agnlim"e t of Truster incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned to Truster, or his suaaencrs or awigrtg. when evidenced by a prrxmisaony rota or notes reciting that they are secured by this Devi ofTnnst. To protect the security of this Dead of Tram,and with respect to the property above described.Trustor expressly maces each and NI of the ssreements. and adopts and agrees to pal(an and be bound by each and all of to tams and provisions set forth in subdivisions A.and it is mutually spread that arch and all of the tares and provisions sat forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17,1964.and in all othercountin August 18.1964.In the book and at the ease of Official Records in the office of the county recorder of the county where said property is located,noted below opposite tits name of such county,nomay: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 128B 556 Kings 858 713 Planar 1028 379 Sierra 38 187 Alpine 3 13031 Lake 437 110 Piumae 166 1307 Siskiyou 506 762 Amador 133 438 Lawn 192 367 R iverside 3778 347 Soho 1287 621 Butte 1330 513 Los Angeles T-31378 874 Sacramento 5039 124 Sonoma 2067 427 Caave►as 185 338 Madera 911 136 San Bonito 300 405 Stanidws 1970 56 Coluse 323 391 Marl" 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Maripoaa 90 453 San Francisco A-804 596 Tshi me 457 183 Oa Norte 101 549 Mandocino 667 99 San Joaquin 2855 283 Trinity 108 595 Ei Dorado 704 635 Merced 1680 753 San Luis Obispo 1311 137 Tulare 2530 100 Fresno 5052 623 Modoc 191 93 Soh Mateo 4778 175 Tuolumne 177 160 Ginn 469 76 Mao 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa CIwo 6626 664 Yolo 769 16 Imperial 1189 701 Nape 704 742 Santa Cruz 1636 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shuts am 633 Kenn 3756 690 Orange 7182 /8 San Diego SERIES 5 Book 1964,Papa 149774 shall inure to and bind the parties hereto,with respect to the property above descrited. Said asreama►tst tams and provisions contained in said sub- division A and S. (identical in all counties.and printed on the reverse side hereof)are by the within reference thereto,incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length he and Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therehr does not exceed the maximum allowed by law. Tho undersigned Trustor,requests that is copy of any notice of default and any notice of sale hereunder be mailed to him at his addreaa hersinbefosr set fog'. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, STATE OF CALIFORNIA I Signature of Trusty COUNTY OF �aR A Public District On before one, the undersigned. a Notary Public in and for grid State.Personally appeared I i i known to zee to,"toil 01mil wtta;. zz ne suawrIblId to t1lo rJ X011n nstrum4m: XkAoa+i0d; :itaat :Rx�CiiR '„'fe°°�p1s aY. WITNESS my hand arstl official uisi. Signature (This am for official notarial sea) 1192(8177) State of California SS . County of Santa Clara) on before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me or proved to me on the basis of satisfactory eviUence to be President of the Board of Directors of the Public District that executed the within instrument, and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution . WITNESS my hand and official seal . Signature 3551H/16 2 3610 . 0 3-2 7875H/0696h EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DATED ( "Deed of Trust") AMONG II MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ( "Trustor" ) , FIRST AMERICAN TITLE INSURANCE COMPANY( "Trustee") AND THE ALAN HOSKING RANCH, INC. ( "Beneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE SECURED PROMISSORY NOTE, OF EVEN DATE HEREWITH, IN THE PRINCIPAL AMOUNT OF ( "Promissory Note") Description of Real Property ( *Property") SubJect to Deed of Trust The la nd herein re ferred to is situated in the State of California, County of San Mateo , and is described as follows: " PARCEL A" PARCEL I : Township Portions of Sections 16 , 20, 21, 22 and 28, 6 South r Range 4 West, Mt. Diablo Base and Meredian and a portion of Rancho Canada de Raymundo, being more particularly described as follows: BEGINNING at a concrete monument set in the Southwesterly line of the 100 foot right of way of the State Highway known as "SKYLINE BOULEVARD", Division IV, Route 55 , Section C, San Mateo County, marking the end of a curve point in said right of way line opposite Engineers Station "A" 472+12. 72 P. O. T. in the center line of said Highway; thence from said point of beginning, from a tangent that bears North 670 14' 37" West along the arc of a curve to the right , having a radius of 650 feet and a central angle of 9° 28' 20" , an arc distance of 107. 46 feet ; thence leaving said Southwesterly right of way line of Skyline Boulevard, North 880 531 16" West 1397 .17 feet; thence South 290 361 50" west 7223.66 feet to a point on the Northerly line of San Gregorio Rancho; thence along said Northerly line, South 890 231 16' East 4269 .99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho, South 10 061 44' West 121 . 43 feet to the Southerly line of said Section 21; thence along said Southerly line, South 880 531 16' East 3154.62 feet to a point on said line which is distant North 880 531 16' West 495 .00 feet from the Southeast corner of said Section 21 , and last said point also being a point in the center line of Bear Gulch Road (County Road No. 48) ; thence leaving said section line, along the center line of Bear Gulch Road, the following courses; South 380 151 West 48 .00 feet, South 490 431 West 75 .50 feet, South 300 501 West 55 .00 feet, South 120 151 West 58.00 feet, South 60 001 East 256 .00 feet, South 4* 201 West 39 .82 feet , South 150 101 West 22.62 feet, South 80 301 East 51.00 feet, South 320 301 East 42.00 feet, South 570 501 East 103.50 feet , South 790 001 East 38.00 feet, North 720 401 East 60 .00 feet, South 770 201 East 34.50 feet, South 470 001 East 47 .00 feet , South 73* 401 East 26.00 feet, North 790 00' East 55 .00 feet, South 660 551 East 36 .64 feet, South 500 301 East 71 .00 feet, South 600 001 East 81.00 feet, South 400 351 East 36.00 feet, South 190 001 East 98 .00 feet, South 450 001 East 48. 30 feet and South 670 301 East 30 feet, more or less , to the Easterly line of Section 28; thence along said Easterly line of Section 28, Northerly 1123 feet, more or less , to the Southeasterly corner of said Section 21; thence Northerly, along the Easterly line of Section 21 , to the Northeasterly corner of the Southeasterly quarter of said Section 21; thence Easterly, along the East and West quarter section line running through section 22, to intersect with said Southwesterly line of Skyline Boulevard ; thence Northwesterly , along said Southwesterly line of Skyline Boulevard, to the point of beginning. EXCEPTING THEREFROM a portion of Section 28, Township 6 South , Range 4 West, Mount Diablo Base and Meridian, described in the Deed from Cherokee Properties Inc. ,, a corporation, to Robert M. Scarlett and wife,, dated December 15,, 1965 and recorded December 21, 1965 in Book 5083 of official Records , page 72 ( File No. 22244-Z ). ALSO EXCEPT all oil, gas, oil shale, coal,, phosphate sodium,, gold, silver , and all other metals and minerals of every character lying and being within or under that portion of the above described land lying within Rancho Canada de Raymundo, Plat No . 15 , as excepted and reserved in the Deed from the Regents of the University of California recorded January 10 , 1947 in Book 1314 , official Records at page 333 ( 45049-G) . ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons , a Co-Partnership, recorded September 28, 1951 in Book 2135 of Official Records at page 605 ( 62489-J) . ALSO EXCEPTING THEREFROM all of Parcel M, as said Parcel is designated on the map entitled: " PARCEL MAP OF A RESUBDIVISION OF THE SOUTHEASTERLY 1/4 of SEC. 21, TOWNSHIP 65, R. 4W. , III M.D. B. & M. BEING A PORTION OF THE LAND DESCRIBED IN VOLUME 6582 OFFICIAL RECORDS AT PAGE 647, SAN MATEO COUNTY, CALIFORNT,'%' , filed in the office of the County Recorder of the County of San Mateo, State of California, on January 23, 1978 in Book 40 of Parcel Maps at Pages 42 and 43. 3 FURTHER EXCEPTING THEREFROM all of Parcels I and IV as said Parcel is designated on the map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 16, 21 , & 22 T6S,R. 4W, M. D. B. & M. , AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A PORTION OF THE LAND DESCRIBED IN VOL. 6582 OFFICIAL RECORDS, PAGE 647, SAN MATEO COUNTY, CALIFORNIA" , which Parcel Map was filed in the office of the Recorder of the County of San Mateo , State of California on March 17 , 1978 in Book 41 of Parcel Maps at Pages 29 , 30 and 31 . PARCEL I I : A NON-EXCLUSIVE EASEMENT for ingress and egress over portion of Parcel "M" as shown on that certain map entitled, PARCEL MAP OF A RESUBDIVISION OF THE S. E. 1/4 of SEC. 21 T. 6 . S. , R. 4W. M. D. B. & M. , BEING A PORTION OF THE LANDS DESCRIBED IN VOL. 6582 OFFICIAL RECORDS AT PAGE 647 SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on January 19 , 1978 in Volume 40 of Parcel Maps at Pages 42 and 43. Said Easement being more particularly described as that portion of said Parcel "M" lying within the 50 foot road shown on the above mentioned Parcel Map; the centerline of which is designated "C EXISTING ROADBED & PROPOSED 50' INGRESS AND EGRESS EASEMENT FOR THE BENEFIT OF PARCEL L" . PARCEL III: PARCEL 1 as shown on that certain map entitled "PARCEL M A P 0F A RESUBDIVISION OF PARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43 , AND DESCRIBED IN 7714 O. R. 1495 , SAN MATEO COUNTY, CALIFORNIA, " filed in the office of the County Recorder of San a Mateo County, state of California on January 9 , 1980 in volume 48 of Parcel Maps at pages 92 and 93. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons , a co-partnership, recorded September 28, 1951, in Book 2135 of Official Records at page 605 ( File No . 62489-J) . PARCEL I V: A portion of Sections 21 and 22, Township 6 South , Range 4 West, Mt. Diablo Base and Meridian, being more particularly described as follows: All that portion of Lot 2 as lies within said above mentioned Sections and which said Lot 2 is shown on that certain map entitled "DIVISION OF ARATA RANCHO", filed in the office of the County Recorder of San Mateo County, State of California on March 4 , 1899 in Book B of Maps at page 10 and copied into Volume 2 of Maps at page 99 as lies Westerly of the Westerly line of the 100 foot right of way of the State Highway known as "Skyline Boulevard", Division IV, Route 55, Section C, San Mateo County, and being bounded on the North and West by Parcels II and IV as shown on that certain map recorded on March 17 , 1978 in Volume 41 of Parcel Maps at pages 29, 30 and 31 , on the South by Parcel " L" and Parcels 1 and 2 as shown on those two 2 maps recorded on January 23, 1978 in Volume 40 of Parcel Maps at pages 42 and 43 and on April 10 , 1974 in Volume i 24 of Parcel Maps at page 22, respectively. I J PARCEL V: Parcel IV as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 16, 21 & 22, T 6 S. , R 4 W, M. D. B. & M. , AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A PORTION OF THE LAND DESCRIBED IN VOL. 6582 O.R. PG. 647, SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on March 17 , 1978 in Book 41 of Parcel Maps at pages 29 , 30 and 31 . Assessor 's Parcel Numbers For Parcels I through V of PARCEL A: 072-350-020 072-320-200 072-350-030 072-320-220 072-350-070 072-320-230 072-320-020 072-320-250 072-320-060 072-320-260 072-320-110 072-320-280 072-320-160 072-320-210 072-320-180 072-320-190 " PARCEL B" Parcel 2 as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43, AND DESCRIBED IN 7714 O.R. 1495 , SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on January 9, 1980 in Volume 48 of Parcel Maps at pages 92 & 93. EXCEPTING THEREFROM an undivided 1/ 2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at Page 605 ( File No . 62489-J)*. Assessor Parcel Number for PARCEL B: 072-320-290 i I� Additional Provisions of Deed of Trust In ord er to induce Beneficiary to make the loan secured hereby, Trustor agrees not to transfer the Property or any portion thereof or interest therein, without the prior written consent of Beneficiary. Beneficiary may grant or deny such consent in its sole discretion and , if consent should be given, any such transfer shall be subject to this Deed of Trust, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein . Such assumption shall not, however , release Trustor from any liability under the Promissory Note without the prior written consent of Beneficiary. In the event of any such transfer without the written consent of Beneficiary, Beneficiary shall have the absolute right , at its option, to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Promissory Note , and all other sums secured hereby, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Beneficia ry agrees not to Notwithstanding the foregoing, Y g unreasonably withhold its consent to a transfer of the Property to another public agency, provided that such public agency has adequate resources , in Beneficiary's judgment, to meet the obligations under the Promissory Note , and that the interest payable thereunder will be tax free to the Beneficiary in the same manner as if paid by the Trustor. As used herein , "transfer" includes the sale, conveyance or other transfer of the property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise. 8510 .03 7764H/0692 EXHIBIT I-G TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY LEASE OF BARN AREA THIS LEASE is made and entered into as of this day of December, 1986, by and between MIDPENINSULA OPEN SPACE DISTRICT, a public district (hereinafter called "Lessor" ) , and ALAN HOSKING (hereinafter referred to as "Lessee" ) . RECITALS A. Concurrently with the execution of this Lease, Lessor shall acquire fee title to certain real property which includes a portion having improvements consisting of a residential structure containing five units (comprised of four living units and one office) , a barn, a garage, sheds, a storage yard area and miscellaneous outbuildings, all in an area of approximately five acres (collectively, the "Barn Area") . The Barn Area is hereinafter sometimes called the "premises" and is situated in certain unincorporated areas of the County of San Mateo, State of California, as more particularly shown on the map attached hereto as Exhibit A. B. In conjunction with Lessor ' s acquisition of the premises, and in partial consideration thereof, Lessor has Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 2 agreed to lease the premises to Lessee upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows : 1 . Lease of Premises . Lessor hereby leases the premises to Lessee, and Lessee hereby hires the premises from Lessor, for the term and upon the conditions set forth herein. In the event one or more surveys are necessary for the use of Lessee in the preparation of maps or legal descriptions for the Barn Area or for any other purpose of Lessee, said surveys shall be conducted by and paid for by Lessee. However, any surveys requested by Lessor solely for its awn use shall be paid for by Lessor . 2 . Term and Rent . The term of this Lease shall commence on the date hereof and shall expire on the first to occur of the following: ( i) such date, if any, as the Lessor elects to retain ownership of Parcel 1-B pursuant to the terms Re al of that certain Agreement for Transfer of Interests rests in R Property (the "Agreement") between The Alan Hosking Ranch, Inc . and Alan Hosking (as Sellers) and Lessor (as Purchaser) , c I Lease of Barn Area Midpeninsula Regional Open Space District/Husking Page 3 pursuant to which Lessor acquired certain real property, including the Barn Area which is the subject of this Lease; (ii) August 15, 1989 ; or ( iii) upon such date as this Lease is otherwise terminated in accordance with its provisions . This Lease is made in consideration of the Agreement between Lessor and Lessee whereby the premises were acquired and no rent shall be payable by Lessee to Lessor hereunder . If requested by Lessor, Lessee agrees to execute a quitclaim deed with respect to Lessee' s interest hereunder at the expiration or termination of this Lease. 3 . Use. Subject to Section 12 , the premises shall be used for the uses described hereinbelow, and for no other purpose without Lessor ' s prior written consent . Lessee shall be entitled to utilize the premises to maintain an office, sublet the available apartment units , store and keep vintage cars and other items of personal property, provided the premises are kept in a neat and orderly condition. Lessee shall not commit or suffer to be committed any nuisance or waste in or upon the premises, and Lessee specifically agrees not to cause or permit the cutting of any live trees on or about the premises or the hunting of animals on or about the premises . Lessee shall not use the premises or permit anything to be done in or about the premises which will in any way Lease of Barn Area Midpeninsula Regional Open Space District/Husking Page 4 conflict with any law, statute, ordinance, code, or governmental rule or regulation now in force or which may hereafter be promulgated. Lessee will comply with reasonable regulations promulgated by Lessor which shall include, among other things : keeping the gates closed and locked, protecting the wildlife, controlling domestic animals, protecting natural vegetation and the like. 4 . Ranger Residence and Parking . Lessee has provided Lessor with a rent-free residential apartment unit for an on-site ranger or caretaker selected by Lessor. It is hereby agreed (and is a condition of the lease of the premises by Lessor to Lessee hereunder) that Lessee shall continue to provide such ranger or caretaker residence apartment , at no cost to Lessor, for the term of this Lease; provided, however, that the ranger or caretaker will pay for his telephone, if any, and his pro rata share of the utilities and services described in Section 5 that are supplied to the ranger/caretaker residential apartment, provided said pro rata share shall not exceed one-fifth (1/5) of the total for such utilities and services for five units (comprised of four living units and one office) on the premises . During the term of this Lease, Lessor shall be entitled to use approximately 1/2 acre of the premises as a _-IN Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 5 parking area for not less than 25 vehicles for members of the public. 5 . Utilities . Lessee shall be responsible for obtaining and paying, in a timely fashion directly to the charging authority, all amounts payable for utilities and services supplied to the premises , including but not limited to water, gas , electricity, garbage removal and telephone service. 6 . Maintenance and Repair . Lessee accepts the premises in "as is" condition. Lessee shall, at Lessee' s expense, maintain the premises ( including routine maintenance of the residential structures) and every part thereof and the grounds in the immediate vicinity thereof in good, safe and sanitary condition, order and repair . Lessee shall return the residential structures and and other improvements to Lessor upon termination of this Lease in their present condition, reasonable wear and tear and damage due to causes beyond the reasonable control of Lessee excepted. Lessor shall have no duty whatsoever to maintain or repair any part of the premises . 7 . Additions, Alterations and Improvements . Lessee shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof , Tr t Lease of Barn Area Midpeninsula Regional Open Space District/Hocking Page 6 without the prior written consent of Lessor . Any permitted alterations, additions or improvements shall be done in compliance with all applicable laws and regulations . 8 . Liens . Lessee shall keep the premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 9 . Indemnification and Liability Insurance . (a) Each party shall hold the other party harmless from and shall defend and indemnify the other party from and against any and all claims of liability for any damage to property or any injury or death to any person whatsoever when such damage, injury or death shall be caused by the act, neglect , or fault of the other party, or its agents, employees or invitees . Lessee agrees to indemnify Lessor against and hold Lessor exempt and harmless from any damage to property or injury or death to any person arising from the failure of Lessee to keep the premises in good and safe condition and repair . (b) Lessee shall , at its sole cost and expense, obtain and maintain during the entire term of this Lease public Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 7 liability and property damage insurance on the premises with a single combined liability limit of at least One Million Dollars ($1, 000, 000) , and property damage limits of not less than Two Hundred Thousand Dollars ($200, 000) . Notwithstanding the foregoing, Lessee agrees to increase the limits of such insurance coverage in the future to the extent reasonably requested by Lessor . Lessor, its officers, employees and agents shall be named as additional insureds, and the policy shall contain a cross-liability endorsement . Said insurance shall be issued by an insurance company admitted to transact business in the State of California and shall provide that the insurance effected thereby shall not be cancelled except upon thirty (30) days prior written notice to Lessor . The insurance carrier shall waive the right to subrogation against Lessor and its invitees . 10. Assignment and Subletting . Lessee shall not assign this Lease or sublet the premises or any interest therein (other than subletting the residential apartment units on the premises which is expressly permitted) without the prior written consent of Lessor. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting . Any assignment or subletting without the prior written consent of Lessor, Lease of Barn Area Midpeninsula Regional open Space District/Hosking Page 8 including any assignment or subletting by operation of law, shall be void and shall, at the option of Lessor, terminate this Lease. 11. Damage or Destruction. (a) In the event that the residential structure or other improvements shall be damaged from any cause insured against, then Lessee shall (to the extent of available insurance proceeds) , as soon as reasonably possible after Lessee notifies Lessor of said damage, repair the same and restore such residence or other improvements to substantially the same condition as existed immediately prior to such damage. (b) In the event that either the residential structure or other improvements shall be damaged or destroyed from any cause not insured against, then Lessor shall be entitled to repair or restore the same, at Lessor ' s sole cost , as soon as reasonably possible after Lessee notifies Lessor of such damage or destruction, to substantially the same condition as existed immediately prior to such damage or destruction. To the extent Lessor elects not to make such repairs, Lessee may, at its option and sole cost , cause such repairs to be made . if Lessor or Lessee elect to repair or restore hereunder all Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 9 available insurance proceeds , if any, shall be made available for such purpose. (c) In the event Lessor shall elect to repair or restore the residential structure or other improvements hereunder pursuant to the provisions to this Section, Lessee shall not be entitled to any damages or other compensation from Lessor from any loss of quiet enjoyment or for any other reason arising from Lessor ' s repair or restoration activities . (d) In the event that both Lessee and Lessor elect not to repair and restore, any available insurance proceeds shall be divided between the parties as follows : Lessee shall receive an amount equal to fifty percent (50%) of the fraction remaining in the Lease term (for purposes of this paragraph, the lease term shall be deemed to be 34 months) , determined by using the number of months remaining in the term in the numerator and thirty-four (34) in the denominator; Lessor shall receive the balance of said funds and, at the option of Lessor, this Lease may be terminated and all of Lessee ' s rights in this Lease shall cease, and in such case, Lessee shall deliver to Lessor an executed and acknowledged quitclaim deed to Lessee ' s interest, as provided in Section 2 . Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 10 12 . Right of Inspection. Lessor, its officers , agents and employees shall have the right to enter on the premises upon 48 hours ' prior notice (except in the event of an emergency, when no notice will be required) at any time during the Lease to inspect the same, to insure Lessee' s compliance with the terms of this Lease and in connection with its supervision of surrounding lands owned by Lessor, of which the leased premises are a part . 13 . Default by Lessee. (a) The occurrence of the following shall constitute a material default and breach of this Lease by Lessee. A failure by Lessee to observe and perform any material provision of this Lease to be observed or performed by Lessee. (b) In the event of any such default by Lessee, then in additon to any other remedies available hereunder to Lessor or at law or in equity, this Lease and all rights of Lessee hereunder shall be terminated upon delivery by Lessor of notice of such termination to Lessee. Upon such termination, f Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 11 Lessor may recover from Lessee all amounts necessary to compensate Lessor - for all the detriment proximately caused by Lessee' s failure to perform Lessee' s obligations under this Lease or which, in the ordinary course of things would be likely to result therefrom. Lessor shall also have the right, upon termination of this Lease, to reenter the premises and remove all persons, animals and property from the premises . Such animals and property may be removed and stored elsewhere at the cost of and for the account of Lessee. 14 . No Relocation Rights . Upon expiration or sooner termination of this Lease, Lessee shall vacate the premises and remove all persons and their personal property therefrom and surrender possession of the premises to Lessor. Lessee shall cause all assignees, subtenants , sublessees and other persons occupying the premises, or any part thereof , to execute a sublease containing the following provision: "No Relocation Rights . Upon expiration or sooner termination of the term of this Lease, Lessee shall vacate the premises and remove all persons and their personal property therefrom and surrender possession of the premises to Lessor . Lessee hereby specifically waives any rights to, and releases Lessor and Midpeninsula Regional Open Space District from any and all claims for, relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Civil Code Section 7260 et sec . , and any similar or successor statutes . " I Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 12 Lessee, on behalf of Lessee and on behalf of each person who may occupy or use the premises from time to time who has not executed a sublease containing the foregoing provision, hereby waives any and all rights to, and releases and indemnifies Lessor from any and all claims for, relocation benefits and/or relocation payments to which Lessee and such other persons might otherwise be entitled pursuant to California Civil Code Section 7260 et seg. , and any similar or successor statutes . 15 . Notices . All notices, demands , requests, or consents given hereunder by either party to the other, shall be made in writing and shall be deemed sufficiently given and served upon the other party three (3) days after the mailing date if sent by first class mail , certified or registered, return receipt requested, postage prepaid, and addressed to the party as follows : Lessor : Midpeninsula Regional Open Space District Old Mill Office Center, Building C 201 San Antonio Circle, Suite 135 Mountain View,, California 94040 Attn: L. Craig Britton (415) 949-5500 Lessee: Alan Hosking c/o The Alan Hosking Ranch, Inc . 16060 Skyline Boulevard Woodside, California 94062 (415) 851-7379 Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 13 With copy to : _ David W. LivelYq Es . Olimpia, Whelan & Lively 152 N. Third Street Ninth Floor San Jose, California 95112-5560 (408) 971-7252 or to such other address as either party may have furnished to the other as a place for the service of notice. 16 . Waiver . Waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. 17 . Attorneys ' Fees . If an action shall be instituted to enforce this Lease, the prevailing party shall be entitled to recover reasonable attorneys ' fees as fixed by the Court . 18 . General . (a) This Lease contains all of the terms , covenants, and conditions agreed to by Lessor and Lessee and it may not be modified orally or in any manner other than by a writing signed by both of the parties to this Lease or their respective successors in interest . L Lease of Barn Area Midpeninsula Regional Open Space District/Hosking Page 14 (b) Each term and each provision of this Lease to be performed by Lessee shall be construed to be both a covenant and a condition. (c) If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (d) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, administrators, executors, successors and assigns of the parties . (e) The Section headings of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (f) If Lessor sells or transfers all or any portion of the premises during the term of this Lease, then Lessor , upon consummation of such sale or transfer, shall be released from any liability thereafter accruing under this Lease for the Lease of Barn Area Midpeninsula Regional Open Space District/Husking Page 15 obligations of Lessor hereunder, provided Lessor ' s successor in interest has assumed in writing, for the benefit of Lessee, the obligation of Lessor hereunder . (g) This Lease shall be governed by and construed in accordance with the laws of the State of California . (h) Time of the essence as to each and all of the provisions of this Lease. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease the day and year first above written. Lessor Lessee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public Alan Hosking District APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date : EXHIBIT A TO LEASE OF BARN AREA I F"KA •- 3 I v r ♦ Q ^ 140-1 . L �► ti�IP ♦ W(R 1. r, ° / 9 XV.S ` �, �j f`. ` 1V ,,. ` c \ SUl1 , _ \ 17?- 130 BARN AREA ; f. `.'•. (5 ACRES) AN Q �� ,,, l � ate► !,C 0 �— `BOO: J Q4,1 ♦1• was 300\" _ CO Nn' OF \� I 6 1 ♦ ;t� t4TEO _ _ ,i it ♦ ,_ 23 2 AC. HEN P, E l S LZB,�' ' 7--3317 ') 6104,A( �aC R T�! i f f S 0 n f { i r*' SCALE i 1 EXHIBIT I-I TO AGR='-�r-NT FOR TRANSFER OF 1NTERESTb IN REAL PROPERTY R 7 7 R'-" T RT- Order NO. 303036-TD PRELIMINARY ViRpOnT FIRST AM MAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City, CA 94064 (415) 367-9050 MID PENINSULA REGION OPEN SPACE DISTRICT AttMt Sandy Voorhees 37S Distel Circle, Suite D-1 Low Alton, CA 94022 Customer4s Reference Form of Policy Coveraqe Requested: CALIFORNIA LAND TITLE ASSOCIA- TION STANDARD COVERAGE POLICY In response to the above referenced Application for a policy Of title Insurance, this Company hereby reports that It to pre-- pared to Issuer or Canoe to be issued* as of the date hereof, a Policy or Policies of Title Insurance, describinq the land and the estate or interest therein hereinafter not forth, imour- Inq against loss which may be sustained by reason of any defect, lion 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 forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached* Copies Of the Policy forma should be road. They are available from the Office which 1,,wnued thin report. This report (and any supplements or amendments hereto) to Issued solely for the purpose of facilitating the issuance of a policy of title Insurance and no liability In assumed hereby. if It to 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 19, 1985 at 7:30 %.a. RIdRARD NIEMrEC ESCROW/TITLE OFFICER Title of said estate or interest at the date hereof In vented in: ALAN HOSKING RANCH, INC. , formerly known an RANCHO CANADA DE VERDE# INC., a California corvoration Paqe I Order No. 308036-TD 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: j 1. General and Special Taxes for the fiscal year 19R5-86, now a lien, amount not yet ascertainable. 2. Sale to the State of California for nonpayment of General and Special Taxes for the fiscal year 1984-19850, and subsequent delinquencies. Amount to redeem on or before July 31, 1985 $237.68 Tax Sale No. 6084. Code Area: 097-003 A.P. No. : 075-350-010 NOTE: Second Installment General and Special Taxes for the fiscal year 1984-95 in the amount of $190.75 delinquent Y � Penalty $19. 07 Costs $10.00 Code Area: 087-003 A.P. No. : 075-350-010 Sale to the State of California for nonpayment of General and Special Taxes for the fiscal year 1984-1985, and subsequent delinquencies. Amount to redeem on or before July 31, 1985 $413.85 Tax Sale No. 5934. I Code Area: 087-003 A.P. No. : 07 2-360-030 NOTE: Second Installment General and Special Taxes for the fiscal year 1984-85 , in the amount of $348.75 delinquent Penalty $34. 87 Costs $10.00 Code Area: 087-003 A.P. No. : 072-360-030 Sale to the State of California for nonpayment of General and Special Taxes for the fiscal year 1984-1985, and subsequent delinquencies. Amount to redeem on or before July 31, 1985 $427.79 Tax Sale No . 5932. Code Area: 081-003 A.P. No. : 072-350-050 NOTE: Second Installment General and Special Taxes for the fiscal year 1984-85, in the amount of $361.26 delinquent Penalty 836. 12 Costs 910.00 Code Area: OA7-003 A.P. No. : 072-350-050 Page 2 a Order No. 308036-TD Sale to the State of California for nonpayment of General and Special Taxes for the fiscal year 1984-1985, and subsequent delinquencies. Amount to redeem on or before August 30, 1985 s115.06 Tax Sale No. 6219. Code Area: 087-003 A.P. No. : 091-110-030 NOTE: Second Installment General and Special Taxes for the fiscal year 1984-85, in the amount of $79.70 delinquent Penalty $7.97 Costs $10.00 Code Areat 087-003 A.P. No. : 091-110-030 3 The Lion of Supplemental Taxes assessed pursuant to Chapter 3. 5, Commencing with Section 75 of the California Revenue and Taxation Code. 4. EASEMENT FOR ROAD PURPOSES over any and all public or pri- vate roads within the herein described property. 5. RIPARIAN WATER RIGHTS in Bear Gulch Creek as granted in Deed From: Charles Hanson, et al To: The Arroyo de las Presa Water Company, a corpor- at io n Dated: October 1, 1R63 Recorded: October 1, 1863 Book/Reel 3 of Deeds at page/image 602, Records of San Mateo County, California. ALSO RIGHT to erect a dam and reservoir on said property and right of way across adjacent property for the conveyance of said water, by proper aqueducts, pipes and flumes, as granted in said Deed. Affects portion of the herein described property within Canada Raymundo Rancho. 6. RIGHT OF WAY over the herein described property, as granted in Deed: From: Alexander Gordon To: Creek Haymond Dated: October 20, 1890 Recorded: October 24, la90 Book/Reel 52 of Deeds at paste/image 393, Records of San Mateo County, California. Grants Right of Way for water pipe line. The exact location of said right of way is not disclosed of record. Page 3 t Order No. 309036-TD n 7. AGREEMENT relative to water and water pipes as contained in Agreement By: Antoine Borel and Between: Henry H. Davis m Dated: September 28, 2898 Recorded: September 29, 1898 Book/Reel 9 of Miscellaneous Records at page/image 210, Records of San Mateo County, California. The exact location of said water and water pipes is not disclosed of record. 8. RESERVATION contained in Deed: From: The Regents of the University of California To: Fred, Bal docch i Dated: December 30, 1946 Recorded: January 10, 1947 Document No. : 4504 9-G Book/Reel 1314 of Official Records at page/image 333, Records of San Mateo County, California. "Reserving and excepting however unto the party of the first part its quccessore or assigns all oil , gas, coal, and other minerals of every character lying and being within or under each and every parcel of the above described real property. And Reserving and excepting also to the party of the first part, its successors or assigns and its and their lessees, agents and workmen and all other persons by their authority or permis- sion the right to occupy and use so much of the surface of each and every parcel of said real property as may be necessary to search for, get, work, take away and dispose of said oil, gas, coal and other metals or minerals." Affects Parcel III. 9. RESERVATION an undivided 1/2 interest in and to all mineral and oil rights in all the herein described property, as reserved in Deed: From: Adam Bianchi & Sons, a co-partnership To: G.A. Davis and Beatrice Davis, his wife Recorded: September 28, 1951 Document No. : 62489-J Book/Reel 2135 of Official Records at page/image 605, Records of San Mateo County, California. Said undivided 1/2 interest reserved in the above Deed has since passed to Adam Bianchi & Sons, Inc. , a California corporation, by Deed recorded April 2, 1954 in Book 2561 of Official Records at page 137 (File No. 46979-L) Records of San Mateo County, California. Affects Parcel III. Page 4 i I 5 Order No. 308036-TD f 10. RIGHT OF WAY over the herein described property, as granted in Instrument: From: 'Karl L. Patterson and wife To: Pacific Gas and Electric Company, a California corporation Dated: July 60 1955 Recorded: August 12, 1955 Document No. : 76787-M Book/Reel 2856 of Official Records at page/image 164, Records of San Mateo County, California. Grants Right of Way 20 feet wide along the existing road within Sections 21 and 28. Affects Parcel III. f 11. RIGHT OF WAY over the herein described property, as granted in Deed: From: John S. Wickett, Trustee To: The Pacific Telephone and Telegraph Company, a corporation Dated: September 25, 1957 Recorded: Decsmber 2, 1957 Document No. : 1377-0 Book/Reel 3315 of Official Records at page/image 285, Records of San Mateo County, California. Grants Right of Way 20 feet wide with the right to con- struct, place, inspect, maintain, remove, repair, replace, use, operate and patrol such aerial wires, cables and other electrical conductors with associated poles, crossarms, anchors* guys and fixtures as grantee may from time to time require and with the right of access thereto. Affects the Southeast 1/4 of the So•atheast 1/4 of the Southeast 1/4 of Section 21 and the East 1/2 of Northeast 1/4 of the Northeast 1/4 of Section 28. The exact location of said easement is not disclosed of record. Affects Parcel III. 12. THE ESTABLISHMED'T of record by boundary line agreement of the Southerly and Westerly boundary of the portion of the herein described property lying within the San Gregorio Rancho. This line is not definitely established of record and this com- pany specifically excepts therefrom any liability on account of such indefinite line. In connection therewith we note the following: i (a) Record of Survey filed on June 18, 1975 in Volume 8 of Licensed Land Survey Mapm at page 20, Records of San Mateo County. California, delineating a portion of the general Westerly boundary. Page 5 i Order No. 308036-TD (b) Boundary Line Agreement By: Rancho Canada De Verde, Inc. , a corporation and Between: Neil Young, a single man Dated: December 30, 1974 Recorded: April 25, 1975 Document No. : 42512-AI Book/Reel 6829 of Official Records at page/image 2, Records of San Mateo County, California. Said Boundary Line Agreement purportedly established the lines shown on said Record of Survey. Affects Parcel III. 13. Said lands have been annexed into the Skyline County Water District by Resolution recorded November 4, 1975 under File No. 7691-AJ in Book 6975 of Official Records at page 285, Records of San Mateo County, California. 14. DEED OF TRUST to secure an indebtedness in the original amount of $1,206,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada de Verde, Inc. , a California corpo- ration Trustee: Federal Land Bank of Sacramento, a corporation Beneficiary: Federal Land Bank of Sacramento, a corporation Dated: September 22, 1983 Recorded: October 5, 1981 Document No. : 95359-AS of Official Records of San Mateo County, California. Beneficiary's Address - P.O. Box 13106-C, Sacramento, CA 95813 Loan No. - 233611-1 Covers property under search and other ?property. NOTICE OF RESTRICTURING OF LOAN securing payment of an additional $457 ,053 .58 Executed by: The Alan Hosking Ranch, Inc. , a California cor- poration, formerly Rancho Canada de Verde, Inc. Dated: August 10, 1984 Recorded: December 7, 1984 Document No. : 84131348 of Official Records of San Mateo County , California. 15. FINANCING STATEMENT given as additional security for the payment of the indebtedness secured by the Deed of Trust, shown in Exception No. 14 above. Debtor: Rancho Canada De verds Inc. , a California corporation Secured Party: Federal Land Bank of Sacramento Recorded: October 9, 1981 Document No. : 95363-AS of Official Records of San Mateo County, California. Page 6 Order No. 308036-TD 16, AGREEMENT RELATIVE TO TIMBER RIGHTS By: Big Creek Lumber Company, a California corporation and Between: Rancho Canada de Verde, Inc. , a California corpo- ration Dated: September 29, 1981 Recorded: November 10, 1981 Document No. : 5956-AT of Official Records of San Mateo County, California. Said agreement concerns the dispersement of income from the sale of redwood and douuglas fir timber. SUBORDINATION AGREEMENT: By: Big Creek Lumber Company, a corporation, The Alan Hoskinq Ranch, Inc. , a California corporation, formerly Rancho Canada de Verde, Inc. and Between: Alan Hooking and Theresa R. Hooking, husband and wife Dated: August 10, 1984 Recorded: December 7, 1994 Document No. : 84131341 of Official Records of San Mateo County, California. Subordinates the above Agreement to Notice of Restructuring of Loan recorded under Document No. 95359-AS of Official Records of San Mateo County, California. 17. DEED OF TRUST to secure an indebtedness in the original amount of 916 ,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada De Verde, Inc. , a California corpo- ration Trustee: Western Title Insurance Company, a corporation Beneficiary: Big Creek Lumber Company Dated: July 29, 1992 Recorded: August 11, 1982 Document No. : 82068353 of Official Records of San Mateo County, California. Beneficiary's Address - 3564 Highway 1, Davenport, CA 95017 Loan No. - Not shown Covers portion under search and other property. SUBORDINATION AGREEMENT: By: Alan Hooking Ranch, Inc. and Between: Big Creek Lumber Company Dated: Octnber 30, 1984 Recorded: December 7, 1984 Document No. : 84131342 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. Pace 7 �I i Order No. 308036-TD 18. DEED OF TRUST to secure an indebtedness in the original amount of $47,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada De Verde Inc. , a California corpor- ation Trustee: Westftrn Title Insurance Company, a corporation Beneficiary: Big Creek Lumber Company Dated: July 29, 1982 Recorded: August 11, 1982 Document No. : 82068354 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway 1 , Davenport, CA 94017 Loan No. - Not shown Covers property under search and other property. SUBORDINATION AGREEMENT: By: Alan Hosking Ranch, Inc. i and Between: Big Creek Lumber Company Dated: October 30, .1984 Recorded: December 7, 1994 Document No. : 84131344 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restrue turinq of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. 19. DEED OF TRUST to secure an indebtedness in the original amount of $136,000.00 and any other amounts and/or obligations secured thereby, Tru:stor: Rancho Canada De Verde, Inc. , a California corpo- ration Trustee: Weatern title Insurance Company, a corporation Beneficiary: Big Creek Lumber Company Dated: August 9, 1982 Recorded: Auq+ist 11, 1982 Document No. : 92058355 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway 1, Davenport, CA 9517 Loan No. - Not shown Covers property under search and other property. Page 8 a Order No. 309036-TD SQBORDUATION AGREEMENT: By! Alan Hoskinq Ranch, Inc. and Between: Biq Creek Lumber Company Dated: October 30, 1984 Recorded: December 7, 1984 Document No. : 84131343 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. 20. DEED OF TRUE Secure T to ec re an indebtedness in the original amount of $50,000 .00 and any other amounts and/or obligations secured thereby, Trnstor: Rancho Canada De Verde, Inc. , a corporation Trustee: Title Insurance and Trust Company, a California corporation Beneficiary: Biq Creek Lumber Company Dated: January 28, 1993 Recorded: January 28, 19R3 Document No. : 8300998 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway 1. Davenport, CA 95017 Loan No. - Not shown SUBORDINATION AGREEMENT: By: Alan Hoskinq Ranch, Inc. and Between: Biq Creek Lumber Company Dated: October 30, 1984 Recorded: December 7, 1984 Document No. : 84131345 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 841313 48 of Official Records of San Mateo County, California. 21. DEED OF TRUST to secure an indebtedness in the original amount of $20,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada De Verde. Inc. , a California corpo- ration, Theresa Ruth Hooking, and Alan Hoskinq Trustee: Amtitle Company, a California corporation Beneficiary: Biq Creek Lumber Company Dated: February 16, 1983 Recorded: February 18, 1983 Document .No. : 83016001 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway One, Davenport, CA 95017 Loan No. - 81162 Page 9 c Order No. 308036-TD SUBORDINATION AGREEMENT: By: Alan Honking Ranch, Inc. and Between: Big Creek Lumber Company Dated: October 30, 1984 Recorded: December 7, 1994 Document No. : 84131346 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. 22. DEED OF TRUST to secure an indebtedness in the original amount of 9180,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada De Verde, Inc. , a California corpo- ration Theresa Ruth Hooking, a married woman and Alan Hooking, a married man Trustee: Amtitle Company, a California co moration Beneficiary: Big Creek Lumber Company Dated: February 24, 1983 Recorded: March 1, 1983 Document No. : 83018818 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway One, Davenport, CA 95017 Loan No. - 81162 SUBORDINATION AGREEMENT: By: Alan Hooking Ranch, Inc. and Between: Big Creek Lumber Company Dated: October 30, 1994 Recorded: December 7, 1984 Document No. : 84131347 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. 23. MEMORANDUM OF AGREEMENT, upon the terms and conditions as contained therein Executed by: Alan Hooking, Theresa Hooking and Rancho Canada De Verde and Between: Big Creek Lumber Company Dated: February 10, 1983 Recorded: June 17, 1983 Document No. : 8306 0390 of Official Records of San Mateo County, California. Page 10 i "A L I Order No. 308036-TD SUBORDINATION AGREEMENT: By: Big Creek Lumber Company, The Alan Hooking Ranch, Inc. , a California corporation, formerly Rancho Canada de Verde, Inc. and Between: Alan Hooking and Theresa R. Hooking, husband and wife Dated: August 10, 1984 Recorded: December 7, 1994 Document No. : 84131341 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. 24. TERMS AND CONDITIONS of that certain unrecorded Timber Sale Contract dated November 21, 1977 & Amendment to said Contract dated December 13 , 1982 as disclosed by Memorandum of Timber Sale Contract executed by & between Alan Hoskinq Ranch Inc., (formerly Rancho Canada de Verde, Inc. ) , Timber Owner, and between Big Creek Lumber Compnny, Timber Operator, record December 7, 19R4 as Document No. 84131349 of Official Records of San Mateo County, California. 25. TERMS AND CONDITIONS of that certain unrecorded Purchase Agreement between grantor and grantee dated November 13, 1984 as diclosed by Grant Deed from Alan Hooking, Theresa Hooking (also known as Theresa Ruth Hooking) and The Alan Hooking Ranch, Inc., a California corporation formerly known as Rancho Canada de verde, Inc., a California corporation, to Big Creek Lumber Company, a California corporation, dated November 29, 1994 and recorded December 7, 1984 under Document No. 84131356 of Official Records of San Mateo County, California. 26. EFFECT OF that certain Grant Deed from Alan hooking, Theresa Hooking (also known as Theresa Ruth Hooking) and The Alan Hooking Ranch, Inc. , a California corporation formerly known as Rancho Canada de Verde, Inc. , a California corporation, to Big Creek Lumber Company, a California corporation, dated November 29, 1984 and recorded December 7, 1984 under Document No. 84131356 of Official Records of San Mateo County, California, which recites as follows: Grantee' s undivided interest shall be that portion of the Timber, and logs described above, equal to Four and One-Half (4.5) million board feet, net scale, of merchantable Timber. The definition of merchantability, selection fo trees for harvest, and scaling method for purposes of this Deed as well as the determination of the Timber tn be harvested by Grantee, its right to carry out harvesting operations, and other rights and obligations of Grantor and Grantee, are set forth in that certain unrecorded Purchase Agreement between Grantor and Grantee dated November 13, 1984. " Page 11 Order No. 309036-TD 27. DEED OF TRUST securing performance of the unrecorded purchase Agreement referred to in Exception No. 25 above. Trustor: Big Creek Lumber Company, a California corporation Trustee: First American Title Insurance Company, a California corporation Beneficiary: Alan Hooking, Theresa Hooking (also Known as Theresa Ruth Hoskinq) and The Alan Hooking Ranch, Inc. , a California corporation formerly known as Rancho Canada de Verde, Inc. a California corporation Dated: November 29, 1994 Recorded: December 7, 19R4 Document No. : 84131357 of Official Records of San Mateo County, California. Beneficiary's Address - 16060 Skyline Blvd. , Woodside, CA 94062 Loan No. - Not shown Page 12 Order No. 308036-TD DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skylines Boulevard" Division IV, Route 55, Section C, San Mateo County, said point of beginning being distant 107.46 feet along the arc of a curve (Concave to the Northeast and having a radius of 650.00 feet and a central angle of 90 280 200) from a concrete monument marking the end of a curve point in said right of way line opposite Enqineers Centerline Station "A" 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 670 14' 37" West) ; thence from said point of begin- ning and leaving said Southwesterly right of way line of Skyline Boulevard North RSO 53• 16" West 1397.17 feet; thence South 290 36. 50" West 7223.66 feet to a point on the Northerly line of San Gregorio Rancho= thence along said Northerly line South 890 230 16" East 4269.99 feet to the Northeasterly corner of said Rancho; thence along the Easterly line of said Rancho; South 10 06. 44" West 121.43 feet to the Southerly line of said Section 21; thence along said Southerly line South 980 530 16" East 3154.62 feet to a point on said line which is distant North see 53' 16" West 495.00 feet from the Southeast corner of said Section 21, and last said point also being a point in the cen- terline of Bear Gulch Road (County Road No. 48) ; thence leaving said section line along the centerline of Bear Gulch Road the following coursess South 380 150 West 4R. 00 feet, South 49" 43' West 75.50 fee*, South 300 50' West 55.00 feet, South 120 15• West 58.00 feet, South 6" 00' East 256.00 feet, South 40 200 West 39.82 feet, South 15" 10• West 222.62 feet, South 80 30• East 51.00 feet, South 320 308 East 42.00 feet, South 57° 500 East 103.50 feet, South 79" 004 East 38.00 feet, North 72` 40' East 60.00 feet, South 77" 20' East 34.50 feet, South 470 004 East 47.00 feet, South 730 400 East 26.00 feet, North 79* 009 East 55.00 feet, South 660 554 East 36.64 feet, South SOO Page 13 Order No. 308036-TD 30" East 71,00 feet, South 60a 004 East 81.00 feet, South 400 35' East 36.00 feet, South 19" 004 East 98.00 feet, South 450 004 East 48.30 feet, and South 670 304 East 30 feet, more or less, to the Easterly line of Section 29, Township 6 South, Range 4 West, Mount Diablo Base and Meridian, at a point on said line which is Southerly 1123 feet, more or less, from the Northeasterly comer of said Section 28; thence Southerly along said Easterly line of Section 28 to the Southeast corner of the Northeast quarter of last said Section; thence Westerly along the South line of said Northeast quarter to a point on the boundary , line of the lands described in the Deed from G. A. Davis, et u-u, to Charles J. Kostbade and Dorothy Kostbade, recorded March 17, 1953 in Book 2382 of Official Records .at page 729 (File 9,3. 66957-K) , Records of San Mateo County, California; themes Northerly and Westerly along the boundary of said lands of Knstbade to the East line of the San Greqorio Rancho$ thence Southerly along said East line to the Southeast corner of lands described as Parcel five in the Deed from John S. Wickett, et al, to Skyline Tree Farm, Inc. , dated June 23, 1960 and recorded June 24, 1960 in Book 3815 of Official Records at page 331 (File No. 65920-5) , Records of San Mateo County, California$ thence along the Southerly line of said Parcel Five, and along the Southerly lines of Parcel Three and Parcel Four of the above described Deed, in a general Westerly direction to the Southeast Corner of Parcel Two of said Deed; thence along the Southeasterly line of said Parcel Two, Southwesterly to the South corner thereof; thence along the Westerly line of said Parcel Two in a general Northerly direction to the Northwest corner of said Parcel Two on the North line of San Gregorio Rancho; thence Westerly along said North line to a Northwest corner thereof; !said point also being the Southeast corner of Section 24, Township 6 South, Range 5 West, M.D.B. & M. ; thence Westerly along the Southerly line of said Section 24 to the Southwest corner of the Southeast quarter of said section; thence Northerly along the North and South quarter section line to the Northwest corner of the South half of said Southeast quarter of Section 24 ; thence Easterly along the Northerly line of said South half of the -joutheast quarter of Section 24 to the East line of said Section; thence Northerly along the East line of said Section 24 to the Southwest corner of Section 18, Township 6 South, Range 4 West, M.D.B. & M. ; thence Easterly along the South line of said Section 18 and along the South line of Section 17, to the South quarter corner of said Section 17; thence Northerly along the North and South quarter Section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general South- easterly direction to the point of beginning. Page 14 I Order No. 308036-TD ALSO INCLUDING THEREIN all that portion of Lot 1 of Section 16, Township 6 South, Range 4 West, Mount Diablo Base and Meri- dian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. ALSO EXCEPTING TI3EREFROM that certain parcel of land conveyed by John S. Wickett et al, to Pacific Telephone and Telegraph Co., a corporation, by Deed recorded May 23, 1960 in Book 3798 of Official Records at page 738 (File No. 57354-S) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that portion thereof lying Westerly of the centmrline of Star Hill Road and Southerly of the center- line of Native Song Road. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man by Deed recorded May 9, 1980 in Reel 7959 at Image 1478 (File No. 47074-AP) . ALSO EXCEPTING THEREFROM portions of Lots I and II in Section 16, Township 6 South, Range 4 West, Mount Diablo Base and Meri- dian and a portion of the Rancho Canada Ra undo, being more . po ym q particularly described as follows: BEGINNING at the 97 uthwesterly corner of said Lot I in Section 16, and running thence Northerly along the Westerly boundary line thereof 1800 feet, more or legs, to the Southwesterly boun- dary line of Skyline Boulevard, 100 feet wide as established by that certain Deed from J.B. Perry to the State of California, dated March 25, 1924 and recorded July 3. 1925 in Book 172 of Official Records of San Mateo County at page 309 (File No. 41049-A) , thence along said Southwesterly boundary of Skyline Boulevard in a general Southeasterly direction 1900 feet, more or less, to the intersection thereof with the Easterly boundary line of said Lot It thence Southerly along said Easterly boundary Page 15 i Order No. 308036-TD line, 948 feet, more or less, to the Northerly corner of said Lot II, thence Southeasterly along the Easterly boundary line of said Lot II, 100 feet, more or less, to the Easterly pro- longation of the Southerly boundary line of said Lot Is thence Westerly along said prolongation and said Southerly boundary line, 1650 feet, more or less, to the point of beginning. ALSO EXCEPTING THEREFORM so imich of said property as lies Northerly of the Northerly line of Sections 20 & 21 in Township 6 South, Range 44 West Mount Diablo Base & Meridian. A.P. No. : 072-350-050 JPN 072 35 350 01 A 072-360-030 072 36 360 01 A 075-350-010 075 35 350 01 A 081-110-030 081 11 110 02 ptn A ORDER DATE: July 3 , 1985 S.T.R. DATE: December 7, 1984 PM/ba/paug Pacre 16 r---- TAX CODE AREA—— Or /7 '/6 n 20 I?/ -r I 72 r?W ,�, I O I I'. ios �I I rat � 350 0 I r I O ' I � I I � I � I lor 20 1/ 36 ASSESSORS MAP COUNT Y OF SAN MATFO�CALIF CABRiLLO UN/f/ED SCHOOL D/STR/CT r�,n I TAX CODE AREA_ I 72 -36 I rBIS) R4W � I f ao -� 20 12/ F �H �? SAN GRrGORID RANCHO CO BK-7$ i Js a t k t eel /s i ASSE.SOR'S MAP COUI/rr OF SAN MArEO, CALIF CABRILLO UNIFIED SCHOOL tvsmCr rye ti /e i ram' ,• �/ / RJ� M to 1 r l I L \ � O 0 \ \ 1 1 I 1 • � to � � ,'�� 1 1 � BK.71 J5 _ 1 n ED t0 � r+ j I — /? ?S ASSESSOR'S MAP COUN7V of SANAWAFfO CALIF. /'� C.4"LLo UNIFIED scmo C DISTR/Cr , I rAx COVE ;uvA- - - - 75 — 35 r , BK-72 p R. 32 tk • � 112 I,T t�Ir...•- � 6SR4yv >,. .._.. is Mir. ww 14M[d- *� /nNl u1M••' r% � �k�iRt��,, O �a•, WFIT Je O - i 1 , J6 �s ' ASSESSONS MAP COUNtr OF SAN NATEO, CALIF C4MLLO UNIFIED SCHOOL DISTR/Cr /-u�1 EXHIBIT I-J TO AGRP :NT FOR TRANSFER OF INTERi 3 IN REAL PROPERTY ONE OF FOUR PRELIMINARY TITLE RZPORTS (Parcel 2) Order No. 308034-TD SUPPLEMENTAL PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City, CA 94064 (415) 367-9050 MID-PENINSULA REG. OPEN SPACE DIST. Attn : Sandy Voo rhee s 375 Di"tel Circle Suite. D-1 Los Altos, CA 94022 Customer's Reference: Fora of Policy Cove reae Requested: CALIFORNIA LAND TITLE ASSOCIA— TION STANDARD COVERAC,F. POLICY In response to the a2»ve referenced arpl ication for a policy of title insurance, this Comnan a y hereby r n or to that it in pre- pared to issue, or cruse to be issued, as of the date hereof, a Policy or Policies of Title Insurance, deacribincr the land and the estate or interest therein hereinafter set forth, insur- ing against loss •which may be sustained by reAson of any defect, lien or encumbran-s not shown or referrel to as an Exceoticn below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stivulations of "aid Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A Attached. Conies Of the Policy forma should be read. They Are available from the office which i-suel this report, This report (and any su'nnlerents or amendments hereto) is issued solely for the purnose of facilitating the isQuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the i4snance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of September 26, 19R6 at 7:30 a.m. JAMES NORRIS ESCROW/TITLE OFFICER Title of said estate or interest at the date hereof is vested in: ALAN HOSKING RANCH. INC. , formerly known as RANCHO CANADA DE VERDE, INC. , a California corporation Aaae 1 SUPPLEMENTAL REPORT Order No. 308034-TD The estate or interest in the land hereinafter described or referred to covered by this Repnrt is: A FEE At the date hereof exceptions to coveraae in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special Taxes for the fiscal year 1986-R7, now a lien, amount not yet ascertainable. 2. Notice " of Power to Sell Tax-nefaulted Property for non-payment of delinquent taxes for the fiscal year 19R4-95 And 198S-8K. Default No. 5924 Amount to redeem by October 31, 19R6 for the above stated fiscal year and any subsequent years (if any) is $147.33. Notice of Power to Sell Tax-Defaulted Property for non-payment of delinquent taxer for the fi4cxl year 1984-85 and 1985-86, Default No. 5926 Amount to redeem by October 31, 1986 for the above stated fiscal year and any subsequent years ( if Any) is $1 ,640.63. Notice of Power to Sell Tax-Defaultei Property for non-payment of delinquent taxes for the fiscal year 19R4-R5 and 1985-86, nefault No. 5917 Amount to redeer+ -)y October 31, 19R6 for the above stated fiscal year and any subsequent years ( if any) is $90R.34 . Notice of Power to Sell Tax-nefaulted Property for non-payment of delinquent taxes for the fiscal year 1984-85 and 19RS-R6. Default No. 5920 Amount to redeem by October 31, 19R6 for the above stated fiscal year and any subsequent years ( if any) is s656. R4. Notice of Power to Sell Tax-nefaulted Property for non-payment of delinquent taxes for the fiscal year 19R4-R5 and 19R5-86. Default No. 5921 Amount to redeem by October 31 , 19R5 for the above stated fiscal year and any Subsequent years ( if any) is $1 ,R97.62. Daae 2 i a� f SUPPLEMENTAL REPORP Order No. 308034-TD Notice of Power to Sell Tax-Defaulted Property for non-payment of delinc:pient taxes for the fiscal year 1994-95 and 1985-86, Def wilt No. 5912 Amount to redeem by October 31, 19R6 for the above stated fiscal year and any RnbswTuent years ( if any) is 9236. 84 . Notice of Power to Sell Tax-Defaulte3 property for non-payment of delinquent taxes for the fiscal year 1984-85 and 1995-96. Default No. 5923 Arount to redeem by October 31, 19R6 for the above stated fiscal year and any slibseXuent years (if any) is 9274.72. Notice of Power to Sell Tax-Defaulted Property for non-payment of delinquent taxes for the fiscal year 19R4-R5 and 19R5-86. Default No. 5925 � . m R Amount to re�lee by October 31, 19 6 for the above stated fiscal year and any snbisequent years ( if any) is 9734.73 . Notice of Power to Sell Tax-lefaulted Property for non-payment of delinquent taxes for the fiscal year 19R4-R5 and 1985-96, Default No. 5918 Amount to redeem 'iy October 31 , 19R6 for the above stated fiscal year and any subseaiuent years ( if any) is 8397.4R. Notice of Power to Sell Tay-Defaulted property for non-payment of delinquent taxes for the fiscal year 19R4-R5 and 19R5-86. Default No. 5919 Amount to re3ee m by October 31, 19R6 for the above stated fiscal year and any su'bsegnent years (if any) is 9354. 17 . Notice of Power to sell Tax-nefaliltei Property for non-payment of delinquent taxes for the fiscal year 19%34-R5 and 19n5-86. Default No. 5933 Amount to redeem by October. 31, 19R6 for the above stated fiscal year and any subsQ-Tuent years ( if any) is s269.36. Notice of Power to Sell Tax-Defaulted Property for non-payment of delinquent taxes for the fiscal year 19R4-R5 and 1985-86, Default No. 5931 Amount to redeem by October 31, 19R6 for the above stated fiscal year and any s3ubse4uent years ( if any) is s65R.21 . Passe 3 SUPPLEMENTAL REPORT Order Noo, 308034—TD Notice of Poser to Sell Tax-Pefaulted Property for non-Payment of delinquent taxes for the fiscal year 1984-R5 and 1985-86, Default No. 5930 Amount to redeem by October 31 , 1996 for the above stated fiscal year and any subsequent years ( if any) is s503. 45. 3. The Lien of Supplemental Taxes assessed Purs+iant to Chanter 3.5, Commencing ,rith Section 75 of the California Revenue and Taxation Code. 4. EASEMENT FOR ROAD PURPOSES over any and all public or Pri- vate roads within the herein described Pronert . Y 5. RIPARIAN WATER RIGHTS in Bear Gulch Creek as granted in Deed From: Charles Hanson, et al To: The Arroyo de las Presa Water Com,3any, a cortor- atin n Dated: Octnher 1. 1963 Recorded: Octn ber 1, 1R63 F)ook/Reel 3 of Feeds at page/ir+age 602, Records of San Mateo County, California. ALSO RIGHT to erect a dam and reservoir on sail property and right of wa-i across adjacent Property for the conveyance of said water, by proper aqueducts, pines and flumes, as granted in said Deed. Affects portion of the herein described property within Canada Raymundo Rancho. 6. RIGHT OF WAY over the herein described Prnnerty, as reserved in Deed: From: G. i. Rice To: John Solari Dated: October 23, 1RR3 Recorded: Oct,-)bPr 23, 18R3 Book/Reel 36 of r--eds at ra pre/icneae 318. Records of San Mateo County, California. Reserves Right of Way 30 feet wide over Portion of Lot 1, Arata Ranch an3 portion of Canada Raynundo Rancho. The enact lo:atinn of said Right of Way is not disclosed of record. Affects Parcels I & II. Dade 4 t i SUPPLEMENTAL REPORT Order No. 308034—TD 7. RIGHT OF WAY over the herein described nronerty, as granted in Deed: From: Alexander Gordon To: Creek Haymond Dated: October 20, 1890 Recorded: Oct-3ber 24, 1890 Book/Reel 52 of Deeds at pact®/image 393, Records of San Mateo County, California. Grants Right -5f Way for water pine line. The exact lei.ation of said right of way is not disclosed of record. The interest of Creed Haymond in the above riqht of way passes to Henry H. Davis, by Agreement set forth in Exception 8 herein. 8. AGREEMENT relative to water and water pipes as contained in Agreement By: Antoine Rorel and Between: Henry H. Davis Dated.: September 2R, 1498 Recorded: September. 29, 1R9R Book/Reel 9 of Miscellaneous Records at 'nacre/im aae 210, Records of San Mateo County, California. The exact location of said water and water pines is not disclosed of record. 9. RIGHT to extend and maintain culverts and the slopes of cuts and fills for highway, as follows: From: Antonietta Arat, et al To: State of California Dated: June 18, 1924 Recorded: July 3, 1925 Book/Reel . 169 of Official Records at nape/image 29R, Records of San Mateo Co+inty, California. Affects Lot 1, Arata Ranch and portion of Canada Raymundo Rancho herein described, adjacent to Skyline Boulevard. 10. RIGHT OF WAY over the herein described property, as qranted in Peed: From: Rancho Canada de Verde, Inc. , a California cor'no— rati on To: The Dacif is Telephone and Tel earanh Company, its successors and assigns Dated: October 7, 1974 Recorded: Nov3mber 4, 1974 Document No. : 98114—A.K Book/Reel 6731 of Official Records at page/image 313, Records of San Mateo County, California. aaae 5 i i SUPPLEMENTAL REPORT Order No. 309034-TD Grants Riqht of Way for tindergrrntnd wires and appurtenances in , over and under that portion of the Southeast quarter of the Southeast quarter (SE 1/4 of SE 1/4) of Section 21, Township 6 South, Range 4 West, M. D. S. & M. , lying within the confines of County Road No. 48-3, more commonly known as Bear Gulch Road and within the confines of that certain private road, commonly known as Allen Tower Road and Dyer Ranch Road. 11. Said lands have been annexed into the Skyline County Water District by Re solution recorded November 4, 1975 under File No. 7691-AS in Book 6975 of Official Records at page 295, Records of San Matey County, California. 12, DEED OF TRUST to secure an indebtedness in the original amount of 61,206#000.00 and any other amounts and/or li do ob a g ns secured thereby, Trustor: Rancho Canada le Verde, Inc. , a California corpo- ration Trustee: Federal Land Bank of Sacramento, a corporation Beneficiary: Federal Land Bank of Sacramento, a corporation Dated: Se-.7tember 22, 19R1 Recorded: October 5, 19PI Document No. : 9539 9-AS of Official Records of San Mateo County, California. Beneficiary' s Address - P.O. Box 13106-C, Sacramento, Ch 95813 Lean No. - 233611-1 NOTICE OF RESTRUCTURING OF LOAN securing payment of an additional $457 ,053.58 Executed by: The Alan Hoskinq Ranch, Inc. , a California corpora- tion , formerly Rancho Canaria de Verne, Inc. Dated: Au�rtst 10, 1984 Recorded: December 7, 1994 Document No. : 84131349 of Official Records of San Mateo County, California. Covers property under search and other prorerty. 13. FINANCING STATEMENT diver. as additional security for the payment of the indebtedness secured by the Deed of Trust, shown in .Exception No. 19 above. Debtor: Rancho Canada ne verde Inc. , a California corpora- tion Secured Party: Federal Land Bank of Sacramento Recorded: Oct,3ber 9, 19S1 Document No. : 953n3-AS of Official Records of San Mateo County, California. Covers property under search and other prorerty. '°age 6 i I SUPPLEMENTAL REPORT Order No. 308034-TD 14. AGREEMENT RELATIVE TO TIM13ER RIGHTS BY: Big Creek Lumber Company, a California corporation and Between: Rancho Canada le Verde, Inc. , a California corpo- ration Dated: Sentember 29, 19R1 Recorded: Nov-mber 10, 1941 Document No. : 5956-AT of Official Records of San Mateo County, California. Said agreement concerns the dispersement of income from the sale of redwood and doualas fir timber. Covers property under search and other property, SUBORDINATION AGREEMENT: BY: Bic, Creek Lumber Company, a corporation , The Alan Honking Ranch, Inc. , a California corporation, formerly Rancho Canada de Verde, Inc. and Between: Alan Hoskina and Theresa R. Hosking, husband and wife Dated: August 10, 1984 Recorded: December 7, 1994 Document No. : 84131341 of Official Records of San Mateo County, Cal ifornia.rn ia Subordinates the above Agreement to Notice of Restructuring of Loan recorded under Document No. 94 131348 of Off icial Records of San Mateo County, California. Covers property under search and other property. 15. DEED OF TRUST to secure an indebtedness in the original amount of 916,000 .00 and any other amounts and/or obligations secured thereby, Trustor: Ran^ho Canada De Verde, Inc. , a California corpo- ration Trustee: Western Title Insurance Company, a corporation Beneficiary: Big Creek Lumber Company Dated: July 29, 1942 Recorded: Aucrist 11, 19R2 Document No. : 92059353 of Official Records of San Mateo County, California. Beneficiary' s AddreGs - 3564 Highway 1, Davenport, CA 95017 Loan No. - Not shown Covers portion of property under search and other nronerty. i Page ? i I I SUPPLEMENTAL REPORT Order No. 30R034-TD SUBORDINATION AGREEMENT: By: Alan Masking Ranch, Inc. and Between: Big' Creek Lumber Company Dated: October 30, 1984 Recorded: December 7, 1994 Document No. : 84131342 of Official Records of San Mateyo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turing of Loan recorded under Document No. 84131348 of Official Records of Sa n Mateo .,aunty, California. Covers broperty tinder search and other -)rorierty. 16. DEED OF TRUST to secure an indebtedness in the original amount of s47,000.00 and any other amounts and/or obligations secured thereby, Trurstor: Rancho Canada ne Verde Inc. , a California corpor- ation Trustee: Western Title Insurance Company, a corvoration Beneficiary: Bia Creek Lumber Company Dated: July 29, 19R2 Recorded: Aug'1St 11, 1982 Document No. : R200;8354 of Official Records of San Mateo County, California. Beneficiary' s Address - 3594 .Highway 1, Davenport, CA 94017 Loan No. - Not shown Covers property under sears-h and other prorx3rty. SUBORDINATION AGREEMENT: By: Alan Hoskinq Ranch, Inc. anel Between: Biq Creek Liirb®r Company Dated: October 30, 1994 Recorded: December 7, 1994 Document No. : 84131344 of Official Records of San Mateo County, California. Subordinates the above Deus! of Tryst to Notice of Restruc- turing of Loan recorded under Document No. R413134R of Official Records of San Mated County, California. MODIFICATION of DEED OF TRUST by: Big Creek Lumber Company, a California cornoration and Between: The Alan Hoskinq Ranch, Inc. , a California cor- poration formerly known as Ranch Canada de Verde Inc. , a California corporation Dated: AWrist 30, 1985 Recorded: Se-stember 5, 1995 Document No. : 8504OP2R of Official Records of San Mateo County, California. ?aae 8 I 8 SUPPLEMENTAL REPORT Order No. 309034-TD 17. DEED OF TRUST to secure an indebtedness in the original amount of $136 ,003.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada ne Verde, Inc. , a California corpo- ration Trustee: Western title Insurance Company, a corporation Beneficiary: Biq Creek Lurber Comnany Dated: August 9, 1992 Recorded: Auq•ist 11 , 1982 Document No. : 820SA355 of Official Records of San Mateo County, California. ' Beneficiary' s Address - 3564 Highway 1, Davenport, CA 9517 Loan No. - Not shown Covers property under search and other property. SUBORDINATION AGREEMENT: BY: Alan Hoskinct Ranch, Inc. and Between: Big Creek Lumber Company Dated: Oct,3ber 30, 1994 Recorded: Dec®tuber 7, 19R4 Document No. : 84131343 of Official Recordm of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc- turincq of Loan recorded under Document No. R4131348 of Official Records of :pan Mateo County, California. MODIFICATION of DEED OF TRUST by: B3g Creek Lu mber xmbe r C omnan y, a California corporation and Between: The Alan Hoskinq Ranch, Inc. , a California car- porition formerly known as Ranch Canada de Verde Inc. , a California cor'n_ nration Dated: Aug-ist 30, 1985 Recorded: Sep:_ember 5, 1995 Document No. : 85014OR27 of Official Records of San Mateo County, California. 18. DEED OF TRUST to secure an indebtedness in the original amount of 950,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada De Verde, Inc. , a corporation Trustee: Title Insurance and Trust Company , a California corporation Beneficiary: Biq Creek Lur+ber Company Dated: January 29, 1993 Recorded: January 28, 1993 Document No. : 8300898 of Official Records of San Mateo County, California. Beneficiary' s Address - 3594 Highway 1, Davenport, CA 95017 Loan No. - Not shown Covers property under search and other nronerty. Pacre 9 i I t SUPPLEMENTAL REPOW Order No. 308034-TD SUBORDINATION AGREEMENT: BY: Alan Hocking Ranch, Inc. and Between: Big Creek Lumber Company Dated: Oct-5ber 30, 1994 Recorded: T)ece mber 7, 19 R4 Document No. : 841.31345 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice_ of Restruc- turinq of Loan recorded under Document No. 84131348 of Official Records of San Mateo County, California. i MODIFICATION mf DEED OF TRUST by: Big Creek Lumber Company, a California cnrporation and Between: The Alan Hoskinq Ranch, Inc. , a California cor- poration formerly known as Ranch Canaria de Verde Inc. , a California cnrporation Dated: August 30, 1995 Recorded: September 5, 1995 Document No. : 85090P29 of Official Records of San Mateo County, California. 19. DEED OF TRUST to secure an indebtedness in the original amount of 520,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho CanarlA le Verde, Inc. , a California corpo- ration , Theresa Ruth H,3skincr, and Alan Hnsking Trustee: Amtitle Company, a California co rnoration Beneficiary: Big Creek Limber Company Dated: February 16, 1943 Recorded: February 19, 1993 Pocursent No. : P.3016001 of Official Records of San Mateo County, California. Beneficiary' s Add.r3ss - 3554 Highway One Davenport, CA 95017 Loan No. - P1162 Covers property finder search and other property. SUBORDINATION AGREEMENT: BY: Alan Hoskina Ranch Inc. and Between: Bi:7 Creek Lumber Company Dated: October 30, 1994 Recorded: December 7, 19R4 Document No. : 94131346 of Official Records of San Mateo County, California. Subordinates the above Pete of Triint to Notice of Restruc- turinq of Loan recorded under Docivient No. 8413134P of Official Records of San Macao County, California. Page e 10 SUPPLEMENTAL REPORT Order No. 308034—TD MODIFICATION of DEED OF TRUST by: Bid Creek Lumber Company, a California corporation and Between: The Alan Hoskina Ranch, Inc. , a California cor— poration formerly known as Ranch Canada de Verde In--. , a California corporation Dated: Aucpist 30, 19aS Recorded: Se, :ember 5, 1985 Document No. : 8509OR31 of Official Records of San Mateo County, California. 20. DEED OF TRUST to secure an indebtedness in the original amount of $180,000 .00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada De Verde, Inc. , a California corpo— ration Theresa Ruth Hocking, a married woman and Alan Hoskina, a married man Trustee: Amtitle Company, a California corporation Beneficiary: Big Creek Lur*ber Company Dated: February 24, 1983 Recorded: March 1, 19R3 Document No. : 830l981R of Official Records of San Mateo County, California. Beneficiary's Address — 3564 Hic7hway One, Davenport, CA 95017 Loan No. — 81 162 2 Covers property under search and other pronerty. SUBORDINATION AGREEMENT: By: Alan H osking Ranch, Inc. and Between: Big Creek Liur.ber Company Dated: October 30, 19R4 Recorded: ne^smber 7 , 1994 Document No. : P4131347 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Notice of Restruc— turing of Loan recorded under Document No. Rd131348 of Official Records of San Mateo County, California . MODIFICATION of DEED OF TRUST by: Big Creek Lumber Company, a California corporation and Between: The Alan Honking Ranch, Inc. , a California car- poration formerly known as Ranch Canaia de Verde Inc. , a California corporation Dated: Aucrist 30, 1995 Recorded: Se-3tember 5, 1985 Document No. : 95090R30 of Official Records of San Mateo County, California. Page 11 e I SUPPLEMENTAL REPORT Order No. 309034—TD 21. MEMORANDUM OF AGREEMENT, unon the terms and conditions as contained therein Executed by: Alan Hoskins, Theresa Hoskinq and Rancho Canada Pe Verde and Between: Rig Creek Lumber Company Dated: February 10, 19R3 Recorded: June 17, 1993 Document No. : 83060390 of Official Records of San Mateo County, California. Covers property under search and other property. SUBORDINATION AGREEMENT: By: Big Creek Lumber Company, a corporation, The Alan Hoskincr Ranch, Inc. , a California corporation , formerly Rancho Canada de Verde, Inc. and Between: Alan Hoskinq and Theresa R. Hoskincr, husband and wife Dated: Auq+lst 10, 1984 Recorded: December 7, 1984 Document No. : 84131341 of Official Records of San Mateo County, California. Subordinates the above Agreement to Notice of Restructuring recorded under Document No. R413134R of Official Records of San Mateo County, California. Covers property under search and other property. 22. TERMS AND CONDITIONS of that certain unrecorled Timber Sale Contract dated November 21, 1977 & Amendment to said Contract dated December 13, 1982 as disclosed by Memorandum of. Timber Sale Contract executed by & between Alan Hoskinq Ranch Inc. , (formerly Rancho Canada de Verde, Inc. ) , Timber Owner, and between Big Creek Liriber Company, Timber Operator, recorded December 7, 1984 as Document No. R4131349 of Official Records of San Mateo County, California. Covers property under search and other property. 23. TERMS AND CONDITIONS of that certain unrecorde-1 Pnrchase Agreement between arrantor and arantee dated November 13, 1984 as diclosed by I rant Peed from Alan Hnsking, Theresa Hoskinq (also known as Theresa Rnth Hosking) and The Alan Hoskinq Ranch, Inc. , a California corporation formerly known as Rancho Canada de Verde, Inc. , a California corporation, to Biq Creek Lumber Company, a California corporation, dated November 29, 1984 and recorded December 7 , 19R4 under Document No. 84131356 of Official Records of San Mateo County, California. Covers nrope*-ty under search and other 'property. Rage 12 SUPPLEMENTAL REPORT Order No. 308034-TD 24. EFFECT OF that certain Grant need from Alan Hoskin7, Theresa Hosking (also known as Theresa Ruth Hoskinq) and The Alan Hoskincr Ranch• Inc. , a California corporation formerly known as Rancho Canada de Verde, Inc. , a California Dormration, to Bia Creek Lumber Company, a California corporation, dated November 29, 19R4 and recorded December 7, 19R4 under Document No. 8413135E of Official Records of San Mateo County, California , which recites as follows: "Grantee' s unliviled interest shall be that ?portion of the Timber, and loos described above, equal to Four and One-Half (4.5) million boarl feet, net scale, of merchantable Timber. The definition of merchantability, selection of trees for harvest, and scaling method for purnoses of this Dee-1 as well as the deter-ination of the Timber to be harvestel by Grantee, its right to carry out harvesting operations, and other rights and abligations of Grantor and Grantee, are set forth in that certain unrecorded Purchase Agreement between Grantor and Grantee dated November 13, 1994. 0 Covers *property under search and other property. 25. DEED OF TRUST securing performance of the unrecorded Purchase Agreement referred to in Evicention No. 24 above Trustor: Biq Creek Llir+ber Company, a California corporation Trustee: First American Title Insurance Company, a California corporation Beneficiary: Alan Hoskincr, Theresa Hoskinq (also known as Theresa Plith Hoskin? ) and The Alan Hoskincr Ranch, Inc. , ai California corporation formerly known as Rancho Canada de Verde, Inc. , a California corporation Dated: November 29, 19QA Recorded: ')ec-?rber 7, 1994 Document No. : 94131357 of Official Records of San Mateo County, California. Beneficiary' s Addr-Gs - 160FO Skyline Rlvd. , Woodside, CA 94062 Loan No. - not shown Covers property under search and ether prorerty. 26. MEMORANDUM OF OPTION TO PURCHASE AND THE TERMS AND CONDITIONS CONTAINED THEREIN: Between: Mid Peninsula Regional Open Space District (o'Dtionee) And: The Alan Hoskina Ranch, Inc. , Alan Hoskinq and Theresa Hoskinq (Collectively, ortional ) Dated: Auq,.i st 15, 1985 Recorded: September 5, 19PS Document No. : R509OR19 of Official Records of San Mateo County, California. ( Includes thi- and other nrone rty) pane 13 I i SUPPLEMENTAL REPORT Order No. 309034-TD 27. FINANCING STATEMENT aiven as additional security for the payment of the indebtedness secured by the Deed of Trust, shown in Exception No. 12 above Debtor: Rancho Canada De Verde Inc. Secured Party: Fedaral Land Bank of Sacramento Recorded: Au:+ist 1, 1986 Document No. : e6093806 of Official Records of San Mateo County, California. There have been no deeds recorded within the last six months prior to the date of this report, affectinct the herein described property. NOTE: This report is subject to a cancellation charge as required by Sections 1204, et seq. , of the Insurance Code of the State of California and Rule No. 2 of Devartment of Insurance Bulletin No. No. 35 E.F. i II Dage 14 L I I SUPPLEMENTAL REPORT Order No. 30gO34-TD DESCRIPTION The lanl herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL I: Portions of Sections 16, 20, 21, 22 and 2R, Township 6 South, Range 4 West, It. Diablo Rase and Meredian and a portion of Rancho Canada de Raymundo, bein7 more Particularly described as follows: BEGINNING at a concrete monument set in the Southwesterly line of the 100 foot right of way of the State Highway known as "SKY- LINE BOULF.VARn", PiviGion IV, Route 55, Section C, San Kateo County, marking the end of a curve joint in RAid right of way line orPo:site En7ineers Station "A" 472+12,7 2 P.O.T. in the center line of said Highway; thence from said point of beginning, from a tangent that bears North 67" 14' 37" West along the arc of a curve to the right, having a radius of 650 feet and a cen- tral angle of 9° ?R' 200, an arc distance of 107.46 feet; thence leaving said Southwrenterly right of way line of Skyline Boule- vard, North RAO 53 ' 16" Nest 1397. 17 feets thence South 290 36' 50" West 7223.66 feet to P point on the Northerly line of San Grevorio Rancho; thence al,7)rct sail northerly line, South 890 234 16" East 4299.99 feet to the Northeasterly corner of said Rancho; thence alonct the Easterly line of said Rancho, South 10 06' 44" Blest 121 .43 feet to the Southerly line of said Section 21s thence along said Southerly line, South RR° 53' 16" East 3154.62 fyet to a mint on said line which is distant North ROO 53' 15" West 495.01, feet from the Sontheast corner of said Section 21. and last said Tnoint also being a point in the center line of Bear G"Ich Road (County Road No. 4R) ; thence leaving said section line, along the center line of gear Gulch Road, the following coursers South 3RO 15' West 44.00 feet, South 49° A3 ' West 75. 50 feet, South 30" 50' West 55.00 feet, South 12" 15' West 5A.00 feet, South 6" 00' EaQt 259.00 feet, South 40 204 West 39.R? feet, South 15' 10' West 22.62 feet, South 80 30' Fact 51.00 feet, South 320 30' East 42.00 feet, South 57" 50' East 103.50 feet, South 79" 00' Fart 3R.00 feet, North 72" 400 East 60.00 feet, South 770 20' East 34.50 feet, South 470 00' East 47.00 feet. South 730 40' East 25,00 feet, North 790 004 East 55.00 fPAt, South 660 55 ' East 39.64 feet, South 50' 30' last 71.00 feet, South 60" 00' East R1.00 feet, South 40' 35' East 36.00 feet, South 190 00' East 9R.00 feet, South 450 00' East 4R.30 feet and South 97" 30' East 31 feet, more or less, to the Easterly line of Section 28 ; thence along said Easterly line of Section 2R, Northerly 1123 feet, more or less, to the southeasterly corner of said Section ?.1 ; thence Northerly, along the Easterly line of Section 21, to the North- easterly corner of the Southeasterly quarter of said Section Page 15 I i t SUPPLEMENTAL REPORT Order No. 308034-TD 21; thence Easterly, alnna the East and West quarter section line running through section 22, to intersect with said South- westerly line of Skyline Boulevard: thence Northwesterly, along said Southwesterly line of Skyline Boii.levard, to the point of beginning. EXCEPTING THEREFRT-1 a nortion of Section 2R, Township 6 South, Range 4 Wec;t, Mount niablo Rape and Meridian , descibed in the Deed from Cherokee Pror�erties Inc. , a cor'norntion, to Robert M. Scarlett and wife, dated. December 15, 1965 anA recorded December 21, ' 19055 in gook 5OP3 of Official Records, nacre 72 (File No. 22244-Z) . ALSO EXCEPT all nil , gas, oil shale, coal, phosphate sodixtr, gold, silver, and all other metals and minerals of every char- acter lyincr and b3incr within or under that portion of the above described land lying within Rancho Canada D- Raymundr), Plat No. 15, as except-:--d and resarveil in the Deed from the Regents of the University of California recorded January 10, 1947 in Book 1314, Official Records at r-iacre 333 (45049-C) . ALSO EXCEPT an individed 1/2 interest in and to all mineral and oil rights in A portion of the above 1eqcribed land, as reserved in the D-ed from Adam Bianchi & Sons, a Co-Partnership, recorded September 2A, 1991 in Biok 2139 of Official Records at pane 605 (624R9-J) . ALSO EXCEPTING TliEPEFROM all of Parcel M, as said Parcel is designated on the map entitled: "PARCEL '1AP OF A RRSU9DIVISION OF THE SOUTHEASTERLY 1/4 OF SEC. ?1, TOWNSHIP 65, R. 44. , M.D.B. BEING A PORTI:)N OF THE LAND DESCRIBED IN VOLUME 6582 OFFI- CIAL RECORDS AT PAGE 647, SAN MATEO CO(TITY, CALIFORNIA", filed in the office of the County Rat-order of the County of San Mateo, State of California, on January 23. 197q in Book 40 of Parcel Maps at Pacres 42 and 43. FURTHER EXCEPTING LIHEREFROM all of Parcels I and IV as said Parcel is designated on the mpr entitled "PARCEL MAD OF A RE- SURDIVISION OF A PORTION OF SECTIONS 16, 21, & 22 Tss,R. 4W, M.D.B. & M. , AND A PORTION OF RANCHO CANADA DE RAYMUIDO, BEING A POR'A"ION OF THE LAND TNESSPISED IN VOL* 055R2 OFFICIAL RECORDS, PAGE 647, SAN AATEO COUNTY CALIFORNIA* , which Parcel Map was filed in the office of the Recorder of the County of San Mateo, State of California on March 17, 197q in Book 41 of Parcel Maps at Pages 29, 30 and 31. Page 16 SUPPLEMENTAL REPORT Order No. 308034-TD PARCEL IZ: A NON-EXCLUSIVE EASEMENT for ingress and eq ress over portion of Parcel •M" a^ shown on that certain map entitled, PARCEL MAP OF A RESU.9DIVISION OF THE S.E. 1/4 OF SEC. 21 T. 6. S. , R. 4W. McDeB. & H. , BEING A PORTION OF THE LANDS DESCRIREn IN VOL. 69R2 OFFICIAL RECORDS AT PAGE 647 SAN MATEO COUNTY, CALIFORNIA N, filed in the office of the Colin ty Recorder of San Mateo County, State of California on January 19, 197R in Volume 40 of ?parcel I Mars at Pagem 42 and 43. Said Easement being more particularly described as that no rtio n of said Parcel OM" lying within the 50 foot road shown on the above P+ io e e • Parcel nt n d Pa c _1 .art the centerline of which is d.esicrnatcd "C EXISTING ROADBP3n & pROWISEn 509 INGRESS A9D EGRESS E4SEMENr FOR THE BENEFIT OF PARCEL La . Said Easement to be arnurtenant to all and/or any portions of Parcel L as said Parcel is shown on the above mentioned neap. A.P. No. : 07 2-350-020 JPN 072 032 320 02 A 072-350-030 072 032 320 10.02 A 072-350-070 072 032 320 09 A 072-320-120 072 031 320 10 A 072-320-160 072 032 320 03 A 072-320-190 072 032 320 05 A 072-320-190 072 032 320 06 A 072-320-200 072 032 320 07. 01 A 072-320-260 072 035 350 02 A 072-320-250 072 035 350 03 A 072-320-060 072 035 350 04 A 072-320-? 10 072 023 231 02 A 072-320-210 072 023 231 03 A 07 2-3 20-?20 072 021 231 04 A 072-320-230 072 023 231 05,01 A ORDER DATE: Serrate-ber 30, 19Q5 S.T. R. DATE: None RG/jmw (POCT) Pacre 17 c J TAX CODE AREA—,— — — /7 /6 e 20 I IN I z� ro � I � I C 1 I � I 0 I 21 e�MY•� � e ASSESSORS YAP COUNTY OF SAN UATEO,CALIF 36 CABR/L[D UN/;7EG SCHOOL D/STRICT W CODE AREA— ZCOVING— at iov [72 3fl w 1. , §A�f 115 A4R 4 11 13 rr� I,., $61 24 VK PAR I a-, -6 1-4n,vw As, %b PAffclrl j f ► ts 49 44 ws.w a is,w PrN LOr t P .4 F ;a a w In" a so s st S.IL Al. 320 IsT 12 A.I I. 94 0. 1.441 a.All 2G, .01 a a-S—Aassm ", .. , IS AS IL:10, # td 4A,", 1-1 4, w s T. 01. AO#CEJ L % 10. PAN 4 4 A 0. OWN. I mwc 73 it. D/v/slav cr ARATA qAAfcAfo *sm ll/joo AWCEL A94P PM 4014,E-4p PARCEL MAP Vol. 4jf/jV-9,1 A,A,9C-L MAP Mt 411Z9-JI A *vOOSIDE scHooL oisrmcr S�j!SOR�l MAP caLwrr oF SAN AdATZ-0 CAJI,- --CABRILLO UNIFIED SCHOOL DISrRIC?- =orm No. 1068t1 01,'83) 2-nibit A to?? aj rl msry,Ag rrl i�merto*o 2147;3tiI EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE 8 This"my does not insure against loss or demaga net against costs,attorneys'toes or expenses.any or am of which arse by reason of tM following Pan t t. Taxes or aaMaaments which ate net Shown as existing leis by the f*COrda Of any taang authority that levies taxes Of aseeaamerhle On real proPery Of by the public rotor" Proceedings ings by a public agency which may few"in taxes or assoasmenta or notices of such proceedings.whether Or nor Shown by the ne11rda of such agency or by the public records, 2. Any facts,rgfns.interests or Claims which are not shown by the public records but which Could Do sacerbined by an inspection of the land or by making mquiry of persons in Possession that". 3. Easements.hens at enpinibfWWAML or testing thereof.whim we not shown by the public records. 4, Discrepancies.comicts in boundary fines,ahettage in areas enCfOaChmenta of any Other facts which a Correct Survey would disclose,and which are hot shown by the public records. 5. (a)unpatenled mining Clowns;its reservations or exception*in patents or in Acts outhonamg the aaliante IrA~.(C)Water rlghta Wim$or title to water,whether or not the natters excepted under Ie,lot.or(C►are shown by the public retards. 6. Any right title,interest estate or easement in and beyond the limes or Me area specifically described or referred to in Schedule A or in abutting streets.roads,avenues alleys, lanes.ways or waterways.but nothing in the paragraph~modify or limd the extent to which the ordinary right of an abutting owner for access to a physically Open street of highway%iMured by this policy. 7 Any law,ordnance Or governmental regulation(including but not limited to building and zoning Orthnanceal restricting or regulating or prohibiting the occupenty,uaS or enfoyt ment of the land,or regulating the character,dimensions or location of any improvement now or hereafter ereCtad on the land or prohibiting a separation in ownership or a Change in the dimasions or aria Of the lanes Of any Porte#of which the land is Or was a part whether or not shown by the public records at Data of Policy,or the it" et of any violation of any such law,ordinance Or governmental regulation,whether or not Shown by the public records at Data of Policy. 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 lions,encumbrances.adverse claims,or othermatters(a)whetherornotShownbythepublicrrecordsatdateolpWicy.buttrealedcausedsuthredassumedoragreedto by in*insured Claimant to)not shown by the public records and not otherwise*xciuded from Coverage but known to the insured Claimant either at Oat*of Policy or at the date such Claimant acquired an estate or interest insured by this policy of acquired the insured mortgage and not disclosed in writing by the insured Claimant loth*Company prior to in*date such insured claimant became an insured hereunder,IC)resulting in no toss or damage to the insured claimant(Of attaching or created subsequent to Date of Policy.,or(et rasuht- ng in loss or damage which would not have been sustained it the insured claimant had been a purchaser or encumbrancer to value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORMS-1 970(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 ocoupshcy,use or enjoy- ment of the hand,of regulating the character,dimensions or location of any emprovement now or hersafter erected on the land or prohibiting a seMration in ownership of a raduc- lion in in*dimensions of ate*of Me and or the effect of any violation of any such aw,ordinance or governmental reguation. 2. Rights of eminent domain or governmental rights of poke*power unless not"of the exercise of such rights appears in the public records at Dab of Policy. 3. Defects,liens,encumbrances.advere*claims,or other matter (a) created suffered,assumed or agreed to by the awned CaimenC (b► not known to the Company and not shown by the public records but known t0 the insured dormant ether at Date of Policy or at the date$loch Claimant acelutred an estate or interest by this policy and not disclosed in writing by the insured ctatmemt to the Company prior t0 the date such insured claimant became an insured hereunder. (C) resulting in no oat or damage t0 the insured Claimant: (d) attaching of Created subsequent 10O1bof Policy;or (a) rewhingonto"ordoing"whichwouldnothavebeensustainedittheinsuredcaimanthadpaidvaluefor the estate Of interest insured by this policy, 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS in addition to the Exceptions in Scndule 9,you are not insured against tool,costs,attorneys'foot and expenses resulting from' 1, Governmental police power,and the existence or violation of any law or government regulation,This wiCludgs building and zoning ordinances and also laws and regulations concerting: • land use Of land division improvements on the land • environmental protection This exclusion does not limn the zoning Coverage described in items 12 and 13 of Covered Title Rh" 2. The right to take the and by condemnwg IL unless a notice of taking appears in the public records On the Policy Date. 3. Title Risllt e that are Crated allowed or agreed to by you • that are known to you,but not to us,on the Polity Date•unless they appeared in the public reeerda e that result on no loss to you e that first affect your bra after the Polity Date•tow does not limit the labor and material loan coverage in Item 6 of Covered Title Raab 4. Failure to pay value for yew title, 5. Lack of a right • to any land outside the area specifically described and referred to in Item 3 of Schedule A Of 0 in streets,*Item or waterways that touch your lend This exelusnn does not land the aceass coverage in Item 5 of Covered Title Risks SCHEDULE B-EXCEPTIONS in addition to the Exclusions.you are not insured against loan COOS,attorneys'foos,and expenses resulting from: 1. Any rights.interests or claims of parties in possession of in*land not shown by the public records 2. Any easements of liens not shown by the public records. This exception does not limit the loan coverage in Item 6 of Covered Tine Risks 3. Any fads about the land which a correct survey would disclose and which are not shown by the public rocorde. This exception does not limit the forced removal coverage in Item 12 Coe Covered Title Risks 4. Any water rights,Claims or title to water on or under the land Continued on Reverse Side i i r�• �pCi. � c r. E`c_ gw•y o o E. cc"o b u •� pp� o o S py w o V s U i O C • . = Q tr C! 6 Ia� ..ai 3 5 ag $ >a 3� ao�El�� 4 rt�E xa c i As a W w Ism e°� a$ rg . « g Eg a ° a gg «Easy s " W ss s n na 5 $ 'v uaia : a a Q Q W 3 e o � ogg a z < W �► .- n a3x- • $ i tS. is - z v _$ < p 8_ ° . • { v oast « u E 3 z < — z Y; 13s a _ a z o Ada S H a=$ e a u Eas e g 3 p FTr a s$g m W z gp < p x z €io a W s ci • C • Tc3 it V W =ar 3 _ .JSo < u W •a .$ " W '' 0 4a �� a a p _j oa f a g g �- _ b � z Z W i • Wa Tar (A < y� g _• � ° � a g . $$ c W e a a_ o X. a -` o W xaa sag- o � s # Y a IL i W aa � s: � � $ ` i U. IL a W � s a $a a- g a s W ; s .. 3a z € a � �°u � z - . - • . a Q W �b a. a a c w �¢ .. W W W •t a� ! s ad€a a a s y� ; a � I E s c 1p Le W gs F ,1 + is gas ga $�� � � a$g s $ � � � a$$ � e F�� �s • � a � .� � a t a is a • Aga $E EXHIBIT I-J TO AGREE .4T FOR TRANSFER OF INTFRE-1 IN REAL PROPERTY 740 OF FOUR PRELIMINARY TITLE REPORTS Order No. 308604A-TD SUPPLEMENTAL PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwnod City, CA 94064 (415) 367-9050 MID-PENINSULA REG, OPEN SPACE DIST. Attn: Sandy Voorhees 375 Distel Circle Suite D-1 Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: CALIFORNIA LAND TITLE ASSOCIA- TION STANDARD COVERAGE POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is pre- pared to issue, or cause to be iqsued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insur- ing 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, Conditi-)ns and StiTmilations of maid Policy forins. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attmchel. Copies of the Policy forms mhoxild be read. They are available from the office which issued this re*oort. This report (and any supplements or amendments hereto) is issued solely for the pur-)ose of facilitatincy the issuance of a nolicy of title insurancos 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 September 30, 1986 at 7130 a.m. JAMES NORRIS ESCROW/TITLE OFFICER Title of said estate or interest at the date hereof is vested in : RICHARP T. BURGER, a married man Paae 1 SUPPLEMENTAL REPORT Order No. 308604A-TD The estate or interest in the land hereinafter described or referred to coverers by this Rennrt 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 fol lows : 1. General and Special Taxes for the fiscal year 1986-87, now a lien, amount not yet ascertainable. 2. Notice of Power to Sell Tax-Defaulted Property for non-payment of delinquent taxes for the fiscal year 19R5-86. Default No. 5961 Aro•int to redeem by October 31 , 1986 for the above stated fiscal year and any subsoiquent years ( if any) is $190. 27. Notice of Power to Sell Tax-Defaulted Pronerty for non-payment of delinquent taxes for the fiscal year 1990-81, 19R1-92, 19s2-R3, and 1993-P4. Default No. (pay off) Amount to redeem by October 31, 1986 for the above stated fiscal year and any subse-Tuent years ( if any) is 85,264. 19. 3. General and Special Taxes for the fiscal year 19R5-86 in the ar+ount of S443. 75, each installment, have been paid in full. Code Area: 055-004 A.P. No. : 072-320-220 4. The Lien of Supplemental Taxes assessed pursuant to Chapter 3. 5, Commencing with Section 75 of the California Revenue and Taxation Code. 5. EASEMENT for :Z oad Plirpo sHs over any and a l 1 public or private roads within the herein described property. 6. RIPARIAN WATER RIGHTS in Bear Gulch Creek as granted in Peed: Fron: Charles Hanson, et al To: The Arroyo de las Presa Water Comnany, a corporation Dated: October 1, 1R63 Recorded: October 1, 1P63 Book/Reel 3 of Deels at pane/image 602, Records of San Mateo County, California. ALSO RIGHT to erect R dam and reservoir on said property and right of way across adjacent vroperty for the conveyance of said water, by proper aqueducts, Mines and flumes, as granted in said heed. Affects portion of the herein described property within Canada Raymundo Rancho. Page 2 SUPPLEMENTAL REPORT Order No. 3086O4A—TD i 7. RIGHT OF WAY over the herein described property, as granted in Deed: From: Alexander Gordon To: Creed Haymond Dated: Oct,)ber 20, 1890 Recorded: October 24, 1890 Book/Reel 52 of Deeds at page/image 393, Records of San Mateo County, California. Grants Right nf Way for water dive line. The exact lor_ation of said right of way is not disclosed of record. The interest of Creed Haymond in the above right of way passed to Henry H. Davis. s. AGREEMENT relative to water and water pipes as contained in Agreement Between: Antoine Borel and: Henry H. Davis Dated: September 29, 1R913 Recorded: September 29, 1999 Book/Reel 9 of Misr-ellaneous Records at rage/image 210, Records of San Mateo County, California. The exact location of said water and water pines is not disclosed of record. 9. RIGHT OF WAY over the herein describedi property, as reserved in Deed: From: G. H. Rice To: John Solari Dated: October 23, 18R3 Recorded: October 23, 1P43 Book/Reel 36 of Ix-nds at pale/image 319, Records of .San Mateo County, California. Reserves Right of Way 30 feet wide over nortion of Lot 1, Arata Ranch an3 portion of Canada Raymundo Rancho. 10. RIGHT to e-,ctend and maintain culverts and the slones of ciits and fills for highway in the I)eed Fror+: Antonietta Arata, et al To: State of California Dated: Junes 18, 1924 Recorded: July 3 , 1925 Book/Reel 169 of Official Records at page/image 2R9, Records of San lateo County, California. Affects Lot 1 , Arata Ranch and ?portion of Canada Raymundo Rancho herein described,. Page 3 t i i i SUPPLEMENTAL REPORT Order No. 308604A-TD 11. RIGHT OF WAY over the herein described property, as granted in Deed: From: Karl L. Petterson and wife To: Pacific Gas and Electric Company, a California corporation Dated: July 6, 1955 Recorded: Augrtst 12, 1955 Document No. : 76797-M Book/Reel 2P56 of Official Records at page/image 164, Records of San Mateo County, California. Grants Right of Way for 20 feet wide along the existing road within Sections 21 and 24. 12. EASEMENT over the herein described nroperty, as granted in Deed: From: Rancho Canada De Verde, Inc. To: Skyline County Water District Dated: July 8, 1977 Recorded: Aucrii st 10, 1977 Document No. : 5A641-AL Book/Reel 7570 of Official Records at page/image 410, Records of San Mateo County, California. Grants Easement for waterlines and anourtenances. Affects a 20 foot stri-+ within the Fasterly portion. 13. DEED OF TRUST to secii.re an inlebtelness in the original amount of s145,000. 00 and any other amounts and/or obligations secured thereby, Trnstor: Rancho Cana•la le Verde, Inc. , a California cor- per?tion Tr1istee: First American Title Ins-tirance Company, a California corporation Beneficiary: Betty Jane Costales, a widow, as to an undivided 13.79% interesz, Frederick W. ':o de and Marilyn J. Goode, his wife, as Joint Tenants, as to an undivided 27.05!; interest Roy F. Hurst anI Janet M. Hurst, his wife , and Cynthia Hurst, their dau3hter as Joint Ten Ants , as to an undivided 24.55% interest, Conmercial Finance Com,3any, a partnershir as to an undivided 21.72% interest and John McXellip, an unmarried man, as to an undivided 12/.RR-. interest Dated: May 2, 19RO Recorded: May 5, 1980 Document No. : 4527 R-AP Book/Reel 7957 of Official Records at nacre/inage 467, Records of San Mateo County, California. Beneficiary' s Address - Not shown Loan No. - Not shown Covers property under search and other property. Page 4 SUPPLEMENTAL REPORT Order No. 309604A-TD THE EFFECT OF THE FOLLOWING ASSIGNMENTS: ASSIGNMENT From: Frederick W. Goode, Marilyn J. Goode, by Muriel Van Hoosear, their attorney in fact To: Gregory Goode, a single man as to an undivided 30. 570- interest. This leaves Frederick W. Goode and t*arilyn J. Goode, his wife as joint tenants, as to an undivided 2.24% interest of the total lean. Graqnry Goode, a single man as to an undivided 8. 27% interest of the total loan Dated: June 5 , 1991 Recorded: July 31, 1981 Document No. : 7316 1-AS of Official Records of San Mateo County, California. Assigns all interest in need of Trust recorded in Bonk/Reel 7957 of Official Records at page/inage 467. Assignee's Address : c/o Herzer Financial Services, Inc. , 530 Oak Grove Avenue, Suite 202, 4enlo Park, California 94025 ASSIGNMENT From: Frederick W. Gnnde, Marilyn J. Goode, by Muriel Van Hoosear, their attorney in fact To: Christopher Conde, a single man as to an undivided 30.57% interest. This leaves Frederick W. Goode and Marilyn J. Gon-le, his wife as joint tenants, as to an undivided 2.24% interest of the total loan . Christopher Goode, a single man as to an undivided 9.27% interest of the total loan Dated: June 5, 19R1 Recorded: July 311, 1981 Document No. : 73152-AS of Official Records of San Mateo County, California. Assigns all interest in nAed of 'Trust recorded in hook/Reel 7957 of Official Records at pale/inage 467. Assignee' s Address, : c/o Herzer Financial Services, Inc. , 530 Oak Grove Avenue, Suite 202, Menlo Park, California 94025 ASSIGNMENT From: Frederick W. Goode, Marilyn J. Goode, by Muriel Van H oosear, their attorney in fact To: Jennifer Goode, a single woman as to an undivided 30. 583. interest. This leaves Frederick W. Goode and F'arilyn J. Cnode, his wife as joint tenants, as to an undivided 2.24% interest of the total loan. Jennifer Goode, a single woman as to an undivided 8.27% interest of the total loan Dated: June 5, 1981 Recorded: July 31, 19R1 Document No. : 73133-AS of Official Records of San Mateo County, California. page 5 I SUPPLEMENTAL REPORT Order No. 308604A-TD Assigns all interest in Deed of Trust recorded in Book/Reel 7957 of Official Records at page/image 467. Assignee' s Address: 530 Oak Grove Avenue, Suite 202, Menlo Park, California 94025 ASSIGNMENT From: Christopher Goode, by Muriel 'Jan Hoosear, his attorney in fact To: Frelerick W. Goode and Marilyn J. Goode, his wife as joint tenants Dated: June 10, 1982 Recorded: June 17, 19Q2 Document No. : 8205 0969 of Official Records of San Mateo County, California. Assigns all interest in Deed of Trust recorded in Book/Reel 7957 of Official Records at paqe/image 467. Assignee' s Address : c/o Herzer. Financial Services, Inc. , 530 Oak Grove Avenue, Suite 202, 4enlo Park , California 94025 ASSIGNMENT From: Roy F. Hurst, Janet M. Hurst, Cynthia Hurst, by Zhristine G. Bedsole, her attorney in fact To: Herzer Financial Services, Inc. , a California cornorati on Dated: March 5, 19P4 Recorded: March 12, 19R4 Document No. : R40264 80 of Official Records of San Mateo County, California. Assigns all interest in Deed of Trust recorded in Book/Reel 7957 of Official Records at page/image 467. Assignee' s Address: 530 Oak Grove Avenue, Suite 202, Menlo Park, California 94025 ASSIGNMENT From: Gary E. Gamel, Christine G. Bedsole and Noni L. Robbins, all as trustees To: Herzer Financial Services, Inc. , as to a 6.09, interest in the total loan Dated: lay 5, 1985 Recorded: June 7, 1985 Document No. : 95037014 of Official Records of San Mateo County, California. Assigns all interest in Deed of 'trust recorded in Book/Reel 7957 of Official Records at pa:Te/iziage 467. Assignee's Aridres4: 530 Oak Grove Avenue, Slzite 202, Menlo Park, California 94025 o3Re 6 SUPPLEMENTAL REPORT Order No. 308604A-TD ASSIGNMENT From: Marilyn J. Goode:, by Christien G. Bedsole, her attorney-i n-f act To: Herter Financial Services, Inc. Dated: Auerast 5, 1986 Recorded: Aucn:st 20, 1986 Document No. : 96100095 of Official Records of San Mateo County, California. Assigns 13.790-. interest in Deed of Trust recorded in Book/Reel 7957 of Official Records at page/image 467. Assignee' s Address: 530 Oak Grove Ave. , Suite 202, Menlo Park, CA 94025 14. CERTIFICATE of "amount of delinquent tax and penalties due" filed pursuant to Section 2191.3. Revenue and Taxation Code: Amount: s76.37 Taxpayer: Burner Richard Certificate No. : 24507 Tax Year: 197 R-197 9 Dated: Novenber 19 , 1992 Recorded: May 21, 1982 Document No. : 82042493 of Official Records of San Mateo County, California. 15. MEMORANDUM OF OPTION TO PURCHASE AND THE TERMS AND CONDITIONS CONTAINED THEREIN: Between: Mid Peninsula Regional Onen Space District (off ionee) And: The Alan Hoskina Ranch, Inc. , Alan Hooking and Tharesa Hoskin? (Collectively, optional ) Dated: Auaist 15, 19SS Recorded: Seute-ber 5, 19R5 Document No. : 85090R19 of Official Records of San Mateo County, California. ( Includes this and other property) There have been no deeds recorded within the last six months arior to the date of this re'nort, affecting the herein described property. NOTE: This report is subject to a cancellation charge as required by Sections 1204, et seq. , of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E.F. Page 7 t �I i SUPPLEMENTAL REPORT Order No. 308604 -A T D DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo , and is described as fallows: Parcel IV as shown on that certain man entitled "OARCEL MAP OF A RESUBDIVISION OF A PORTION OF SECTIONS 19, 21 & 22, T 6 S. , R 4 W, M. 7. Be & M., AND A PORTION OF RANCHO CANADA DE RAYMUNDO, BEING A OORTION OF THE LAND DESCRIBED IN VOL. 6582 O.R. PG. 647, SAN MATEO COUNTY, CALIFORNIA* , filed in the office of the County Recorder of San Mate,) County, State of California, on March 17, 1978 in Book 41 of Parcel Maps at page(s) 29, 30 and 31. A.P. No. : 072-320-220 JPN 072 032 320 04 A 07 2-3 20-2 3 0 ORDER DATE: Septe:nber 30, 1996 S.T.R. DATE: None RG/Jmw (POCT) t Page 8 41 PA,WSL t pcI.:r Lidtw Z� fir\ 46 / •.ar • .,i p•,r !� ► �` * a•tr n+•�,. ..� • hw.l a•.a•,•wwN r.4f VOG.35 AM 9j10 AW PAWNO •a qq / Z* '\� J.ffl` ��-t.. \+.rn.Ir) K/ Y„w.,1,7OY I'r7 fr'•w'(ti1{KOMaii-� I►+a �� C� %all n, r.a..,a+Y tr,.a * � ��ri• N+..a .Nn tf,q.A......JA.w►I..r ~� 1 K. \4*.3S�Kd'! Mawr•1..Y.n.a.n�••r.,rrwa,N r�,u OASIS Ofe[ARaN, -r711R mta ih.Y a R,.Y not t».turYO,r a 1fr ISnt1 '� c+, /. C a'p hsronn. You Should not rely u •,Lo. t. L� r I t 7 a+•(�+..,Y upon n ICY �? YNw,.t1 IAr Itf,«,SrY.i.• ury pur{sae otl.fr 111•n w,Pn:•Iron Iq Itfs pen•ry �i'a. l!1 #� 1CL 0� V 1•'=-' ro ul Ca,p:rr.ul a p.•rcn4 drp�raod. First R^•"N�"'f"-ti rr w.,,r M 4� �t Atar.C3.rc;,:...a!,,l-:d,;r.....:r p S- l!v bar AY *WAIr .r n'wa•MM A (fwla � •.1:,,._ylu�i,u�.. ,.:....•...arn•Y,a...ltfrom' z� a 4 ,rlra,.�•urJn ura nI•y.' � tw'�.. ��•a1',Y •.,.: �a G1AR 40 Lorm A" YOL.?MAPS 'e,� �t:� •t W,EH 17� Paccaa ft PiAc�� Jr P lrs/w,l•a+..w..tw.I.�.,.y-Opp i •«u,.S (•na.r f alauln, YI,aMf. rarin•r-rrtir �aV� •errVast • .ta alrawil i~N ra.A w„u n•rV rt., • (M•[Yr E a(�\�+f;y(► V# `'l L�/yTr a.ia.:ua, w...r14 (l RANCHO LA�GAOA e.tr;.0 w.., • �•..r PW far,w•.ON AW ^•^""r """ OE VEROE •••+r,fn, ,.la.. f"40AW LOT A4C VOL.2 n,rAiS 99 R- RC E L MAP' W A RE.UODMSION Of A ►ORTI r•La. a rrwr (•aa ar 1 •,{ N.,'t.M'!IYr .It K 9EGtlONf r01 rwr•1 w.)iol��4•Itltl,42L T.41 e4W M094W.1WDA PORTION Of a�;,I „,0A •, I IQ It"L640 CAQADADI RAVMUWV%OEWGA IORTION YA /V�0 Of THE LAND VE64RIDED Of VOL GGRi DR f\647 PLL.L� PGL.J s.+wne cauar c!L., ,A ¢ VOL.9h RAY.4-5 • LL •IM ++ '' 29 P•M.2t F15CH9 R LANO SURVEYs�w P.O. SOIL 4162 W1OOPSIDE C'.•119 c415)111111-1296 •+aaa a M a VaafY .«.,,«• r.•..waa,a+.I mu•.ara+,.a u Form No. 1068-1 (11/83) f EAhibit A to Preliminary Report EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B This policy does not insure against lose or damage,nor against costs,attomeye fps or expense&any or ail 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 assesements on real property or by the public record& 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,right&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 ores encroachment&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 nights,claims of title to water. 8. Any right,title,interest estate of easement in land beyond the lines of the area Specifically described or referred to in Schedule A.or in abutting shots,roads.svenuo&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. T Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoy- ment of the lanq 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 reduc- tion in the dimensions,or area of the land,or the effect of any violation of any Such law,ordinance or governmental regulation. e. Rights of eminent domam 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:(lit not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Oate of Poiicy 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 insure 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:(it) attaching Otcreatedsub8equentto0ateot POlic)ror(e) resulting in loss or damage which would not have been sus- joined 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 i. Any law.ordinance or governmental regulation lincluding but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy.use or enjoy- , merit 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 redoc. lion 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 m the public records at Date of PO"Cy. 3. Defect&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 am 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. (it) attaching or created subsequent to Date of Policy;or to) resulting in iossor 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&you are not insured against toss,costs,attorneys'fees and expenses resulting from: i. 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 • fond 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 we crested allowed or agreed to by you • that ore known to you,but not to us,on the Policy Oat*-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 tabor 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 street&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 Exclusion&you an not insured against too&cost&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 hen 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 Reverse Side , i. I, 1 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE(AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. My law.ordinance orgovernmontal regulation(including but not limilodtobuilding 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 pokes power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3 DNscts liens encumbrances,adverse claims or other mafters (a1 coated,suNered assumed a 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 Me insured claimant to the Company prior to the dale such insured claimant became an insured hereunder, (C) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Dale of Policy(except to the extent insurance is afford- ad herein"to any statutory lien for labor or material or to the extent insurance isaftorded herein as to assessments for street improvements under construction or corn- pleted at Date of Policy►. 4. Unenforeeabiiity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtednes to comply with applicable"doing business"laws of the stale in which the land is situated S. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORMS-1970(AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE i. Any taw,ordinance orgovemmental reputation(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 ore 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 governments#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,orothermatters (a) created.suffered.assumed oragreedtobytho Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Data 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 loth*date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attach- ing 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 forthe estate or interest insured by this 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 record& 2. My facts,right&interests,or claims which are not shown by the public records but which could be ascertsined liven 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 coned survey would disclose,and which are not shown by public records 5. Unpalented mining claims.reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights claims or title to water. S. Any lien,or fight to a lien,for services,labor or material heretofore or hereafter furnished imposed by jaw and not shown by the public records. S. 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 oxprossy excluded from the Coverage of this pokry: 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 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 of Dale of Policy. 3. Defects,liens,encumbrances adverse claims,or other matters (a) created suffered,assumed oragrood tobytho 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 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. UnenforceabilityofthelionoftheInsuredmortgagebecouseoflailureoftheinsurodstDefectPolicyorofanysubseatentowneroltheindebtednesstocompywithapplfcable"do- kip business"laws of the state in which the land is situated '.. SCHEDULE B This Policy does not insure against loss or damage by reason of the matters shown in pans 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. Anyfects,rights,interests.orclaimswhich arenot shown by thepublrc records but whichcouldbo ascertained byan inspection of saidlandor by making inquiryof personsrn posses- '.. lion 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. Unpalented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;wafer rights,claimsor title to water. 6. Any lion,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by tho,public records C EXHIBIT I-J TO AGR. ENT FOR TRANSFER OF INTER_ 'S IN REAL PROPERTY THREE OF FOUR PRELIMINARY TITLE REPORTS Order No. 3086045-TD SUPPLEMENTAL PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City, CA 94064 415 367-9050 MID-PENINSULA REG, OPE:.J SPACE nIST. Attn : Sandy Voo rhee s 375 Diatel Circle Suite D-1 Los Altos, CA 94022 Customer's Reference: Form of Policy Coverage Requested: CALIFORNIA LAND TITLE ASSOCIA- TION STANDARD COVERAGE POLICY In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is pre- pared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance, describinq the land and the estate or interest therein hereinafter set forth, insur- ing 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 ex:^luded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available fro* the office which issued this report. This report (and any sunplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of September 30, 19R6 at 7:30 a.m. JAMES NORRIS _ ESCP.OW/TITLE OFFICER Title of said estate or interest at the date hereof is vested in: RICHARD T. BURGER, a married man, as his sole and separate property Page 1 SUPPLEMENTAL REPORT Order No. 308604E-TD The estate or interest in the land hereinafter described or referred to covered by this Renn rt is: A FEE At the date hereof excevtinns to coverage in addition to the printed evicentions and exclusions contained in said policy form would be as follow-;: 1. General and Special Taxes for the fiscal year 19R6-R7, now a lien, amount not yet ascertainable. 2. General and Special Taxes for the fiscal year 19R5-86 in the amount of s20.64, each installment, have been raid in full. Code Area: O87-003 A.P. No. : 072-320-2R0 3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, Commencinc7 with Section 75 of the California Revenue and Taxation Cade. 4. EASEMENT for road mir7)oses over any and all public or private roads within the herein described property. 5. RIGHT OF WAY over the herein described property, as granted in Deed: Fror": Alexander Gordon To: Cree,l Haymond Dated: October 20, 1890 Recorded: October 24, le90 Book/Reel 52 of *reds at page/imacre 393, Records of San Mateo County, California. Grants Right of Way for water nine line. The exact location of said right of way is not disclosed of record. The interest of Creed Haymonl in the above ria'ht of way parsed to Henry H. 'Davis, by Agreement set forth in Exception 5 herein. 6. AGREEMENT relative to water and water pipes as contained in Agreement: Between: Antoine Bnrel And: Henry H. Davis Dated: September 29, 1898 Recorded: en*te-ber 29, 1498 Book/Reel 9 of Miscellaneous Records at page/image 210, Records of San Mateo County, California. The exact location of said water and water nines is not disclosed of recorl. VRae 2 SUPPLEMENTAL REPORT Order No. 308604E-TD 7. RIGHT OF WAY over the herein described property, as granted in Instrument: From: John S. Wickett, Trustee To: The pacific Telephone and Telegraph Company, a corporation Dated: September 25, 1957 Recorded: December 2, 1997 Document No. : 1377-0 Look/Reel 3315 of Official Records at page/image 285, Record: of San Mateo ,County, California. Grants Right of Way 20 feet wide, with the right to cons- struct, place, insoect, maintain, renove repair, rerlace, use, operate and patrol such aerial wires, cables and other electrical conductors with associated poles, cronsarms, anchors, guys and fixtures as grantee may from time to time require and with the right of access thereto over the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 21 and the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 28. e. RIGHT OF WAY over the herein described vroperty, as granted in Agreement: From: Calvin Y. Dyer and Dora F. Dyer, his wife (First Part ies) To: John S. Wickett, Trustee (Secon-1 party) Dated: Mmr^h 14, 1958 Recorded: Dec°�nber 17, 199P Document No. : 3397-R nook/Reel 3514 of Official Records at P acre/imaae 99 Records of San Mateo County, California. Grants Ric7ht of play for R nerind of 7 yyear4 frnm the date thereof, over, thrnuah and aloncr a certain 1. 6 mile surfaced road, for the purpose of transportincr merchantable timber in favor of the tarty of the first cart, as a ranted by party of the second part over the Yorthea_st 1/4 of the Northeast 1/4 of Section 2P and the Southeast 1/4 of the Southeast 1/4 of Section 21. 9. TIMBER SALE AGREEMENT of July 30, 1963 Between: Fre:erick G. Knoop, as Seller And: John S. Wickett, as Purchaser as disclosed by Deed From: Frederick G. Knoop and Grace Gilmore Knoop, his wife To: Cherokee Pronerties, Inc. , a corporation Dated: April 30, 1994 Recorded: may 4. . 1964 Document No. : 17936-X Rook/Reel 4703 of Official Records at page/image 331, Records of San Mateo County, California. pace 3 SUPPLEMENTAL REPORT Order No. 308604E-TD 10. AGREEMENT relative to timber rights Between : Big Creek Lumber Company, a California corporation And: Rancho Canada de Verde, Inc. , a California cor- -vora ti on Dated: September 29, 1981 Recorded: November 10, 19R1 Document No. : 5655-AT of Official Records of San Mateo County, California. Covers 'mronerty under search and other property.party. 11. CERTIFICATE of "amount of delinquent tax and penalties due" filed u i d pursuant to Section 191 2 .3, Revenue an d Taxation Code: Amount: s76.37 Taxpaver: Burger Richard Certificate No. : 24507 Tax Year: 1978-1979 Dated: November 19, 19R2 Recorded: May 21, 19R2 Document No. : 82042493 of. Off icial Records of San Mateo County, California. 12. DEED OF TRUST to secure an indebtedness in the original amount of $16,000 .00 and any other amounts and/or obligations secured thereby, Trustor: Ran-zho Canada de Verde, Inc. , a California core. Trustee: Western Title Insurance Comps:ny, a corporation Beneficiary: Bi? Creek LTu*1her Company Dated: July 29, 19R2 Recorded: Aupist 11 , 19R2 Document No. : 82069353 of Official Records of San Mateo County, California. 5eneficiary' s Addr-ers - 3564 Hi(Thway 1 , Davennort, CA 95017 Loan No. - Not shown Affects this and other property. 13. DEED OF TRUST to secure an indebtedness in the original amount of $47,000.00 and any other amounts and/or obligations secured thereby, Trustor: Ran=ho Canada de Verde, Inc. , a California core. Trustee: Western Title Insurance Company, a corporation Beneficiary: Biz Creek Lumber Coml3any Dated: July 29, 1982 Recorded: Aug�is:. 11, 1982 Document No. : R205R354 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway 1, Davennort, CA 94017 Loan No. - Not shown Affects this and other properties. Page 4 11 SUPPLEMENTAL REPORT Order No. 308604E-TD MODIFICATION of DEED OF TRUST by: Bi4 Creek Lumber Company, a California corrv3ration and Between: The Alan Hoskina Ranch, Inc. , a California cor- pori ti on f ornerl y known as Ranch Canada de Verde Inc. , a California corporation Dated: Auc•ist 30, 1985 Recorded: September 5, 19R5 Document No. : 85090R2R of Official Records of San Mateo County, California. 14. DEED OF TRUST to secure an indebtedness in the original amount of s139,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada de Verde, Inc. , a California cor- roration Trustee: Western Title Insurance Com'3any, a corporation Beneficiary: Big Creek Lur+ber Com-3any Dated: Aucrist 9, 19R2 Recorded: Aurist 11, 1982 Document No. : 82058355 of Official Records of San Mateo County, California. Beneficiary' s Add? sm - 3564 Hicthway 1, Davenport, CA 95017 Loan No. - Not shown Affect:: this and other prorerties. MODIFICATION of DEED OF TRUST by: Big Creek Lumber Co-nu p any, a California corporation and Between: The Alan Hoskinrt Ranch, Inc. , a California cor- roration for"erly known as Ranch Canada de Verde In--. , a California corporation Dated: Aucri st 30, 1985 Recorded: Se-34--Artber 5, 19R5 Document No. : 8509OR27 of Official Records of San Mateo County, California. 15. DEED OF TRUST to secure an indebtedness in the original amount of $50,000.10 and any other amounts and/or obligations secured thereby, Trnstor: Rancho Canaria de Verde, Inc. , a cor-oration Trustee: Title Insurance and Trust Company, a California corporation Beneficiary: Biq Creek Lumber Company Dated: Jarriary 2R, 1993 Recorders: Jan=iary 29, 1993 Document No. : 83008984 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Hicthway 1, Davenport, CA 95017 Loan No. - Not sh-rvn Affects this and other properties. I Paste 5 I i i SUPPLEMENTAL REPORT Order No. 308604E-TD MODIFICATION of DEED OF TRUST by: Sia Creek Limber Company, a California corporation and Between: The Alan Hoskina Ranch, Inc. , a California cor->o- ration formerly known a, Ranchn Canada de Verde, Inc. , a California corporation Dated: Au:rist 30, 1985 Recorded: Sentenber 5, 1945 Document No. : 85090R29 of Official Records of San Mateo County, California. 16. DEED OF TRUST to secure an indebtednsess in the oriqinal amount of 020,001 .00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada de Verde, Inc. , a California cor- poration and Theresa Ruth Hoskinq and Alan HoskincT Trustee: Amtitle Company Beneficiary: 3iq Creek Lumber Com-)any Dated: February 16, 1983 Recorded: February 1R, 1993 Document No. : 83016001 of Official Records of Ran Mateo County, California. Beneficiary' s Address - 3564 Hicthway One, Davenport, CA 95017 Loan No. - Not shown Affects this and other nrnnerties. MODIFICATION of DEED OF TRUST by: Bid Creek Lumber Company, a California corporation and Between: The Alan Hoskinq Ranch, Inc. , a California corpo- ration formerly known as Rancho Canaete de Vera, Inc. , a California cnrnnration and Theresa Ruth Hos:.inq and Alan Hoskinq, individually Dated: August 30, 19R5 Recorded: September 5, 19R5 Document No. : 9909OR31 of Official Records of San Mateo County, California. 17. DEED OF TRUST to secire an indebtedness in the original ar^ount of $180,030.00 and any other amounts and/or obligations secured thereby, Triistor: Rancho Canada -le Verde, Inc. , a California corpo- ration and Thareca Ruth Hoskinq', a married woman and Alan Hoskinq, a married man Trustee: Amtitla Company Beneficiary: Bicq Creek L,inber Company Dated: February 24, 1983 Recorded: March 1, 1983 Document No. : 83014R1R of Official Records of San Mateo County, California. Beneficiary's Addr4ss - 3564 Highway One, Davenport, CA 95017 Loan No. - Not shown Affects this and other properties. Pacte 6 t SUPPLEMENTAL REPORT Order No. 308604E-TD MODIFICATION of DEED OF TRUST by: Big Creek Lumber Company, a California corporation and Between: The Allan Hoskina Ranch, Inc. , a California co mo- ration formerly known as Rancho Canada de Verde, Inc. , a California corporation and Theresa Ruth Hosking and Alan Hooking, individually Dated: Aualist 5 , 19R5 Recorded: September 5, 1995 Document No. : 8509OP30 of Official Records of San Mateo County, California. 18. DEED OF TRUST to secure an indebtedness in the original amount of $70,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada 3e Verde, Inc. , a California corpo- ration and Theresa Ruth Hoskinq, a married woman and Alan Hosking, a married lean Trustee: Amtitle Company Beneficiary: Bice Creek Lumber Company Dated: Mar::h 7, 1983 Recorded: July 19, 1983 Document No. : 83073782 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highway 1, Davenport, CA 95017 Loan No. - Not shown Affects this and other properties. 19. EASEMENT over the herein described property, as granted in Deed: From: Richard T. Burger To: Sig Creek Lumber Company Dated: November 13, 199A Recorded: DecAmber 7, 19,44 Document No. : R4131363 of Official Records of San Mateo County, California. Grants Easement for roadway. Affects existing roadways. 20. TERMS OF RECIZAL as contained in Grant Heed of Easement from Richard T. Burger to Big Creek Lumber Company, dated November 13, 1984 recorded December 7, 1914 under Document No. 84131363 of Official Records of San Mateo County, California, which rends as follows: This easement shall terminate at such time as any and all rights of Crantee, under that certain Purchase Agreement between Grantee and Alan Hosking, Theresa Hosking (also known as rheresa Ruth Hoskinq), and The Alan Hosking Ranch Inc., a California corporation, formerly known as Rancho Canada de Verde, Inc. , a California corporation, have been fully performed or otherwise such rights have terminated pursuant to the Purchase Agreement. Affects Parcel II. 'J3Qe 7 SUPPLEMENTAL REPORT Order No. 308604M-TD 21. MEMORANDUM OF OPTION TO PURCHASE AND THE TERMS AND CONDITIONS CONTAINED THEREIN: Between: id Dninszl M e i a Regional Open Space Dist rict trio (opc io nee) And: The Alan Hoskina Ranch Inc. Alan HoskinQ_ and Theresa Hoskins (collectively, optional ) Dated: AuTast 15, 1995 Recorded: September 5, 1995 Document No. : R5090819 of Official Records of San Mateo County, California. ( Includes this and other property) There have been no deeds recorded within the last six months prior to the date of this report, affecting the herein described property. NOTE: This report is subject to a cancellation charge as required by Sections 1204, et seq., of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. One 35 B.F. Page 8 t I SUPPLEMENTAL REPORT Order No. 308604E-TD DESCRIPTION The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: Parcel 1, as shown on that certain map entitled "nARCEL MAP OF A RESUBDIVISION OF PARCEL "Mn AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43, AND DESCRIBED IN 7714 O.R. 1495, SAN MATEO COUNTY, CALIFOP.NIA", filel in the office of the County Recorder of San Mateo County. State of California, on January 9, 1980 in Volurme 4R of Parcel Maps at page(s) 92 and 93. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the reed from Adam Bianchi & Sons, a co-oartnershio, recorded September 29, 1951 in Book 2135 of Official Records at page 605 (File No. 62489-J). A.P. No. : 072-320-290 JPN 72 32 320 7.02 A ORDER DATE•': September 30, 19R6 S.T.R. DATE: None RGtjnw (POCT) Page 9 L t )fr...rw e•).v )IWO N•• w\f (a),a••n v\ yr- r==.�2Y -7"��� 1 wvuFY ),,. foul r'w iww ,_•>♦.r\ t141- Q.rYvr• y.\ 4^rIYNp_i nw /t1 LA..4. wAy-IF A—, A*./l aa•\)r. 1.nw ,fry — �]!w•-w'� rfv I•rr•\rl .)11.•r_).-« !ww w �_i M.r H•■ n n wr or h_4L �.. 1.1 AA—Iv-Al hl �IWW4'�f a•\f.r. r)-1 tyA l w,\r�r ' . f)•n Yy r !�-_- ! __ y-• tY w' • r/.alfY f a•\) \'• s).•f N.r M f)•Y »1' Fu•.\n•w rl. t. \.ry'N•l wiw 5.1 Awd/N., rnarr .w•n sr\ x�f ut i'�trq\gw »n• `�a•Y of \ . IGl/ 11,N•11'N•w IN Y' )r)-�Ftr• Mr' ' rN•A rV ).f1fn' \\fl' - - -N_K�rw ..). w•n rr-. •1) )� Q!Rwtrw Yrw a.�N•Ynr IY n' - •N• fV YY• alfr r�r •rww'w Olt, ') w• I.rrn• onl ,wwa'• yr O•WmlrwE,n—__«r M i in.r '_►—^��• F f_f.1'r •yN ) rYltw Ny M -�r _ •-w'-'a FrA n•i r\• , ww r' wr•fi"N•a ff\l' 1 f\I•n N'w Nr• Fn•f\a• n+N f)'•- •f`f •irro• wR S\fryer« \)w eASd Y 6EAInyI! F trN W. FI•M N'• ).w , N- yy' 1 Nr Ff1'r ) . . rM A-r..t IIIYNI "l -•ti AL 6 f\rn 1 wrM' *W Or, nN' Fty\ f.r r•\t \ •f\)\. A-tl P- 1I Aw P_./My I.A.I- i a N t1 Wl—NIY Iy.r Slw MaM CO-, I w\t•K i IN IaN I«..•y rfr 4r..r Al.Awn \I/•J«y/4r larM l\'rl 4U-4 !w w•-W P.F.•.Fr«wwi• 7n•H py Nor �n•1,..:� ny fyyN•a an. �1,11 OF egrMly� synu! wm Ib sn•y_f•i -. i •. VlAr py-.I\�.•w�L..I lfµ are..7 urbtla,Ay '•`N-• .a w' srw'.YI r.l. T•1 rn\Iw lr : VAr.fw f*.-t r A..t Aq.&V )L r I .w.r• � � i � LANn�, t1F t/A-Y Iwl IA r P!L. "-n ; 'LF. ' 9A x IN n..r All-Aa•r -wr-/IAt.A•lnw.w*.Ad WAW `• iAl-�• i � 1 IK\M\y -01 wl•IFh t� f yI J J t. •w...(ww A•ark Nl' r I 1 tL t 4. nw F Y•. A / IA 1\w i I� Jr ...... ►�alEt =y w.r,rer LAW, w� 06 H:L. •L ' i PAtcu t h -4 •...'. aSal" r /t•sK j .,,t•. /lat.• s .•-..\•.� PARCEL MAP r. n It.rIW r.ifrw -,Irw Y A r f-f-fu1 f f y • r...r iN...•r...• �* OF A A-SV6D1V1516N OF VARCE E'M-• AS SNOWfI •a ' ' ti - On VOLUtAt 40•PARCEL MAPS PA4E 4D, AND y N al•all so-W Ma IF u rkr•n V... OEbCR18L0 1h iflll O.R.14JS .... .. ).z w w•/i 4l1 O L N [AN9E V-r AN V A y�'y w,flf. c•t.m ! t..nn._' ND:• F ���{. ! • {µIJ yY. 1'• ..awy wn •.ARL rr• ro I FISGwbR LANO SURVEYS P r2LrlO CANAGA Gc Vf"RGE �`�� I P.M. f3 I O BOX 4182 W00051171F,CAL1i 1+091 b•tt.,i•t Srktt, (41S) 8:1 1256 AID 91Z >1 ------------ ------- ------ LE seNo 1441 It !I OAV 1114 641 ..44 4 x I-W'A-A IS 1%40 fv:q U.880�to Pr 114 1,1 91 ISIS$ PASIS EiFAV-,VSS Ov Afe,A-', rr I 1p't Aq'r oes$ "Al 14.5 VVW 1,1'. 1,01 44610, 44-%v 4-4, )WE rh,,p-re.f, 0 r if %MIR IS? sm SaLs low suh At. r. k dab 31 W. PAR PkILCOL t , L ~q ffoo to%I.$ PARCEL 'tA*. A5 !,MOWN I.,.fpw. 1-1',QA "Got^ Q{.1�RE SUeV1Y1'sICN OF It,I&M, an Vol'J"t 43 Rm O.R. 'AGO 11 'e", T-I- SURVEYS /V 9�1' 'i% 0 1%ly 0 AL. A" 1. r PL r'r' 'P4 ecvs.vv,,CAwF 94042 p Al. i-3 p a bo�. UP -it 114 )rm No. 106811 (11/83) t-',.y'it A to preliminary rR'door( .mended 2/20/86) EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By POIICy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY•1973 SCHEDULE B This pWwy doe$rim Immure,against lost or damage,not against Costs,&ttOrnay&fief or ex onsea,any or bit of which was by reason of the wowing Pan i i. Taxes or e$Mlstnenle,which Pr th e not shown as existing loans by e records of any leasing autt+Only that levla&taxes or sssasswenis on rams progeny or by the oublie records Praceedinga by a pwtrae agency which WAY reason in tames oragMamMets ornOUCee W such proceedings whether or not shows W such the records ch agency or by • public records. 2, Any facts.rights interests er deem a which are not shown by the public records but which Could be aseenainod by an Inspection of the land er by frisking inquiry of peCSOn$in Possession thereof. 3. ESaements trams or erMarnlbranees er Claims ttiereet which are not shown by the Public fsCOrds 4 Discrapances.COnftiCM in boundary Imes~a"in Nat shoobao:hnWMIL Of airy other(acts wilds a Correct Survey would diadt»e,and whlCh We no'ahOwn by the public records S. let Undatented nunn p;g clam Ib)reservations Or OnCOWNMW in paten&Pr in Acts authorizing the i&&uence thereof:(d water rtghta Claim&er tells to water,vrfietMx of not the n&rtsrs exceotad under sal.(b.at fell are shown by the public reCOffft in(3. Ghee.ways e.w interest ya.Dub Of*&**rning M inn IktIllara4ra n+and beyond the Ioday M puma the aatMtl to iC*#Y described of refolmod lot an ao in butting Owner for abutting toga Phil'"at►y Often Street of highway is Insured by this policy T Any sew.ordinance of governmental rtrgutatwn(including but not sinned to building and zoning ordinance$t naatndng of regulating Or prohibiting the txCupancy,use Or hangs misfit of inn land.or regulating tit cm&facter,dimensions Of location of any iwProverrlent now W hereafter Orocted on the land.Or prof iahn9 a SeparahCn inip Ow"'W"Sh Pr a car'Ig0 m the dirrrensions of&tea of the land of any parcel of which the lamd IS Pr was a Daft whether W not shown by the oub a reePrdt st Dsta of PWICy,er the etteCt of any violation of any such law.ordnance or govemnog tai regulation.whether Of not shown by the public records at Date of Policy. in the pubic reGOrda. 9 Rights of allotmentOOman Or 90vernmMtal rights Of 006CO pauper unlaam notice of tic exerCiN W audt rights peelers 9 Defect&B s. ansowumbrancaadversOClarms.Oroth*rmstters(alwr»thefwnW shown by the oubt+c records at dat*of0014Y•tl+t 4Y1ate4 carfsed.muNered as+iuirNd or�aed to by the Insured Claimant,I of not Shown by the OubItC fOCOfds and not otherwise excluded tram COvaf&g0 but known to the insured Cl&tmaM airier at Date of POiilGy or at the date Such claim ant acquired an estate or lnrarest insured by this poht y or&eDuired eha+nsurad rmofigage and nol dieclo&M en wntng by the tne,ured Waimant td th*ComganYOricrto the date such insured Claimmhl became an insured hafeuntb0►(C)resulting in n0 lose W damage to the insured Cla+mint t•attaching or Created aubsaQuant to Data of PWIey,Oriel result- ing in loss or oamaga which would mat have Dean sustained if Me Insured Claimant had been a pufCRSter Or oulumibrancef for v&kW with"kngW&dgs Z. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORMS•1970(AMENDED 10.17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any law.Ordinance er governmental regulation(including but not limited 10 building and zoning PrdimanCtSl restnetinq of regulating Pr ProhibA+fig the OCCupanCY.use or lhduc toy meet of the land Of regWating the Ch&factef.dimanatohs er location of any t+horoverhent now of hefesher erected on the land.or prohibiting a seosrstion in QwnarSnto Of a fit lion in the dimonsiOnt of area of the land,W the affect of any violation of any such taw,ordinance Of gav*rnmMtai regulation. 2 Rights W eminent Inman Of g0lownmantsi fpntS of Police power unless notice of the exercise of such rights 6000ali In the oubic records at Data of PONCy. 3. Oefeds kilns enCYmiNanCe,s adverse Claims or other watfM (al Created.Sufferod SNul"od of agreed to by the insured ci&unent (b) hot known tO the Company and nOf shown by the Public records but known to the Insured Claimant either al oate of PWiCY ol ml thf date such Cliimamt aimant bacafne an insured hcquired an lilies ul interest try then O fda ifid not disthe Imsad in ciairns by the insured Claimant to the nC td) a achingae eatedaubwQwnttoOauWPWley to the aor (01 r t*such iesutenglnnsured laipaaordemagewhtchwoud not have beenCsuatairuiledddthaInns redting in no 10*6 Claoom nthadpaidvalu�a the estate of interest insured try this policy. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY•1979 EXCLUSIONS in addition to inn ExCsolrons in Schedule a you are not insured against soma Costs attorriew farm and lxz&Rsaa reauit ifom; 1. Govemmentat purge oOluer,and Ina existence Or violation W any taw or governmerof regulation.This includes building and zoning ordinance$and alma laws and regulations com*MW#W • IanW division '.. • land use • uttoropveteenti on the lard • onwonmenul Protection This exclusion does not fund the Item"coverage described in haws 12 and 13 of Cowered This Rtaks. 2. The fight to tale the IS"by Condemnng It unless a notice at taking 80POWS In the pubic records on the Policy oats. 3. Titer Rake • that are crowed atl Or We"to you • roar are known to you.OU.but not to us,on the Polley Dam•unless they appeared to tic pubic records. • that result in no 1048 10 you • that first&Mecl your title abler"W Policy Dale•this does not lint the labor and rnatlrlai loan Cavera90 in Item 8 Of Covered Title Risks 4. Faikms to pay v"m for your Oft '. S. tack of a night • to any land cuts'"the area spoedicelly described and retained to in Item 3 of Sch"WO A Or • in Streets alleys Or waterways tail touch your lend This exelumWn does not limit the access COVOM90 in ltew S W Covered True Ruika SCHEDULE d•EXCEPTIONS In addition to the Exclusion&you Are not insured against loss COWIL attorneys'Idea.and SaPensa&resulting tram; 1 Any rights•interests of claims Of panics in ocsslsalOn of the land hot shown by the woke racorda 2. Any easements of liens not Shown by the Public mfCOfds This exception does not lint MO lien COveraga n item 4 of Covered Title Risks 3. Any facts about the land which&correct survey would disco"and which are not Mown by the Public records This exceotwn does not fish the faced removal COvlfsga in lies 12 of Covered Title Risks, 4. Any water rights Claimf Or title to water On Or under tic land Continued on Reverse Side "°t tl C> U C Y. C• C tl M$ U `c new v c cr r D c Ec '� c T�q CCn n'"$$ crc g nS n CMpt�Tl � �$ cCS �iic` gi g� ad i t 8 v Its a � $ ate~ J $ W $ asl�Zi q $ n� $c y 4*S c C jI _E- 'off+ r p rda cc� F = Yam • W � � $ i sn O A IS 1p a � as '� P s � � � � o n fit O W O � $ a x 8KN • W — O x Ni s= J F o >$ 44s-1 W e $a ; xis ., s a yQ o »$a ' 3 € s g O z g$8 . =3 • z = lit, zO g V 8 � ; o �Ox g b r i 3 b� 3 z W W � c t a F W o �'B �t $r a IL K E »at 's E *� 2 IL � 6 `j3 � E � � $ � a uzi s o ��� � �ao3ga � � � � a t z W ! c ` $ *$ = W t j i we r oi0 fill 3 � 8� -gig g b � + -0 W $ za fir a I # : _ 8 °Ws ! wa a • z O W a .� �" W � a � • • � ac W � a � � � � � � c� $ a 3 t � a b � r � F a b � s � • � • a isr Its, 3 a o ` i� aifg W �T 80rCIts v 29 [fill T Ev e: ri fs dgig.i� � � �i ri �r ri �a �3��eb�a� _8884 0 S iv n S of vi ri ri •i Form No 1068.1 (11/83) Exhibit A to Preliminary Report EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE 0 This policy does hid insure against loss or damage,nor against Costa attOmeya'tees or expenses any Or ad of which arlae by reason of the following: Part I 1. Taxes or assessments which are not shtown as existing(lens by the records of any taxing authority that$"as taxes or assessment*on rest property Or by the public records Proceedings by a public agency which may result in taxes or assessments,or notices of such proCNdi gs,whether or not shown by the record*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. Oiserepaneies,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 S. (a) Unpatented mining claims:(b) reservations or exceptions in pstents or in Acts authorizing the issuance thereof;(c) water rights claims or title to water. 8. Any right title,interest,estate or eaaament in land beyond the lines of the area specifically described or referred to in Schedule A.or in abutting streets,roads,avenuess,alleys, lanes.ways or waterways,but nothing in this- paragraph shall modify or limit the extent to which the ordinary right 1 an a tti n f 9 Y o bu owner for t i I ry ig rig access O a pays cal y open street or highway is in34tetl by this policy. 7. Any taw,ordinance or governmental regulation(including but not limited to building and zoning Ordinances)restricting or regulating or prohibiting the Occupancy,use or enjoy- ment 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 reduc- tion in the dimensions.Or area Of the land,Or the affect Of any violation of any such taw,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 mterest insured by this oof.cy or acquired the insured mortgage and not disclosed in writing by the insure claimant to the Company prior tO the data such insured claimant became an insured hereunder (c) resulting in no loss Ordamage to the insured claimant:(d) attaching orcreated subsequent to Date Of Policy,of(of resulting in lo"or damage which would not have been sus- tamed if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORMS-1970(AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law.ordinance or governmental regulation finciuding but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoy ment 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 reduc- tion 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. 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 rot 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, writing by the insured Claimant to the Company prior to the data such insured claimant became an insured hereunder, (C) resulting in no loss or damage to the insured claimant (d) attaching orcreated 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. 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. Govemmental 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. S. 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 S-EXCEPTIONS in addition to the Exclusions,you are not insured against loss,costs afforneys'tees,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 Risk& 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 covers"in Item 12 of Covered Title Risks 4. Any water rights,claims or title to water on or under the land. Continued on Reverse Side 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE(AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Anylaw,oronanceorgovemmsntairequtation(inctu ngbutnotlimAedtobuikhngsndzonkvordinancoorestnetingorregulatmptrprohibitingtheoccupancy.useor enjoyment of the land,or regulating the character,dimensions or location of any Improvement now or hereafter erected on the Isn4 or prohibiting a separation in ownership or a reduction in the dimensions or or"of the land or the @/fact of any violation of any Such Isw,ordinance or 90vemrMntil regulation. 2. Alghts of eminent domain or governmental rights of police power union notice of the exa tine Of Such rights appears in the public records at Date of Policy. 3 Defacs,Rare,encumbrances,adverse Claims,or otter matters (a) crested 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 Data of Policy or at the date such claimant OCquirod an estate or interest insured by this policy of acquired the insured mortgage and not~ased in writing by the insured claimant to the Company priof to the date such insured Claimant became an insured hereunder, (c) resulting inrro toss or damage to the insuradclaimant; (d) attaching or created Subsequent to Dot*of Policy(except to the extent insurance is afford. ed herein as to any statutory lien for labor at material or to the extent insurance is afforded herein as to assessments for strNt improvements under construction or corn. plated at Date of Policy►. 4. Unenforceability,of the lien of the insured mortgage because of Whirs of the insured at Date of Policy or of any subsequent owner of the indebtadnes to Comply with applicable-doing busneai'laws of the state in which the land is situated S. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORMS-1970(AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any taw,ordinance or governmental regulation(including but not limited to building and staring 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 in*land,or prohibiting a separation in ownership or a reduction in the dimensions of arN of the land,or the affect of any violation of any such law,ordinance or governments regulation. 2. Rights of eminent domain or governmental rights of police power union notice of the exercise of such rights appears in the public records at Data of Policy. 3. Detactallans,*ncumbrancex,adverseclsims,orothermattws (a) Crestsdsuffaedsasumedoragreedtobythsinsuredclai~t; (b) Mt 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 deli such claimant Sequined 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 hatounder, (c) resulting in nC IOSS OrdSma9e Who,insured claimant: (d) attach- ing or created subsequent to Date of Policy;or (a) resulting in Ian or damage which would not have been sustain"if the insured claimant had paid value for the estate or interest insured by this policy. SCHEDULE S This policy does not insure against loss or dome"by reason of the matters shorn in parts one and two following: Pan One: 1. Texas or assessments which are not shown as existing Horns by the records of any taxing authoffty that levies taxes or aaseasmants on reel properly or by the public records, 2. Any fasts,note.interests,or claims which are not shown by the public retards but which could be ascertained by on inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which we not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in Sues,sncr achments,or any other facts which a correct survey would disclose,and which are not shown by public records. S. Unpatented mining claims,xeservationa or exceptions in patents or I Acts authorising the issuance thereof;water rights,Claims or title to water. 6. Any lion,or right to a lien,for services,labor or material hirstofrxs or hereafter furnished.imposed by law and not shown by the public records S. 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: I. My tow.ordinance orgovernmental regulation(including but not limited to building and zoning ordinances)restricting or regulating Of prohibiting the occupancy,use or enjoyment of the land or regulating the character.dimensions or location of any imprbvemsM now or hereafter erected on the land of prohibiting a separation in ownership or a reduction in the dimensions or area of the land or the*"act of any motat on of any such taw,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unions notice of the exercise of suCh rights appears in the public records at Dale of Policy. 3 Dofeds,liens,encumbrances.advernClaims oothormatters (a) creatsdsuffered,assumed ofagresdtoby the k»ursdClaimant; (b) notknownto the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the dais such claimant Sequined an estate or interest Insured by this policy Or acquired the insuredmor9agoandnotdisclosedinwritingbytheinsuredclaimanttothoCompanypriortothedatesuchinsuredclaimantbecameaninsuredhereunder, (c) resulting nnoloss or damage lathe insured claimant: (d) attaching or created subsequent to Date at Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is&"aided herein as to assessments for street improvements under construction or completed at Data of Policy). 4. Unenforteabikty of the lion of the insured mortgage because of failure of the insured at Dale of Policy or of any subsequent owner of the indablodnesa to comply with applicable"do- Ing business"laws of the state I which the land is situated SCHEDULE S This policy does not insure against toss or damage by reason of the matters shown in ports 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. Myfacts,rights.interests.orclaims which srenot shown bythe public recordsbutwhichcouldbeascorainodbyan inspection ofaaidlandorbymakin9inquhryofpersonsnposses- Won thereof. 3. Easements,claims of easement or encumbrances which we not shown by the public records. 4. Discrepancies,c*rf icts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,end which are not shown by public records. S. Unpatented mining claims;reservations or exceptions In patents or in Acts suthorizin9 the issuance thereof;water rights,ctaimsor title to water. S. Any lion,or right to a Ron,for services,labor or material theretofore or hereafter furnishod Imposts by law and not shown by tha,publiC records, i mil EXHIBIT I-J TO AGREEMENT FOR TR!-UTSFER OF INTERESTS 1N REAL PROPER-77 LR OF F0= Order Ne). 322110 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE CORPANT 555 Marshall Street Redwood City, CA 94094 (415) 367-9050 MID PENINSULh REGIONAL OPEN SDACE Attnt Sandy Voorhees 201 San Antonio Circle, %Ila* OCN #135 Rountain View, CA 94040 Customer's References Form Of Policy Coverage Requentedt APqERICAN LAND TITLE ASSOCIA- TION LOAN POLICY In response to the 8bOV0 referenced arolication for a policy of title insurance, this Company hereby reports that it In lore- pared to Iselin, or cause to be Issued, an of the date hereof, a Policy or Policlev, of Title Tn9viramce, describimq the land and the estate or into-nat therein hereinafter net fnrth, Imavir- in7 against ImS8 which may be sustained by reason of any defect, lien or oncnmbrance not xhown or referred to a-R an Exception below or not eluded fron coverage 'nursuant to the nrinted Schedules, Conditions and StiDitlations of maid Policy formi. The 'orinted J:."'.cftr)tions and Excluais,)ns f re%" the coverwe of said Policy or Policien are set forth In Exhibit A attached. Conies of the Policy forms should be rend. Thsy are available from the office which issued this rernrto This report (and any supplements or amendments hereto) is issued solely for the purv,,ee of facilitating the Is-quance of a policy of title Irqurance and no liability Is assumed hereby. If it is desired that liability be anviimed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated an of Se'-*temler 2, 19A6 at 7:30 a .m. JA*IES NORRIS ZSC14OW/IrITLE OFFICER Title of said estate or interest at the date hereof Is vested Int RICHARD T. BURGER, a married man, an so!)Ie and sevarate Droperty Paae I Order No. 322110 The estate or interest in the land hereinafter described or referred to covered by this Renort is: A FEE At the date hereof esxceetions to coverage in addition to the printed exceotiong and exclusions contained in said rolicy form would be as follow4 : 1. General and Special Taxes for they fiscal year 19R6-07, now a lien, amount not yet ascertainable. 2. General and Special Taxes for the fiscal year 19R5-R6 in the amount of 83.21 , each installment, have been paid in full. Code Area: 087-003 A.Q. No* : 07 2-320-290 3. The Lien of S=Plemental Taxes aasessed pursuant to Chapter 75 f the California Revenue and 5 Comme ncing with Section o 3. • cT Taxation Code. 4. EASEMENT for roadweey and utility pur'noses over that rortion e of the herein described property lying within th e herein described property. 51 RIGH T T OF WAY over the herein described property, as Granted in Deed: From: Ale-andesr Gordon To: Creed HAymond Dated: October 20 , 1890 Recorded: October 24 , 1890 cook/Reel 52 of Dmteds at pacre/image 393, Records of San Mateo County, California. Grants Riaht of Way for water pipe line. The exact location of said right of way is not disclosed of record. The interest of Creed Haymond in the above right of waxy passed to Henry H. Davis, by Ag reement set forth in Excentior. No. 5 herein. 6. AGREEMENT relative to water and water pir®s as contained in Agreement: Between: Antoine Boresl And: Henry H. Davis Dated: September 2R, 189R Recorded: September 29, 1R98 Book/Reel 9 of Miscellaneous Record," at page/imacre 210, Record.,R of San Mateo County, :alifornia. The exact location of said water and water pines is not disclosed of recor^i. Qaae 2 I� i Order No. 322110 7. RIGHT OF WAY over the herein described property, as Granted in Instrument: From: Jahn S. Wickett, Trustee To: The Pacific Tele*3hone and Telegraph ComOany, a cornoration Dated: SeDtetnbiar 25, 1957 Recorded: December 2, 1957 Book/Reel 3315 of Official Records at macte/imRae 2R5, Records of ,San Mateo County, ralifornia. Grants Right of Way 20 feet wide, with the rigght to construct, place, inspect, maintain, remove, re•aair, replace, use, onerate. and patrol such aerial wires, Garbles and other electrical condnetors with associated � les, crrsssarrrs, anchors, q+iys and fixtures as grantee may from time to time re{*lire and with the right of access thereto over the Southeast 114 of the Sosutheast 1/4 of the Southeast 1/4 of Section 21 anA the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 2R. R. RIGHT OF WAY over the herein described DroT3erty, as 4ranted in AGreement: From: Calvin Y. Dyer and Dora F. Dyer, his wife (First Parties) To! John S. Wickett, Trustee (Second Party) Dated: March 1A, 1958 Recorded: Dec,tether 17, 195R Document No. : 3397-R Book/Reel 3514 of Official Records at rAae/in8ae R9, Records of y.San Mateo Count CAlifnrniA and the p.rnvisions and conditions contained therein. Grants Right of Wary for a nerind of 7 years from the date thereof, over, th"nan and R1nna R certain 1.6 mile sl.irfaced road, for the •7irpoge of transDortincr merchantable timber in favor of the party of the first hart, as arantasd by Darty of the second hart over the Northeast 1/4 of the Northeast 1/4 of Section 28 and the Southeast 1/4 of the Southeast 1/4 of Section 21. 9. TIMBER SALE AGREEMENT of July 30, 1963 Aetween: Frederick G. KnonD, as Seller And: John S. Wickett, pis purchaser Disclosed by: Deed From: Frederick G. Knoop and Grads Gilmore Knonp, his wife To: Cherokee Pronerties, Inc. , a corporation Dated: April 30, 1964 Recorded: May 4. 1964 Document No. : 17936-X Book/Reel 4703 of Otficiatl Records at Gage/imacre 331, Records of San Mateo County, California. Pat ae 3 c i Order No. 322110 10. EASEMENT over the herein described Dror+erty, as granted in Deed: From: Michael Cocco and Judith Cocco, husband and wife TO.* Rancho Canada De Verde, Inc. , a California cor- pora ti on Dated: December 21, 1979 Recorded: Dec®r+ber. 1, 1979 Document No. : 109E-AP Book/Reel 7925 of Official Records at pane/image 459, Records of San Mateo Cnlmty, California. Grants a non-exclusive Easement for ingress and egress. Affects: Northerly portion of Parcel 2. 11. CERTIFICATE nf "amount of delinquent tax and penalties due" filed pursuant to Section 2191.3, Revenue and Taxation Code: Arnotxnt: 8937983 Taxpayer: Hos Ki w Alan Certificate 4o. : 23559 'Pax Year: 1991-19R2 Dated: March 17, 1982 Recorded: March 1R, 19R2 Document No. : 82021923 of Official Records of San Mateo County, California. 12. JUDGMENT* issues! out of the Miinicira 1 Court, Santa Clara Judicial District, Cmlznr_y of Santa Clara, State of California, Case No. 041624 , entitled, "V. Scheidt, an intiiviAual , a4 As"cianee, s. Plaintiff( s) , v '4orain Hill Ventures, et al. , Defendant( s) . " Judgment Cr#%,iitor: V. Scheidt, an individual, a4 Assianee Jtidament npbtor: Mor-aan Hill Ventures, Inc. , a corm. dba "e & a Main Str t Bar r e!s au Morgan Hou4e R nts t r Grill, a partnership comnosesd of Jo Anne Berger & Richard Rercrers Jo Anne Berger & Richard 3araer each ind. & dba *gain Street Bar & Grill Recorded: April 2, 1992 Document No. : R2126590 of Official Records of San Mateo County, California. Amoltnt of Judgment: $2,030.334 Attorneys: Cook & perkims, Inc. , Plc, 185 Berry Street, Suite 247, San Francisco, CA 94107 Telephone: (415) 495-0544 ?acre 4 t I I Order No. 322110 13. CERTIFICATE of "amount of delinquent tax and penalties due" filed pursuant to Section 2191.3, Revenue and Taxation Code: Amount: $76.37 Taxpayer: Burger Richard Certificate No. : 24507 Tax Year: 197 8-197 9 Dated: May 19, 1992 Recorded: May 21, 19R2 Document No. : e2042493 of Official .Records of San Mateo County, California. 14. CERTIFICATE of 'amount of delinquent tax and penalties due" filed pursna nt to Section 2191.3, Revenue and Taxation Code: Amount: 8947.53 Taxpayer: Hogking Alan DAA Relief Certificate No. : 25651 Tax Year: 1982-1983 Dated: November 5, 19R2 Recorded: November R, 19R2 N R2096901 of Official Records of San Mateo Document o. : County, California. 15. DEED OF TRUST to aeclire an indebtednes+a in the original amount of $20,000.00 and any other amounts and/or obligations secured thereby, T rustor: Ranoho Canada d-. Verde, Inc. , a California cor- poration, Theresa Rnth Hosking and Alan 3oskinq Trnstee: Amtit2e Company, a California corporation Beneficiary: Biu Creek L+lmbe+- Company Dated: Febrnary 16, 19R3 Recorded: February 19, 19R3 Document No. : 83016001 of Official Recoris of San Mateo 2ounty, California. Beneficiary' s Address - 3564 Highway One, navennort , CA 95017 Loan No. - R1162 Covers nronerty under search and other oror^rty. MODIFICATION of DEED OF TRUST by: Big Creek Lumbsr ComrMny, a California corporation and Between: The Alan Hosking Ranch, Inc. , a California cor- r,o .ration formerly known am Rancho Canada de Verde Inc. , a California cornoration and Theresa Ruth Hosking and Alan Hoskins, individually Dated: Augri st 30, 1985 Recorded: Sem ember 5, 19R5 Document No. : R5090831 of Official Recoris of San Mateo County. 'D California. Dacre 5 Order No. 322110 16. DEED OF TRUST to secure an indebtedness in the oriainal arount of 8180,000.00 and any ocher amounts and/or obligations secured thereby, Trustor: Rancho Canada ne Verde, Inc. . a California cor- poration, Theresa Ruth HnskincT, a married woman and Alan Ho4kinc;, a married man Trustee: Amtitle Company Beneficiary: Bil Creek Lumber Company Dated: February 24, 19R3 Recorded: Ma r--h 1, 1 9R3 Document No. : 83018R18 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Highwny One, T)avenport , CA 95017 Loan No. - R1162 Covers property under search and other "ronerty. MODIFICATION of DEED OF TRUST by: Hiq Creek Liu"ber Company, a California corporation and Between: The Alan Hosskinq P.anch, Inc. , a California cor- poration formerly known as Rancho Canada de Verde Inc. , a California corporation and Theresa Rath Hoskimg and Alain Hoskinfl, individually Hated: Aucplst 30, 19A5 Recorded: Sentember 5, 1995 Document No. : 8509OP30 of Official Records of Srn Matfao County, California. 17. MEMORANDUM OF AGRXEMENT Executed by: Alan Hoskinq, rherega doskina And Between: Rancho Canada de Verde, a California corporation anri Sicr Creek Lumber Connany Dated: February 10, 19R3 Recorded: June 17 , 19A3 Document No. : 83050397 of Official Records of San Mateo County, California. Granted for the right to harvest the merchantable Redd-od and Douglas fir trees. PAcre 6 ` I Order No. 322110 r 18. DEED OF TRUST to secure an indebtedness in the original amount of 970,000.00 and any other amounts and/or obligations secured thereby• Trustor: Rancho Canada de Verde• Inc. . a California cor- poration, Theresa Ruth Hosking, a married woman an-i Alan Hoskina, a married man Trustee: Amti tl a Com PA ny Beneficiary: Aig Creek Lumber Comaany Dated: March 7, 1983 Recorded: July 19, 1983 Document No. : 83073782 of official Records of San Mateo County, California. Beneficiary' s Address - 3564 Hiahway 1, Davenoort, CA 95017 Loan No. - 297932 Covers property under search and other property. 19. CERTIFICATE of "amount of delinquent tax and uenalties due" filed pursuant tei Section 2191.3, Revenue and Taxation Code: Amount: $946,92 Taxpayer: Hoskincr Alain DSA Relief Certificate No. : 27787 Tax Year: 1993-19R4 Dated: November 9, 19P3 Recorded: Sovember 16, 19P3 Document No. : 93126939 of official Records of San Mateo Co+inty, California. 20. EASEMENT over the herein lescribed property• as granted in need: From: Ri.hRrd T. Bur7er, a s his sale and separate property To: Big Creek Lumber Comioany, a California corporation Dated: November 13, 19R4 Recorded: T?ecer^ber 7 , 19P4 Document No. : 84131363 of Official Records of San Mateo County, California. Grants non-e-cclusive Easement to carry out timber harvesting operations. 21. JUDGMENT, igwied out of the Municipal Colirt, Southern Judicial District, County of San Mateo, State of California, Case Nn. 56822, entitled, "William H. Becket-ts Jimmy L. Williams, 0■t al . , Plain- tiff (s) , vs. Ranchn Canada Verde, Inc. , etc. , et al . , Defendant(s) . " Judgment Creditor: William H. Beckett$ Jimmy L. Williams Judgment Debtor: Rancho Canada Verde, Inc. , a California cornoraitian $ Alain Hosking, an individual Recorded: August 21, 1985 Document No. : 85085418 of Official Records of San Mateo County, California. Paae 7 i Order No. 322110 Amount of Judgment: 85#351.85 Attorneys: Randall E. ray, Esq. . New & ray, 1840 Van Ness Avenue, Sttite O1. San Francisco. CA 94109 Telephone: (415) 956-4200 22, ANY RIGHT, title or interest of Alan Hoskin as disclosed by his/her joinder in the execution of the Deal of Trust shown in Item Nos. 15, 16 and 19 above. There have been no deeds recorded within the last six months prior to the date of this report, affecting the herein described property. NOTE: This report is subject to a cancellation charge as required by Sections 1204, at seq.. of the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E.F. Page 9 i I' i i i Order No. 322110 DESCRIPTION The 18n3 herein referred to is situated in the State of California, County of San Mateo, and is described as fellows: Parcel 2 as shown n n that certain maD entitled "PARCEL MAP OF A RESUBDIVISION OF vARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS PAGE 43, AND DESCRIBED IN 7714 O.R. 1495, SAN MAT90 COUNTY, CALIFORN IA", filed in the office of the County Recorder of San Mateo County, State of California on January 9, 1990 in Volume 4Q of Parcel Mans at oaaes 92 and 93. EXCEPTING THEREFROM an undivider! 1/2 interest in and to all mineral and oil rights in a portion of the above described land, as reserved in the Deed from Adam Bianchi & Sons, a co-Partnership, recorded Sertember 24, 1951 in Book 2135 of Official Records at Page 605 (File No. 62489-J) . A.P. NO. : 07 2-320-290 JPN 072 032 320 0703 A OPOEP. DATL,: - Sertwiber 3, 19A5 S.T.R. DATE: None RG/jmw (PSEP) :ev) r oacte 9 8610 . 03 7858H/0694h EXHIBIT I-K TO AGREEMENT FOR TRANSFER OF INTERESTS IN REAL PROPERTY Recorded at the request of: Midpeninsula Regional Open Space District Old Mill Office Center , Building C 201 San Antonio Circle, Suite 135 Mountain View, California 94040 Attn: Mr. L. Craig Britton GRANT OF EASEMENT FOR OPEN SPACE ( PARCEL C-2) RECITALS A. THE ALAN HOSKING RANCH, INC. ,, a California corporation (formerly known as Rancho Canada De Verde , Inc. ) , and ALAN HOSKING, an individual (such corporation and individual being collectively referrred to herein as "Grantor" ) are the fee owner of that certain real property (hereinafter called the "Subject Property" ) situated in the unincorporated territory of the County of San Mateo, State of California, as shown on the "Map' attached hereto as Exhibit " I" and incorporated herein by this reference , and legally described in Exhibit " II" attached hereto and incorporated herein by this reference . B. MIDPENINSULA OPEN SPACE DISTRICT, a public district (referred to herein as "District* ) is the fee owner of that certain real property (hereinafter called the "District Property* ) , located adjacent to the Subject Property , as shown on the Map and legally described in Exhibit " III" attached hereto and incorporated herein by this reference . C. It is the desire of Grantor to grant to District an open space easement upon , over and across said Subject Property pursuant to Chapter 6 .6 ( commencing with Section 51070) of Part 1, Division 1, Title 5 of the California Government Code . D. Grantor and District recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective properties by the conveyance of an open space easement on , over and across the Subject Property which shah conserve and protect the animal , fish , bird and plant population and prevent use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance of the Subject Property in its natural , scenic , open and wooded condition . NOW THEREFORE, for valuable consideration , receipt of which is hereby acknowledged, the parties agree as follows: GRANT OF OPEN SPACE EASEMENT Grantor hereby grants to District in perpetuity an open space easement, upon , over and across the Subject Property on the following terms and conditions: 1. Reservation of Use by Grantor . Grantor reserves the right to use the Subject Property in any manner consistent with the stated purposes , terms , conditions, restrictions and covenants of this easement and with existing zoning and other laws , rules and regulations of the State of California and the County of San Mateo, or the agency having jurisdiction thereof , as such laws , rules and regulations may hereafter from time to time be amended. Grantor further specifically reserves the right to do the following, such right in no way to be considered as a limitation of the general reservation of right described in the preceding paragraph: a. Subdivide that portion of the Subject Property designated as the "Development Envelope" on the Map, for the sole purpose of developing a maximum of four ( 4) homesites thereon (said maximum shall include one homesite which is presently under development ) , including such ancillary structures and improvements as are appropriate for the use and benefit of said homesites ands roadways and driveways as are appropriate for the development of said homesites; provided that all said homesites shall be clustered within the three ( 3) areas designated on the Map',- constituting approximately twenty-five ( 25) acres in total 2 area , with approximately five ( 5) acres allocated to each homesite; b. Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the Subject Property; C. Construct and maintain private trails for hiking and horseback riding within the easement area , including both internal trails and connecting trails with adjacent District land (including, without limitation , the District Property described in Exhibit " III" ) , such latter trails to be planned under mutual agreement with District regarding location and design; d. Remove diseased and/or dead plants and trees and remove such undergrowth as may be required for fire prevention , or public health and safety; and e. Plant native species of plants indigenous to the area . 2. Limitations on Use by Grantor. Grantor covenants and agrees for itself and its heirs, successors and assigns, except where contrary to the above described rights specifically retained, that Grantor shall not do any of the following on all or any part of the Subject Property (excluding the Development Envelope ) : a . Erect, construct , place or maintain or authorize the erection , construction, placement or maintenance of any improvement, building or structure or any other thing whatsoever on the Subject Property other than such improvements , buildings , structures or other things existing on the Subject Property at the time of the granting of this easement . b . Use or authorize the use of the Subject Property for any purpose except as open space . 3 C. Use or authorize others to use t'-Ie Subject Property or any portion thereof as a parking lot , storage area or dump site or otherwise deposit or authorize to be deposited on said Subject Property or any portion thereof (temporarily or otherwise) anything whatsoever which is not indigenous or natural to said Subject Property . d . Cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, concrete or other material which does not constitute natural cover for the land, or otherwise disturb the natural cover for the land . e. Fish , trap, hunt, capture, kill or destroy or authorize the fishing , trapping, hunting , capturing or destruction of fish or aquatic life on the Subject Property except for health or safety purposes . f. Hunt 'or trap or authorize the hunting or trapping of animal life on the Subject Property. Pursuant thereto, Grantor , its heirs, successors or assigns, shall not trap, kill , capture or destroy or authorize the trapping, killing, capturing or destruction of animal life on the Subject Property except under prior written permission of the County of San Mateo for health and safety purposes only . 9 . Divide or subdivide the Subject Property or otherwise transfer or convey (other than a transfer resulting from condemnation and taking ) any portion of or interest in such property less than the whole to one or more parties , or convey the Subject Property to two or more parties each of whom acquires title to less than the whole of the Subject Property; provided, however , that the foregoing limitations shall not prohibit a transfer or conveyance of the Subject Property, in its entirety , to two or more parties who acquire title as joint tenants , tenants in common or 4 coi-nmunity property. As used herein 'par--y " means and includes any person , corporation , partnership or other legal entity capable of holding title to real property. h. Cut , uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on the Subject Property for any purpose or purposes whatsoever ( including , without limitation , harvesting of timber or firewood for commercial use, provided , however that removal of firewood for Grantor 's personal use shall be permitted) , except as may be required for fire prevention, elimination of diseased growth , or construction and maintenance of foot trails (as provided in Paragraph 1 hereinabove) , or maintenance of any existing roadway. i . Excavate or grade or authorize any excavation or grading to be done or place or authorize to be placed any sand, soil , rock , gravel or any other material whatsoever on the Subject Property except as the same may be necessary to permit reasonable access to the Development Envelope and except for construction and maintenance of foot trails and maintenance of any existing roadway. j . operate or authorize the operation on the Subject Property of any motor bike, trail bike, go cart or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of Grantor for the accomplishment of the purposes for which the Subject Property is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Subject Property or use by others who have a legal right to pass on any existing roadway . k . Place any advertising of any kind or nature on the Subject Property except for identification and directional purposes consistent with the use of the Subject Property as provided herein . 5 1. Plant vegetation on the Subject Property except for approved soil management, erosion control , reforestation and landscape screening; all vegetation so planted shall be native California vegetation indigenous to the area . M. Excavate or change the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions ry hereof . n. Use or allow the use of firearms or dangerous weapons on the Subject Property except for personal protection and safety. 0. Use or authorize the use of fireworks or pyrotechnics on the Subject Property. P. Play or perform or allow the playing or performance of loud and disturbing amplified music . q . Build, light or maintain , or authorize others to build , light or maintain any open or outdoor fire . r . Mine, extract , sever or remove, or permit or cause to be mined , extracted , severed or removed any natural resource found or located on , above or under the Subject Property in a manner that would jeopardize or alter the natural scenic character of the Subject Property, or otherwise engage in any activity on the Subject Property which will or may destroy the natural and scenic characteristics of the Subject Property . 3. Rights of District . The District shall have the right to inspect the Subject Property once each calendar year by giving Grantor at least two ( 2) weeks prior notice . Grantor shall be entitled to receive in a timely manner a copy , if any, of the report of such inspection by District . The District shaii have the right- to use any existing roadway for inspection purposes only by District employees . Grantor shall have no affirmative obligation to maintain any existing roadway for such use by District. 4. Limitations on Use by District. The District shall not utilize the Subject Property in any manner whatsoever, except as provided in Paragraphs 3 and 6 of this Easement. 5 . No Authorization for Public Trespass. Except as expresslyp_rovided in Paragraph 6 hereof, the granting of this open space easement and its acceptance by District does not authorize and is not to be construed as authorizing the public or any member thereof to enter upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or utilize the Subject Propety in any manner whatsoever . It is understood that the purpose of this open space easement is solely to restrict the use to which the Subject Property may be put so that the Subject Property will be kept in its natural condition, subject to continued use by the Grantor for its permitted purposes and uses. I a 6 . Grant of Easement for Patrol Road & Hiking/Riding Trail. With respect to the area designated on the Map attached as Exhibit I hereto as the "Patrol Road & Hiking/Riding Trail" , having a width of -twenty feet, Grantor hereby grants to District an easement for purposes of maintaining a roadway to be used by vehicles driven by employees, agents and contractors of District for purposes of maintaining and managing the Subject Property. Such easement shall also allow District to approve, in its discretion, public equestrian and pedestrian use of such roadway. Grantor shall have no obligation whatsoever to maintain or improve the roadway. 7 . Enforcement. The stated purposes, terms , conditions , restrictions and covenants set forth herein, and each and all of them, may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 3. Enforceable Restriction . The easements and each and every term, condition, restriction and covenant contained herein constitute an enforceable restriction pursuant to the provisions of Secton 8 of Article XIII of the California Constitution and Chapter 6 .6 ( commencing with Section 51070 ) of Part 1 , Division 1 , Title 5 of the California Government Code and shall bind Grantor and its heirs, successors and assigns and each and all of them and is intended to run with the land. 9 . Notices . All notices, consents, waivers or demands of any kind which either party to this Grant of Easements may be required or may desire to serve on the other party in connection herewith shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: Seller : Alan Hosking c/o The Alan Hosking Ranch, Inc. 16060 Skyline Boulevard Woodside, CA 94062 ( 415) 851-7379 With copy to: David W. Lively, Esq. Olimpia, Whelan & Lively 152 N. Third Street Ninth Floor San Jose, California 95112-5560 (408) 971-7252 District: Midpeninsula Regional open Space District Old mill office Center , Building C 201 San Antonio Circle, Suite 135 Mountain View, California 94040 Attn: Herbert Grench, General Manager ( 415) 949-5500 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above ) to the addressee . Service o-f any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee 's registry or certification receipt or at the expiration of the third ( 3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Grant of Easements shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this paragraph . IT IS FURTHER AGREED, that all of the grants, covenants, conditions and restrictions contained herein shall be binding upon Grantor , their respective successors and assigns, lessees, invitees and any and all other persons acquiring the Subject Property or any portion thereof or interest therein, whether by operation of law or in any manner whatsoever . All of said grants, covenants, conditions and restrictions contained in this Grant of Easements are for the benefit of (i ) District, its successors and assigns; and ( ii ) the District Property. All of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. It is expressly agrees that each grant, covenant, condition or restriction contained herein to do or to refrain from doing such act on the Subject Property: a. Is a burden upon the Subject Property and each portion thereof and interest therein, and b. Shall be binding upon each successive owner during its ownership of the Subject Property or portion thereof or interest therein, derived in any manner . Nothing herein shall be deemed to create a right of action in any person or entity other than District, its successors and assigns . MIDPENINSULA REGIONAL OPEN SPACE THE !,AN HOSK-NG iANCH, -iiC. DISTRICT ACCEPTED AND APPROVED: By: Alan Hosking, President By: President, Board of Directors ALAN HOSKING ATTEST: District Clerk Dated: Dated: 7858H/0694h 10 State of California ss . County of Santa Clara) On before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking, known to me or proved to me on the basis of satisfactory evidence to be the President of the corporation that executed the within instrument and acknowledged that said corporation executed the same. WITNESS my hand and official seal. Signature: Name (typed or printed) State of California ss . County of Santa Clara) On before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Hosking, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Signature: Name (typed or printed) State of California ) ss . County of Santa Clara) On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me or proved to me on the basis of satisfactory evidence to be President of the Board of Directors of the Public District that executed the within instrument, and known to me to be the person who executed the same on behalf of said District, and acknowledged to me that such District executed the same pursuant to resolution. WITNESS my hand and official seal . Signature: Name (typed or printed) 7858H/0694h LIST OF EXHIBITS I. Map II . Legal Description of the Subject Property III. Legal Description of District 's Property 7858H/0694h Exhibit I to Grant of Oren Space Easement THE MAP N O � O L I FOR 1. 7 -771-0 3 r DEVELOPED SPRING -4� i 56 8 1 % J . ji ;t L HIV •\• / � C% At- D VE ` I in•■i ., 1 t 8 Parcel Boundary r.• (parcel size - approx- 74 acres) Development Envelope a. es(a maxima 4 residential entia 20 acres") . ?atrol .Roac.& Xz,tzng%RidlnS Trail � I y �(�---'� • p000 ,/ Scale 1" 500` North 8610 . 16 7858H/0694h Exhibit "II" To Grant of Easement for Open Space LEGAL DESCRIPTION OF SUBJECT PROPERTY The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Division IV, Route 55 , Section C, San Mateo County, said point of beginning being distant 107 .46 feet along the arc of a curve (concave to the Northeast and having a radius of 650 .00 feet and a central angle of 90 281 200 ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station "A" 472+72 P.O.T. of said Highway (the bearing of said centerline at said Station being North 67* 141 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 531 16' West 1397 . 17 feet; thence South 290 361 500 West to a point on the Southerly line of Section 16 being also the Northerly line of Section 21 , Township 6 South , Range 4 West, Mount Diablo Base and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning. ALSO INCLUDING therein all that portion of Lot 1 of Section 16 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section 17, Township 6 South, Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett, et al , to Pacific Telephone and Telegraph Co. , a corporation, by Deed recorded May 23, 1960 in Book 3798 of official Records at page 738 ( File No . 57354-S) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man, by Deed recorded May 9, 1980 in Book 7958 of official Records at page 1478 ( File No . 47074-AP) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all that land lying Northerly of the Southerly right of way of the Old Road. ALSO EXCEPT all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other metals and minerals of every character lying and being within or under that portion of the above-described land lying within Rancho Canada de Raymundo, Plat No . 15 , as excepted and reserved in the Deed from regents of the University of California, recorded January 10, 1947, in Book 1314 of official Records at page 333 (File No . 45049-G) , Records of San Mateo county, California. ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above-described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at page 605 (File No. 62489-J) , Records of San Mateo County, California. Assessor Parcel No . : 067-340-020 ( PTN. ) 067-340-040 067-340-060 067-340-090 ( PTN. ) Exhibit " III" To Gram. of Easement for Open Space LEGAL DESCRIPTION OF DISTRICT'S PROPERTY The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows: PARCEL A PARCEL 1 Parcels 1, 2, 3 , 4 , 5 , 6 , 7 , 11 , 13 , 15 and 16 , as shown on ' that certain map entitled *COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTIONS 8, 17, & 18 T. 6 S. , R. 4 W. , M.D.B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29 , 1971 in Book 14 of Parcels Maps at pages 20 and 21. PARCEL 2 Parcel "B" as shown on that certain map entitled "PARCEL MAP OF A RESUBDIVISION OF PARCEL 12 AS SHOWN ON THAT MAP FILED IN VOL. 14 , PARCEL MAPS AT PAGES 20 & 21 BEING A PTN. OF SECS. 17 & 18 , T. 6 S, R 4 W, M.D.B. & M. DESCRIBED IN 7722 OR 2194, SAN MATEO COUNTY, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on August 3, 1978 in Book 43 of Parcel Maps at pages 12 and 13 . RESERVING AND EXCEPTING THEREFROM -THERESA'S LOT" , MORE PARTICULARLY DESCRIBED AS: All that portion of Parcel 11 lying westerly of the westerly line of Star Hill Road as the same is shown on that certain map entitled "COUNTRY DEVELOPMENT CO. , BEING A PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO & PORTIONS OF SECTION 8 , 17 , & 18 T. 6 S. , R. 4 W. , M.D.B. AND M. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN MATEO, CALIFORNIA" , filed in the office of the County Recorder of San Mateo County, State of California on October 29, 1971 in Book 14 of Parcels Maps at pages 20 and 21 . II PARCEL 3 The South 1/2 of the Southeast 1/4 of Section 17 Township 6 South , Range 4 West Mount Diablo Base and Meridian. Assessor Parcel Numbers for Parcels A and B: 067-390-110 to 160 067-400-010 to 080 067-410-030 067-41,0-080 067-410-090 067-410-110 067-410-130 067-340-050 PARCEL C BEGINNING at a point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as *Skyline Boulevard" Division IV, Route 55 , Section C, San Mateo County, said point of beginning being distant 107 .46 feet along the arc of a curve (concave to the Northeast and having a radius of 650 .00 feet and a central angle of 90 281 20" ) from a concrete monument marking the end of curve point in said right of way line opposite Engineer 's centerline Station "A" 472+72 P.O.T. of said Highway ( the bearing of said centerline at said Station being North 670 141 37" West) ; thence from said point of beginning and leaving said Southwesterly right of way line of Skyline Boulevard North 880 531 160 West 1,397. 17 feet; thence South 290 361 50" West to a point on the Southerly line of Section 16 being also the Northerly line of Section 21 , Township 6 South, Range 4 West, Mount Diablo Base and Meridian; thence Westerly along the Southerly lines of Sections 16 and 17 to the South quarter corner of said Section 17 ; thence Northerly along the North and South quarter section line of said Section 17 to the Northwest corner of the South half of the Southeast quarter of said Section 17 ; thence Easterly along the North line of said South half of the Southeast quarter of Section 17 to the East line of said Section; thence Northerly along said East line of Section 17 to the intersection thereof with said Southwesterly line of Skyline Boulevard; thence along said Southwesterly line of Skyline Boulevard in a general Southeasterly direction to the point of beginning. 2 ALSO INCLUDING therein ail teat oor t 4 on 0 C� SeC _L -r !on Township 6 South, Range 4 West, Mount Diablo Base and Meridian, that lies Northeasterly of the Northeasterly line of said Skyline Boulevard. EXCEPTING THEREFROM the South 1/2 of the Southeast 1/4 of Section 17, Township 6 South, Range 4 West, Mount Diablo Base and Meridian. ALSO EXCEPTING THEREFROM that certain parcel of land conveyed by John S. Wickett, et al, to Pacific Telephone and Telegraph Co. , a corporation, by Deed recorded May 23, 1960 in Book 3798 of official Records at page 738 ( File No. 57354-5) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM that certain portion conveyed to James F. Wickett, a single man, by Deed recorded May 9, 1980 in Book 7958 of official Records at page 1478 (File No. 47074-AP) , Records of San Mateo County, California. ALSO EXCEPTING THEREFROM all that land lying Southerly of the Southerly right of way of the Old Road. ALSO EXCEPT all oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other metals and minerals of every character lying and being within or under that portion of the above-described land lying within Rancho Canada de Raymundo, Plat No. 15 , as excepted and reserved in the Deed from regents of the University of California, recorded January 10 , 1947 , in Book 1314 of Official Records at page 333 ( File No. 45049-G) , Records of San Mateo County, California. ALSO EXCEPT an undivided 1/2 interest in and to all mineral and oil rights in a portion of the above-described land, as reserved in the Deed from Adam Bianchi & Sons, a co-partnership, recorded September 28, 1951 in Book 2135 of Official Records at page 605 ( File No . 62489-J) , Records of San Mateo County, California. Assessor Parcel Numbers for Parcel C: 067-340-010 067-340-020 (PTN. ) 067-340-090 (PTN. ) EXHIBIT I-L TO AGREEMENT FOR TRANSF7ER G7' 7NTER"'STS 717 PROPERT" Oder Nn. 294P35 SUPPLEMENTAL PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COKPANT 555 ?4armhall Street Redwood City, CA 94064 ( 415) 367-9050 RANCHO CASArA nE ViRrE 16060 Skyline Boulevard Woodside, CA 94062 Customer' s Reference: Form of Policy Cove race Requested: CALIFORqIA LAND TITLE ASSOCIA- .VION STANDARD ICOVEIZA(7F POLICY In response to the above referenced arplication for a policy of title insurance, this Con--)Pny hereby rennrts that it is pre- pared, to issue, or cause to be issuel, as of the date hereof, a Policy or Policies of Title Inslirance, le5c-ibinT the land and the estmte or interest therein hereinafter set forth, insur- incr against ln-s which may be sustained by reason of any lefel-.,t, lien or enc­.,,tb-an=a not qlinwn or ref—rel to aR an Evcertion below or not e*4-luded from coverage nursuant to the nrinted Sche-111les, Condition,_q and ""iti-Inlatinns of said Policy farms. The printed Exceptions and Fxclnsionq_ from the coveracre of maid Policy or rolici2-. Are set firth in Exhibit N attachol. Conies of the Policy form!-, should be real. They are available from the office which issued this ranort. This rernrt (and any su-')IeTnents or A-erdlients hereto) is issgned solely for the -)Ur-:)ose of facilitating the issuance of a nolicy of title insurance RnA no liability is 3-.slimed hereby. If it ig desired that liability be asslimel prior to the iqqnance of a nolicy of title inquramr.e, a 'finder or Commitment should be reqnested.__57'-Vh'0� Dated as of 25, 19q6 at 7 :30 a. m. JA4E,; NORRIS E_;�E_�O_W/TITZ7_273r7�YCH Title of sai,1 estate or interest at the date hereof is vested In: RANCHO CANArA DE VSRnE, INC. , a California corporation Dacre 1 SUPPLEMENTAL REPORT Order No. 284R35 The estate or interest in the land hereinafter described or referred to covered by this Retort is: A FEE At the date hereof excqrtions to coverage in addition to the printed excenzionq and exclusions contained in said noliny form would be as follnwm : 1. General and Special Taxes for the fiscal year 19R6-R7, now a lien, am'"int not yet ascertainable. 2. Amounts for t;:ty defaulted rro'narty are not Available at this time. The amount will be furnished at -a latter date. 3. The Lien of Supplemental Taxes assessed nursnant to Zharter 3.5, Conmencincr with Section 75 of the California Revenue and Taxation Code. 4* EASEMENT FOR ROAD PUROOSRS over any and all poiblic or private roads within the herein described nro-)erty, 5. RIPARIAN WATER RIGHTS in Bear Gulch Creek as crranted in Deed From: Charles HRnsnn, et al To: The Arroyo de lns Presa Water. Comnany, a cornoratimp Dated: October 1, IP61 Recordel: Oct­ib­r 1, IP63 Book/Reel 3 of Pes.ls at pAcre/imacre 602, Records of Sam Mateo County, California. ALSO RIGHT to erect a dam and reservoir on said nrnnerty and ricrht of way acro33 adjacent nrnne-ty for the cnnveyan:e of said water, by proper aqueducts, pines and flumes, As aranteA in Deed. Affects portion of the her-in described nrone-ty within Canada RaynnnIo Rancho. 61 RIGHT OF WAY over the herein described Dronerty, as aranted in Peed: From: Alecander qnrdon To: Creed Raymond 'mated: October 20, IR90 Recorded: Ocz-3ber 24, 1890 Book/Reel 52 of T).-elq at racre/inaae 393, Records of San Maten County, California. Grants RicTbt of Way for water nine line. The enact location of said ri7ht of way is not disclosed of record. The, interest of Creed Hay-and in the above ri7ht of way nassed to Henry H. Davis, by ATreerient set forth in Excention 7 herein. P-iae 2 SUPPLEMENTAL REPORT Order No, 284835 7, AGREEMENT relative to water and water pines as contained in Acrreement Between: Antoine Boral and: Hanry H. Davis Dated: Sente-be- 29, 1R9R Recorded: September 29, 199R Book/Reel 9 of Miszellameous Records at reae/imacTe 210, Records of San Mateo 'County, -'alifornia . The exact location of said water and water nines is not disclosed of record. 91 RIGHT to o.xtend and maintain culverts and the slor)ttg of cuts and fills for highway, a follows.* (a ) Fror: krt,5nieta Arata, et al To: Sta--e of California Dated: JlinA 18. 1924 Recorded: July 3 , 1925 Bonk/Reel 199 of Official Records at nacre/image 2R9, Records of San Mateo County, '-'alifornia. (b) Froy": Vi-7inia 'filnber F, Liinber Coyn-nany Dated: March. 29, 1924 Recorded: Jnl-! 3, 1929 rw.,)climent No. : 41050-A Book/Reel 177 of Official Records at nacre/imacre 132, Records of San Mateo County, Zalifornia . 9. RESERVATION c,-Nntained in 'need: From: The Regents of the (Iniverqity of California To: Fre-1 Sal docchi rated: De----her 10, 1946 Recorded: January 10, 1947 Docunent No. : 45049-G Book/Reel 1314 of Official Records at nacre/image 333, lec"5rdq of -San Mateo Colinty, Califormi,-. "Reserving and eycentincr however unto the party of the first part its successors or aSgianS All Oil , Crag, coal , and other minerals of every character lying and being within or iinder each and every parcel of thq above described real property. "And Reqervink'T and e-rcentinq alqn to the narty of the first part, its successors or assians and its and their lesse-1s, agents and workren and all other nersons by their authority of re-misrion the right to occuny, Pn:1 use so mlich of the surface of each and every parcel of said real rrn'nerty As may be neces-sary to search for, get, work, take away and Aispise of said oil , gas, coal and other metals or Tninerals. w t1acTe 3 SUPPLEMENTAL REPORT Order No. 284835 10. RESERVATION of an lindividel 1/2 interest in and to all mineral and oil ri,,Thts in All the herein Aesmribed ntrnnerty, AP reserved in DeRd: From: Adam 3ianchi & Sons, a co-partnership To: G.A. Davis and 9e.Ptrice Davis, his wife Dated: Sp.-)tnmber 2R, 1951 Document No. : 624R9-J Book/Reel 2135 of Official Records at ?.,)aae/imAcrp 609, Records of San Mateo Coilpty, California . Said iirsdividej 1/2 interest reserved in the above Deel has since passed to Adar. Bianchi & Sons, Inc. , a Califnrnim cnroorstion, by Peed recorded Anril 2. 1954 in Bnok 2561 of Official Records at nacre 137 (File In. 46979-L) Records of San Mateo County, California. llo THE ESTABLISHMENT of recn-d by bn1indary line agree-ent of the Southerly and Wer-terly boundary of the portion of the- herein described pro3nerty loin within the San GrecTorio Rancho. Thies lane is not definitely establishe-I of record and this company specifically e-<ce-.)t!7 herefrn-n any liability on AcColint Of W- 1ch indefinite line, In Conn-ctinn the-e-it-h we not the follnwina: (a) Record of Slirvey file.-It I)n June IQ, 1975 in Volume Q of Licensecl. Land Siirvey llai�s at n;-tae 20, Records of Sn Mateo Cnunty, California, delir.e=ltin-T a nortion of the cr®neral W®sterly bonnlary. (b) Boundary Line Acrreem,'tnt Between : Ranchn Canada to Verde, Inc. , a cnr'noration arils: Neil YolinT, - single Tian Dated: Dec�T.nber 30, 1974 Recorded: Anril 25, 1975 Document No. 42512-Al look/Reel 6P29 of Official Records at pracre/i mmcre 2, Records of San Mateo Cniinty, California. Said boundary Line. Aart-amenc ni-irportedly established the lines shown on said Record of Survey. (c) The beneficiaries and trustee of the need of Trust set forth as Eyce'ntion 19 herein, did not consent to said Boundary Line Agreement. 12. Said lands have been annexed into the Skyline County Water District by Resolution retco-led November 4 , 1975 lndc--%r File. No. 7691-Aff in Moot; 6975 of Official Records at 'nacre 2P5, Records of can ?Mateo County, California. 13acre 4 SUPPLEMENTAL REPORT Order No. 284835 13. EASEMENT over the herein described 'Dr,)r)erty, an granted in Deed: From: Ran^ho Canada de Verde, Inc. , a corporation To: Frank V. Amaral, a married man , as Community prnnerty Dated: November 29, 1977 Recorded: Dece3mber 1, 1977 Document NO* : 37R3-AM Book/Reel 7675 of Official Records at nacre/imaTe 73R, Records of San Mateo County, California. Grants Easement for inare-,q,= and eeTress and utility T)urnmqes. Affects a portion of said premises. 14. EASEMENT ove- the herein described nro-Nerty, as Iranted in Instrument: From: Rancho Canada de Verde, Inc. , a California corneiration To: Pacific Gas and Electric Comnany, a California co"mrRtion Recorded: Febriiary ?6, 19qo Document No. : 22118-AD Rook/Reel 7940 of Official Re^nrds at naae/inacre 1?62, Records of San 11aten County, ZaliforniR. Grants Easement for nublic utility purposes. Affects a nortion of said rren14f*,4. 15. DEED OF TRUST to sec,ire an indebtedness in the original amount of S145,001 .00 and any other avnotints and/or nblicTations secured thereby, TrnTztor: Rancho Canada Cie Verde, Inc. , a California cor-ioratiom Trustee: First American Title Insurance Com,,nany, a California cornnration Reneficiary: "Betty Jane Costaleq, a widow, as to an undivided 13.791, interest, Frederick W. roode and 'Karilyn J. gn"')de' his wife , as Joint Tenants, as to an lxndivids:art 27*05*-. interest, Roy F. Hurst and Janet M. :Iurgt, his wife, and Cynthia Hurst, their dau-Thte- a Joint Tenants, its to an undivided 25.55!k interest, Commerical Financial Zomnany, a interest Oa1 %.rtner,qhin, as to an undivided 21.75 ant John "ICK'allin, An lin-ar-ied man, a to an linaivided 12.PR%. interest Dated: May 2, 1910 Recorded.: May 5, 1980 Document No. 4 527 R-A? 9n- ok/Reel 7957 of Official Pea-3rds at nacre/image 467, Rec,,,)rls of San Mateo County, CAlifornia. Beneficiary' s Add-r-sp - Nnt sqn,#,rn Loan No. - Not shown Covers rro'nerty under search and other nroyleotrty* SUPPLEMENTAL REPORT Order No. 2R4935 16. EASEMENT over the herein Aeqcrilhed Dronerty, as 'wanted in Deed: From: Rancho Canada le Verge. Inc. , a onrnoration To: James F. Wickett, a mingle man Dated: Jan,iary 25, 19q0 Recorded: May 9, 19p0 Document No. : 47017-AT) Pnok/Reel 799R of Offi,:*ial Records at nacre/imacre 1479, Pecnrls of San "lateo County, California. Grants Easement for ingress and ecrresq an,1 utility. Affects a rt-rtion of said rremises. 17* DEED OF TRUST to qec,ire an indebtedness in the oricrinal amount of $232,501.00 and Any other amounts and/or oblicratinns secured thereby, I"'rustor: Rancho Canada de Verde, Inc. , a California cnr-ioration Trustee: Firqt Anerican Title Insurance Comnany, a California cornoration Beneficiary: niq Creek L,i-ber Co-inany, inc. Dated: Axi-vist 14, 19R1 Recorded: Aurist 19, 1981 Document No. 787-4 0-AS of Official Recorls of San lateo County, C;Rlif-rnia. heneficiarylq Aldr---q - 3564 dicrh,qay 1 . navennirt, CA 99017 Loan No. - Not shown IP. DEED OF TRUST to seac,_ire an indebtedness in the oriainal arount of 81,209.` 00.00 and. any other am. 1ints and/or obliTations secured thereby, Trustor: Ran-.ho Canada de Verde, Inc. a ZAliforni," cnrnoration Trustee: Fel�tral Lan Bank of Sa:7rATn-,'--tntn, a 7nrpnration Beneficiary: Federal Land San)-. of Saararentn, a corporation Pated: Sencembtr 22, 19R1 ?(%cor(%--d: October 5, 19PI Document No. : 95359-AS of Official Recorts of San Mateo County, California. Beneficiary' s Address - P.-). Pyn- 13106-C, Sacramento, CA 9SR13 Loan No. - 233611-1 REQUEST FOR NOTICE: Recorded: jannpry 9, 1982 Document No. : 820,10497 of Official Recmrdq of San Mateo County, California, in which it is reqiiested that a cony of any Notice of Default or Notice of Sale urdt-r the ter!"" of the foreaoinrz need of Trust be mailed to: Mr. & '4rs. Norman R. Hoskincr & '!ro & Mrs. Ray A. Hoqkini, q-17 Fr,=yne Ct. , Cnncord, CA 9451P O;Rae SUPPLEMENTAL REPORT Order No. 284835 ADDITIONAL ADVANCE in the amount of $457, 053. 58 Executed by: Federal Land Bank of Sacramento 'Po: The Alan Honkinq Ranch, Inc. * A California cor-.')nratione formerly Rancho Canada de Verde, Inc. Dated: Au:rlist 10, 19RA Recorded: necamber 7, 1994 Document No. : 8A13134$3 of Official Records of San Mateo County, California. Additional advance under nPed of Trust recorded under Document No. 95359-AS of Official Recorfts of San Mateo County, California. 19. FINANCING STATEMENT given as additional security for the payment of the indebtedness gPcured by the Deed of Tr1ist, shown in Exce-ption No. iq above. Debtor: Rancho ^anade de Verde, Inc. * a California cor-3oration Secured Party: Federal Land Bank of Sacramento Recorded: October 9, 1991 Document No. : 95353-AS of official Records of San Mateo County, ,California. 20. UNRECORDED C04TRACT dated May 20, 1974 by and Between: Rane!hn Canada 3e Verde, Inc. and Alan HoskincT, as selle.- and: Lonisiana-Oacific Cnr-joration, as buyer as disclosed by 71enorandiin of Contract Recorded: Novim-lier 15. 1974 Document No. 953-AI Book/Reel 9737 of Official Records at naae/imacre 114, Recnrdm of San Mateo County, CaliforniA. Covers nronerty tinder search and other lornrerty. SUBORDINATIOq AGREEMF-IT: By: Rancho Canada de Verde, Inc. a California corporation and Between: Lo,ilmiaria-0acific Co-noration, a nelaware cornoratinn Recorded: October 5, 19PI Document No. : 9535P-AS of Official Records of San Pl-itr%.o County, California. Subordinates the above Deed of Trust to D-ed of Trust recorded under Document No. 95359-AS of Official Records of San "!ate n County. California. 21. AGREEMENT by and Between: Biq Creek Lumber Company, a California corporation and: Rancho Canada de Verde, Inc. , a California corporation Dated: September 29, 19PI Recorded: November 10, 13q1 Document No. : 5956-AT of Official Records of San Mat,--ao County, California. Dacre 7 SUPPLEMENTAL REPORT Order No. 294R35 Said aareement concerns that lisnersement of income from the sale of redwoo,t ant doucrlas fir timber* 22. CERTIFICATE 5f "amnunt of delinquent tax and penalties du e 11 filed pursuant to Section 2191 .3, Revenue ant Taxation Code: Amount: S937,93 Taxpayer: HoskincT Alan Certificate No. : 23959 Tax Year: 1991-1982 Dated: 'larch 17 , 19R2 Recorded: March 1R, 1982 Document No. : P2021R23 of Official Records of San Mateo County, California. 23. DEED OF TRUST to secure an indebtedness in the ori(Tinal amount of s109 ,000.00 and any other arounts and/or oblicrations secured thereby, Trustor-0 Rancho Canada de Verde, a California cnrnoration Trustee: Title Insurance and Trust Company, a California cor­nration Beneficiary: Clyle E. Carr, married man, As to an undivided 13. 7r,*-, interest, 7nnald C. Linton , a married, man, AS to an iindiviled 17. 43= interest, Freda F. '7isenson. TrustAe for the Fred F. Fiqenqnn LivincT Trust dated Jovember lF, 1977, as to an iin.livided 1Q.35t. interest, Karl ". Kirchner and Theresa M. Kir--ftner, linsband And wife as Joint Tenants, as to an unlivirled 3'-),I1t. interest, -and William P. O'Connor and Jnliana S. O'Connor, riu-,_13ancl and wife as Joint Tenants, As to an undivided 19.35!- interest PateU: "ay 3 , 19P2 Recorded: May 7 , 19Q2 Document No. : P2037144 of Official Records of San Mateo County, California. Beneficiary' s Address - c/n Herzar Financial Services, 530 Oak Grove Ave. , 0202, '41enlo Park, CA 94025 Loan No. - Not shorn THE EFFECT OF ASSIGNMENT From: Fr--ia f. Eisenson, rrnstee for the freda F. Eiqenson Livina Trust dated November 16, 1977 To: Herter Financial Services, Inc. , a California corporation as to An undivided (10.35% ) of the total loan Deted: Anril 7, 1994 Recorded : Anril 25, 19R4 Document No. : 840/ 4131 of Official Recorfts of .San Mac�o County, California. T3aae 9 SUPPLEMENTAL REPORT Order No. 284835 Assigns all interest in T,**--ed 5f Trust recorded under Document No. 82037144 of Official Records of San Mateo County, California. Assignee' s Address: 530 Oak Greve Ave. , Suite 202, Menlo Park, Ca 94025 THE EFFECT OF ASSIGNM)MT From: Herter Financial Services, Inc. To: Herzer Financial Services, Inc. Profit Sharing Trust Dated: Mar-h 7, 19q5 Recorded: Anril 2, 19R5 Document No. : 95010725 of Official Recorciq of Sam Mateo County, California. Assigns all interest in Deed of Trust recorded und®r Document No. 82037144 of Official Records of San Ma=en County, California. Assignee' s AAdrescq: S30 Oak Gr-nve Ave. , Suite 202, Menlo Park, CA 94025 24 . DEED OF TRUST to seclire an indebtedness in the original amount of S1,000.00 and any other amounts and/or obligations secured thereby, Trustor: Rarv--.ho Canada Ae Verde, Inc. , a cnrnoration Trustee: Title Insurance and Trust Comnany, a California cornoration beneficiary: Herzer Financial Services, Tnc. Dated: MAY 3, 19Q2 Recorded: May 7, 19R2 Document No. : 92037145 of Official Records of San Mateo County, California. Beneficiary' s Address - 530 Oak Grove Ave. , .0202, Menln Park, CA 94025 Loan No. - Not shown SUBSTITUTION OF TRUSTEE Dated: June 30, 1R9#; Recorded: July 9, 1986 Document No. : 86077477 of Official Records of San *latex County , California. Substitutes T. D. Service Comnanyo 1990 North California 31vdov Suite 716, 4alnnt Creek, CA 94596 in lieu of the above- naned trustee. NOTICE OF DEFAULT: From: Herzer Financial Services, Inc. To; Rancho Canada De Verde, Inc. Dated: June 30, 1989 Recorded: J111"r 8, 1986 Document No. : 960'77479 of Official Records of San Mateo County, California. Said Notice re-fars to Peo-rt of Trust recorded under rncumert No. R2037145 of Official Records of San Mateo County, California. Pacre 9 SUPPLEMENTAL REPORP Order No. 284R35 25. FINANCING STATEMENT given as additional security for the payment of the ind3btainess secured by the Deed of Trust, shown in Exception No. 11 above. Debtor: Rancho Canada De Verde, Inc. , a California corporation Secured Party: Federal Land Bank of Sacramento Recorded: May 10, 19R2 Document No. : 82037629 of Official Records of San Mateo County, California. 26. DEED OF TRUST to secure an indebtedness in the original amount of $16, 000.00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canade de Verde, Inc. , a California corporation Trustee: Western 'title Insurance Company, a corporation Beneficiary: Ric Creek Lumber Company Dated: July 29, 1992 Recorded: A•s.fitst 11, 1982 Document No. : P205 R353 of Official Rerords of San Mateo County, California. Beneficiary' s Address - 3565 Highway 1, Davenport, CA 95017 Loan No. - Not shown SUBORDINATION AGREEMENT: By: Alan H oskincx Ranch, Inc. and Between: Bij Crept Liinber Company Dated: October 30, 1994 Recorded: Pecember 7, 1954 Document No. : 84131342 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Additional Advance recorded under Dnciinent *?o. 95359-AS of Official Records of San Mateo County, California. 27. DEED OF TRUST to sec,ire an indebtedness in the original amount of 947 ,000.00 and any other amounts and/or obligations secured thereby, Trustor: Ran^ho CanadP 3e Verc a Inc:. , a California corporation ernstee: Western 4itle Insurance Company, a cornoratinn Beneficiary: Eic7 Creek Liirber Company Dated: July 29, 1992 Recorded: Aurist 11, 1982 Document No. : R20A R354 of Official Records of San Mateo County, California. Beneficiary' s Address - 3594 dicthway 1. Davenport, CA 94017 Loan No. - Not sho-sn Paae 10 i SUPPLEMENTAL REPORT Order No, 2R4835 SUBORDINATION AGREEMENT: By: Alan Hoskinc7 Ranch , Inc. and Between: Bi T Creek Llir*ber Connany Dated: Oc:o ber 30, 1984 Recorded: December 7, 1994 Document No. : 9413 1344 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Additional Advance recorded under D�cum-3nt No. 95359-AS of Official Iecords of San Mateo County, California 2s. DEED OF TRUST to secure an indebtedness in the original amount of $139,001.00 and any other amounts and/or obligations secured thereby, `I'rustor: Rancho Canada le Verde Inc. , a California cnrporation Trustee : Gtestern Title Insurance Comrany, a corporation Beneficiary: RiX Creek Luber Company rated: JZily 29, 19R2 Recorded: Au:rast 11, 1982 Document No. : R204P355 of Official Records of San Mateo County, California. Beneficiary' s Address - 3564 Hichway 1. Davenport, CA 94017 Loan No . - hot sh rrpi SUBORDINATION AGREEMENT: BY: Alan Ho4kinrx Ranch , Inc. and Between: Biz Creek Liimber Comrany Dated: OcG-)ber 30, 1934 Recorded: Dee-ber 7 , 1994 Document 140. : 84131343 of Official Records of San Mateo County, California. Subordinates the above Deed of Trust to Additional Advance recorded under Document No. 95359-AS of Official 4ecords of San Mateo County, Califnrnia MODIFICATION of DEED OF TRUST by: Big Creek LTipber Comrany, a California cnrporation and Between: The Alan Hoskins Ranch, Inc. , a California corporation fnrmerly known as Ranch Canada de Verde Inc. , a California corporation Dated: Awi st 30, 19P5 Recorded: Sentember 5. 19R5 Document No. : PS14Os27 of Official Records Of San Mateo County, California. p3ae 11 t I I SUPPLEMENTAL REPORf Order No, 284835 29. CERTIFICATE of "amount of delinquent tax and Denalties due" filed pursuant to Section 2191. 3, Revenue and. Tascation Zocte: Ariount: $947. 53 Taxpayer: Hoskin, Alan Certificate No. : 25651 Tax Year: 19R2-19R3 Dated: November 5, 19R2 Recorded: November 8, 19R2 Document No. : R2096901 of Official Recorls of San Mateo County, California. 30. DEED OF TRUST to secure an indsbtelness in the original arount. of 950,000.00 anA any other amounts and/or obligations seciired thereby, Trustor: Rancho Canada le Verde Inc. , a California corpora- tion Trustee: Title Ins,irance anA Trust Company, a California cornoration Beneficiary: Biq Creek Lumber Company Datea: July 29, 1993 Recorded: Jannary 29, 19q3 Document No. : P300R984 of Official Records of San Mateo County, California. Beneficiaryli Address - 3564 Highway 1, nevenport, CA 94017 Loan No. - t-ot sho* n SUBORDINATION AGREEMENT: BY: Alan Hoskinq Ranch, Inc. and Between: Aiq Creek Liuriber Coi1,7)any rated: Oct,-)I)f%r 30, 1994 Recorded: De,::amher 7 , 1994 Document No. : 84131349 of Official Records of San Mateo County, California. Subordinates the above Deed of Trost to Additional Advance recorded under Document No. 95359-Al; of Official Records of San Mateo County, -'alifornia MODIFICATION of DEED OF TRUST by: Rig Creek Lumber Company, A California corporation and 9etween: The Alan 14oqkinq Ranch , Inc. , a California cor7),".)ration f'3rmerly known as Ranch Canada de Verle Inc. , a California cnrnoration Dated: Alzrist 30, 19P5 Recorded: Sent-ember 5, 19,35 Docurent No. : 8509OR29 of Official Records of San Mateo County, California. vacTe 12 SUPPLEMENTAL REPORT Order No, 294835 31. DEED OF TRUST to eec,ire :qn indebtedneqs in the ov -icrinal amount of 3180,000.00 and any other aynolints and/or oblicTations secured thereby, Trilstor: Rancho Canada re V:arda, Inc. , a California corno- razion , Theresa Ruch Hoskin?, a married woman and Alan hoqkin(-, a married rian Trustee.* Artitle Cornmany, a California cornoration Beneficiary: Bia Creek Lumber Connany De tea: Feb?-uary 24, 19R3 Recorded: March 1, 1993 Document No. : 830IRP19 of official Recor-Is of San Mateo County, California. Beneficiary' s Address - 356A Hiahway One, Davennort, CA 95017 Loan 11o. - not sho-n SUBORDINATION AGREEMENT: By: Alan ioqkincr Ranch, Inc. and Between: Pik' Creek Lumber Company Dated: October 30 , 19R4 Recorded: De-.ember 7 , 1914 Document No. : R4131347 of Official Re(--ordq of San Mateo County, California. Subordinates the above Deed of Trust to Additional Advance recorded xinter 7)nciiment No. 95359-Al; of Official 9ecorlR of San Mateo County, California MODIFICATION of DEED OF TRUST by: Fix Creek Lumber Comnany, A California corporation and Between: The Alan lir3qkin7 Ranch, Inc. , a California corrora- tinn fornerly known as RAnci Canada de Verde Inc. , a California cornoration and Theresa Ruth Hoskincr ani Alan '1oqkin,:r, individnally Date3: Allrist 30, 19FI5 Recorded: Se-_Nterl_ber 5, 19P5 Document Vo. .# 850iOR30 of Official Records of San Mateo County, California. 32. DEED OF TRUST to secure an indebtedness in the oricrinal amount of 820,000. ')0 and any other amountq and/or obligations secured thereby, Trustor: Rancho Canada ne Verde, Inco , a California corror- ati,)n, rheresa Ruth HosKina and Alan ffosKinc Tvistee: Amtitle Coynn- mny, a California corporation Beneficiary: Bid Creek Llirber Cornrany Dated: Fe )-narY 16, 19R3 Recorded: Feb -nary 19, 19R3 Document No. : q3I16001 of Official RP,::ords of San Plato-o County, California. ;:(_-neficiary' q Aadrt2!!zs 3564 :Iicrhway One, navennort , CA 95017 Loan coo. not shol;n T2aae 13 SUPPLEMENTAL REPORP Order No. 284935 SUBORDINATION AGREEMENT: BY: Alan Hoskincq Ranch , Inc. and Between: Bid Creek Limber Corrany Dated: Oct-)ber 30, 1944 Recorded: Decem`)er 7 , 19R4 Pocitrient No. : 134131349 of Official Recorls of San Mateo County, California. Subordinates the above Deed of Trust to Additional Advance recorded finder DncumAnt No. 95359-AS of Official Records of San Mateo County, California MODIFICATION of DEED OF TRUST by: Bid Creek Leirber Co--many, a California corporation and Hetween: `Poe 41an Hoskincz Ranch, Inc. , a California co-noration forr^erly known as Ranch Canada de Ve rie Inc. , a California corporation Dated: Au.:tst 30, 19R5 Recorded: Se.-Ite-ber 5, 19R5 nocument No. : R509OR31 of Official Records of San Mateo County, California. 33. MEMORANDUM OF AGREEMENT by an,i Between: Alan ifoskinc, Theresa Ho4kin!T (also known as Theresa Ruth H�,;kincr) and Ranch..i Canada de Verde, a California corroration and: Rig Creek Lumber Company Dated: Fe')-•ztary 10, 11,13 Recorded: June 17. 1993 Poclar-ent No. : A3060390 of Official Records of San. Mateo County, California. 34 . DEED OF TRUST to secure an indebtedness in the oricrinal ar+olint of 970 ,000 ,00 and any other amounts and/or obligations secured thereby, Trustor: Rancho Canada 3e Verde, Inc. , a California cortx?r- ation, Theresa Ruth Hoskin7, a *parried woman and Alan Hoskinc, 3 r'arried man Trustee: Ar:title Company, a California corporation 5enef iciary: Ric" Creek Liimbe?r Company Dated: March 7, 19?3 Recorded: July 19, 19R3 Docursent No. : 93073782 of Official Records of San MatPa County, California. Beneficiary' s Address - 3554 ^iiahway 1, PavPnport, CA 99017 Loan Uo. - not shown nacre 14 x� i SUPPLEMENTAL REPORT Order No. 294835 35. CERTIFICATE of "amourt of delinquent tav and penalties due" filed pursuant to Section 2191.3, Revenue and Taxation Code: Arount: 9946,92 Ta", ayer: klam Hoskina dbm Relief Certificate No. : 277R7 Tpx. Year: 19R3-19P4 D a zel: November 9. 19R3 Recorded: November 19 , 1993 Docliment No. : Q3126939 of Official Records of San Mateo County, California. 36. GRANT DEED From: Alan Hoskin , Theresa Hnqkincr (also known as Theresa Ruth Hoskincr) and The Alan Hoskincr Ranch, Inc. , a California cornnration formerly known as Rancho Canada T)--! Verde, Inc. , a California corno- rA ti on To: ni.7 Creek Llimber Company, a California c-3rpnration Tlated: 3oV4Trbe- 29, 1994 Recorded: 1)ecTm�)er 7, 19q4 Docilment No. : 84131356 of Official Records of San Mate,-) County, California. 37. DEED OF TRUST secririna C-)ntinnina Guaranty Trnstor: Biq Creek Lnrber Company, a 'California corporation Trustee: First American Title Insurance Comn?ny, a California cornoration Beneficiary: Alan Hnskina, Theresa Hoskins (also known as The-epa Perth iomkincr) and the Alan Hoskincr Ranch, Inc. , a California cornoration formerly known as Rancho Canada ne Verde, Inc. , a California corno- rati on Dated: Nov-iynner 29, 1994 Recnrded: 71ec,3mber 7 , 19R4 Docliment No. 94131357 of Official Records of San Mateo County, CAlifornia. Beneficiary' s Address - 16060 Skyline Blvd. , Wnodside, CA 94062 Loan No. - not shorn 3R, MEMORANDUM OF PURCHASE AGREEMENT by and 'Between : Riq Creek Lurber ComnAny, a California c-)rroration AnI Alan HnqkinT, Theresa ioskina ( also known as Theresa Ruth H,3skincr) ant: Alan Hnqkinz Ranch. Inc. , a California c-3rroration for!-terly known as Rancho Canada de Verde, Inc. , a California c-rniratinm npteI: Nov-!-ber 29, 1944 Recorded: T)ec-:�*mber 7, 1994 rocunent No. : 84131359 of Official Records of San Mateo County, California. ?acre 15 SUPPLEMENTAL REPORT Order No, 294835 39. EASEMENT over the herein described nroi>--rty, as Granted in Deed: From: Alan Hoskina, indivi-Ilially anel Rancho Canada de Verde, Inc. . a California corporation, now known as The Alan Hoskincr Ranah , Inc. , a California cornorAtion To: 'ItT Creek Llirber Cownany, a California cor'no3ration Dated: Nov-ml-)er 29, 19q4 Recorded: r)ec—nbe- 7 , 1994 Pot-ument No. : ' 94131362 of Official Re=ords of San Mateo County, California. Grants a non-ems!clusivem. easement anti shall be over the existincr roads within the real ->ro-ye-rty, riaht to widen or otherwise imnrove the existina roads, inclwlincr installation of culverts and other drainage facilities as are reasonably necessary to operate loacTincr trucks an-1 other &zpiinr,:mt necessary for the harvesting onerati-n on the real 'Prorerty. 40. EASEMENT over the herein described nrorierty, as aranted in Domed: From: Rictard T. Burzer, as his sole and se,-narAte 'pro-erty To: Iricy Creek Limber Con,3any, a California corporation Dated: November 13, 1994 Recorded: 1)ez,,!.-'ner 7, 1904 Docni"ent No. R4131363 of Official Records of San Mateo County, California. Grants a non-®xcllisive easement and shall be over the existina roads within the real nrono-rty, rirTht to widen or otherwise improve the existina roans, inclulina installation of culverts anel other Iraina�Te%- facilities :14-1 a,-p reasnnably necessary to operate lor.waina trucks an-A other eqnimnent necessary for the harvesting o-)erati-)n on the real nrmrerty. 41 . DEED OF TRUST securing Continuincr Guaranty Trlistor: Alan Hoskinar Theresa Hoskincr (also known as Theresa Rlith Hnqkinr-T) and The Alan Hoskincr Ranch, Inc. , a California cornoration, formerly known as Ran=ho Canada 3e Verde, Inc. , a California corpor- ati-in Trustee: First American Title Insurance Com-)any, R California cnrnoration Benef i<-iary: 3icr Creek Limber Commany, A California cnrr�nration Patect: Nn-,r,--)-her 29, 19RA Recorded: necern.ber 7 , 19q4 Document No. : 134111369 of Official Records of San Mateo County, California. 73enef iciary0s AddrA--s - 3564 Hicrhway 1. navenport , CA 95017 Loan No. not qho,4n viae 16 SUOPLEMENTAL REPORT Order No. 284935 42. JUDGMENT, issued out of the Municipal Court, County of San Mateo, State of California, Case No. 56S22, entitled, "Killian H. ReckPttl Jimmy T.. Williams, et al , Plaintiff(s), vs. Rancho Canada Verde, Inc. , etc':. , et al . , nnfendant(s) . * Juelament Crelitor: William H. 7eckett, Jimmy L. Williams Judgment Dehtor Rancho Canada Verde, Inc. a cor'noratinn; Alan Horkincr, an individual Recordel: Aullu5t 21, 19R5 Doniimert No. : PSOR54lq of Official Records of San Mateo County, California. Ario,,nt of J,,damenz: S5,351*R5 Attorneys: Paniall E. Tay, Esq. , New & Irmy. 1840 Van Ness Ave. , Ste. 01 , San Francisco, CA 94109 Telephone: (4111) 996-4200 43* STATE TAX Lr-ww in the amount of 912, 15R.95, and any other annunts due thereunder. In favor. of: State of California, State Soarl of Equalization Against: Rancho Canada de Verde* Inc, Account Ito. : Yr-100316 Certificate No. : BE-246P YT, Dated: Auzrisz 21 , 1985 Re-corded: Sente-ber 3, 19R5 nncument No. P5039829 of Official Records of San '11atf-o County, California. Actress of Claimant: D.O. Fin- 1799, q1c?-Amento' CA 95RO9 A-4 EASEMENT nve- the herein lescribel nronerty, as ?ranted in From: The Alan Hoskin(, Ran-h, Inc. , a California cornor- ati^n formr.-rly known As Rancho Canada De Verde, Inc. , a California cnr-)oration, and Alan Joskina and Theresa Hn7,kinrT, (also known as Theresa Rlith oq)-inT) , h,isbanrf and wife, as individuals To*. Mil�eninsnla Onan Inace District, a Dublic listrict Pecorded: Sente-.ber 5, 1999 Document No. 050,4ORlq of Official Rer-ordt; of San mate,,) County, California. grants Ea se A-ra nt for nlibliz trRil /rin- arian corridor And ingress and eqres3, and ri7ht of first refusal. There haven no deqes recorded within the last six months 7.,3rior to the late if this report, affe!=tincr the herein described pro-A-rty. NOTE: This report is subject to a cancellation charge as required by Sections 1204, et seq. , of the Insurance Code of the State of California and Rule No. 2 of Denartment of Insurance Bulletin No. Na. 35 E.F. page 17 SUPPLEMENTAL REPORT Order No. 2R4835 DESCRIPTION The 1,1n.1 herein referred to is situated in the State of California, County of San Mateo, and is le,,-cribed as follows: PARCEL 1: A portion of Lots I anr. II in Section 16, Townihir 6 Sn1ith, RancTe 4 West, Mount' Diaolo .53se and Meridian, and a nortinn of the Rancho Canada RRYnunfto, being more narticlilarly described as follows: BEqINNING at the Southwesterly corner of said Lot I in Section 16, and r1innincr thence Northerly aloncr the. Westerly boundary line thereof 1ROO feet, nnre or less, to the Southwesterly boundary line of Skyline 13-ulevard, 100 feet wide as established by that certain Deed fro- J.P. Perry to the State of California, dated March 25, 1924 anI recorded July 3, 1925 in Book 172 of Official Records of San Macen County at Pace 319 (File No. 41049-A), thence, alone said Southwesterly boundary of Skyline Boulevard in a cranerAl Southeasterly directirin 1900 feet, more or legs, to the intersection there-)f with the Easterly boundary line of said Lot. I; thence Southerly along said. F-iqt-.rly boundary line of said Lot 11, 100 feet, nort or less, to the Eisterly nroloncTation of the Southerly bonntary ling of sail Lot 1: thence Westerly aloncr said roloncation and siil ;nuzherly boundary line, 1651 feet, more or leis, to tnn roint of beTinninrT. PARCEL 11: Parcel 2 as shown on that certain ma-i entitled "PARCEL MAP BETNr, A RESUPnIVISI01 OF THAT PORTION OF THE R.A.NC,-10 CANADA DE VERDE LYI11r, WEST OF S!"YLTINE 5011LEVAR1 AT SKE1GS 'POINT DEqCRIFFD IN THAT DLED FILED IN PNOOv 1314 O.R. PAGE 333, EXCEPTIN1.3, THEREFROM THE LAITPS DESC`221F,D 1,14 THAr nEETI, FILE!) III BOOK 1798 OR PAGE 734, RECORDS OF SAN MAC EO COU"JTY, CALIFORNIA-, filoerl in the office of the County Pecorder of San Mateo County, State of California on November 23, 1977 in Book 39 of Maps at Pages 3P and 39. PARCEL III: BEGINNING at a Point on the Southwesterly line of the 100 foot right of way of the State of California Highway known as "Skyline Boulevard" Pivisinn IV, Route 55, Section C, San Mateo County, said point of beainnincr beina distant 107. 46 feet aloncr the arc, of a cirve (concave to the Northeast and having' a radius of 650. 00 feet and aientral angle of 9* 2P4 20m) from a concrete ,ronument markincr the ?nl of a carve nnint in said right of way line 07,nosite Enaineers Centerline Station "A" 472+72 D.O.T. of said Highway t'ie bearing of said centerline at said station being North 67* 14' 37" ',,Ie,;t) t thence from sait ooint of becrinnincr nacre 1 R SUPPLEMENTAL REPORT Order No. 294835 and leaving said Snnthwesterly riaht of -AY line of Skyline Boulevard North Rq0 530 160 West 1397 . 17 feet: thence Solith 290 361 Son Went 1300 fast, -ore or less, to the Southerly bnundary of the Southwest Tiarter of Section 16, Tnwnshin 6 South, Range 4 West, M.T).F;, and t . : thence! Westerly alnncr said last mentioned boundary 180 fomet, more or less, to the Anlithwo-st corner of said Section 16; thenc® Northerly 1lon-T the Westerly boundary of said Section 16 a distance of 2940 feet, more or less, to the Southerly b ou n da ry line, of r.,jt T of sail Section 16: thence Ranterly along said last mentinnel line 1650 feet, more or less,m to the Westerly hwin-lary line of '5arcel 2 as shown on that certain parcel Mar. recorded November 23. 1977 in gook 39 of Parcel ?IaDs at pacTes 3R arl 39 : thence al-ina sail last mentioned bonr%deiry Sour-h 1RO 329 240 cast 450 feet, more or tars, to the Westerly line of said Skyline Boulevar.1 ( 100 feet wide) : thence Sontheantarly Aloncr said 4esterly line 1000 feet , more or lesmv to the mint of becinning. A.Q. No. : 067-340-010 JPN 067 034 340 01 A 097-340-020 097 034 340 02 A 06 7-3 40-0 40 067 034 340 04 A 067-3AO-160 097 034 340 06 A 097-340-070 057 034 340 07 A ORDER DATE: 0ct.nh4--tr 2, 1996 S.T.R. T)A,rE: None RG/Icj/POCT Face 19 /7' TAX CODE AREA_ _ /6 "Thu map may or may not be a survey of the lano 67 - 4 depicted hereon. You should not rely upon it for ' ;� �'LF ____- — any purpose other than orientation to the general ..3` r� location of the parcel or parcels dapictud. First (\ American expressly disclaims any liability for alleged loss or damage which may result from I , reliance upon this mao" I t._ r, , + r .• • I : �i 4CfC 1 = t � t If Ct4 , • I tom. IT AT COMM SNE )Jr IJ-JI I G: PARCEL r BK 72 o \ C) s I � I ! 1 y /7:/b -, ( ---- -- ----------- sT--- --- ----__t_� PARCEL MAP VOL 39138-39 It 20 ,2/ CABRILLO UNIFIED SCHOOL DISTRICT ;u 4n So!` �• :tea ::•! �+ g i $ $ �r a•E aoo'-c •n � IL £boo P. �4 • 1 g : z a v 3:g� d t rYs r a 3 zJ. o a a 03. O $ �g i FEa�+ $=a S-rill z ai ga; a s V p 4 E l r�• Y Obo NE W c� � ESg$ � F d g a • £Y oc , C► N W E b gEa co� � o-4s m < r�« a$ E Z =a 0 •� E EB •E$�$ arc > lic ` 'E�$ J �} • • ! vuY Y •. w J Y .J 3 cME03 i Yoc .� cw•53 �«'• ■ � E = S $ E Q - K Z 4 E �_ °°wc coc E y • a �' c $ W W g £ g $$$ LEw« ° Ica W Z • c •el E W c t N � - I iQ " � • aoo'oo to Z yr • wwwS _O _ � ••► �. $ ¢ K c � j Z Z c u g`•Y ;o rc ft O w`as ��E N N F • z W m Q O • • a boEEa`c W aEc W O c $ a ! E e a a W • 8 $ • ` $ ���E • Z N c � $ =o c J $ f ` o N $ P 1 �- L' • u- •E a r c «� W O E oEaD c° $+iqu O K oTi ��E O W j! c i aa� E!u $ ,+� gar' _ i S ! t w - c3c iE£oE Z W oc •ace F $a 4 $ d s a 0 c Q $ j =o!� 5 Q Q EB $= P ` �� ogf = C is ' W W i t r aE y4c • ,,� c£ w a $$ Sr N = r �_ v eras y c v� w g g t V j , Q� $ AY E a otJ O c as a Hiti •' Utz (aW gw5 E E_�P8 W OEM �`;eeyg�a < cu$! •cto £ bK • Q « M Lr • • L M}} C !C U A O A W Z • r ♦y � � S wow=�c J y ' ia�$p° F ti = cce 1 ' s ••.: Z E E i a cEuC!k _ $ac�� H r ds`3= O E�' i ;ot :i$ � Fe _ cj �i E Ex v-... E`Stw ~ o`$ o co � Z ig •- $� w s SY + o c E _ € g r� O_ c 34_a� $ g . F� $ t a IL Q Z S $ $ ig twow E xcMn'c 4 g'�• c C`�a� Z PE B icSt o•E w 4 c4 '�' �' 4. W $ • • !P $$ �u[c `tetr o3r�o J •6£ >Coo£ < d_ !_ g lun�• c•aa c • £ rs $ '4� $ ' 8° $g `ESE Siw'c •ci Z `cT► , •�EiE i w Z$ E,cc $ iS0E U y�j3. s� oc• • P H r E iQ± A€ C. QaT i $wag < cjrs�• ••'O• �••E E «E € S C �' E ccc E $' $�$$ $ Ewcc•p W ziHI Eilci ~ a t • E $ S,', 3E••,Qi 'Z r 2 �Y3 • ri E _ P • v « 'c.* « r`�i r$«c u of $« c E 0 E Ti o x c k : _ Eye a pSc cp'Qwiiu:�w < �de ` iac»E SrEg i4 ¢ to o w : � g +E3 a �' G •- �aC � MQ cc MO 1UD C`«* E • U yzQQ • + Y « $ Q C � '`-'�M O yra O 4•u M° L Y ; �$ W UC 1L W c G �w « r r c Eama $4p� y$ a ✓£E* 0 'aa b rIEc�Jo 33c w �casw £ E `c_ E c �-° Q $ iY Yjixi.a !�( £ �'• cp �c c _ £E • 9 .; c4o4 da o .i r « r ` '°o ' ►+E �$ $3E '�Ji<ESi� a $u�i¢ �E4 ¢� i�rE E o x ' r °' d 0 N - - T T« T• T �aT[ O - - Q ► C G 'cC G C - u S o p - U t w E p c: .• N A ♦ "i Ip h wl m [v E4 N m 4 Q O w li tU °S 1 1Pi00a,3404nd will 44 uSr04t tau pug#Atl Aq posodw!'p•4t!u,ni,•IieS,•4 a 0aiof•,syl t•uaieW,O,ogel`teawsg al Ly•011461,a b•!t Aur 'M*m 03 0191,O swlga 1W6!„geAt'p•,s41•Ou•nssl aW 6u!tu041n•slaV wl i0 etusled us suoildeavo iO suo!Igue"i:*wimp 6u!u!w p•lueledun .Q Otl4nd A4 ugaW law ue Vo!Vw Pug'SSaps!D pnotr Astuns pS„oa•40!4tw stay,a1ij0 Aug,0 1/u•W4aeo,aw sae u!S6tyotis 1•u4 A,epu^OO ul tlagjuao'g•!auedorma .p Vpaaw arygnd 044 A4 uSt04111 IOU aw ON-ssOu•JgWnou•JO lusWst•s p gw!gp VUSW"e3 � -s•ssod wsumed pA,mbut 6uAewAQ/apup pot puglagdsu!wAgpW!•to•Otm Sq gnOati011)l1l ln0 tp,oa+s,? • t"MVI wOA I4nd W AQ wwO4g tau We 4*!Y MAIM�,01tsio•1N'e1W)u Vmj AuV 'S sp,0aat Oggnd a4l Aq a Atoed od toll u0 tsuswss•ste,0"tq s•!MW 1sW Aito041ne butt•)Rue tp sp,Oaw•W Aq suwl bu!q!"se usto4s tau we tp!Va sw•Wnss'1e Jo"eel •t '..., :w0 Wed 'bu!gotlol 004 pus Suo tlwd ul ut110y0 g,eltaw Wt 10 uos•u Aq 96ew•p a soot ow!e6m un"tau eeop Aatlm s!41 9 31na3HO8 Stsl•nlle a puml s44 401.40 us step 044 Ia S.sl.ee0u!atq 6u1 op..slgmotlod•vlueAldW00olsssupsl4•WR•Wto,sWWluMa•e4ns Aug p,OAotpdp*too t•p•+new•4IIOwn"wip&s"o*oq•60',4wps,neu!•Wtoua1w1so'w"4e•wOlu•un 'p "fall to oleo 1•pelildwOD a w0110n,lsbo0,•pun quswstw,dwt WWII a)tlu•w"Stte 01"ut•,•4 p•p,Ojie t!SOut,niw!Wlte gut Ot,O IaAlflu to Aoga al ustl"Into io Aura at gs wueso pop,o)p a p sauwntw!WOP*SW Ol kis•)AoWd p*lea at►usntle"ne ooitt•10 a 6utyaetle 1p) 'Iueunmp p•,nsu!Sot o1.6•wepa tsolouW6ullingu W :!•pUn•,•v p•iMu!US•W"11u•WI•pp•,nut!4'Jne•top•WOI,oudAu•dW000ujot UNW!ep peons"*%A46u11!im,W pMOpelp tau pus e6e61gw plinout a4t puunoae to AatlOd quit Aq p•,new t"wiw!a elms"us pe4nDae w-!q0 slang Step•4l in Po Ao!pd t0*lira&a is"*WsW!ep pwnsul•W at UNAll"04 gp,oOlt a!pna OW All u^%o4tloupueAuwwo7S4101u,wuslpu IV 'lu•W!•ppunsu!aWAgalo•S,be,op•wns"'pe,•µm"p•Im•n Ie► e+Sumw,•Vtoa'tut!ep•s,•rA/pe7sauugWraw"wSytip•t•a '� 'Aa!1od MO si•Q x sp/00a,:l"no sW tm ito &I gWbu slam to 090A•t•e411S"IOU-*I-Mnoa mOtlad p$140to ppwtwu,Snob,O u!mwap luous-p wwft 'Z uagan6•,t•iu•wu,•tto6,o e0ueutp,o`mom 4*m A"p llalielOM Aug p pet"s41,a"pua SW to g•is a tuoteu ullp 041 us toolmpu s,adtyu•umaus u0tle,edsl8bWit4!4adw'pup SW YO pap040,s4es,04,OACKI10•Wta,dwt Aug to Waste-gt I,O suOMYMY!p*jo=we4*o 16u11etn6u,0'pua Wl la Wuwcolu•,o son"Aouedn»O aW 6utwQ440,da6u411110166A,O 6ullautsuttsoumu!p,o 6ulu0s pull"llpnQol peplug tau lnq 6ulpnMW)ugM9jn6w lgtu•wu,stta6,01soueu!p,o'wq Awry .t .1a11o4 em►a•6eNA0a 043 wait pepnpte AleeudsS we Lettow 6u molioi SOU 3DVV3AOO NOW SNOISmOX3 d0 31na3wos SNOILd33X31VNOI03V HSIM (01-It-Ot a3aN3NIV)3OVa3A0O t WtlOjI 1N3W3SWOGN3 V11V H11M OL6 t-A3110d NVO1 NOIIViOOSSV 31111 aNV1 NV3IV3 WV '6 1p,00u Ougnd out All v-Ags tau pus am All pewdul!'p•VwWnt w4eaw4 io aaplenli iMNI•W,O,a4p 163!Mig,o)1pl a as 1461A a t,•tl Aur ',•tuA at elms jo gY!mp 11461,•lems'plum 1 aou•nw SW but mown gory sit jo Nutted ut suolp•Ot•,O su011Wem:oustep bututw p•Iwstedun It 1p,00s,atlgnd Aq utAa4s tau we vot4q pull'Sggaap pinom AOA,m tam,iaa a 40!4q riasi w4p Awe a liuowtlosO,Ous'mew ut•f~V"I A,mpuna4 w slatttuoa 1e!aue0scaa IF 1paau Oggnd•lit Aq wwotp tau aw 40!4q sgaue gWnoue,o tueWe"a to swsa0 2luow•ew3 T p•,•yt uonremood ur suoutw to A,tnbw 6unlgw Aq jo pup pet to uwta•Ogut we All pwtetosa"Sq pinOa Vat4As inq epw.ts,atpnd mW Aq umovs tau us kM st W am us 1Wbu 11"I A W 'Z 1pioaw Ot)gnd out All a Atio aid low uo tlu•Wsmg",o tetp••!tlal►e4t AWo43ne 6ulsq Aug to ep,00•,SW All"I 6uip!""umo4a tau sw 42140 sWWBSO"w jo"tml '1 :sup told :6u-OKI otws pug am*stood ul utwo"uegew OW 10 uoeeu A4.6•wep,o"ot tsule6m anew tau e0op Aoilad s!41 9 31na3H09 AOttod tat Aq pain" i",aW!,oalst"SW,o1+MeapaapevWewtelaPuneut•WNWtu•Iengu•s0•Ag4Wupinw►YaWMs6gwp,o"quu6wyMe, (0) w:AOlpdµ OwC)OiWsnaoWt»psles»w6ul -40e11e tp) i'swtgp painow a4101.6eWmp a tool am u'6ut4n", rj) J•pun•,•vp•,nsuiue•We7•QlueWla9p•U4"42ft't•isp•4/01AOud AusdW07.430IWW!sl.1p•Jmulma Aq 6ut ium dr"50imp tau pug AOttod gut A4 ISOA811,01,O 01t1"ue paNn00e lug::lel0 40"ilmp 041le M AOttod to slea t•,e4ke W tw!ep punsut•41 at u000ull mq sp,oOw O!Ignd•41 All 4M04610upwe AwsOUiOD04saluaoulllaw W IWOUIlpape,MM•WA4olpM,6•,O posom m"jeUm"loan te) LaligW w4p,a'slwlep•g,•Apg 1.OYu4WnOW 1ue!t 11a•tma "C -AOttOd to*two to ep,00su a!pnd s4s um wooddll gv6u slam p"t0,•se eW is•allow gspun,ewad SOgOd is sW6u iquilwu,•A06 a u!ewiop twu!W to 2446ty -1; volan6u lelumw4,sAa6 a sOYwNpa'Ml slam Aw p u0!lmlgA Ault 10 1004o OW so Vuel an to Sue p tuOquawtp a41 611 uOtlanpu•AD 014e,•u00 ut uotlumdst m bwiq!4oid,o'pua 041 u0 pope,a,el1"ie4,O twou W eWAO,OIw AUG p ttotle."10 2uopusw!p',Sl»,e42 0416utiein8u,0*Pugl 044 00 :uaWAotw,o son'AOurdn=o out 6w1lQr4pq jo,6u4pnbug6w10!,iw(gsaugWpgD6Wu0>pug Out M#Matpoiw+lltauVg6u!pnptq)w0!swin6uletuawwNna6,asoWulp,O`wgAuM t 39VV3AOO WOMA SNOtsmon d0 31na3HOS SNOI1.d33X31VN0103V H11M (OL-Lt-Ot a3aN3WV)OL6t-9 V4MOS AOi1Od SV3NMO NOIIVIOOSSV 311I1 ONV1 NVDIV3WV 's Imenue a pup•W 401W,w us Ow out p seem MKIWM bwop.eW"ga" 41uw Apwoo of s•upp4spu!sW/o,swno ui•nP 4 Awe p,o Aaslod 10 mpa u pSommM ma jo san!q p s•1lmosq s6g6110W puma eW to u0y oW Ia AkN4geotaW W1 '1► 0Ot14110 also to 06640 •WOO,a uOtsoninum Allmon S;Y•WAO,idWt mmile i0mvew"Of"at"uoWOQ pep,OWes!souwnsw Wl=a 041 olio muomm ia,agq tot watt A,Olnww Aug ai"Wsiwt 00 •Dtolte st sOuumw lusiss sW of lW)oss)A.7tpd p swa of Wnoee4ns paga,a,0 6ue4aglq tp) 'tueWtpO punsu!weal s6swgp Jose"ow u#aw wow p1 jopun w4 00iniW us awSaSq W Wu•p puma w-step out as,owd Awsaumo 04101 Wwt•p pumw S41 Aq 6W WM us 011110MO Molt pug•6.6taW puma OW ps,/nc om 40 A:sO d S r4:ld oatnsut lsawlW a s/el"u•p•,maoe Wewtp0 MOM slap 041 IS A Aatpd p•Iet)If JOWsa lumwwl*OSAMU 04101 unaug 00 sp,QOw:s W1W oW A4 ummo4s IOU pus Aumic:)O41 o1 utAoug law IW 'luawlep pS.nsw S O Alto$pau6e,a powm"pu•µm'polean I*) userW,•4p,o 1w!gp Sus•p•lsaumrWunOw'q,1m!{"sp•1ap '� AOtpd p aleo W Spud*!,a!/gna sW W IU , 11146u 431111100 00O/I20 041 t0.Ottau 9s8n111 wA,Oa 0*40110 101146u MMOWWGAOb q WwlOP lwunliap 14600N V 60n9n6eu l4ti•dwu0Ao6,0 saueutp,o'tap 4ant Ala p ualeput Aw to~esa io Vu'q SW p Sass 10 suotgwawtp eW uq uotlonpu a ut d!4uowaa .r UO.letedit a 6uti,gt4o,d,O'pup 641 MO pope,•H480j•4,o Atoll lueWttO,duM full to u011eOg,o tuptusWtp i•loe,•40 o41 6utt•In6u,o'pug•W p IY•WAahN .Ga"AOwgOM O=&416w41414a,O106Wleln6•„O6WlOt,tea,("a,"w4U06uWOi pus 6ulpltnq aspos#w4 tau 11q 6utptpOu!)uotiein6u letuaY/Wsna6/0 a9u•Wpa'Asq Aar .l 3DVV3Ao0 MONd sNolsm=3 jo 31na3Hos (OL-Lt-Ot a3aN3WV)3DVa3AOO t iMMOstt 1N3W3SaoaN3'V'1.111 HIM 016t-AO11Od NV01 NOiIVIOOSSV 31111aNV1 NVOIII3WV *V R-86-93 (Meeting 86-26 October 22, 1986 11C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT October 2, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Zand and Kamangar Additions to Thornewood Open Space Preserve Recommendation: I recommend that you adopt the following resolutions: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Exchange Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Lands of Zand) . 2. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Lands of Kamangar) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the properties as additions to the Thornewood Open Space Preserve, and indicate your intention to withhold the property interests from dedication as open space at this time. Introduction: The Midpeninsula Regional Open Space District currently has the opportunity to purchase 12.5 acres of land and three water reserves (Parcel One) located between La Honda Road (Highway 84) and the Thornewood Open Space Preserve. Contingent upon the acquisition of Parcel One is a second acquisition of 60 acres (Parcel Two) located adjacent to Highway 84 and Wunderlich Park. Approximately 10 acres of Parcel Two would be retained in the form of an open space easement, while the underlying fee and the remainder of Parcel Two would be exchanged for Parcel One (see attached map) . A. Description of the Site The following site description focuses on the property interests to be retained by the District, namely, all of Parcel One (including the three water reserves) and the open space easement over a portion of Parcel Two. R-86-93 Page two 1. Size, Location and Boundaries a. Parcel One Parcel One is 12.5 acres in size and is located within the Town of Woodside. The property lies between La Honda Road at the western corner and Espinosa Road at the eastern corner. The Thornewood open Space Preserve bounds the parcel to the east, and private holdings border the property on the remain- ing sides . Two of the water reserves, consisting of two seasonal creeks, are located along the northeastern and southern boundaries of the subject property. The northeastern water reserve is sandwiched between the subject property and , the Thornewood open Space Preserve; the southern water reserve also borders the subject property extending up to La Honda Road. A third water reserve forks from the southern water reserve continuing up to Grandview Drive. The water reserves vary in width from approximately 25 feet to 60 feet. These "water reserves" are fee-owned strips following the courses of creeks and drainage swales which were retained by the original developer as possible water sources. All of these water reserves along with the remaining lots held by the original developer were acquired by August Schilling and eventually resold to the current owners, including Zand. b. Parcel Two Parcel Two, 60 acres in size, is within the Town of Woodside and approximately 200 feet north of the Thornewood Open Space Preserve. The portion of Parcel Two to be subject to an open space easement (10 acres) is bounded on three sides by La Honda Road; to the northwest, southwest, and southeast. The north- eastern border of the easement area is bounded by private property and the remainder of Parcel Two. Wunderlich County Park is located adjacent to the easement area along the north- western boundary. 2. Topography, Geology and Natural Landscape Parcel One Parcel One is located on east-facing slopes above Schilling Lake. Elevations range from 900 feet at the southeastern corner to 1240 feet next to La Honda Road at the northwestern border of the property. The property is primarily covered in redwood forest with the exception of a cleared swath of land extending north- westerly uphill from the southeastern corner. Two level pads are located within this cleared area and vinca, an ornamental groundcover, has taken over the sunny hillside. The Pilarcitos Fault cuts through Parcel One in a northeasterly to southwesterly direction. The Pilarcitos Fault roughly parallels the San Andreas Fault, which is located approximately one mile east of the property. The soil on the property arises from a Lambert Shale parent material and is given a moderate susceptibility to landsliding according to the 1978 map "Landslide Susceptibility in San Mateo County" by Brabb, Pam peyan, and Bonilla. A-86-93 Page three Parcel Two Parcel Two is comprised of northeasterly facingmoderately steep slopes. The portion of Parcel Two to be sujbect to the open space easement consists of the steep side slopes of Alambique Creek. The creek canyon is vegetated with a relatively pure stand of redwood trees, with the redwoods giving way to an oak-madrone forest as the shady canyon opens up in the northern part of the easement area. Parcel Two soils arise from butano sandstone parent material and have a moderate landslide susceptibility according to the "Land- slide Susceptibility in San Mateo County" map. The property lies between the San Andreas Fault and the Pilarcitos Fault with each fault being located approximately one-half-mile away. 3. Cultural History The area surrounding Dennis Martin Creek was logged in the late 1800' s. Martin had one sawmill next to Schilling Lake and another near the bottom of Dennis Martin Creek. Old La Honda Road was in place by 1868, a part of 12,545 acre Rancho Canada de Raymundo. In the early 1900 ' s Parcel One was a part of the large Schilling estate (of Schilling Spice Company) . The Schilling house was located on Old La Honda Road, and the outlying hills were covered with carriage roads, gazebos, and elaborate handbuilt ponds and waterfall systems. The foundation to one of the gazebos and the remains of one of the carriage roads are located on the subject property. B. Planning Considerations Both parcels are located within the Town of Woodside in San Mateo County. Parcel One is considered a part of the "Woodside Country Club - Portola Hills Area" in the Woodside General Plan. This area is characterized by problems of access, poor water supply, and slope instability. Most of the area was subdivided prior to 1920 , and the road and lot patterns present many problems. Most of the subdivision roads in this area are considered private. Parcel One is zoned Open Space (OS) by the Town of Woodside, requiring a minimum of ten acres per building site. Acquisition of this property for open space purposes is consistent with the Town' s General Plan. The parcel received a moderate rating on the District's Master Plan, a composite rating indicating the suitability of land as open space. C. Current Use and Development Both parcels are undeveloped. Parcel One, as mentioned previously, does have a round, concrete gazebo foundation on one of the two large flattened areas. A road, asphalt-covered in places, forks from the end of Espinosa Road and winds up the hill to the gazebo foundation. The road continues uphill to terminate at the second flattened area. R-86-93 Page four The northern water reserve is developed with springboxes and water pipes which serve the life interest and leasehold area within the Thornewood Open Space Preserve. Several foot trails are located within the water reserve area. D. Potential Use and Development The Woodside Trails Plan (1975) shows proposed hiking/equestrian trails on both of the water reserves of Parcel One. Both of these proposed trail alignments affect adjacent private property but show connections between the existing Thornewood Open Space Preserve and Old La Honda Road and cross La Honda Road to continue to Skyline Boulevard. The easement area on Parcel Two will be kept in its natural state to help protect the integrity of Alambique Creek. E. Interim Use and Management Recommendations 1. Boundary plaques will be installed where appropriate. F. Dedication Parcel One and the open space easement on Parcel Two should be with- held from dedication at this time as public open space land, to allow for the potential sale or trade of land or trail rights in the entire Schilling Lake area. The dedication status of the Thornewood open Space Preserve will be reviewed in connection with the regular Use and Management Plan Review. G. Naming Both Parcel One and the easement area of Parcel Two should be named as additions to the Thornewood Open Space Preserve. H. Terms When the District acquired a previous parcel owned by Zand as an addition to the Thornewood Open Space Preserve (see report R-86-52 of July 2 , 1986) , the District entered into a side agreement to hold the funds due to Zand from that escrow (approximately $120 ,000) for the purpose of a future land exchange transaction. If it were possible for the District to secure the exchange property (Kamangar) within 180 days (the allotted time period for a delayed exchange transaction under the IRS rules) , this money (plus interest at the rate of 5% per annum) would be applied toward the difference in the purchase price between the current Zand property (Parcel one) valued at $280 ,000 and the Kamangar property (Parcel Two) valued in excess of $700 ,000. However, it was also contemplated that the entire transaction would only work if the District could acquire the Kamangar property at a bargain price of $400,000 or less, and the difference in value would be made up by Zand including the water reserves and agreeing to the District' s retention of an open space easement over the Alambique Creek area of Parcel Two. An additional component would be for Zand to quitclaim to the District his additional rights in property located below Schilling Lake along Dennis Martin Road. R-86-93 Page five The two agreements before you accomplish this exchange. The District 's monetary obligations total $280 ,000 (the value of Parcel One) plus accrued interest at the rate of 5% on the approximately $120,000 held on behalf of Zand by the District since mid-August. The District would also equally share all title and escrow fees for the entire transaction with Zand. For this payment, the Distirct would receive: 1) fee title to Parcel One (including the water reserves) , 2) an open space easement over the Alambique Creek area of the Kamangar property, and 3) a quit- claim of all of Zands' additional rights in property located between Schilling Lake and Old La Honda Road. The funds for this acquisition would come from the District 1986 Promissory Note Issue and be charged against the New Land Purchases budget category. r \•`i Portion of Parcel Two to be exchanged unencumbered- Wunderlich County Park to owner g of Parcel OneIo _ ) (38 + acres , 'r NNW S^`meµ :• ^• _ - / ///y////////////// /�///// � .. Portion of Parcel Two to d be exchanged but encumbere //////////////x/////// with an open space easements/ (10+ acres) :.✓!. '� f _� you � I r x LM•. mil_ ,.. - �� � ::>rare r��rr,�r•_ ^, �,�� - _ _ Water Reserve ,' rr 4 T, i;iorne•�-_;c r Oi>=r .Parcel One�a 12.5 acres t' Water -Reserve' f'fp,k'" t,.�,. �'.,;ma.. y�, },.,�,t,�3-.�s N-•Mt. �;; Schillingt La;<,e1� •fI � \r�r f` tV Water Reserve_ IrA o T 1 TtiORNEWOOD OPEN SPACE PRESERVE - r _ Scale 1" = 600 feet �" North RESOLUTION NO. 86-62 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO EX- CHANGE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECES- SARY OR APPROPRIATE TO CLOSING OF THE TRANS- ACTION (THORNEWOOD OPEN SPACE PRESERVE - LANDS OF ZAND) 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 Agreement to Exchange Real Property between Siavosh Marc Zand 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 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 insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $280 ,000 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Fund for this purchase. RESOLUTION NO. 86-63 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT - BARGAIN SALE, 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 (THORNEWOOD OPEN SPACE PRESERVE - LANDS OF KAMANGAR) 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 - Bargain Sale between Parviz Kamangar 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 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 $5000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. I COPIES OF ALL OTHER DOCUMENTS PERTAINING TO THE ACQUISITION ARE AVAILABLE FOR PUBLIC INSPECTION AT THE DISTRICT OFFICE. PURCHASE AGREEMENT - BARGAIN SALE This Agreement, is made and entered into by and between the UNDERSIGNED INDIVIDUALS AND ENTITIES, hereinafter called "Seller" .. and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public Distract formed .pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District," WITNESSETH WHEREAS , , Seller is the owner of certain real ro Y p pert of which a portion has natural beauty, open space and recreational value, and ecological significance, located within the Town of Woodside, San Mateo County, and being more particularly described within the body of this Agreement. WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property, by purchase, exchange, gift, or bargain pure^ase for public park, recreation, scenic and open space purposes, and WHEREAS, District desires to purchase a portion of said prop- erty for open space preservation and as part of the ecology-ical and aesthetic resources of the midpeninsula area, and purchase the remainder of said property for exchange for other regionally signifi- cant open space and recreational lands, and WHEREAS, Seller, out of its desire to promote the public social and economic welfare, and to share the natural and scenic beauty and enjoyment of the open space area of said property with the citi.-erns of the midpeninsula area and make possible the exchange of the remain- der of said property for other public open space lands, wishes to sell and convey the entirety of said property to District at a pur- chase price below its fair market value, and District wishes to pur- chase and receive said property at the advantageous px 'ce so offered. I Purchase Agreement - Bargain Sale -- Kamangar Page 2 NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located within the Town of Woodside, County of San Mateo, State of - California, containing approximately sixty (60) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Nos. 075-060-110, -140, -160 and 075-070-040 and -020r g and being more particularly described in Preliminary Title Report No. 619755, dated September 3, 1986, from Founders Title Company, attached =hereto as Exhibit "A" and by this reference 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 appurtenant or attribut- able to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ( "Purchase Price".) for the Property shall be Four Hundred Thousand and No/100 Dollars ($400,000. 00) , which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10 herein, �an .escrrow .shall be opened at Founders Title Company, 600 Atherton Street, Redwood City, CA 94064 , (415) 365-8080 , or other title company acceptable to District (here- inafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agree- ment shall be deposited with Escrow Holder to serve as escrow instruc- tions to Escrow Holder; provided that the parties shall execute such additional supplemen{: :pry or customary escrow instructions as the Escrow Holder may rea:.onably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signec, by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Purchase Agreement - Bargain Sale -- Kamangar Page 3 Escrow Holder is hereby appointed and instructed to deliver, pur- suant to the terms of this Agreement, the documents and monies to be deposited into the escrow-as herein r p ovided, with the following terms and conditions to apply to said escrow: - ririfie`�scow- for---the-curse-thereof sha14 --fie -on--or_ befo-re th4-expiration of-thirty (30) days fol-lowing executitwL!.of this Agre ement- by­both Seller- and. District; prow- €fed, however;-._that-..th.e parties -may--by written, agreement--k�:.extend- the time-f�or-Glosing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorde r of San Mateo County. The final date for Closing, including any written extensions as provided for herein, shall be on or before November 7, 1986, and thereafter, if escrow has not closed,., this Agreement shall be null and void and be of no further force and effect as against the parties hereto. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, in the form attached hereto as Exhibit "B" and incorporated herein by this reference, covering the Property as described i - said Exhibit "A" . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing: (ii) District's check payable to Escrow Holder in the amount of Four Hundred Thousand and No/100 Dollars ($400,000 . 00) . { Purchase Agreement - Bargain Sale -- Kamangar Page 4 (e) District shall pay, for the escrow -fees, the .ALTA Stan dard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated _ between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be pro- rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. M Seller shall cause Founders Title Company, or other title company acceptable to District, to be prepared and committed to deliver to District standard coverage ALTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $400, 000. 00 for the Property showing title to the Prop- erty vested in fee simple in District, subject only to; (i) current real property taxes; (ii) the listed exceptions 8-12 and 14-23 .as set forth in sa _d Preliminary Title Report attached hereto as Exhibit "A"; (iii) those additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affor�_ing Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon Dis- trict' s direction, return to the parties depositing t'-.e same, all monies and documents theretofore delivered to Escrow Holde�.- or; (ii) to close the escrow and consummate the purchase of the Property. Purchase Agreement - Bargain Sale -- Kamangar Page 5 (g) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled cause the Grant Deed and attendant Certificate of Acceptance to be recorded - in the Office of the County Recorder of San Mateo County. Upon the Closing., Escrow Holder shall cause to be deliv ered ered to District ct the original of the policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for an son all Y reason, parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be ;;ointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each -arty expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5. 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. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs ; liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such i Purchase Agreement - Bargain Sale -- Kamangar Page. 6 lease or rental agreement of the Property being acquired by District, including but not limited to claims for relocation benefits and/or payments pursuant to California Government Code Se _coon 7260 et seer. , . Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deedtsj . 6: Seller's Representations and Warranties. For the purpose of consummating the. sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller suf- ficient to convex to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property, and the interests therein to be conveyed to District hereunder, .-ree and clear of all liens and encumbrances of any type whatsoever and free- and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any Purchase Agreement - Bargain Sale -- Xamangar page 7 third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7.. Waiver of Statutory Compensation/Bargain Sale. . Seller and District 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 Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , and following. Further, it is acknowl- edged by District 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 price being paid to District and the Property's fair market value is being donated to District as part of this trans- action. Seller hereby waives any and all existing 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 any cor- responding California Government Code Sections. In evidence of such Bargain Sale, District shall execute and submit into escrow Internal Revenue Service Form 8283, as appropriate. 8. Purpose of Acquisition and Conditions Precedert. It is understood by the par_ies hereto that District is acquiring the Subject Property, as described in Exhibit "A, " for scenic preser- vation of that certain portion of the Subject Property commonly known as San Mateo County Assessor's Parcel 075-060-140 (14.9'= acres) , and to that end, it is the intention of District to resell all of the Subject property, while reserving a Conservation Easement over said 14.'99 acre portion, to S. Marc Zand in exchange for his real property commonly known as San Mateo County Assessor's Parcels 075-112-020, -040 and -050, and completion of acquisition of the Subject Property as provided herein is conditioned upon this proposed Purchase Agreement - Bargain Sale -- Kamangar page 8 exchange of lands. In the event this purchase is consummated, Dis- trict may, at its sole discretion, choose to sell, trade or other- wise dispose of said Subject Property being acquired from Seller, and in this regard District shall refrain from dedicating said "Subject _ Property" as public open space lands. 9. Miscellaneous Provisions. 9. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 9. 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judg- ment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 9. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Aly party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party cont : ned in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants con- tained in this Agreement or the performance of any obligations of Purchase Agreement - Bargain Sale -- Kamangar Page 9 the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. _ 9. 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or .par- tial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 9. O5 Notices. All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may . desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by service personal P vice or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows: Seller: Parvi2 Kamangar c/o Parnas Corporation 2055 Woodside Road Suite 201 Redwood City, CA 94061 (415) 368-8899 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Purchase Agreement - Bargain Sale -- Kamangar Page 10 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliiv- ery as shown by the addressee's registry or certification receipt or - at the expiration of the third (3rd) business day after the date of mailin g, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of *written notice as provided in this Section. 9:D6 Severability. If any of the provisions of this Agree- ment are held to be void or unenforceable by or as a result of a deter- mination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remain-1-.ng portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the ewtent Possible, the economic, business and other purposes of the void or unenforceable provisions. 9.07 Counterparts. This Agreement may be executed in sepa- rate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. i Purchase Agreement - Bargain Sale -- Kamangar Page 11 9. 08 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one- or more instances, shall be deemed'.to be, or be construed as, .a fur ther or continuing waiver of any such term, provision or condition _ or as a waiver of any other term, provision or condition of this Agreement. 9. 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspond- ence, conversations, negotiations, agreements or understandings relating to the same subject matter. 9. 10 Time of Essence. Time is of the essence of each pro- vision of this Agreement in which time is an element. 9.11Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 9 . 12 Assignment. Except as expressly permitted herein, neither party to this Agr:�ement shall assign its rights or obliga- tions under this Agreement to ar• third party without the prior written approval of the other party. • I Purchase Agreement - Bargain Sale -- Kamangar Page 12 9. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and . perform such other acts as may be reasonably necessary or appro- priate to consummate and carry into effect the transactions described and contemplated under this Agreement. 9.14 Binding on Successors and Assictns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 9. 15 Captions. Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for in terpretation ,er ret ati fl n O m p r construction of this Agree- ment , nor as f evi dence ence of the intention of the parties hereto. 9. 16 Pronoun Reference-: . In this Agreement,, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any render shall include all other genders as appropriate. 9.17 Broker's commission. Each party agrees to and does hereby indemnify and hole; the other harmless from and against any and all costs, liabilities, losses, damages, claims causes of action or proceedings whit% may result from any broker, agent or finder, licensed or otherwise, claiming through,' under or by reason of the conduct of the indemnifying party in connection with this transaction. 10. Acceptance. Provided that this Agreement is signed by Seller and returned to jistrict on or before September 22, 1986, District shall have until October 9 , 1986 to accept and execute this Agreement an during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 .00) . If Purchase Agreement - Bargain Sale -- Kamangar Page 13 this contract is not executed on behalf of District on or before October4g, 1986, this Agreement shall be null and void and District _ and Seller shall have no further obligations on this account. �l Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to. be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPFNINSULA REGIONAL OPEN SPACE =:-LLER DISTRICT APPROVED AS TO FORM: Parviz Ka angar � Date: Stanley N o ton, District Counsel ACCEPTED /FOR RECOMMENDATION: PA xS RPORATI N, a California -'� Co ratio By: L- ai Britton Parviz K manga , President Land Acquisit_on _Manager Date: s APPROVED AND ACCEPTED: President ; Board of Directors ATTEST: Dis-rict Clerk Date: 4 Y �Q'� T � y� ®®® ��}T^'' PLEASE ADDRESS ALL 41 FOP u E ny. E INQUIRES AN Si FY�L. C\O N D # i7- SAC * ��� CORRESPONDENCE TO .0 f - 17f1r1 S.F:I G—inn Rra 1, 6h.nrhnc Sr:,tn.n.__J�.r;dd-1!h.!h1h..:.y..�n.e•h r II # 1F Telrphnne: 14151 374•116,; J II.11f?L+m I:ry.C.\!r y.,1•, 'r.,.1.h•an•: 1 ii'.1 7LY:-+•,:, t * 041 Allertnn St..Rll.Btu• I""-R•d•.cm:1 City.CA Ap.q p.1 El Cooic.•C.•J. �,u1 F:mm�.f'.\ 1N/Niti} •* Te!rphone: 11131:A.:f.y.,Cr1 9'.4.gd:.rt:••"II'r1 .It I-11:.1 41 1_IIP.rte: I1 ,N-c..Burhnc:r:nr.l'A`�SnLr l:Ii7 I inde?4u C.nwr.I'e hrn.CAb4N1 } * �• * Trltghnre: 1415134.y7091 - - 2"5 .11h Stra•r.Snitr IM-rW'I City.CA W-15 1 C3 F:.IMM,h-Wed.Suu.•t'�i,i.Krrr t'1t�.1'.\'44r1 Telrphnnc:t It.,)!!4•_L^l T.I.•phr....• t llSr 3;:.:� 9-11-86 RWC-1 "B"-10 PRELIMINARY REPORT r � � Issued for the sole use of: Our Order No. 619755 ; s r Run-to-Date ' Mid Peninsula Regional Reference ' Open Space District r r Old Mill .Office Center When Replying Please Contact: # 201 San Antonio Center C135 Redwood City Office > Mountain View, CA 94040 , Attention: C. Britton r � r i Property Address: + r a a ' In response to the referenced a '' �� •' pp.ication for a policy of title insurance, Founders Title Company hereby reports that it > is prepared to issue, or cause to be issued, as of the date hereof, a Pciicy or Policies of Title Insurance 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 forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule , (continued) attached. Copies of the Policy forms should be read. They are available from the office which issued this + report. > t This report (and any supplements or a^endments hereto) is issued solely for the purpose of facilitating the issuance of a # > policy of title insurance and no liabili tv is as ' sumed hereby. If it is desired that liability be assumed prior to the issuance of a f ' policy of title insurance, a 5inder or Commitment should be requested. > Dated as of # } - Pi_em, -r 3 , 19 86 at 7:30 A.M_ + a r fQVNDERS ITLE CO ✓ NY ' * Title Officer f �t The form of policy Of title insurance contemplated by this report is: ' ' a California Land Title Association Standard Coverage Policy - 1973 , owner' s polic-�," . # The estate or interest in the land hereinafter described or referred to covered by this Report is: ' FEE AS TO PARCELS I , V AND VII ; EASEMENT AS TO PARCELS II , III , IV AND VI * Title to said estate or interest at the date hereof is vested in: PARVIZ KAMANGER, who acquired Title ; as a single man, by Deed recorded March 2 , 1979, as to Parcels I , II , III * > and IV and by Deed recorded July 5, 1979 , as to Parcels V and VI � t t ' Page _of 14 Pages PTG 10.i3A,pEv 7.1,83) 'fi)6IT* + * • + + pane • � Y * f t•t ar tr r 1r # tR * ♦ * * * # # dr wr * * v► * i # * ilr A' * # # #' * * # # * � #*t - * ORDER NO. 619755 Run-to-Date « y i y. f * The lano referred to in this Report is situated in the State of California,County of San Mateo ;* and is described as follows: * Town of Woodside s > * See BX$IBIT "A" s w > s * s . > * * s > e * * s y + * > * * > * * > * * * ' At .he ca.e hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: * s .. 1. Taxes «general and special , for the fiscal year 1984&85, a lien not yet due or payable. — — „ 2. Tax Sale to State of California, as follows: * For the fiscal year 1981&82, and subsequent delinquencies, y Amount to Redeem : $16 ,349. 50 « * Prior to : September 30, 1986 } Sale No. : 6769 * Affects portion of Parcel I. * * * * * CONTINUED. . . � * * > * * * * * * * 2 14 Pages Page of P > * # } a ♦ + a # + a # } } Y # Y # Y # # # # # # } Y Y } # # # Y # # Y } Y # } } # # } # # # # # } } } } Y # # EX H1 81� } 4 Page_ of hd*ft _ _ » •" a * . Avow . FOanOER5 TITLE COMPanY » w * ORDER NO. 619755 Run-to-Date * * 3 . Tax Sale to State of California, as follows: For the fiscal year 1981&82, and subsequent delinquencies, * * Amount to Redeem : $8 ,211.40 Prior to : September 30, 1986 * Sale No.. : 6764 » ► Affects portion of Parcel I. * * 4 . Tax Sale to State of California, as follows: * * For the fiscal year 1981&82, and subsequent delinquencies, ' Amount to Redeem : $8,211.40 Prior to : September 30, 1986 s Sale No. : 6765 Affects portion of Parcel I. » 5. Tax Sale to State of California, as follows: s For the fiscal year 1981&82, and subsequent delinquencies, * Amount to Redeem : $1 ,294.01 Prior to : September 30, 1986 Sale No. : 6768 * Affects Parcel V. ; » * i 6. Tax Sale to State of California, as follows: For the fiscal year 1981&82, and subsequent delinquencies, Amount to Redeem : $115.06 Prior to : September 30, Y' 86 Sale No. : fi763 » * Affects Parcel VII. * 7. The lien of supplemental taxes, if any , assessed pursuant to the provisions of Chapter 498 Statutes of 1983 of the State of California. » * * * r » s * CONTINUED. . . * » * Page�3 of___L4 Pages » EXHIBIT OF C-1010 » » f * » ±# #. Fo u n D E R S TITLE company ; » f ORDER NO, 619755 ; * Run-to-Date i - i » i » i 8. Easement for road purposes, over portion of the herein described property inc luded d within roads, --as shown on the Map hereinafte r men tioned i ion ea and referred to in the description. ,. i 9. Free and natural flow of the waters of the Alembique Creek, over a * portion of the herein cescribed property as shown upon the recorded Map. i * 10 . Possible easements for all water pipes to convey water from Alembique Creek to neighboring lands, as disclosed by various matters of • record, 11 . Reservations as reserved in the Deed executed by James Athearn » Folger and Peter Folger, as Trustees of the trusts under the Will of Clara E. L. Folger, also known as Clara Eugenia Folger, Deceased, and Sarah Evelyn Donohoe, James Athearn Folger and Peter Folger, to Oretta D. Carlson, a widow, recorded August 23, 1951 in Book 2118, at Page 459, » Official Records. » » * » * 12 . Right of Way for Public Utilities and incidental purposes, as » contained in the Deed executed by Edith Parks Cunningham, as Guardian of • * The Estate of Wesley Parks Cunningham, also known as Parks John Cunningham, and Parks Cunningham, an incompetent P person, to Oretta D. Carlson, recorded August 23, 1951 , in Book 2118, at Page Records. 464 , Official * * . � pe•ra� state3c'"`tres in and incidental purposes as provided in the following: Instrument Deed * Granted to : Pacific Gas and is Company and The Pacific Telephone and Telegraph Company, nia corporations For : Public Utilities Recorded : January 18, 1955, in Book 2724, at Page * Official Records '"�•..,,, » » * i » i CONTItiUED. . . * * * » * * » i » * * } Page 4 of 14 Pages » EXHIBIT ' page oTwil * * ' . Aw . FOUDDERS TITLE COMPGnY R • ' ORDER NO. 619755 , Run-to-Date * * * ► 14. A Waiver. of Claims for damages, as contained in the Deed executed by Richard M. Carlson, a married man and Oretta D. Carlson, a widow to the * State of California recorded 'July 14, 1955, in Book 2837, at Page 128, Official Records. * Affects Parcel I. *, *. 15. Easement for Public Utilities, together with the right *of ingress and egress thereto, as contained in the Deed executed by San Mateo County Title Company, a corporation, Herbert T. Ellis and Merelyn Ellis, * his wife, Richard M. Carlson and Venis Carlson, his wife, to Kay K. * Strauss and Berdine H ► Str auss, ss his wife , as Joint* August 19, 1955, in Book 2860 , at Page 744,� Offic al Records. recorded * * * * Affects Parcel I. * * * 16. Easement for Public Utilities, together with the right of ingress and egress thereto, as contained in the Deed executed by San Mateo . * County Title Company, a corporation, to Kay K. Strauss and Berdine H. * Strauss, his wife, recorded September 26, 1955, in Book 2882, at Page 456, Official Records. * * r Affects Parcel I. * 17. Easement for Public Utilities and incidental purposes, as contained " * in the Deed executed by San Mateo County Title Company, a corporation, * to Richard M. Carlson an 1955, in Book 2917, at Pagee712,COfficialhRecords,is wife recorded November 17, * Affects Parcel I. * * 18 . Easement for utilities , together with the right of ingress and egress thereto, as contained in the Deed executed by Oretta D. Carlson a "widow and Richard M. Carlson, her son, to Richard H. Tayior and Alice * Jean Taylor, his wife, recorded May 8, 1956, in Book 3020, at Page 192,. * Official Records. * * * * Affects Parcel I . * * * 19 . Easement for Public Utilities, together_ with the right of s.ngress and egress thereto, as contained in the Deed executed by Oretta D. * Carlson, a widow, to Richard M. Carlson and Venis Carlson, his wife, as + 4 Joint Tenants, recorded November 17 , 1959, in Book 3706, at Page 748, * Official Records. * * * Affects Parcel I. * * * t CONTINUED. * * * * Paged_of-14Par R EXHIBIT OF'C-I030 r ' y FOunDERS TITLE COMP(InY ' ORDER No. 619755 ' Run-to-Date 20. Easement for Public Utilities and incidental purposes, together with ' the right of ingress and egress thereto, as contained in the need executed by San Mateo County Title Company, a corporation, to Pacific Gas and Electric Company, a California corporation, recorded March 26' ' 1961 , in Book 3952, at Page 745, Official Records. : s Affects Parcel I. ' i * i * i 21 . Easement for Public Utilities and incidental purposes, as contained " in the Deed executed by San Mateo County Title Company, a corporation, + * to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, California corporations, recorded March 29, 1961, in i Book 3958, at Page 44, Official Records. i s * Affects Parcel I. i * 22. Easement for ingress and egress, as contained in the Deed f executed 'by Oretta D. Carlson, a widow, to Richard M. Carlson and Venis Carlson, his :wife, as Joint Tenants, recorded February 27, 1964, in Book 4655, at Pace 284 , Official Records. * f ' 23 . A perpetual and assignable easement and right of way 100 feet in 's wict:z for the location, construction and operation of electric trans- Miasion lines consisting of one or more lines of poles and towers over a ;portion of said land , as taken by United States of America in the y Declaration of Taking , recorded May 6 , 1964 , Book 4705 , Page 262 , * Official Records. ' * t Said Declaration has been amended by instrument recorded October 13, } 1965, in Book 5043, Page 387, Official Records. ' Affects Parcels I and VI. » * ' 24 . Deed of Trust to secure an indebtedness of the amount stated below * and any other amounts payable under the terms thereof, } �aount : $143 ,000 .00 trus=or/Borrower : Robert L. Gray and Maureen S. Gray, his wife } 1 ussee : Transamerica Title Insurance Company, a California corporation B--e=iciary/Lender : Oretta D. Carlson, a widow Dated : July 18 , 1967 • ?-corded : July 24, 1967, in Book 5339, at Page 318, Official Records ' Loan No. Not shown -L-urned to Address . Not shown * * iC'i-7,?%1UED. * * Page 6 of 1 4 Pages * ' EXHIBIT QfC—.;•s,) V + + + + • Y Y Y Y Y + # Y + Y Y # Y Y Y + Y Y + Y Y ♦ Y Y Y t ♦ ♦ ♦ � � Y Y �► Y + ♦ Y + -- �► Y Y Y Y Y Y Y � * Y • Y Y Y ♦ Y.Y � Y Y.� � {� C Y FOUnDERS TITLE COMP(Iny ' ORDER NO. 619755 » ' Run-to-Date 25. Any Interest of the spouse of Parviz Kamangar and the Requirement ' that said spouse join in the execution of any and all Documents * affecting said land. * 26. A Resolution of the Board of Directors of Parnas . Corporation, a corporation, must be submitted, authorizing execution and delivery of * the Deed to the Vestee herein, recorded March 2, 1979, in Reel 7826, at Image 951, Official Records. » » 4 » * * * » » * 4 * » » » * * * 4 » * » * 4 » * » » » » » * * * 4 » * » 4, » 4 » 4 » * * » » 4 4 4 � 4 NOTE: According to the Public Records: : there have been no Deeds convey- ing the property described in this Report record,-] within a period of 4 six months prior to the . date hereof except as follows: NONE F;IA/tk-5 FTC-2 4 » » • 4 4 * 4 * 4 4 4 * * 4 4 4 » » * Page 7 of 14 Pages + + + + + + + + + + + + Y Y + + + + + ♦ ♦ ♦ # i ♦ Y Y ! Y Y Y Y Y Y ♦ Y Y Y '♦ ♦ ♦ Y Y Y Y Y Y Y +1t Y Y Y Y Y +p��Y Y Yg�Y Y Y ♦ Y aFc-1010 •Qr 66fi * * , » r + » FOUDDERS Ti?LE COMPQnY ' ORDER No. 619755 Run-to-Date * » ' EXHIBIT "A" ' s DA E » » All that certain real property sit i F situate P in Y the Town of Woodside, County. } f o San Mateo, State of California* , and beinga » for�werl of the Folger Es portion of the property * Y g Estate, lying part ly within Y 9 P Y in the boundary of the } rancho El Corte Madera and partly within *the e bo undary ound ar o f the Ranch Canada de Raymundo, and being more particularly described as follows * BEGI'_3?�IING at the most Easterly corner of that certain 86 acre tract of * land described in the Deed from James Athearn Folger and Peter Folger, i as trustees to Oretta D. Carlson, a widow, dated June 19 , 1951 and * recorded August 23, 1951 in Book 2118 of Official Records at Page 459 (F-ile No. 55650-J) , Records of San Mateo County, California; running ' thence from said point of beginning, along the Northeasterly boundary of said 86 acre tract, North 35' 09 ' 10" West 349.02 feet, North 300 16' 10' West 244 .21 feet, North 38° 41 ' 10" West 456.28 feet to the South- easterly line of lands conveyed to Richard M. Carlson, et ux, by Deed recorded June 29, 1954 in Book 2607 of Official Records at Page 401 ' (File No. 67101-L) , Records of San Mateo County, California; thence . } along the Southeasterly boundary of said last mentioned parcel , South * 46' 30' 20" West 33.45 feet and South 61* 24 ' 30" West 80.30 feet to the Southerly corner of lands conveyed to Richard M. Carlson, et ux, by Deed - recorded November 17, 1955 in Book 2917 of Official Records at Page 712, * ' Records of San Mateo County, California; thence along the Southwesterly * ' boundary thereof North 55* 42 ' 30" We�;t 206.81 feet; thence North 8* 50 ' » East 164.00 feet and North 21* 06 ' 50" West 9.56 feet to the Southerly line of lands described in the Deed to San Mateo County Title Company, a corporation, recorded May 26, 1954 in Book 2588 of Official Records at * Page 612, Records of San Mateo County, California; thence along the general Southwesterly boundary of said last mentioned parcel, South 73* * 1.5 ' hest 50.14 feet, North 35* 50 ' West 255.98 feet, North 810 45 ' West 262 .00 feet and North 14* 57 ' 50" West 85.00 feet to the Southerly line * of lands conveyed to Edward William Schlies, et ux, by Deed recorded • June 6, 1952 in .Book 2250 of Official Records at Page 443 (File No. = 8746-K ) , Records of San Mateo County, California ; thence along the Southerly boundary of said last mentioned lands, South 600 33 ' 10" West ' 465 .35 feet to a �toint in 'said boundary; thence North 75° 10 ' 50" West 93.91 feet, North. 820 01 ' West 162. 11 feet, Nfor"i 73* 28 ' West 75.41 ==et, and- North 411 West 53 feet , more or to the Southeasterly boundary of California State Highway No. 107, is �c.mer known as La Honda ; Co°inty Road, Route 6, Division 2; thence in general Southwesterly direction following the Sout heasterly r e 1 b ou d n ar 0 Y � f said last mentioned * ' hichway, for a distance of 2100 feet more* - or 1 e to the Northeasterly * DESCRIPTION CONTINUED. _ * * ' Page 8 of 14 Pages EXPHIBIT 4 * » + . a s a a . a s r ,r, r + r y . + • • + + +f ♦ ♦ + ♦ s + • i ♦ • + �, + + • + s � + + + + + + + + + + • + + � + +��,1s+ + +�� +� � + O}C-lip=•} ■ G K. # .f ii•# •Y• + � • # .f fi'* x # .* # # .f # #• i # #. # # # # ♦ # # # # f• #•� / ♦ * +M � • � ♦ # � # # * + i � � +1 iF• * • a # >•; 4*� � a ',. * FOU!IDERS TITLE COMP011Y » * " ORDER NO. 619755 » » Run-to-Date » » * » PARCEL I CONTINUED. » » » » line of that certain 0.080 of an acre parcel described in the Deed to * the State of California, recorded July 14, 1955 in Book 2837 Of Official »Records at Page 128 (File No. 68336-M) , Records of San Mateo County, » California; thence along said Northeasterly line (using Division of Highway bearing) , South 50° 25' 15" East 67. 59 feet to the Northwesterly * • * line of said State Highway No. 107; thence along the general North- westerly, Northerly and Northeasterly. line of said Highway, 3000Nfeet, more or less, to the Northwesterly line of lands described in the Deed » to Robert A. Grimm, et ux , recorded April 1 , 1954 in Book 2560 of * Official Records at Page 536 9 (File No. 46767-L) , Records of San Mateo County, California; thence along the Northwesterly line of said last * mentioned parcel, North 230 52' 40" East 400 feet, more or less, to the most Northerly corner thereof; thence continuing along the Northeasterly line of said parcel, South 68° 37' 30" East 553. 24 feet and South 37° • 23 ' 10" East 201 . 16 feet to the Southeasterly boundary of the 86 acre "tract hereinabove first mentioned ; thence along said Southeasterly boundary, North 50° 02' East 888 .64 feet to the point of beginning. ' EXCEPTING , HOWEVER, from said above described parcel , all lands or interest in lands conveyed by the following: (a) Deed from San Mateo County Title Company to Kay K. Strauss and » Berdine H. Strauss, his wife, as Joint Tenants, dated August 19 , 1955 and recorded August 19 , 1955 in Book 2860 of Official Records ,t Page » 742 (File No. 78997-M) , Records of San Mateo County, California. * * (b) Deed from Oretta D. Carlson and Richard M . Carlson to Richard H. Taylor and Alice Jean Taylor, his wife , ., dated May 4, 1956 and recorded * May 8 , 1956 in Book 3020 of Official Record, at Page 192 ( File No. 52233-N) , Records of San Mateo County, Califorr� a.* * (c) Deed from Oretta * a D. Carlson to State of California, dated July 7, » 1961 and recorded August 2, 1961 in Book 4028 of Official Records at Page 657 (File No. 81518-T) , Records of ,San Mateo County, California. '► (d ) Deed from Oretta D. Carlson to Richard M. Carlson and Venis Carlson , his wife , as Joint Tenants , dated February 25, 1964 and • recorded February 27, 1964 in Book 4'55 of Official Records at Page 284 ( File No. 93964-W) , Records of San Mateo County, California. ► DESCRIPTION CONTINUED. » * » » * * * * * * ' Page 9 of 14 Pages OF-C-1040 AMW 0 FOUnDERS TITLE Co1Y P011Y * * } * ORDER NO. 619755 * Run-to-Date * PARCrL I CONTINUED. y (e) Also excepting therefrom . that certain parcel of land described as follows: ' BZGINNING at a point which bears South 89" 00' West 30. 44 feet South 8* 43' 10" West 209. 22 feet and South 21 " 06' 50" East 364.22 feet from a * concrete monument in the Northerly line of said Rancho marking the ; !:orth-.:esterly corner of that certain 5.60 acre tract shown on record of ' sur7ey map filed in the office of the Recorder of San Mateo County on Octoh�er 23, 1950 in Book 2 of Licensed Land Surveyors' naps at Page 99, * said point of beginning being the most Westerly corner of land described w * in Deed from Oretta D. Carlson et al to Richard M. Carlson and wife, t dated June 28 , 1954 and recorded June 29 , 1954 in Book 2607 at Page 401 , ; } Official Records of San Mateo County ( 67101 L) ; thence from said point " of beginning North 73" 15' East 50. 14 feet to the Southwesterly line of land described in Deed from Herbert T. Ellis and wife to Kay K. Strauss and wife, dated and recorded August 19 , 1955 in Book 2860 at Page 740, Official Records (78996 M) ; thence along said Southwesterly line South ; 23 " Co' 50" East 9 .56 feet to an angle point in said line; thence South » ao SC' West 63.96 feet to a point in the Southwesterly line of lands y described in Deed to Richard M . Carlson and wife before mentioned ; ' thence North 35" 50 ' West along said Southwesterly line 71 . 13 feet to the point of beginning . * ' PA.RC�L II : * * An easement for water pipe and Public Utilities over a strip of land 10 ; feet in width, lying contiguous to and measured at right angles Southeasterly from the following described line: » ' BEGINNING at a point on the Northerly line of `_he Rancho El Corte Madera, distant thereon South 89" 00' West 30.44 feet from an existing concrete monument marking the Northwest corner of that certain 5.60 acre t tract., as shown on Record of Survey Map filed in the office of the Couny Recorder of San Mateo County , State of California on October 23, 1950 in Volume 2 of Licensed Land Surveyors Maps at '. age 99, and running " `hence South 8" 43' 10" West 340 feet, more or le:�-,, to the Northerly * line of the above described parcel. * * ' DEE CONTINUED. . . * * s » Page 10 of 14 Pages » * 31T A Pa e 1A✓ ARUW .� }» FOUnDERS TITLE COMPOnY " ORDER NO. 619755 * Run-to-Date * PARCEL Ii CONTINUED. i ALSO an easement for ingress . and egress over the . following described » parcel : i - * f BEGINNIlv'G at an existing concrete monument in the Northerly line of the Rancho El Corte Madera, marking the Northwest corner of that certain '> 5 . 60 acre tract, as shown On the Record of Survey Map filed in the office of the County Recorder of San Mateo County, State of California » i on October 23, 1950 in Book 2 of Licensed Land Surveyor' s Maps. at Page 99; and running thence along the Northerly line of said Rancho, South 89° 00' West 30.44 feet; thence leaving said Northerly line, South 8° 43 ' 10" West 209 .22 feet; thence South 21 ° 06' 50" East 364.22 feet; thence North 73° 15' East 30.09 feet; thence North 21 ° 06' 50" West i 358 .50 feet; thence North 8` 43' 10" East 206.39 feet to the point of beginning. * Said easements are appurtenant to Parcel I herein and were created by reservations in Deed from Oretta D. Carlson, et al, to San Mateo County >' Title Company, a corporation, dated May 10, 1954 and recorded May 26, ' 1954 in Book 2588 of Official Records at Page 612 (File No. 59322-L) , Records of San Mateo County, California. » * ' PARCEL III : * ' An easement for ingress and egress and Public Utilities over the '> following described parcel: s » *BEGINNING at a point in the line dividing the lands of Folger and the ' lands of Hooper , which said line is also the Northerly line of the Rancho El Corte Madera, the patent of said Rancho being recorded in the ' office of the County Recorder of San Mateo County , State of California » on December 21 , 1858 in Book 1 of Patents at Page 20; said point being + distant along the Northerly line of the Rancho El Corte Madera, South » 89' 00' West 1424. 17 feet from the center of a redwood tree marking on »the ground the location of "Station 22" on the boundary of said Rancho " E1 Corte Madera; thence from said point of beginning along the Northerly » line of said Rancho El Corte Madera, South 890 West 45 feet; thence leaving said line, North 1 ° West 5 feet, more or less, to the Southerly line of the Portola Road; thence Easterly, » feet, more or less to the along said Southerly line, 45 t . point of beginning, . » Said easement is appurtenant to Parcel I and was created by Decree Quieting Title recorded May 29, 1963 in Book 4466 Of Official Records at Page 608 ( File No. 97877-V) , Records of San Mateo County, California. » } DESCRIPTION CONTINUED. . . » ' Page 11 of._ 1 4 Pages » E-KHIBI ! nFf.-I0tUg _ ' . JF ** FO U ti D E R s T!?LE company * ORDER NO. 619755 ' * Run-to-Date » » » » DESCRIPTION CONTINUED. * » * s PARCEL IV: ; * An easement for ingress, egress and Public Utilities across a strip of land 25 feet wide, as reserved in the Deed from San Mateo County Title ' Company, . a corporation to Kay K. Strauss and Berdine H. Strauss, his » wife, as Joint Tenants, dated August 19 , 1955 and recorded August 19, ,. 1955 in Book 2860 of Official Records at Page 742 ( File No. 78997-M) , ' Records of San Mateo County, California, and more particularly described as follows: * * * » BEGINNING at the most Easterly corner of the parcel described in the * above referred to Deed to Kay K. Strauss, et ux , and running thence along the exterior boundary thereof, Northwesterly along a curve to the ' right, with a radius of 35 feet, tangent to the succeeding course, an arc distance of 30.29 feet; thence North 8° 20 ' West 21 feet; thence i Northwesterly along a curve to the left, with a radius of 125 feet, an arc distance of 103.91 feet; thence North 55* 57' 50" West 102.69 feet; thence Westerly along a curve to the left, with a radius of 125 feet, an = arc distance of 69. 16 feet; thence North 87* 40' West 84.69 feet; thence * Southerly along a curve to the left, with a radius of 35 feet, an are » * distance of 85. 15 feet; thence South 47 04' 40" East 59.68 feet; thence ` Southerly along a curve to the right, with a radius of 60 feet, an arc distance of 93 . 46 feet ; thence South 47* 50 ' East 25 feet; thence Northerly along a curve to the left, with a radius of 85 feet, tangent * to the succeeding course, an arc distance of 132. 40 feet; thence North * 470 04 ' 40" West 59 . 68 feet ; thence Northerly along a� curve to the ' right, with a radius of 10 feet, an arc distance of 24.33 feet; thence ', South 87* 40' East 84 . 89 feet; thence Southeasterly along a curve to the ' right, with a radius of 100 feet, an arc distance of 55.33 feet; thence South 55" 57' 50" East 102.69 feet; thence Southeasterly along a curve » ' to the right with a radius of 100 feet, an arc distance of 83. 13 feet; ; thence South 8° 20' East 21 .00 feet; thence Southeasterly along a curve * to the left with a radius of 60 feet, an arc distance of 43.70 feet; * thence North SG° 36' 30" East 25.78 feet to the point of beginning. * Said easement was created by reservation in the above mentioned Deed to Kay K. Strauss , et ux , recorded in Book 2860 of Official Records at Page ;7..2, and is appurtenant to a 16 acre tract described in the Deed from =' Oretta D. Carlson to San Mateo County Title Company , recorded April 13, 1955 in Book 2777 of Official Records at Page 372 ( File No. 42127-M) , Records of San 11ateo County, California. * * * DESCRIPTION CONTINUED. . * * * * * * * * r * * Page 12 of 14 Pages IT Page _jL �v_ * ' # FounDERs T11'cE COMPGnY s » ORDER NO. 619755 * Run-to-Date '► DESCRIPTION CONTINUED. . PARCEL V: * * A portion of that certain 86. 0 0 acre parcel in the Rancho Corte De * * Madera, as described in the Deed from Folger to Carlson recorded August 23 , 1951 in Book 2118 at Page 459 of Official Records of San Mateo County, California, more particularly described as: * * ' BEGINNING at a point which bears North 160 20' West 136.45 feet from the ' most Northerly corner of the lands described in Deed from Oretta D. Carlson et al to Robert A. Grimm and wife, recorde d April 1 1 1 4 9S in BookP , . 2560 at Page 536 Official Records * San Ma" . Mateo Count California,:Cal iforna.a thence North 8? 31 ' East 143.48 feet; thence North 59" 00' East 78.00 * feet; thence North 80" 53 ' East 45. 00 feet; thence North 18" 26' 30" West 175 . 25 feet; thence South 79" 30 ' East 227 . 00 feet; thence Southerly on a 1525 foot radius curve to the right from a tangent bearing South 11 " 03' East, through a central angle of 6" 46' an arc g. distance of 180. 10 feet to the paint of beginning. f * PARCEL VI : s * * TOGETHER WITH an easement for ingress, egress and utilities, within a • strip of land 35 feet wide lying contiguous to and Westerly of the Westerly line of the above described lands and within a strip of land 20 feet wide, the center line of which begins at a paint distant South 85" " 43 ' West 25.00 feet from the Southwesterly corner of the above described * lands and runs thence Southerly on a 1500 foot radius curve to the right, from a tangent which bears South 4" 07' East, through a central * angle of 7" 28' 22" an arc distance of 200 feet and compounding to the right, Southwesterly and Westerly on a 100 foot radius cury to the * right, an arc distance of 192 feet, more or less, to the Easterly line of the public road known as La Honda Road , and the terminus of said »' easement. * * ' Said easement is appurtenant to Parcel I above and was created by that • certain Deed recorded May 8, 1956 in Book. 3020 of Official Records at Page 192 (File No. 52233-N) Records of San Mateo County , California. * * * * DESCRIPTION CONTINUED. . * * * * * * s * x * s r * * * page 13 of 14 Pages * * * E IT + # # # # # # + # # # # # # # # # # # # # # # . • # # s # r # # • # # # # # # # s # # # # # # # # r # # # # # ♦ # # # # #� # # nF('-1010 raga11 r r •♦ *# 7F i FO u n D E R S TITLE COMPUnY ' .Jr . ORDER NO. 619755 Run-to-Date DESCRIPTION CONTINUED. s * * A non- elusive easement for ingress, egress and Public Utilities within � *. a portio f the Rancho El Corte Madera, more particularly described as: * BEGINNING at a int which bears South 89* 00' West 30.44 feet, South 8* 43 ' 10" West 209. feet and South 21 * 06' 50" East 364.22 feet from a ' concrete monument i the Northerly line of said Rancho marking the Northwesterly corner of at certain 5.60 acre tract shown on record of ' survey Map filed in the or. ' ce of the Recorder of San Mateo County on October 23, 1950 in Book 2 of 'censed Land Surveyors' Maps at Page 99, ' said point of beginning being the st Westerly corner of land described in Deed from Oretta D. Carlson et Richard M. Carlson and wife, dated June 28 , 1954 and recorded June 2 1954 in Book 2607 at Page 401to , * Official Records of San Mateo County (6 , L) ; thence from said point of beginning North 73° 15' East 50. 14 feet to he Southwesterly line of * land described in Dead from Herbert T. Ellis an ife to Kay K. Strauss and wife, dated and recorded August 19 , 1955 in Bo 2860 at Page 740, Official Records (78996 m) ; thence along said Southwe erly line South 21 ° 06' 50" East 9.56 feet to an angle point in said lin thence South + * 8Q 50' West 63.96 feet to a point in the Southwesterly li of lands described in Deed to Richard M . Carlson and wife before me. ioned ; thence North 35° 50 ' West along said Southwesterly line 71 . 13 fe to * * * * ' A.P.N. 075-060-110 w J.P.N. 75-06-060-11 * 075-060-140 75-06-060-14 075-060-160 75-06-060-16 * 075-070-040 75-07-070- 4 w ' 075-070-020 75-07-070- 2 w * R/W 75-06-060- 3 ' R/W 75-06-060- 6 * R/W 75-06-060-12 * * * * * * * } * * * * * * * * * * * * * * * * * * * * * Page 14 of 14 Paces * EXHIBIT ♦ ♦ # # # # ♦ ♦ # of C-1010 SCHEDULE 1 • C.,..rFURNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1973 SCHEDULE 8 This policy does not insure against foss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following: Part t 1. T ases or assessments which are not shown as existing '.7. Any law,ordinance or cover nmental regulation (including I.ens by the records of any taxing authority that levies taxes or but not hrnited to building and zurling ordinances)restricting or a_sessments on real property or by the pubic records. regulating or prohibiting the occupancy, use or enjoyment of Proceedings by a public agency which -say result in taxes the land,or regulating the character,dimensions or location of or assessments, or notices of such proceedings. whether or any improvement now or hereafter erected on the land, or not shown by the records of such agency cr by the public prohibiting a separation in o..nership or a change in the records• dimensions or area of thy land or any parcel of whtch the land is 2. Any :acts. rights,interests or claims:•:hick are rot shown or .:as a laar+, wl%ether Or not _►;—.vn by the public records at Z.4 the oublic records but which could be ascertained by an Date of Policy, or the effect Of any violation of any such law, irspection of terse land or, by making inquiry of persons in ordinance or governmenta! rentilation, whether or not shown ;ossession thereof. by the public records at Date of Policy. 3. Easements, liens or encumbrances, or claims thereof, S. Flights of eminent domain or governmental tights of police arnch are not shown by the pubic records. power unless notice of the exerc::.e of such rights appears in the 4 Discrepancies. conflicts in boundary tines, shortage in public records. area,encrOacnmews,or any other facts vihich a correct survey S Defec!s, liens, cncumbranc-ns. adverse claims. or Other .%ou;c ciscto5e, and which are not shown by the public matters (a) whether or not shov:n by the public records at date records. of policy. but created, cased.suffered.assumed or a::reed to 5. (a) Unpatented mining claims; (b) reservations or by the Insured claimant; (b) not shown by tr.e pubhc :ecords exceptions in patents or in Avs au:horrz.r,.g the issuance ono not otherwise exctudec irom coverage best known to the :nereot:(c)water rights.claims or t:tie to v:3ter,whether or not insured c:aimant eanL•r a! Dau_• of Policy or a:file cite such me matters excepted under (a). (bl. Or (c) are shown by the Cfairnant acquired an es:dtC or anierest Insured by this nol.cy or :�:Zhc records. acquired the insure�t mo.t;taC£and not d'sc;o;_d in wr.l:ng Cy 6 Any right,title,interest,estate or easement in land beyond the insured claimant to the Company prior IC t.`.? Carr such t,e Ines of the area specificaliy oescribec or re!eirecl to to insured claimant becarr•e ar:.nsu►eu r.r:reurtze:, ,c)res,,;ting in Schedule A.or in abuttinci streets.roacs,avan::?s.alleys,lanes, no loss or damage to Me iii-ur;:d ciairr-ant. id) at:ach!ng or :.a fs or Kafonvays,but nothing in this pars;rat h shall modify created subsequent jr,Bate of Pci,cy.or lel re`,:tiny :n tCss of or i:nrt the txtent to whtCh the ordinary rr-ht of an abutting damage which whould not hav,^ been sys:ained it the insured :Miner for arress to a physically open street or h:gr*way :s claimant had been a purchaser or encumbrancer for value .nsur5-- by this policy, without knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedule 3,you are not insured against loss,costs.attorneys'fees and expenses resulting from: 1. Governmental police power, and the existence or violatio n of an la w or government ent re gulation. 9 ut building and zoning ordinances and also laws and regulation, concerning: g atlon.This includes land use improvemFits on the land land division 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 cor. :•!mning 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 tha t kno wn to you. but o us on the Polio Y t not y Date unless they appeared in the public records. that result in no toss to you that first affect your title after the Policy Date - this does not limit the labor and material lien covers a in Item 8 4 Covered Title Risks 9 4. Failure to pay value for your title. 5- lacK of a right: !o any land eutsice the area specifically described and referred to to Item 3 at Sc edule A c r in streets, al �� alleys, Cr watervays that touch your land. �� iQiT '/9 "hIs exclusion Cces not limit tree access coverage in Item 5 of Cvered Title RISKS. j Pare�..�L ,-.©f,k SCHEDULE I (Continued) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM i COVERAGE (AMENDED 10.17.70) ' SCHEDULE OF EXCLUSIONS FRO M COVERAGE «'« « T ha fellc•.ving matters are expressly excluded from the coverage of this policy. « 3W - « 1. Any law, ordinance or governmentat regulation (including but not limited to building and zoning ordi- nances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land.or regulating «r the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- «' Ing a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any viola. �. „ tion 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 recor ds p a t 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 'know n wn t o the Company « the insured claimant either p Y and not shown by the public records but known to ter «at Date of Polic y y or at the date such claimant acquired an estate or interest + Insured by this policy or acquired the insure d mortgage an of disclosed « ant to the Company prior to the date in writing by the insured claim- such ins ured ed claima nt be came me an insured in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of P Iliiicy(exctept 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 « i t uction or completed a Date et e of Policy). ed � c p Y) r Unenfoc eabilit of the Y 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. « t « I - s « AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 ; (AMENDED 10-17.70) « SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any taw, ordinance or governmental regulation (including but not limited to building and zoning ordi-nances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating «30. the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any + r violation of any such law, ordinance or governmenit regulation. • 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such s r rights appear in the public records at Date of Policy. ' 3. Defects, liens,encumbrances,adverse claims,or•othnr matters(a)created,suffered,assumed or agreed to 49 by the insured claimant; (b) not known to the Comp<'wvj and not shown by the public records but known to «3 the insured claimant either at Date of Policy or at thr!date such claimant acquired an estate or interest by « ' this policy and not disclosed in writing by the insured cl dmant to the r )mpany prior to the date such i insured claimant became an insured hereunder;(c)resulting in no loss or c Image to the insured claimant; « (d)attaching or created subsequent to Date of Policy;(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. + i � k r � i # i �• ,M r y i A ",I as ♦ • • • • + saa : as ♦ • ♦ ♦ s • ira + ► • • ♦ • • 1 ♦ aa ♦ s EXHIBIT � I r 'r rs arrr CH!:) : a o � U i- 't;; i � a IV I kt Zb nr •l iT s � t ` - page of WH6ti RECORDED MAIL.TO Nlidpeninsula Regional Open Space District + OLD}11LL OFFICE CE.`TER.BUILDING C.SUITE 135 201 SAN A•%-rOX10 CIRCLE,MOUNTAIN VIEW.CA 940* L L. Craig Britton J �— SPACE ABOVE THIS LINE FOR RECORDER'S USE ------.—.... _ DULY RECORDED WITHOUT FEE PURSUANZ TO GOVERNMENT CODE NO TRANSFER TAX DUE SECTION 27383 PUBLIC AGENCY ACQUIRING TITLE, BY. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 7 _ Grant Deed t . ' FOR A VALUABLE CONSIDERATION, PARVIZ PARKAS CORPORATION, a California CorporationA ' a singe man and � hereby GRANT(S) to MIDPENINSULA REGIONAL � ONAL OPEN SPACE DISTRICT,a public district I r the following described real property in the Town Of Woodside County o ,State Of California: i Being more particularly described in Exhibit "A" as atta ched hereto and incorporated herein by this reference. ,i Da ted____ -By: � Parviz Kamangar STATE OF CALIFORNIA COUNTY OF SS. On before me;the under- PARNAS CORPORATION, a California signed, a Notary Public in and for said State,personally appeared Corporation B1't ,known tornc ^Parviz Kamangar, President to!L- the per>on whose name subscribed to the within instrument and acknowledged that executed the same. 1',1TNESS my hand and official sea-]. I Si�':att!re ' EXHIBIT � - -------- Page of Name(Typed or Printed) (This area for official notarial seal) �, AGREEMENT TO EXCHANGE REAL PROPERTY This Agreement is made and entered into effective as of the day of , 1986 by and between SIAVOSH MARC ZAND (here- inafter "land") , and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code (hereinafter "District") . RECITALS WHEREAS, Zand is the owner of certain real property�' P y ("the Property") containing approximate) 12. 491 acres any Y .. located in the Town of Woodside, County of San Mateo, State of California; being more par- ticularly described in the property description attached to the Preliminary Title Report N=.zmber 112040 , dated September 16, 1986 from Founders Title Company, said Report being attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Zand is also the owner of certain rights in real property ("the Property Interests") resulting from that certain Stipulation upon Judgment (San Mateo Superior Court Case No. 228057) , filed for record on August 22, 137/ ; and attached hereto as Exhibit "B" and incorporated :ereir by this reference; the Property Interests encum- ber that certain real property described in Exhibit "C" as attached hereto and inco_rpo_rated herein in this reference; and WHEREAS, Dis-_rict was organized as a public district to acquire real and personal property by purchase, exchange, gift or bargain sale for public park, recreation, conservation and open space purposes in the San Francisco Midpeninsula area; and WHEREAS th e Property has natu ral P Y beauty, open space and P P recreational value currently of interest to District; and Agreement to Exchange Real Property - Zand page Two WHEREAS, District is proposing to acquire certain real property ("the Exchange Property") on a bargain-sale basis, containing approximately 60 acres and located in the Town of Woodside, County of San Mateo, State of California; being more particularly described in the real property description attached to Preliminary Title Report Number 619755 , dated September 22 , 1986 from Founders Title Company; said Report being attached hereto as Exhibit "D" and incorporated herein by this reference, and WHEREAS, Zand is desirous of acquiring the Exchange Property from District, subject to an Open Space and Conservation Easement over a Portion of the Exchange Property ( "OPen Space Area") , in the form attached hereto as Exhib=t "E" and incorporated herein by this reference, and WHEREAS, Zand desires to sell and exchange the Property to District and District desires to sell and exchange the Exchange Property to Zand for the consideration and on the terms hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual prcr='ses and covenants herein contained, the parties hereto agree as fol'-ows : l • arO=e_-t" interests to be Conveyed by District. District agrees to grant and convey to Zand, and Zand agrees to receive and accept title -from District, the Exchange Property, as described in said Exhibit "D" , subject to an Open Space and Conservation Ease- ment over the Open Space Area in the form attached hereto as said. Exhibit "E" , subject to the conditions of Section 10 hereinbelow. Title and possession of the Exchange Property and the interests therein shall be conveyed and exchanged to Zand at the Closing (as hereinafter defined) , free and clear of all liens, encumbrances, easements, P Agreement to Exchange Real Property - Zan d Page Three assessments, leases (recorded or unrecorded) , restrictions, rights, covenants and conditions of record,*- except: a. Current real property taxes shall be pro-rated as of Close of Escrow. b. Title exceptions 8 through 12 and 14 through 23 as listed in the Preliminary Title Report attached hereto as said Exhibit "D" . C. The Conservation Easement over the Open Space Area in the form attached hereto as said Exhibit «E , d. Any other title exceptions or encumbrances as may be acceptable to the parties hereto. 2. Propertv Interests to be Conveyed by Zand. 2. 01 The Propertv. Zand agrees to grant and convey to District and District agrees to receive and accept title from Zand, the Property, as described in said Exhibit "A" , subject to the con- ditions of Section 10 hereinbelow. Title and possession of the Property and interests therein shall be conveyed an—, exchanged to District at the Close of Escrow, free and clear of al, liens , e7_1 brances, easements, assessments, leases (recorded or unrecorded) , restrictions, rights, covenants, and con- ditions of _acord except: a• and all taxes for the fiscal year in which escrow closes shall be prorated as of the close of escrow. b. Title exceptions 3, 4 , 5 and 6 shown in said Preliminary Title Report attached hereto as Exhibit "A" . C. Any other exceptions or encumbrances which may be accept- able to the parties hereto. Agreement to Exchange Real Property Zand Page Four 2. 02 The Property Interests . Zand agrees to quitclaim to District and District agrees to accept from Zand the Property Interests in the land described in said Exhibit feces . 3. Additional Consideration by Zand . In addition to the Prop- erty and the Property Interests being conveyed to District by Zand as stipulated in Section 2 hereinabove, Zand shall pay to District, as additional consideration, the sum of One Hundred Twenty Thousand and N01100 Dollars ($120 ,000 . 00) , payable at Close of Escrow as further provided herein, reduced by the exchange value credits and interim payments owed by District to Zand in accordance with Section 4 hereinbelow. 4. Exchange Agreements. District and Zand have previously entered into two exchange agreements under which Zand was a grantor of real properties to District in connection with delayed tax-free exchanges , as follows: a. In accordance with that certain Agreement to Exchange Real Property - (Lot 10) , by and between the parties hereto, dated August 13, 1986 , a copy of which is labelled Exhibit "P" as attached hereto and incorporated herein by this reference, Zand has an exchange value credit _i , the of $54,700 . 00 (plus interim payments) with District, for r_ai Property transferred to District on August 13, 1986, receipt of w : n is he- r eby acknowledged by District. '­ ­ b. in accordance with that certain Amendment Regarding Exchange o-,-'-: Real Property - (Lot 11) , by and between the parties hereto, dated August 13 , 1986 , a copy of which is labelled Exhibit "G" as attached hereto and incorporated herein by this reference, Zand has an exchange value credit in the amount of $64 ,47.1 .25 (plus interim payments) with District, for real property transferred to District on August 13, 1986, receipt of which is hereby acknowledged by District. Agreement to Exchange Real Property - Zand Page Five Zand has a total exchange value credit in the amount of. $119,171.25 (plus interim payments) with District under the agreements described in this Section 4 , and in accordance with the terms of those agree- ments and the letter of September 22, 1986 from Zand to District (a copy of which is attached hereto as Exhibit "H" and incorporated herein •by this reference) , District shall transfer and convey the Property to Zand in part to satisfy District's exchange obligations under those agreements. Additionally, District shall pay all of the costs of escrow and title insurance fees for both the Exchange Prop- erty and the Property (as provided in Section 5 herein) . Within 30 days after the Closing, as further defined herein, District shall provide to Zand a full accounting of the exchange value credits and the interim payments due from District to Zand and shall include either (i) a check payable to Zand representing any amounts remaining due to Zand in connection with the entire exchange transaction, or (ii) an invoice and bill to Zand representing any amounts due to District in connection k, t« the entire exchange transaction. In the event Zand owes money to District, said amount shall be paid within 10 days of receipt of such notice in accordance with the provisions of Section 11. 05 herein. 5. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at 7cun ers Title Company or other title company acceptable to District and Zand ( "Escrow Holder") through which the purchase and exchange of the Property shall be consummated. A fully executed co:w of this Agreement shall be deposited with Escrow Holder to serve as iInstructions to Escrow Holder, provided that the parties shall execute such additional supplementary or customary instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional instructions signed ned by the Parties but the printed nt d portion on of such instructions shall not supersede p e any inconsistent provisions contained herein . Esc row Holder is hereby appointed and designated to act as an escrow holder Agree.ment to Exchange Real Property Zand Page Six and is authorized and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: a. The time provided for in the escrow for the close thereof Shall be on or before the expiration of thirty (30) days following execution of this Agreement by District; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when the Escrow Holder causes the Grant Deed and other documents (as J_ defined below) to be duly recorded in the Office of the County Recorder of San Mateo County. b. Zand shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed for the Property and Quitclaim Deed for the Property interests in a form acceptable to District. C. District shall deposit into escrow on or before the Closing an executed and recordable Grant Deed for the purchase of the Exchange Property, and the required Certificate of Acceptance duly executed by District and to be dated as of the Closing for the Grant Deed and Quitclaim Deed from Zand. d. Zand shall. cause Founders Title Company, or other title company to Di Strictand Zand, to be prepared and committed to deliver District a standard coverage CLTA Policy of Title Insur- ance dated aS of the Closing, insuring District in the amount of Two Hundred Eig1-t%, Thousand and No/100 Dollars ($280 ,000. 00) for the Pro-erty and z''-Owing title to the Property vested in fee simple in District, subject to the exceptions enumerated in Section 2 .01 here- inabove; provided however that, in the event Zand is unable to remove disapproved exceptions before the time set for the Closing, District shall have the right either W to terminate the escrow provided for Agreement to Exchange Real Property - Zand Page Seven herein (after giving written notice to Zand of such disapproved excep- tions and affording Zand at least twenty (20) days to remove such exceptions) and then Escrow Holder and Zand shall, upon Districts direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder; or (ii) to close the escrow and consummate the purchase of the Property. e. District shall cause Founders Title Company, or other title company acceptable to District and Zand, to be prepared and committed to deliver to Zand a standard coverage CLTA Policy of Title Insurance dated as of the Closing, insuring Zand in the amount of Four Hundred Thousand and No/100 Dollars ($400,000.00) for the Exchange Property and showing title to the Exchange Property vested in fee simple in Zand, subject to the exceptions enumerated in Sec- tion 1 hereinabove. In the event District is unable to remove dis- approved exceptions before the time set forth for the Closing, Zand shall have the right either (i) to terminate the escrow provided for s herein (after giving written notice to District of such disapproved exceptions and affording District at least twenty (20) days to remove such exceptions) and then Escrow Holder and District shall, upon Zand's direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder; or (iii) to close the escrow =_nd cons'—­:n ate the purchase of the Property. l• =-' costs or expenses for escrow fees, title insurance and other cc=ts ar_d -ees associated with close of escrow shall be apportioned c_ allocated equally (50/50) between District and Zand. All current^crocerty taxes for the Property shall be prorated through escrow between District D_s;.r ict an d Za nd nd as of the Closing based upon the i lot available v aila a ble tax information usingthe customary r escrow w procedures. g. Escrow Holder shall, when all required funds and instru- ments ha ve be en deposited into the escrow by the appropriate r arties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and other recordable documents to be recorded in the of-ice of the County Recorder of San Mateo County, California . Upon Agreement to Exchange Real Property - Zand Page Eight the Closing, Escrow Holder shall cause to be delivered to the District and Zand originals of the policies. of title insurance required herein, and to District and Zand, as the case may be, all other documents or instruments which, in accordance with the intentions of this Agree- ment, are to be delivered to them. In the event the escrow termin- ates without closing as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 6. Rights and Liabilities of the Parties in the Event of Termina- tion. In the event this Agreement is to=urinated and the escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subroga- tion against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 7. Leases or CccuDancy of Premises. District warrants that there exist no oral or w-_t _en leases or rental agreements affecting all or any po-t'_cn of the Exchange Property. Zand warrants that there exist oral or written leases or rental agreements affecting all or an-: = ion of the Property. Zand further warrants and agrees to hold Dist—cz free and harmless and to reimburse District for any and all c0-sts , 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, including but not limited to claims for relocation benefits and/or payments pur- suant to California Government Code Section 7260 et seq. Zand _ under- stands and agrees es that the provisions ons of this Section shall survive the Cl ose se of Escrow and the recordation of any Grant Deed. III Agreement to Exchange Real Property - Zand Page Nine 8. Zand 's Warranties. This Agreement and all other documents delivered by Zand to District now or at the Closing have been or will be duly authorized, executed and delivered by Zand and are legal, valid and binding obligations of Zand sufficient to convey Zand' s title to District, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreenient to which Zand is a party. 9. Waiver of Statutory Com ensation. Zand and District under- stand and agree that Zand may be entitled to receive the fair market value of the Property under the Federal Uniform Relocation Assistance and Real Property Acgzisition Act of 1970 (Public Law 91-646) and California Govern-ent- Code Section 7267, et sea. Zand acknowledges that he is familiar with the applicable federal and California law. Zand hereby waives all existing and future rights he may have to receive the fair market va?f. e of the Property under any applicable federal or California lay 10. Condition Precede-n-. As a condition precedent, the obliga- tions of Zand to sell , convey and exchange the Property, as described in said Exhibit "A" herein, to District, and the obligations of Dis- trict to sell, convey and exchange the Exchange Property, as described in said Exhibit "D== , to Zand, are conditioned upon the acquisition by District of title to the Exchange Property as described in said I Exhibit i bi n t D" 11 . _Misee_'aneous Provisions . 11. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 11 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees , in connection with any action or proceeding instituted by reason of any default or Agreement eem ent to Ex change Real Property Zand Page Ten alleged default of the other party hereunder, the party prevailing in such action or proceedin shall -be q entitled to reco ver from the othe r party reasonable expenses and attorneys ' fees. 11. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or waive the fulfillment. of any condition that is precedent to the 'Performance by such party of any of its obliga- tions under this Agreement. Any agreement on the part of any party for any amendment, extension or waiver must be in writing. 11. 04 Rights C=z lative. Each and all of the various rights powers and remedies of the parties shall be considered to be cumula- tive with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the ter_-s of this Agreement. The exercise of partial exercise of a-,,, r=c t, ccwer or remedy shall neither constitute the exclusive election thereof nor the waiver of any other ri.ght,. power or remed_r a-,a=_abyQ to such party. 11. 03 Notices . All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or malt desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal ser- vice or sent by telegraph or cable or sent by registered or certi- fied mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: Agreement to Exchange Real Property - Zand Page Eleven SELLER: S . Marc Zand 30 =oyon Road Atherton, CA 94025 (413) 323-3016 DISTRICT: •?idpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 cc: Stanley R. Norton, Esq. 407 Sher-an :.venue Palo Alto , C.-Il 94306 (415) 324-1366 If sent by telegraph or cable, a c0nfir-ted copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee ' s registry or certification re- ceipt or at the expiration of the third Ord) business day after the date of mailing , whichever is earlier in time. Either party hereto may from time t e t Y o time b no tice otice in writing served upon the other as aforesaid, designate a different mailing address or a different per- son to which c;, -i -__z r_c �._ or demands are there after to be addressed or delivered' . Not-i-r contained in this Agreement shall excuse either parts_ frc:7.L c_;-_ng oral notice to the other when prompt noti- fication is apero_riate , but any oral notice given shall not satisfy the requiraTM.=nt of written notice as provided in this Section. 11. 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties , the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further I I i Agreement to Exchange Real Property - Zand Page Twelve agree to replace such void or unenforceable provisions of this Agree- ment with valid and enforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 11 . 07 Counterparts . This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and .the same instruent. 11. 08 Waiver. No waiver of any term, provision or condition of this Agreement., whether by conduct or otherwise, in any one or more instances , shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 11. 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of this agreement; it embodies the entire agreement and understanding between the parties hereto; it con- stitutes a complete and exclusive statement of the terms and condi- tions thereof; and it supersedes any and all prior correspondence, conversatio-.s, negat;at, ors, agreements or understandings relating to the same sub ect Natter. 11. 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element. ll . 11 Survival of Covenants . All covenants of District or Zand which are expressly intended hereunder to be performed in whole or in part after the Closing , and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns. i i Agreement to Exchange Real Property - Zand Page Thirteen 11. 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 11. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and per- form such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and con- templated under this Agreement. 11. 14 Bind-inc on Successors and Assigns. This Agreement and all of its terms , conditions and co•.renants are intended to be fully effective and binding to the extent permitted by law, on the succes- sors and permitted assigns of the parties hereto. 11 . 15 Captions . Captions are provided herein for conveni- ence only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties h es P here to. 11. 16 Pronoun References. In this Agreement , i - f g it be a ro PP Driate the 1,se - =ham : n o_ t _ s_._gular shall include the plural , and the plural shay_ =ncl114e the singular, and the use of an in�'_.ide y __ y gender shall -- - - g= ;e='dens as appropriate. 11 , E Broker' s Commission . Each party agrees to and does hereby inde-niry and hold the other harmless from and against any and all costs , liabilities, losses , damages , claims causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party 'in connection with this transaction. Agreement to Exchange Real Property Zand Page Fourteen 11. 18 Acceptance . Provided that this Agreement is delivered to District on or before October 15., 1986, District shall have until midnight October 23 , 1986 to approve, accept and execute this Agree- ment and during said period this instrument shall constitute an irre- vocable offer by Zand to sell , exchange and convey the 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 Zand acknowledges receipt of the sum of Ten and No/100 Dollars ($10 . 00) . Provided that this Agreement is accepted and executed by District, this transact-Lon s,---., ^ -lose as sOsn as Practicable in accordance with the te=s anc2 cznd4 -4 ions set fcrtIn hezein. Agreement to Exchange Peal Property - Zand Page Fifteen IN WIT`:ESS WFEREOF, _tee parties hereto have caused this Agreement to be executed by their d_ly authorized officers : IvIIDPENINSULP_ REGIONAL CPE'd SPACE SELLER DISTRICT APPROVED AS TO FOR:- WAZ Siavosh Marc Zand Date Stanley No on, Distric= Counsel ACCEPT F,D FOR L . Cr a' Britton , Land Acquisition Manage-- APPROVED AND ACCEPTED President , 3oard Of, _ors ATTEST District Clerk Date lit It It A- a em PLEASE ADDRESS ALL AVMW E RS TITLE COMParmy INQU RES AND 41 1 — N-11. N10,".CA�M 111�: CORRESPIONOENCE TO 41 S.r 4in.fl". —a'. 11 116— 41 LC(u)AW-mr st P CAY,CA q4--A n krur.0 CA 44W it IN T.4. V".6 471-"Ivl T0..rh.,r,: V CA C A T.- - ...... 8-25-86 R11C-4 2 5" hph PRELIMINARY REPORT Issued for the sole use of: Our Order No. 112040 Mid Peninsula Regional Open Space District Old Mill Office Center 7"C135 Reference 201 San Antonio Circle Mountain View, California When Replying Please Contact: Redwood City Office tr al 49 Property Address: 49 In res-onse to the above referenced a-P!k:ation for a policy of title 1;-,sur2nCe, Founders Title Company hereby reports that it 0 is prepared to issue, or cause to L�le 0 as of the date hereof, a Policy or Policies of Title Insurance describing the land .0 and the estate or interest therein l=reinafter sei, forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not stov.­l or referred to as an Excection below or not excluded from coverage pursuant to the Printed Schedules, Conditions and St""JIatiOns of said policy forms. The printed Exceptions and Exclusions from se the coverage of said Policy or Policies are I forth in Schedule I and Schedule I (continued) attached. Copies of the P01!Cy ',::77—, S should be read. They are available from the office which issued this report. This re:ort (and any suPPieMents or hereto) is issued solely for the purpose of facilitating the Issuance of a 41 Policy c'title insurance and no liability is assurnec 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 September 16 86 ' 19 at 7:30 A.M. FOUNDERS TITLE COMPANY Title Officer Tr:e form of policy of contemplated by this report is: a California -arn6 TJ -1e Association Standard Coverage Policy '- 1973, owner ' s policv,, . The estate or interest in the land hereinafter described or referred to covered by this Report is: a fee 41 Title to said estate or interest at the date hereof is vested in: SIAVOSH MARC ZAND, an unmarried ran. 49 49 3 Page_of__ Pages 63) I • « * � . t . . « qF « i « a # « • * « . ! � „ x * w * * * «'« �•« ! * :i « « s * # # ,►,► # ! ♦ � yr * ,. � * �. • #dry#*ti► ,k'* :*i * , r # ORDER NO. 112040 # * # * : The land referred to in this Report is situated in the State of California,County of San Mateo j * f * and is described as follows: Town of Woodside # * * * i # { All those Parcels as shown on that certain Map entitled, "MAP OF PORTOLA # 0 } HILLS SAN MATEO COUNTY, CALIFORNIA" , filed for record on June 28, 1910, in Book 7 of Maps at Page 20 , in the Office of the Recorder of the County of San Mateo, California, more particularly described as follows: * * PARCEL ONE : # * Lot 34 as shown on the map hereinabove referred to, * C » # j * PARCEL T'vti0: * » THAT CERTAIN tract of land marked "'NATER RE " , on said ma which lies between Lot 23 SERVE NO, 2 and Lot 34 also certain d # * c__ to in tra ct t c„ of WATER RESERVE NO. 3 Tt. land marked * » 34. , on said map hi ch lies between Lots 33 and * ALSO THAT CERTAIN tract of land shown. or. >tiiap as an extension of "WATER " RESERVE NO. 3" which lies betw een Lots 34 and 35 and Lot 36. Also that � » certain tract of land marked "WATER RESERVE NO. 4 ,on said map which # lies between Lots 33 and 36 . » A. P.N. 071-112-040 071-112-020 J.P.N. 75-11-112-4-A « ' 071-112-050 75-11-112-5-A At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said po?cyiorm would be as follows: • I . Taxes, general and special, � pecial, for the fiscal year 1986&87, a lien not yet due or payable. t ' 2. "The lie:-+ = - # * -u: '.`nt_1 taxes, if any, assessed pursuant to the provisions off 5=;tic. ;3, et seq. of the Revenue and Taxation Code of " the State or 4a? i_orni „ # » # * 3. Easement =or road « * purposes over any portion of said land which lies * within the rocs as shckn on the map. +* • 4. Easement fcr the free flow of any creeks running through said land* s * as shown on the map. * * * • Provisions # * ovisions for the use of waters in Dennis Martin Creek contained in * the Deed from Portola Investment Company , ' Schilling , Recorded May 31 , 1911, in Book 197 corporation, pDeeds oat Pageu 455. » » * # » # » # ' 2 3 # » Page of __ Pages ! ♦ ♦ 4 ♦ ♦ # f ♦ ♦ # ♦ ! ! # i # f # # # # # f # # f # f f 4 f f f f f f f ♦ # f f # #♦ • a » * ,F'OtInDERS TITLE COMP(InY » ' i r y ♦ * w * ORDER NO. 112040 * 6. Covenants, Conditions and Restrictions, which do not contain express * provisions for forfeiture or reversion of title in the event of viola- tior., but del ►eting restrictions, if any, based on race, color, religion * or national origin, as provided in an instrument ► ', ' Entitled "Deed" * ' * Execute; By : Portola Investment Company, a corporation Recorded : May 9, 1921, in Book 12, at Page 89, Official Records 7• Any Interest of the spouse of the Vestee herein and the Requirement » * that said spouse join in the execution of any and all Documents affect- » ing said land. * ; * NOTE : Taxes , general and special , for or the fiscal year 1985&86 , as follows: * i * Assessor ' s Parcel No. : 075-112-020 Code No. : 015-043 » lst Installment $29. 0- 5 " PAID" i 2nd Installment $29. 95 "PAID" i » NOTE : Taxes general * and special , for the fiscal year 1985&86, as ' follows: i * ' Assessor ' s Parcel No. : 075-112-040 Code No. : 015-043 i » lst Installment : $194. 59 "PAID" '► * i 2nd Instalinne-nt S" � 59 "PAID" » i :COTE : Zaxe ,follows; and special ' for the fiscal year 1985&86 , as * - * i ' Assessor ' s PaY - 075-112-050 i Code No. : 015-043 » i » » » lst Installment $24. 47 "PAID" i * 2nd Installment $24. 47 "PAID" i i * NOTE : According to the Public Records , there have been no Deeds convey- ing the property described in this Report recorded within a period of six months prior to the date hereof except as follows : NONE * FttiA/tmI-3 » * page 3 of___F'ageS ' R J ffi # ♦ # # # # # # f # ♦ # i ! ! # # # SCHEDULEI CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -- 1973 SCHEDULE B This policy does not insure against ±Oss or ca^-a;e. nor against costs,attorneys'fees or expenses,any or all of which miss by reason of the following: Part I 1. Taxes or assessments which are not s-c:,- _; existing (including but not limited to building liens by the records of any taxing and zoning a.t^or+ es taxes ordinances) restricting or regulating or prohibiting the or assessments on real property or b) try :girds. occupancy, use or enjoyment of the land, or regulating the Proceedings by a public agenci v.n:_-- ---suit in character, dimensions or location of any improvement now taxes or assessments, or notic?s cf s r-c:=?.,rigs, or hereafter erected on the land, or prohibiting a separation whether r not shown by the re the publicc records. cords Of s _e-c, or by in ownership or a change in the dimensions or area of the land or an 2. Any facts, rights. interests cr : a ^^s - ,, y parcel of which the land is or was a part, shown b the are not wnetner or not shown by the public records at Date of Y e Pudic records but wr•ic- ooze ca as'==_r,aired Policy. or the effect of any violation of any such law, by an inspection of the land or by ^-a- rg r; of parsons ordinance or governmental re in pOSS?SSion therapf_ - � gulation, whether or not 3. s lown by the Public records at Date of Policy. w Easements, liens or encumbranc=s. O c =_ -^s 'nor?gf. 8. Pignts of eminent domain or governmental rights of which are not shown by the public *?=o�^, police 4. Discre power unless notice of the exercise of such rights pancies. conflicts in be -y shorta_ye in appears ,n the public records. area. encroachments, or any etrer _ a cr,ect g =-0eY;;, :;ens. encumbrances, adverse claims, or other survey would disclose. and .•chic- = a _. _-=,vn �, :ne rnat:ers ?a; whether or not shown by the public records at Public records. 5 tat Unpatent?d mining cla d=te of pOl+gy. but created, caused, suffered, assumed or -s c : =-s or aV-?ego to by •ne insured claimant; (b) not shown by the exceptions in patents or in Acts = -- —S „-a-ce thereof: (c) water rights. ;!a r^s ,c- --_ -_ _ �,, „_, P�`''" records and not otherwise excluded from coverage _ = or ou <t no•.cn to the insured claimant either at Date of Policy or not the matters excep;nc t rice,, i? - - e 7-:✓::^ at the Public records. y tie data such claimant acquired an estate or interest insured by this Policy or acquired the insured mortgage and 6 Any right, title. interest ?s'a = - =- _ = n. land not disclose; in writing by the insured claimant to the beyond the lines of tr,? area s==: ` -_ --_ _ ==o or Company prior to the date such insured claimant became an referred to in Schedule A. or in a- ,, P� insured hereunder: (c) resulting in no loss or damage to the avenues, alleys. lanes. ways Or vial_ :,_- __ - -c in insured claimant: (d) attaching or created subsequent to this oaragraph shall rroc,ty or ;i : ±-= _z:=__ _n`tt,e Date of Policy: or (e) resultingin loss or damage which erd+nary right of an abut;+ng „.;-er -- __- to a 9 Physically open street or nigniAay is =• -_ ; _O;,_ . would not have been sustained if the insured claimant had 7. Any law. ordinance or go.? - :c vat�n been a purchaser or encumbrancer for value without knowledge. AMIERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY---1979 EXCLUSIONS n addition to the exceptions in Sc-==_ e _ __ _-_ not insured against loss,costs,attorneys'fees and expenses resulting from: t. Governrr= _ -_ __ _ _ -_ scstence or violation of any law or government regulation.This includes building ; ;_ _ -_-___ _- _ =c la,;rs and regulations concerning: land irnp- land oi. : This exclu s c , _ -, _- coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to ;a-;v :re unless a notice of takin Date. J 9 a PPears in the public records on the Policy 3. Title Risks: that are created, a Sr agreed to by you that are It in n to y bLt to us, on the Policy Date — unless they appeared in the public records. h r - c t at I i es� t nn of o_ .o that first affect yc.;- ; :.e =;t- ;-e Policy Date — this does not limit the labor and a d e ma (tern $ of G v r � ' • a F��.; tr'e ral lien coverage in o e -.. .�. 4. Failure to pay value for t ;c i-e V . _ 5. Lack of a right: to any land Outsize: .-9 a-az So? °`ioaily described and referred to in Item 3 of Sched or ule A in streets. alleys, c,, ,gat touch your land. 'his exclusion does n;; -,ss co..Arage in Item 5 of Covered Title Risks. EXHI3m"r * } # i x w i * x # },i * • # y * f * f r # x x r # r # # # # } * y i * * * # *# * } 4 i ## R y # * } * # * } # R } * * # * } } * }, * } * * ' SCHEDULE I (Continued) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 r WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE + (AMENDED 10.17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE + + + ' The following matters are exoressly excluced from the coverage of this policy: t ' I. Any law, ordinance or gc°rern.m,ental regulation (including but not limited to building and zoning ordi- nances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land,or regulating # n * the character,dimensios or location of any improvement row or hereafter erected on the land,or prohibit- "' ing a separation in o.vnership or a reduction in the dimensions or area of the land,or the effect of any viola- 49 'On of any such law. ordinance or governmental regulation. * 2• Rights of eminent ccmain or governmental rights of police power unless notice of the exercise of such 41 +} rights abpears in the :ubiic records at Date of Policy. 3. Defects, liens, encuTcrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to + # by the insured claimant; ;b)r.ot Known to the Company and not shown by the public records but known to #the insured c!a.'mant =.tr,_r at Date of Policy or at ;-¢ �_;e such Claimant acquired an* estate on «in ,. - q interest est insured b this -•,� Y s 7,:Jcy 4• -= _ired the insured mc; c=_ge and no;disclosed in writing by the Insured claim- +ant to the Camcary -ricr ,o the date such insured claimant aecame an insured hereunder;(c)resulting in 49 no toss or cam_Ge o ;re s�-ed claimant;(d)attach,ng cr created subsequent to Date of Policy(except to #* the extent ran e ,s ed herein as to env sta,,u=cry lien for labor or material or to the extent ' insurance is ` - - _ _ . as to assessments for street at Date of P., _ improvements under construction or completed + , ' 4. Unenforc_a c f ;he insured mortgage o + an subse^ g because of failure of the insured at Date of Policy or of + y rG=c.edness to comply with applicable"doing business"laws of the state in + * which the 3a is sit;,_._:. + * f # AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 (AMENDED 10.17-70) # SCHEDULE OF EXCLUSIONS FROM COVERAGE # * + * + # 1. Any lava. crc` n:-co or go n-sntal regulation (including but not limited to building and zoning ordi- nances', ._,_ or prohibiting the occupancy, use or enjoyment of the land,or regulating s the ch = .e _ rs ca;;on of any improvement now or hereafter erected on the land,or prohibit- ' mg a s = cr a reduction in the dimensions of area of the land, or the effect of any * ViOlat_ Z__ ^nance or governmental regulation. * 2. Rights c., = : r * " - Governmental rights of police power unless notice of the exercise of such * rights =-_ _ _ =cords at Date of Policy. * _ - "ances, adverse claims,another matters(a)created,suffered,assumed oragreed to a+ by the i __ - 77. not known to the Company and not shown by the public records but known to + ' this _ C Cate of Policy or at the date such claimant acquired an estate or interest by * s pc"= - :sSicset in writing by the insured claimant to the Company prior to the date such + insureG c:c . s . ,._ _me insured sured hereunder; eu der; (c)resulting in no 1 d a ^,�_, 9 loss or damage to the insured c #ttac^., a-. 9 laiman subsequent _ a „„ 5 .U�s..qu..nt to Date of Policy: o �c e r �es.ulti been .,^� Y'O resulting in loss or damage e which w -en = would n su .., ti 9 of hav s•a� ,• e r .... i 2 .,. -insured ns�r„d claimant had paid value for the estate or interest insured by this policy. # * * M * + F • n • 1. s + + ♦ r ♦ s • r r r r ♦ r r a r r r • • r • r r r r r • r r # r r r r • r r r r • +► tm.r'a �_e y __ �,.•'l 1 gip` . .v-.l•., {', 0' .Pl• r R. O ° 0 °r'rr O NNis MARflN h DE 14 � 4 r+ 1 !4Y •la•1. SG'N YI/•Ii y' A 4. {� X'. •MKl+1.'^ n E ((ft'15'E�V.i� Nyl'J�'N�T_./ Iq.r. t,. Ls'_„�. .�•- h°h+ "„ wM 2`t K.4 C!'�/'�.7._ 4•`t.,._- S�,S1 /S/�fi. „yf.�b��,� ` f.- RESERVE usr w O ' .!1••w ,'Ii 44- \J �,�.I/'rt. dJS tV �+ O :: �Q �, it s •J\.f, �aw,•t,ry .,//, 1 \ �•' �15° .vy•U.n' riyr � h,' M..'�91' s 1,�.--- sib•- ••J,Sr._ y'i.r/.•. i• 34 ` Q 84 ,JL s •�I. O 4 Yt �•�. 1�'� i _ j• Tip ,N •'1/'...n, �. GRAND V/EW PORTOLA i i L 't V 1 MITCHELL& HERZOG AUG2 21979 ATTORNEYS AT LAW MARVIPj CHURCH, COU 2 SSO HAMILTCN"ENUE,SUITE 326 ti Y Clerk PALO ALTO.CALIFORNIA 94301 By 3 TELEPHONE(415)327-7a7e I A€PUTY CLERL 4 Attorneys for Plai^offs �lG-+ 5 f`9J4h c c.- V 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN MA` TEO g THOP�IAS M. GA'v0, CLAUDIA J. GANG, JOHN' HO:=z�S ROS-EN- 10 BERG, MARY JEAN ROSENBERG, No. 22$057 ROBERT S. PROCTER and VIR- =� 11 ' GINIA S. PROCT ER, JUDGMENT ,., BY STIPULATION FOR 12 Plaintiffs, PARTITION AND DIVISION OF LA14D BY 13 ! v. �,. COMi40Pd OWNERS i 14 I SIAVOSH MARC ZAi: D, _ 15 Defendant. . t 16 - - - - - - - - - - - - - - - - - - - - - -X f 17 Pursuant to oral stipulation recited in open Court, 18 the 8th day of Est, 1979 , in the presence of each of the part=== y==int:=f and the party defendant, and their respective 20 I'. actor-e,s of record herein, which stipulation for judgment was 21 �C agreez" to in open Court by each of said parties, and good cause 22 aPPee=-=g, the Court orders the following Judgment herein upon I 23 the following. Stipulated Facts : 24 I STIPULATED FACTS 25 On June 28, 1910, in Map Book 7 at page 20, there w 26 � filed and recorded in the Office of the Recorder of the Coun- f� of i( 1 Of San Mateo Stat e e of California, a certain map entitled, "MAP 2 OF PORTOLA HILLS, SAN MATEO COUNTY, CALIFORNIA" , hereinafter 3 referred to "the Portola Hills Map" . Cu 4 ! On July 26, 1976, there was recorded in the Official V-4 5 Records of the Recorder of San Mateo County, State of Califor- 6 nia, at Volume 7198 , Page 396 to Page 400, inclusive, a certain 7 j grant deed dated July 19, 1976 , pursuant to which plaintiffs 8 and defendant, and each of b. ,them e -- came the record legal owners 9 , in common of certain real proper p- 'y. improvements thereon, and r, 10 appurtenances hereto more p-rticularly described in Exhibit -- 11 "A" attached hereto and made a part hereof by reference. The �a =` 12 real property described in said Exhibit "A" is hereinafter re- �� 13 _. ferred to as "the Schilling Lands" . Prior to July 26, 1976, 14 for a good and valuable consideration, the plaintiffs and the 15 defendant agreed to acquire title to the Schilling Lands in 16 their common names, and further agreed that each would receive 17 separate legal title at a later date to specifically identified 18 lots , reads, and water rights shown on the Portola Hills Map, 19 and = c='-ded within the Schilling Lands. Specifically, it was 20 ! agree` Prior to July 26, 1976 , by the plaintiffs and the defen- 21 dant , and each off them, that the following lots, roads and water 22 reserves would be conveyed separately to the following named 23 persons : 24 A. All of the real property described in Exhibit 25 "B" hereto, made a part hereof by reference, was to be con- 26 veyed solely to THOIUAS M. GAZ40 and CLAUDIA J. GANO, (here_ i (2) ,_ ` ' 7q7, I 1 inafter, "GANG") ; 2 B. All of the real property described in Exhibit 3 "C" hereto, made a part hereof by reference, was to be conveyed r 4 solely to SIAVOSH MARCZAND, (hereinafter, "ZAND") ; 5 C. All of the real property described in Exhibit 1 6 "D" hereto, made a part hereof by reference, was to be conveyed ` 7 i solely to JOHN THO,%mS ROSENB RG and MARY JEAN ROSENBERG, (here- 8 inafter, "ROSENBERG") 9 D. All of the real property described in Exhibit =' 10 "E" hereto, made a part hereof by reference, was to be conveyed e-` 11 solely to ROBER.'� S. PROCTER VIRGINIA S. PROCTER, (hereinaf- _.� _ _.� 12 ; ter, "PROCTER" ) ; 13 E. All of the real property described in Exhibit 14 { "F" hereto, made a part hereof by reference, was to be retained 15 for the common investment benefit of each of the plaintiffs. and 16 defendant herein so that upon the ultimate sale or disposition 17 thereof, GANO, ZED, ROSENBERG and PROCTER, and each of them, 18 would ==cei ve C ne-=ourth (1/4) of the net proceeds thereof, and 19 e=c' =d ha%,e he further right, upon certain circumstances, 20 j to ch=nee the real property received by each of them as des- 21 ! cribed in Exhibits "B" through "E" hereof for one of the three 22 ! lots contained in the real property described in Exhibit. "F" 23 hereof. To make such an exchange, GANG, ZAND, ROSENBERG or 24 PROCTER would have to demonstrate that the real property re- 25 ! ceived by each of them alone had no building site for a resi- I 26 dence, i. e. , a site for which there can be an adequate provision (309 ) t9s If '. i! 1 for disposal of sanitary sewage wastes, one which has an ade- 2 quate domestic water supply, one which is geologically stable, I' s L7 3 one which has soil conditions acceptable for construction of a 4 foundation for a residence of reasonable size not less than 5 , 2, 000 square feet, and one for whic h adequate provision can be i 6 i made for obtaining electrical and telephone utility services. y 7 Thereafter, and on or about September 15, 1976 deeds !!! ds $ were presented to each of the Plaintiffs and to the defendant 9 to be executed by each of the:, to effectuate and carry out the 10 intended further division of the Schilling Lands as described 11 above, wet:, the exception that on or about that date, PROCTER _ k 12 � elected to mare a ci f L t of a Portion of the lands to be received r-� 13 by him as descri;,Qi in Exhibit "E" to each of his children. 14 SpecifIfically, a deed was presented for transfer of title to Lot 15 19 on the Portola Hills Map to Glenn H. Procter and of Lot 9 on 16 the Portola Hills Map to Carol L. Procter. Certain legal 17 descriptions on the deeds presented were not exactly in accor- 18 dance i=*-. =h= agreement of the parties as set forth above, and 19 cflrrezt=c deeds were presented for signature on December 12, 20 _1176 , and these deeds were in accordance with the previous oral 21 agree-ent of the parties, as adjusted by the gifts by PROCTER i 22 of a lot to each of his children. On December 12 197 5 23 th e de eds eds presented were not 24 executed, because of disputes which then aro se e bet ween een p a n 1 i - 25 tiffs and defendant, which disputes we re un related e lat e d to and not 26 encompassed within the completed oral agreement of the parties FA GOP k ":sGt3� , o -. �. f 1 as Set forth above. 2 The legal consideration paid by GANO, ZAND, ROSENBERG 3 and PROCTER, and each of them, to date is and has been one- 4 fourth (I/4) of the total cost of the Schilling Lands. 5 In executing this form of Judgment, showing their 11 6 concurrence herein, the plaintiffs and the defendant, and each Lh a � 7 of them, do ac=ee that the facts set forth herein are true and g I correct, and that a true factual basis exists, were testimony i q , presented herein_ to su r- t�, t PPo- - e S�apulated Facts set forth 10 t above . GLC'D CAUSE APPEAFc_ tiG, IT IS ORDERED, ADJUDGED AND 12 DECRE- D as =..._lcws. 13 1• P1-1nti.ffs and defendant, and each of them, ~: 14 3 are ed tc execute and deliver for recording in proper =, 15 - for:-, standard forms of Quitclaim Deeds so that the foll owing —= 16 Properties are transferred and conveyed to the following- � g Per- 17 sons : i 18 } A deed of the property described in Exhibit I 19 E _� -`C==.S GANG and CLAUDIA J. GANO; I i 20 B. A deed of the property described in IExhi- bit - - 21 � � =c ---�._•'OSH .'LARC ZAND; I: C. , � A deed of 22 the property described in Exha.- 23 i bit "D" to JOHN THOMAS ROSENBERG and 14ARY JEAN RO SENBERG; 24 D. A deed of the property Y described in Exhi- bit bit "E 25 excepting Lots 19 and 9 therefrom, to ROBERT S. P � ROCTER 26 ; and VIRGINIA S. PROCTER; 151 1109 Pz''= r O _-if E• A deed of Lot 19 as described in Exhibit 2 "E" to Glenn H. Procter; 3 F. A deed of Lot 9 as described in Exhibit"E" 4 to Carol L. Procter; ,7 5 ++ "+ G. A deed of Lot 10 as described on Exhibit W 6 F to THOZRAS M. GANO and CLAUDIA J. GANO, subject to the con- 7 ditions described in Subparagraph #lit' below; I 8 H. A deed of Lot. 11 as described on Exhibit l ti q "F" to SIAVOSH MARC ZAND, subject to the conditions described 10 in Subparagraph "ill below; 11 I. A deed of Lot 12 to JOHN THOMAS ROSENBERG 12 1 and MARS, JEAN ROSENBERG, subject to the conditions described in 13 Subparagraph "J"" be' ow; 14 J. The transfers of Lots 10, 11 and 12, re- spectively,spectively, to GAN0, ZAND and ROSENBERG, set forth in Sub- . 16 paragraphs + G + through " I+ abo ve e sh all be mad e subject to the 17 following conditions: ��ons; 18 (1) New first deeds of trust shall be 19 exec Y==d b: G=_ O, ZAzID and ROSENBERG, respectively, and re- 20 corded ag=.ln st Lots 10, 11 and 12, respectively, securing to 21 Z-:`3D, ?OSENDERG and PROCTER, as to Lot 10, and to GANO, ROSEiJ- I 22 BERG and PROCTER, as to Lot 11 , and to GANG, ZAND and PROCTER, 23 as to Lot 12, the right of each of said secured beneficiaries 24 under said deeds of trust to receive upon the sale, exchange, 25 assignment or transfer of any of said Lots 10, 11 and 12, one- - I 26 I fourth (1/4) of the net proceeds thereof. (6) l E N IAV_�I- 1 (2) In the event of the proposed sale, 2 exchange, assignim=_nt or transfer of any of said Lots 10, 11 or 3 12, the owner thereof shall deliver to the beneficiaries under 4 the aforementioned deeds of trust, and each of them, a copy of 5 ' any written offers which the owner intends to accept and before t� �►.; 6 his acceptance thereof. Within Len (10) days after the receipt 7 by such beneficiaries from the owner of the property of said 8 written offer, an beneficiaries r y o� said b_..__ic_aries may acquire the lot J~ � 9 proposed to be sold, exchanged, assigned or transferred upon _j a 10 the same or any better terns than; those set forth in the -offer 11 of the third party purchaser. The e xercise of this right of r, 12 first refusal shall be in writing, signed b the�1 Y exercising 13 beneficiary, and delivered to the record owner of the property 14 within said ten-day period. If more than one beneficiary . 15 exercises this right of first refusal, the one who offers the 16 highest and best bid for such lot, after each has an opportu- 17 pity to review t=,e other' s bids, and amend their bids accord- 18 j in=l_', shall ba entitled to purchase the same. I 19 (3) No sale, exchange, assignment or 20 trY'=-Gr Of Lots 10, 11, or 12 shall be made or entered into by f the e L.ti^n Y 21 _ thereof for less than the then current fair market 22 value of said lot, or except on an arms-le k ngth basis between Ir said 23 owner and the purchaser thereof. In no event shall any 24 sale, exchange, assignment or transfer of any of said Lots 10, 25 ,; 11 or 12 be consummated on or before August 8 , 1981, except on 26 �' the prior written consent of the owner thereof and each of [7) . page ii I the beneficiaries under the aforementioned deed of trust against 2 said lot. 3 (4) No sale, exchange, assignment or 4 transfer of any of said Lots 10, 11 or 12 shall be made by the .' 5 j owner thereof, subject to the deeds of trust referred to in M6 Subparagraph (1) above. Such a sale would impair the security w i y 7 ► of said deeds of trust. 8 owner 9 12, the (5) As to each of said Lots 10, 11, and ..` o` record thereo`, and each of the beneficiaries 10 ! under the deeds of trust described in Subparagraph - _ (1) above 12 agree to pay and contribute one-fourth (1/4) of all expenses 12 ; associated with said lots until each lot has been sold and -� 13 disposed o in a -ur dance herewith, and the deed of trust as- �, 14 �' sodated with ew--h particular lot has been satisfied in full. 15 Said expenses shall include, without limiting the generality of -` 16 the foregoing, all property taxes and assessments, maintenance 17 an; ; surance. 18 (6) The record owner of Lots 10, 11 and 19 1= ='- not construct any improvements on said lots, othe r 20 I ;hen as reasonably necessary to i mainta in n the sam e in their 21 curre.nz condition, or subdivide or further encumber the same, 22 except upon the prior written consent of each of the benefici- 23 aries under the deeds of trust described in Subparagraph (1) 24 above. 25 (7) The title of said Lots 10 11 26 �; and 12 and shall be further subject to the rights of GAVO, ZAND, �! 181 aHIBI T 1 ROSENBERG. or PROCTER, respectively, to exchange all of the 2 real property described in , Exhibits "B", '�C�� , ��D�� " ,.� , or E , re- ;,; 3 spectively, for One of the Lots 10, Il or 12 in the event that In �-i 4 GANO, ZAT�TD, ROSENBERG or PROCTER demonstrate on or before �= i August 8, 1981, that the said real property originally de- 1 6 signated for them alone either has no building site for a 7 residence (a) for which adequate provision can be made for i g i disposal of sanitary sewage was- tes, (b) which has an adequate i domesti c agate:_ suppl7, (c) =Nhich is 9 �i geologically unstable, I 10 i (d) which has sOi1 ccnditions acceptable for construction of 11 a foundation for a residence o reasonable size, not less than 2 4 ..a I2 40 square �eet, and (e) which is one for which adequate 13 ,provision can be �Oe for obtaining electrical and telephone 14 1: utility services. The fact that no building permit has been 15 I issued for construction of a articular P residence, without a 16 showing that it was denied for failure of one of the five i I 17 preceding cond_tions, shall not entitle any person to exchange 18 ,� ls-ncs for .,ne zf Lots 10, 11 or 12. In the event an exchange 19 � oc=�=5 =er--=�`=_ of ro real i r property described in Exhibits "B" 20 ! D't , -= "Ell for any of Lots 10, 11 or 12, then the real 21 Pro=erty received in exchange for Lot 10, 11 or 12 shall be 22 held subject to all the conditions of this Subparagraph "J" . 23 (8) A sale, exchange, assignment or i 24 �.' transfer of said Lots 10, 11 or 12 may be made by the owner 25 thereof in accordance herewith any time during the two-year j; 26 i period following August 8 , 1981 . Thereafter, upon the written 191 1-3 17 Of li fl } 1 request of any of the beneficiaries under one of the deeds of 2 trust described in, Subparagraph (1) hereof, the owner of said Ltj 3 Lots 10, 11 or 12 receiving such request shall make all reason- ri 4 able and necessary efforts in good faith to sell, exchange, 5 assign or transfer the lot so owned by him in accordance with I 6 ; the provisions and conditions of this Subparagraph #fill . (9) The burdens and benefits of transfers .� 8 of Lots 10, 11 and 12 in accordance with Subparagraphs 9 and "I" hereof, and the cone_t.icns thereto set forth in Sub- 10 1 paragraphs (1) through (8) , incisive, of this Subparagraph I "J" , shall.11 be binding upon and inure to the heirs, representa- i 12 tives, successors and assigns of GANO, ZAND, ROSENBERG and 13 PROCTER, and each of them. s 14 j 2. To the extent that GANG, ZAND, ROSENBERG and 15 PROCTER, by virtue of their 1976 purchase of the Schilling 16 ! Lands, received any rights of way for ingress and egress or 17 easement rights in, on or to that certain road designated 18 - - u ---- --:. Ro_ on the Portola Hills Map, then such rights hts 19 here=y a_e Partitioned and divided equally between them� and 20 ea;.h cf them, and to and between Glenn H. Procter and Carol L. I and the heirs, representatives, successors and assigns f! 22 ; of each of them, on a non-exclusive basis. Notwithstanding the 23 foregoing, none of the foregoing persons to whom such non- 24 exclusive rights, if any, have been equally partitioned and 25 ( divided, shall operate any motorcycle or motorize� d vehicle 26 it along Dennis Martin Road except: 11 (101 e• j� E a:"a T I' la _ A. PROCTER, Glenn H. Procter and Carol L. lb Procter, and each of them, their heirs, successors and assigns, lc may operate motorized vehicles along portions of Dennis Martin Road contiguous to a boundary of properties owned by them, or r., r�3 some of them, to provide access thereto, which rights shall be -4 i� appurtenant to such properties. a $ # B. Within an area inside the gate currently at the intersection of said Dennis 6 :Martin Road and the County road 7 shown .�n on the Portola Hills Map, which may be used by said 8 persons to have access to a parking area to be de signated pate d - b g - 9 PROCTER for parking of vehiles in i side said gate and off the IL 1Q , said County road. Said - � .Cou ,_S road -: _ _d is no w- commonly designated i 11 "Old LaRon4a Road" . 12 3. Except for the express limitation of operation 13 of motorcycles ar_d :motorized vehicles b the Y persons named in 14 the preceding paragraph, nothing in this judgment is intended 15 to abridge, den take Y or e away from any person any rights, re- I 16 ; corded or unrecorded, which such persons have or may have, or 1 17 whether prescri^tip-e, by implication, by operation of law, by 18 gnat` of^e=ups in, to or appertaining to the use, enjoy- 1g I rret�, ==s .ia, of the properties and lands received by them 20 i in ac z„=,-n--e herewith. 21 - . To the extent tha t GANG, 2AND, ROSENBERG and i 22 PROCTER, by virtue of their 1976 purchase of Schilling Lands, 23 j received any right of way for ingress and egress or easement 24 rights in, on or to that certain portion of road designated 25 "Espinosa Road" on the Portola Hills Map, where it lies ad- i 26 ! ]acent to Lot 23, Water Reserve No. 2, Lot 34 , Water Reserve 27I No. 3, Lot 33 and Lot B, as designated fill EXHIBIT # i i i I 1 on said Portola Hills Map, then such rights hereby are parti- tioned and divided equally between them and each of them, and I 3 to and between Glenn H. Procter and Carol L. Procter, and the 4 heirs, representatives, successors and assigns of each of them, t+ 5 � on a non-exclusive basis. I! 6 5. PROCTER shall execute in a form satisfactory to 7 counsel of record herein for plaintiffs and defendant a form of $ Indemnification and Hold Harmless Agreement holding ZAND harm- 9 less Of and from any liability Gift taxes due an j y govern- :orIO mental body, including, withc:,ut limitation, the United States I� Of A e~ C3 lI ( -i he Sta e of California, by reason of ZAND' S 12 +{` exec::tion of the cuitclaim deeds he was ordered to execute 13 �' hereunder to Gle-n H. Procter and Carol L. Procter. • -c the extent that ZAND, by virtue of his i 15 becoming record legal owner of Water Reserve No. 3, designated 16 j on the Portola Hills Map, acquires the right to take and use 17 certain water flcwiLng naturally from a year-round spring now ! I$ loca=__ :cit=_._ sue;•; ;eater Reserve, said right to take and use 19t' Sd:`.: 'hoer ner=,..._ J_- s partitioned and divided one-hal f 1 2 and:_20 �+ - - o t - -ND d one-half (1/2) thereof to GANG sa id d half 1 }i ini reS ; - , , tee_ �, ij a i n 2 --- y 1 '' - ., , o be appurtenant to Lots 34 and B, as shown 22 on the Portola Hills Map. To the extent the ta king g and use of 23 ii said water by ZAND and GANG does not interfere with any rights i 24 of other persons , not bound by this judgment, said taking may 25 !! be for domestic water supply or other purposes, whethe r or not 26 11 alternative sources and supplies of water are available for j! [ 12] ai �� �1 1 such purposes. G� 2 I 7. Except as otherwise expressly provided herein, ,- 3 the persons who receive title to Water Reserves 11o. 1, 2, 3, 4, 4 5, 6 , and 7 , as designated on the Portola hills Map, shall not 5 ; obstruct the free flora of eater or divert the flow of said 6 .cater within said water reserves to the loss or detriment of 7 ; any doT:-nslope o:-:aer of property covered by this judgment. f 8 i Notwithstanding the foregoing , an o=,per of any of such water 9 reserves na4r ccnstruct such = Praverents as are reasonably 10 ; necessary to avoid flocds , erosion and the free and unobstructed 11 floc o_ ',._ - a� _ � . are: tne, _ n. t 12 8 . For a period of fifteen (15) years after the 13 date of this j uclzmen t , PROCTER may not transfer or assign title 14 C to Water Reserves ido. 5 , 6, or 7 , except in conjunction with �1 15 Et a sale of Lots 8 , 9 , 13, or 19, without GANO'S prior written 16 consent. GANO' S consent shall not be required unless he is 17 then living and is then record legal owner of Lot B. GANO'S 18 rigLY .of o.o-sent shall not be transferable, and shall not be 19 tai�-n- �nrAasonably. Except as to obtaining GANO'S prior 20 cor.sen as set out above, nothing herein shall prevent PROCTER 21 from a gift to an person, 0 0- n fir Y P m or corporation, Lion or ot her ther 22 �' entity, of all or some of said water reserves . PROCTER, as 23 ! owner of 'Dater Reserves No . 5 , 6, and 7 , as designated on the 24 Portola Hills Map , shall be personally obligated to pay to ZA14D i 25 one-half (1/2) of the net legal consideration paid or delivered 26 to PROCTER by any transferee for consideration of any interest I EX:�I M i [ 13] ,age of �.. Grant of Open-Space Easement with Covenants Page 3 any portion thereof temporarily or otherwise anything whatsoever which is not indigenous or nature to said•.Subject Property. (d) Shall not cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, and shall not other:;J.se disturb the natural cover for the land. (e) Shall not nine, extract sever or remove nor ' permit or cause to be mined, extracted, removed or reoved any natural resource found or located on, above or under the Subject Property or otherwise engage in or per-zit on the Subject Property any activity which will or maY destroy the n=�_u ral and sc=nic char ct= isties of the Subject Property. {f) Sh"" not fish, trap, hunt, capture, kill or destroy or peg -:it the hunting,g, capturing or destruction of fist or Other marine or a- arc life on the Subject Property except 4_s, _ upon prior written pe-- , of the Town of Woodside for health or safety purposes Only. (g) Shall not hunt or permit the hunting or trapping life on the Subject Property. Pursuant thereto, GRANTOR, its successor sons or assigns sh=_11 not trap, kill, capture or destroy or permit the trapping, 'k` -4-- capt__ - :, or destruction of animal life on th ject Proper _ •-.,^ a Sub- - . __- for written permission of the Town of Woodside fcr -._ _ en safety purposes only. ("_) n;,t divide or subdivide the Subject Property or z- o'L�r.a hiss con- (other than under threat of condemnation) a portion Of such preps==-; less than the whole to one or more parties or convey the Subject property to two or more parties each of whom acquire title to less than the whole of the Subject Property. As used herein "party" means and includes any person, corporation, partnershipor other y legal ent ity capable of holding title to real ro P perty, vG OBIT Grant of Open-Space Easement with Covenants Page 2 values of theme respect:ive properties by the conveyance of an open- space easemen-t on,, over, ana across the Subject Property which shall conserve and 'protect t_-%ze animal, marine, bird and plant populations and prevent the use or de7malopment of the Subject Property for any purpose. or in any manner white would conflict with the maintenance of the Subject Property in its natural, scenic, open and wooded condition. 4. This Grant o Open-Space Easement with Covenants is referred . ` to herein as the "z asz-ment Agreement. " NOW, TAR=:^ORE, for val acknowledged: uable considera ticn receipt of which is hereby Grant - e or Oo n--...:,Dace easement 1' GRA_NTOR here*--, craT is to the DISTRICT an open-space easement, on, upon, over, across, azC7 e and under the Subject Property and relinquishes ,�,, ;�o the c� _n perpetuity the right to construct improve- ments thee reon, 2- GRANTOR Covenants and agrees for itself and its successors and assigns that GRP-'3IOR, yts successors or assigns singularly on in com- bi-^.anon, erect, construct, place or maintain or permit the erection, co-s__,_Ct;c)n, placement or maintenance of any improvement, building or str,cture or any other thing whatsoever on the Subject Property other tan such improvements, buildings , structures, or other things existing on said property at the time of the gri--nting of this easement. (b) Shall not use or permit the use of the Subject Property for any purpose except as open space. (c) Shall not use or allow others to use the Subject Property or anv portion thereof as a parking lot, storage area or dump si !. l or other-Wise deposit or allo;a to be deposited on said Subject Property on t�- i B I T 157 RECORDING REQUESTED BY AND WHEN RECOa,DED RVTL'R'7 TO: Midoeninsula Regional Open Space District Old Mill Office Center Building .C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 ' } GRANT OF OPEN-SPACE EAS-7XEENT WTI H COVENANTS Vi-HEREAS, 1 . The undersigned, SIA 'QSH MARC 2AND, an unmarried man, herein- after called "GRANTOR, " is the owner of the fee simple estate in and to that certain real property hereinafter called the "Subject Property," sit,-'ated in the County of San Mateo, State of California, more particu- larly delineated on the map attached hereto as Exhibit "A" and described in Exhibit "B" attached hereto. 2. GR.NTO R a n d the --EDP E NINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter c___ed "DISTRICT, " have previousl " y entered into that certain Agreement to Exchange Real Property, " dated and pursuant --ereto, it is the desire c� — f GRANTOR Ill to grant ta DISTRICT, an ( )en-space easer^,ent, on, upon, over, Erc:ross and under said Subject ProP;erty pursuant to Chap ter 6. 6 (com mencing menc ing with Section 51070) o:= Pa rt 1, Division 1, Title 5 of the Califo rnia a Gove rnment me nt Code and Section 5540 of Cali Porn'Z� Public Resources Code. 3. GRANTOR and DISTRICT recognize the scenic, aesthetic and special ch-iracter of the es region in which their respective g P properties an-a located, and have the common purpose of cons,--rving the natural I r.1tCl..lir: tY �:•v::� iG ... '. il'IS A77aC,y`D i CIO 00 •a?. 'wO� w J v • .. ' _ .• ! _V`....r • tea.! ;i.i ,t�: 1 r•��r• `i ��i •� ia.�`s r .j !: •.... fl,T_rrE,,��,.. Y reason Of Pli}' •� a i # r Is r It r Is r At r t.r,w r r w r r r ; r Is i • r It r t It It t w r r t • +r It w r It It w +w w r r r t t * It r r # It It * * * SCHEDULE 1 (Continued) * AMERICAN LAND TITLE ASSOCIATION LOAN POLICY.--1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17.70) + * SCHEDULE OF EXCLUSIONS FROM COVERAGE * a * The following matters are excressly exctudzd from the coverage of this policy; f * 1. Any lave, ordinance or governmental regulation (including but not limited to building and zoning ordf- f► f rances)restricting or regulating or prohibiting the occ,�Pancy, use or enjoyment of the land,or regulating * the character,dimensions or iocation of any improvement now or hereafter erected on the land,or prohibit- ing a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any viola- tion 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, encur-brarces,adverse claims,or other matters(a)created,suffered.assumed oragreed to * by the insured claimant: b) not known to the Cc.,. any and not* { shown b theown # the insured ciairnant ei;ner Date _ olio cr a. �=:e such claimant acquired anestate orinterest + * insured by this colic',, or a-ticuired the insured mcrt_=^,= and not di,-closed in writing by the insured claim- w ant to the CorncanY Pr:cr to the date such insured c!a,rnant became an insured hereunder:(c)resulting in * no loss or damage to;he =^.cured clai,;,_nt;(d)attacr,irg or created subsequent to Date of Policy(except to * the extent inS race is -`forced he-e.n as to any statutory lien for labor or material or to the extent # insurance is a=ford_._ �7e1-71 as to assessments `o, street improvements under construction or completed * at Date of ?c :c ). * 4. Unenforcea• •,,v w = i,� Of :he 'nsured mortgage because of failure of the insured at Date of Policy or of any subsea c c, tie ; ,e_`=dness to compiy..ith applicable"doing business"la of the state in «* which the !and is Sit,_led. * t * t ' AMER(CAN LAND TjTLE ASSOCIATION OWNER'S POLICY FORM B-1970 „ (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE * 1. Any law, ordm_,,tie or goti,;nmental regulation (including but not limited to building and zoning ordi- nances? rest',r n r-eg -:g or prohibiting the occupancy, use or enjoyment of the land,or regulating the c:n=-a„ r - c-.=„on of any improvement now or hereafter erected on the land,or prohibit- ing a 5e::a ­vrIersnip or a reduction in the dimensions of area of the land, or the effect of any + * v'o!at'on cf =nY s ch law. C,'dinance or governmental regulation. * 2. Ri�hiS of � t � � � * n C=m nin or governmental rights of police power unless notice of the exercise of such • * rights a ;-_ ,r •"e ct.b'.ic records at Date of Policy. * 3. Defe s ii� s _nc* umbrances, adverse claims,or other matters(a)created,suffered,assumed or agreed to * by the { s,_,e-­ claimant. (b) not known to the Company and not shown by the public records but known to « * the ins,_;•ez :r-ant either at Date of Policy or at the date such claimant acquired an estate or interest by * this pol,c �:ct disclosed in writing y i b the insured clamant to the Company p y prior to the data such » insured claimant became an insured hereunder;(c) resulting in no loss or damage to the insured claimant; + (d)attaching or creates y;(_) y �d subsequent to Date of Polio 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. t * ,y ' K * K • r ' r ' o • w SCHEDULEI 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 t, Taxes or assessments which are not shown as existing (including but not limited to ruilding and zoning teens oy the records of any taxing authority that ie.!-3s taxes ordinances restricting or re ula• or} 9 g - Prohibiting the or assessments on real property or by the auoNc -=cords. occupancy use or enjoyment of v rid,or regulating the Proceedings by a public agency vin,cn may result in character. dimensions or location. ,y improvement now taxes or assessments. or notices of s.:n , rcceedings. or hereafter erected on the land, or -ohibiting a separation whether or not s.^.,wn by the records of su_n agency or by in ownership or a change in the dimensions or area Of the the public reC3rC5 rand or any parcel of which the land is or was a part, 2. ,any facts. r,gtts, interests or cla±ms wh:cn are not whether or not shown b the shown b the :.:c+; re �; � r Y public records at ©ate of y c cords but wnic, couic be ascertained Policy, or the effect of any violation of any such law, cy an inspect+cn of the land or oy making :n u,ry of persols ordinance or governmental regulat+on, whether or not in possession eof. shown by the public records at Date of Policy. 3 Easements, hens or engurnbra_nces or claims thereof. S. Rights of eminent domain or governmental rights of wrs°^ are not s :ov.n by the public recores, ool:ce power unless notice of the exercise of such rights 4 Discrepancies. ccrfilcts in bOunda-y !!nes. shortage :n a ear-pp__,� in the public records. area �C" ��^t5. or any pt'^e C:3 Izh a CC- =ct D 'e ts. !lens, encumbrances. adverse claims, or other pey would cis ios= and which a _ ro s-o:,n o ,e a. whether or not shown by the public records at ,;;;+:c records. case o f porgy, but created. caused. suffered, assumed or 'at Unpa:en:ez rn,rrrt9 C'2'^a -ry anoc; Cr - -=d to by the insured Claimant; b} not shown by the exg•aot+ors n pa:eats or in act; a :he 'ssua- e c recoros and not otherwise excluded from coverage t es or,r C+ ':toter - ^+ g s c _ s w e:h,e. or bit known to the insured claimant either at Date of Policy or r ne na.ters excec'e = a snov.,n oy at Me date such claimant acquired an estate or interest cub!+c records. Insu-ec by this policy or acquired the insured mortgage and o :ny r,gn; tit+&. -__ _5:a-e r e a _. . r, f2nd not br ,ond disclosed in writing by the insured claimant to the > the lines o .he a _a sue, `;ca . - - =c or Company prior to the date such insured claimant became an referred to in Schell e cr in a t, s = s reads. insured hereunder; (c) resulting in no loss or damage to the av?nues, alleys. lane, ways or ',:2ter ay _, :n insured claimant: (d) attaching or created subsequent to t�i+s aaragraah s^a and if r r limit *ne e,. :n-the Date of Policy; or (e) resulting in loss or damage which 0'::-ary right of an 2Du "rig av '-' o, c to a would not have been sustained if the insured claimant had physically oxen street or :^,n'.vay is rs re� been a purchaser or encumbrancer for value without 7. Any la-,v. ordinance or governrrer-•a; reg lat:on knowledge. AI'JIERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY--1979 EXCLUSIONS In addition to the eXCeptionz in Scr,d�ie S. ,,d,u are not insured against loss,costs,attorneys'fees and expenses resulting 1. Govern,:;;= :n= existence or violation of any law or government regulation.This includes building a -~ _ d- ,, a-oe, "d also laws and regulations concerning: Ian- the ;and land c _ -7,.,rCn rr0'.eCt1Cn This exclu cc.; not i;,n;,t the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right ,o*_re tie yard 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 kno,.vn 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 d. 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, s!reets. alleys. or ,:;atert•:ays that tout^ your ian f. Tn:s exclusion does not limit the access govern_^,e in item 5 of Covered Title Risks. EXHIDI r a. x rr,rrr ♦ ♦ irr .i r '► rr • r rrrr ♦ + rr • sr,r . . rrsr rrr ♦ • rrr y " "mw . FOunDERS TITLE company " * " ORDER NO. 619755 " 2nd Run-to-pate * * DESCRIPTION CONTINUED. . . » » PARCEL VII : * BEGINNING at a point which bears South 890 00' West 30.44 feet, South 80 43' 10" West 209. 22 feet and South 210 06 ' 50" East 364. 22 feet from a concrete. monument in the Northerly line of said Rancho marking -the } Northwesterly corner of that certain 5. 60 acre tract shown on record of survey Map filed in the office of the Recorder of San Mateo County on • October 23, 1950 in Book 2 of Licensed Lard Surveyors ' Maps at Page 99, said point of beginning being the most westerly corner of land described in Deed from Oretta D. Carlson et a1 to Richard M. Carlson and wife, dated June 28, 1954 and recorded June 29, 1954 in Book 2607 at Page 401, Official Records of San Mateo County ( 67101 L) ; thence from said point ' of beginning North 73* 15' East 50. 1- • to the Southwesterly line of land described in Deed from Herbert T. aE' 1is and wife to Kay K. Strauss and wife , dated and recorded August 19, 1955 in Book 2860 at Page 740, ' Official Records ( 78996 M) ; thence alon� said Southwesterly line South 211 06' 50" East 9. 56 feet to an angle zoint in said line; thence South ' 8" 50 ' West 63. 96 feet to a point in the Southwesterly line of lands described in Deed to Richard M . Carlson and wife before mentioned ; ' thence North 351 50' West along said Southwesterly line 71. 13 feet to the point of beginning. * " A•P. N. 075-060-110. • J.P.N. 75-06-060-11. r A. P. N. 075-060-140.A. P. b:. Q75-060-16q. J.P.N. 75-06-060-14. * • J.P.N. 75-06-060-16. A.P. N . 075-070-040. J.P.N. 75-07-070- 4. A.P.N. 075-070-020. J.P.N. 75-07-070- 2. » r ' R/W. 75-06-060- 3. R/W. 75-06-060- 6. R/W. 75-06-060-12. * * * * * * r y r • • * r r * r * r * * r * r r • * r * r r r r r r r r r r r ' Pare_15 nT--15 ►. r XHI IT " * ,i ' * FOUnDERS TITLE company * w r 4u ORDER NO. 619755 + ' 2nd Run-to-Date DESCRIPTION CONTINUED. . . ; t PARCEL V: " * A portion of that certain 86i00 acre parcel in the Rancho Corte De y Madera, as described in the Deed from Folger to Carlson recorded August 23, 1951: in Book 2118 at Page 459 of Official Records of San Mateo County, California, more particularly described as : BEGINNING at a point which bears North lb° 20' West 136.45 feet from the * most Northerly corner of the lands described in Deed from Oretta D • i Carlson et al to Robert A. Grimm and wife, recorded April 1, 1954 in Book 2560 at Page 536 Official Records , San Mateo County, California; thence worth 870 31' East 143. 48 feet ; th---nce North 590 00' East 78. 00 ' ♦ feet; thence North 800 53' East 45. 00 fe,t ; thence North 180 26 ' 30" West 175 . 25 feet ; thence South 79 3^ ' East 227. 00 feet ; thence Southerly on a 1525 foot radius crime to the right from a tangent bearing South 110 03' East through o 1 • distance of 180. 10 fee ' g _ central angle of 6 46 an arc , ♦ t to the point c� beginning. ♦ PARCEL VI : ♦ * TOGETHER StiI2H an easement - • ingress , egress and utilities, within .a strip of land 35 feet wide lying contiguous to and Westerly of the Westerly line of the above desc ribed lands and within a strip of land 20 • feet wide, the center Tine cf, which be gins at a 43' West 25. 00 feet from the Southwesterly corner pofn the labove stant described lands and runs thence Southerly on a 1500 foot radius curve to the ' right, from a tangent which bears South 4* 07' East, through a central ' angle of ?° 28 ' 22" an arc distance of 200 feet and compounding to the ' right, South.,7esterl right, an arc y and r ;'*esterly on a 100 foot radius curve to the ig f c distance o: 192 feet, more or less, to the Easterly line o= the public roe'; knL� ^ ' La Honda Road, and the terminus of said easement. * * Said easement a^^urtenant to Parcel I above and was created by that certain DeeA- May r_:orded , 1956 in o 3020 of official Records at Page 192 ( Fi1G No> 52233-N) Records ofSanMateo County, California. DESCRIPTION C0NTTN-UED. > ♦ * ♦ ♦ tM ♦ r ♦ * ♦ * ♦ r R ♦ Page_ 1,4_o!_ r EXHISIT rt nil'n'•_ i eat .._. * FounDERS TITLE COMP©nY ORDER NO. 619755 * 2nd Run-to-Date » DESCRIPTION CONTINUED. . . » PARCEL IV: » * » * An easement for ingress , ecress and Public Utilities across a strip of » land 25 feet wide, as reserved in the Deed from San Mateo County Title Company , :a corporation to Kay K♦ Strauss and Berdine H. Strauss, 'his » wife , as Joint Tenants , dated August 19, 1955 and recorded August 19, 1955 in Book 2860 of Official Records at Page 742 (File No. 78997-M) , » * Records of San Mateo County, California, and more particularly described as follows: * • BEGINNING at the most Easterly corner of the parcel described in the " above referred to Deed to Kay K. Stra' s_s , et ux, and running thence * • along the exterior boundary thereof, `.�rtr�w=steely along a curve to the • right, with a radius cf 35 fee�, tangent to the succeeding course, an ' arc distance of 30. 29 feet; thence N_1rth 8= 20' west 21 feet; thence » Northwesterly among a� cr�;e to the 1=ft, with a radius of 125 feet, an _ fee arc distance of 103. . 1 - t; , thence t�cr-h 55' 57' 50" West 102. 69 feet; * thence westerly alonS _= curve to the left, with a radius of 125 feet, an arc distance of 69. 16 feet; thence North 870 40' West 84. 69 feet; thence Southerly along a curve to t e left,' - eft, with a radius of 35 feet, an arc • distance of 85. 15 feet; th=-z= South 470 04 ' 40" East 59. 68 feet; thence Southerlyalong a curve t e g .. _ _ right,h,., with a radius of 60 feet an arc distance of 93. 426 feet , thence South 47* 50 ' East 25 feet ; thence Northerly along a curve to the left, with a radius of 85 feet, tangent » • to the succeeding course , an arc distance of 132. 40 feet; thence North 470 04 ' 40" West 59. 68 feet ; thence Northerly along a curve to the • right, with a radius of 10 feet, an are distance of 24. 33 feet; thence » South 87* 40' East 84. 89 feet ; thence Southeasterly along a curve to the » • right, with a radius of 100 feet, an arc distance of 55. 33 feet; thence South 550 57 ' S0" East _? L 2. 09 feet ; thence Southeasterly along a curve » to the right-h t wi t�: a �-,. 9 of 100 feet, an arc distance of 83.13 feet; thence SouthEas-:: 21. 00 feet; thence Southeasterly along a curve » to the left with a radius of 60 feet, an arc distance of 43. 70 feet; thence North 5 36 ' 30" East 25. 78 feet to the point of beginning. Said easement was cre ated by reservation in the above mentioned Deed to ,. Kay K. Strauss , = t ux, recorded in Book 2860 of Official Records at Page 742, and is az:­r tenant to a 16 acre tract described in the Deed from Oretta D. Carlson to San Mateo County Title Company, recorded April 13, 1955 in Book 2777 of Official Records at Page 372 e 9 ( File No. 421 27 M Records of San Mateo County, California . ) ` * * DESCRIPTION CONTINUED. * * * • * * • * r * , l FC—IUAU * .. • FounDERS TITLE company ORDER NO. 619755 * 2nd Run-to-Date * ' PARCEL II CONTINUED. . ' * * * ALSO an easement for ingress * Parcel : and egress over the following described * BEGINNING at an existing concrete monument in the Northerly line of the ; * Rancho El Corte Madera, marking the Northwest corner of that certain ' 5• 60 acre tract, as she- n on the record of Survey Map filed in the ' • office of the County Recorder of San Mateo County, State of California on October 23 1950 in Book 2 of Li 99; and running thence aloe Licensed Land Surveyor 's Maps at Page 89; 00' i�estrunning 30. th � g the Northerly line of said Rancho, South feet; thence leaving said Northerly line, South 8* ► 43' 10" West 209. 22 feat• � t ° ' thence North 730 15' East 30 09 fee --; thence 6 North 21°t 061 50" (West 358. 50 feet; thence North 80 43' 1C" E-s- beginning . - 206. 39 feet to the point of Said easements are a-c'- '"tanar.t to pay n, * reservations in Deed = - c-1 I herein and were created by Oret=a D• Zarljon, et al, to San Mateo County ; Title Company , a carpora:ion, dated '•.ay 19 54 in Book 2- - - - 10, 1954 and recorded May 26, Records of San �a c= o , C Re cofo -Is at Page 612 (File No. 59322-L) , --- _eo Cu....-_J, Califor-� i a . PARCEL III : * An easement for ingr�s � and egress and Public Utilities over the following described Parcel : BEGINNING at a point in *F the line dividing the lands of Folger and the • lands Of Hooper , which said line is also the Northerly line of the ' Rancho E1 Corte Madera the • office of the County 4� Y� patent of said Rancho being recorded in the ' Recorder of San Mateo County, State of California an December 21, 1858 =ook 1 of Patents at Page 20; said point being distant alone - r * 89° 0p' �.:Q` L- =poi'= :a line of the Rancho E Madera 1 Corte , South the ;,` , .�;is "' ` =rom the center of a redwood tree marking on ground - �on-ot "Station 22" on the boundary of said Rancho E1 Corte tia^er= ; �e� ,-R fra,z said point of beginning line of said ;-h 9 g along the Northerly - cho El Carte Madera ° leaving said, line , `oY`;, l° , South 89 West 45 feet; thence ' finest 5 feet, more or less, to the Southerly ; * line of the Porto la Rand • t!�e to th nc_p Easterly, along said Southerly line, 45 feet, more or 1=ss e point of beginning. Said easement is appurtenant * • by De Quieting Title reca dedMay 29, 1963ain Book 4466 of Officialrcel I and was creal Recordscree at Page 60$ ( File No. 97877-V) , Records of San Mateo County, California. DESCRIPTION CONTINUED. ; * * X iT T T ! } a # µ ♦'rt i T # ♦r# T ♦ ! # ! ! i # # T ♦ rt ! ! rt ♦ # rt r r ; » • r * ! Fo u n D E R S TITLE company ' ORDER NO. 619755 » * 2nd Run-to-Date » PARCEL I CONTINUED. » " ► (e ) ALSO EXCEPTING THEREFPO�-i that certain parcel of land described as follows: * * BEGINNING at a point which bears South 89° 00' West 30.44 feet South 80 43' 10" hest 209 . 22 feet and South 210 06 ' 50" East 364. 22 feet from a concrete monument in the Northerly line of said Rancho marking the * Northwesterly corner of that certain 5. 60 acre tract shown on record of survey map filed in the office of the Recorder of San Mateo County on October 23, 1950 in Book 2 of Licensed Lard Surveyors ' Maps at Page 99, said point of beginning being the most westerly corner of land described * in Deed from Oretta D. Carlson et rl to Rich .- M. Carlson and wife dated June 28, 1954 and recorded June 29 , 1954iindBook 2607 at Page 401,' Official Records of San Mateo County ( 5 101 L) ; thence from said point of beginning North 730 15 ' East 50. 14 feet to the Southwesterly line of ♦ land described in Deed from Herbert T. Ellis and wife to Kay K. Strauss • and wife date d and recorded ;,Lgust 19 , 1955 in Book 2860 at Page 740, Official Records ( 78996 M) ; thence along said Southwesterly line South 210 06 50" East 9. 56 feet to an angle point in said line ; thence South ' 8" 50 ' West 63. 96 feet to a point in the Southwesterly line of lands described in Deed to Richard NI . thence North 350 50' west along said Carlson So thwesterly linen 71. 13re n feet eto } the point of beginning. » • PARCEL II : ; * » An easement for water pipe and Public Utilities over a strip of land 10: feet in width 1 ,ying contiguous to and measured at right angles "Southeasterly from the following described line - * BEGINNING ar = rout on the Northerly line of the t eO Rancho E1 Corte Madera, di s:a- � _rm, . o » n South 89 00� West 30.44 feet from an existing » concrete -a-- , ing the Northwest corner of that certain 5.60 acre »* tract, as s ^� cn Record of Survey Map filed in the office of the County Recorder of San Mateo County, State of California on October 23, »1950 in Volu:7e = of Licensed Land Surveyors Maps at Page 99, and running thence South 80 43' 10" West 340 feet, more or less, to the Northerly »line of the above described parcel . » » » ♦ DESCRIPTION CONTINUED. EXHIBIT ♦ " r » r yr. ♦ » » r » ♦ r » r » r " ! • ♦ r r ♦ d UE C•lrriuTageoj if * F©u n O E R S TITLE COMPtiny � ORDER No. 619755 2nd Run-to-Date . } PARCEL I CONTINUED. . . * ' * * line of that certain Q. 'Q80 of an acre parcel described in the Deed to the State of California, recorded July 14, 1955 in Book 2837 of Official > Records at Page 128 9 (File ?vo. 68336-M) , Records of San Mateo County, California ; thence along said Northeasterly line (using Division of * Highway bearing ) , South 500 25' 15" East 67. 59 feet to the Northwesterly line of said State Highway No. 107; thence along the general North- westerly, Northerly and Northeasterly line of said , 3000 fee Highwa more or less, to the Northwesterlyline y t' in the Deed to Robert A. Grimm, et ux , recorded Aprila , 1954rineBook 2560 of Official Records at Page 536 ( File No. 4 County, California; thence alongthe ;orth� ..L} ' Records of San Mateo ; 4 L sterly line of said last • * mentioned parcel , North 23° 52' 4Q" �� -- * most Northerly corner thereof . thence on CC-Inu,`^eet , more or less, to the ; ' line of said parcel , South 68 37 ;uy East 55�a along the Northeasterly 23 ' 10" East 201. 16 feet to c , �� ' feet and South 37 tract e r e : -_r; J boundary of the 86 acre * yereinabov� first mentioned ; tr.e �ce�along said Southeasterly * boundary , north SQ° 02 ' East 888. 64 r Gam ;, -_ - to the point of beginning. EXCEPTING, HOWEVER, from said above interest in lands conveyed by the following : described parcel , all lands or + r * ( a) Deed from San Mateo County Title Company to Kay K. Strauss and Sardine F . Strauss, his wife, as Joint Tenants , ate August. and recorded August 19, 1955 in Book 2860 of Official Recordsla, 1955 t Page * 742 ( File No. 78997-M) , Records of San Mateo County, California. t b) Deed from Oretta D. Carlson and Richard M . Carlson to Richard H. Taylor and Alice Jean Taylor, his wife, dated May 4, 1956 and recorded * May 8 , 1956 in Book 302C of Official Records at Page 192 ( File No. 52233-N) , Rcccrds of Sa-: Mateo County, California. • ( c) De _,. r � Deed =-^_•., e , `a Carlson to State of California, dated July 7, • 1961 and rec.:�r�fed •c;,;s- t * Page 657 2, 1961 in Book 4Q28 of Official Records at • * ( E i �- �„ °•o• �15i5-� 1 , Records of San Mateo County, California. * ( d ) Deed Orett ' Carlson his a D. Carlson to Richard M . Carlson and Venis ' wife , as Joint Tenants , dated February 25, 1964 and * recorded rebr� ry 27, 1964 in Book 4655 of Official Records at Page 284 * ( File No. 93964-:ti ) , Records of San Mateo County, California. • t t • DESCRIPTION CONTINUED. ♦ y. * t ♦ * t ♦ . ♦ t ♦ t ♦ t • Page__.l_c)_of-1-5�Pages t * ' Fo u n o E R S TITLE company * ORDER NO. 619755 » ' 2nd Run-to-Date > * f EXHIBIT A > > PArCEL I „ > All that' certain real property situate in the Town of Woodside, County of San Mateo, State of California, and being a portion of the property ; forr,,er1y of the F'olger Estate, lying partly within the boundary of the » Rancho El Corte Madera and partly within the boundary of the Rancho " > Canada de Raymundo, and being more particularly described as follows: » > ' EE GINNING at the most. Easterly corner of that certain 86 acre tract of # laic described in the Eeed frcm James r = : earn Fo2Qer and Peter Folger, as trustees to Cretta D . Carlson , a widow , dated June 19, 1951 and » recorded August 23, 1951 in Book 2118 of Official Records at Page 459 " > ( File No. 556 50-j) _ - ,;_ Records of San _moo County, California; running thence from saia ^oir.t g r c; beginnin al-nz; the Northeasterly boundary of , said 86 acre tract, '�o.th 35' 09' 10" �:est 349. 02 feet, North 30° 16' w ;,;est 244 . 21 feet, t:or th 3cs° 41' 10" West 456. 28 feet to the South- > easterly line o_ l-. ;- 'c . �� •y an"S _ �_ aed to Richard M. Carlson, et ux, by Deed recorded June 29, I754 in Book 2607 of Official Records at Page 401 ; ( Pyle No. 67101'L) , =�ecor s of San Mateo County, California ; thence along the Southeaster?. bc :,c Yy a� of said last mentioned parcel, South , 46° 30 ' 20" West 33. 45 f _ and South 610 24' 30" West 80. 30 feet to the Southerly corner of lands conveyed to Richard M. Carlson, et ux, by Deed ' recorded November 17, 1955 in Book 2917 of Official Records at Page 712, Records of San i, ateo County, California ; thence along the Southwesterly » boundary thereof North 55° 42' 30" West 206. 81 feet; thence North 8' 50 ' East 164 . 00 feet and North 211 06' 50" West 9. 56 feet to the Southerly ' line of lands described in the Deed to San Mateo County Title Company, a corporation , recorded '-=Y 26, 1954 in Book 2588 of Official Records at Pace 612, ae,:or?s Of =an tateo County, California ; thence along the general South=�_c �=r1�- h;u; ~ary of said last mentioned parcel, South 730 15 ' West 50 . _ _e=t, North 350 50' West 255. 98 feet, North 81* 45' West ' 262. 00 fee` ar' North 1:° 57 ' 50" West 85. 00 feet to the Southerly line ' of lands cc 1.-te = .- , * _ e� t© F,.wa�a William Schlies , et ux, by Deed recorded w June 6 , 1952 -: =00k 2250 of Official Records at Page 443 g ( File No. 8716-K ) , Records of San t,:ateo County , California ; thence along the w South ����Southerly r 1 b Q 4.a .7..a of *Y -,�� said Last mentioned lands Sou a � ��> - South 6G 33� 10 West 46 � *. 35 feet to a point in said boundary ; thence forth 750 10' 50" West 93. 91 feet, North 820 G1' West 162. 11 feet, North 730 28' West 75.41 feet, and North 410 West 53 feet, more or less, to the Southeasterly boundary of California State Highway No. 107, former known as La Honda ; County Road, Route 6 , Division 2 ; thence in a general Southwesterly direction, following the Southeasterly boundary of said last mentioned hi^,h,.,ay, for a distance of 2100 feet, more or less, to the Northeasterly ' w w w DESCRIPTION CONTINUED. * fty� SCE '+Y rr rr �. rrrr'rr Air ,► « rr « « r « « .. • . • * « « . « • « • « r « rr rrrrrrrr r r • ♦ rrrrr • sr • rs ryrrr rr « * . Fo u n D E R S TITLE COMPOnY * ORDER No. 619755 2nd Run-to-Date * * NOTE : Taxes, general and special ' for the fiscal year 1985&$6, as follows : Assessor 's Parcel No. : 075-070-020 • ► Code No. 015-018 ! * ' 1st Installment $93,17 2nd Installment $93.17 } * Affects PARCEL V. * NOTE : Taxes, general and special , for the fiscal year 1985&86, as ! follows: ss¢ssor ' s Parcel No. . 7:,-060-110 * Code No. 015-018 • . * 1st Installmentl3. 25 ' 2nd Ins t. allmenL Affects PARCEL VI,• } NOTE : According to the Records , there have been no Deeds convey- ing the property descr_t__ _^ this Report recorded within a period of • six months prlor to the u__ hereof except as follows: NONE FWAjra-5 • FTC-2 ! * ! r * ! * ! * ! * s ! ! * ! ! • ! • * ! • ! ! • ! ! ! ! ! r 1 S_P.tgts ! ! E/g HIBr ♦ ♦ « ♦ ♦ • • • • ♦ ♦ ♦ « ♦ ♦ ;, ♦ ♦ • ♦ .-, _ ., .. - - - - - - - - _ 'fir _ �. f ♦ iF ♦ ,# + # # # w ♦ w +# M +► • � # • ,, ♦ w # a # ♦ w w ♦ w w # • • • ♦ ♦ ♦ w • ♦ M • f +► • w ♦ +1tw * w • s ♦ • 4 • • l +It ; 4 • iM aF s w r ► * F©unDERS TITLE company * ORDER NO. 619755 + ' 2nd Run-to-Date 25. Any Interest of the souse of Parviz Kamangar and the Requirement • that said spouse join in the exe'dution of any and all Documents 'affecting said land. ,. » 26. A Resolution of the Board of Directors of Parnas Corporation, a corporation, must be submitted, authorizing execution and delivery of the Deed to the Vestee herein, recorded March 2, 1979, in Reel 7826, at ►Image 951, Official Records. » » » follows axes, general and special , for the fiscal year 1985&86, as Assessor ' s Parcel No. : 075-070-040 * Code No. 015-018 * 1st Installment S1, 126. 4� 2nd Installment $1, 126. 45 » » Affects a portion of ?A RC E L I * » NOTE : Taxes , genera! and special , for the fiscal year 1985&86, as follows : » Assessor 's Parcel No. : 075-060-140 e Code No. 015-01-8 ' 1st Installment » $567. 93 » 2nd Installment : $567. 93 M » Affects a portion of PARCEL I. s NOTE : Taxes , general special , for the fiscal year 1985&86, as * follows: - * • Assessor ' s s 015-Q60-160 Code No. G15-018 » * is t Install;rert S567. 93 » • 2nd Installment : $567. 93 * Affects a portion of PARCEL I. '* * » * * • » » * » » r » r r * » s • • r s * I I1}'f'.iiln � hI Y # ��{'� is ► ► •.► ♦ r . + • + +'♦ . �► iaa • a . ♦ • + • • + • .r • + • +► ♦ • ♦•s • • ♦ ,.a +► ♦ ♦ + � ♦ • ♦ +► • ra � ♦ a ♦ . ♦ s�.+► t ► ,trt4 ► * sa>+► s * ' FounDERS TITLE Company * ORDER NO. 619755 * 2nd Run-to-Date * * * ' 20. Easement for Public Utilities and incidental purposes , P Poses , together with „ the right of ingress and egress thereto, as contained in the Deed executed by San Mateo Court Title Company, y P Y, a corporation, to Pacific Gas and Electric Company , a California 1961, in Book 3952, at Page745, Official Records.on, recorded March 20, * ' Affects PARCEL I. ' * t * ' 21ee * • E_-_- . . nt for Public Utilities and incidental purposes, as contained ' in the D=ed executed by San Mateo County Title Company, a corporation, * to Pacific Gas and Electric Company anti The Pacific Telephone and ' Telegraph Company , California corpora Lions, recorded March 29, 1961, in Book 3952, at Page 44, Official Records . Affects PARCEL 1 . > 22 • Lase-;.`nt for ingress and egress, as contained in the Deed executed by Cr e t D. Carlson, a widow, to Rich__; t%f. Carlson and Venis Carlson, ' his i =e , as Join_ Tenants, recorded Fetruary 27, 1964, in Book 4655, at : Page 284 , Official Records . 23 . r. perpetual and assignable easement and right of way 100 feet in width for the location cons f * . - _ruction and operation of electric trans- : mission lines consisting of one or more lines of poles and towers over a ' } Porticn of said land , as taken by United States of America in the Declaration of Taking , recorded May 6, 1964, Book 4705, Page 262, Official Records . Said Declaration has beer,. amended by instrument recorded October 13, 1965, in Book 5043, Page 387, Official_ Records . * Affects P� RCIL_ l End Va. 24. Deed o_ -- -- - to secure an indebtedness of the amount stated below and any ct.. __ _-cents payable under the terms thereof, y Amount . $143, 000. 00 Trustcrf`E.. _ rc..e_ Robert L. Gray and Maureen S. Gray, his wife ' Trus i:e e : Transamerica Title Insurance Company , a California corporation Bene ' Diary/Lender . Oretta D. Carlson, ' Dater July a widow - : ly 18, 1967 • Recor c : July 24, 1967, in Book 5339, at Page 318, • Official Records ' Loan '.o. : Not shown * Returned to Address . Not shown * 6 uf_ 15Pacses * * FOunDERS TITLE COMP(IDY * ORDER No. 619755 * * * 2nd Run-to-Date » * 14. A Waiver of Claims for damages, As contained in the Deed executed b Ric hard ark M. Carlson, a married man and Oretta D. Carlson, a widow to the State of California recorded July 14, 1955, in Book 2837, at Page 128, ' Official Records . * » Affects PARCEL I . 15, Easement for Public Utilities, together with the right of ingress and egress thereto, as contained in the Deed executed by San Mateo " County Title Company , a corporation, Herbert T. Ellis and Merelyn Ellis, * his wife, Richard M. Carlson and Venis Carlson, his wife, to Ray K. Strauss and Berdi::e H. Strauss , his* wife, August 19, 1955, in Book 2860 at Page - as Joint Tenants, recorded ' _ ,- Official Records. ' Affects PARCEL I. * 16. Easement fo: ?u:,_ic Utilities, together with the right of ingress and egress contained tained 1n: the Deed executed by San Mateo • ' County Title ^a ' corporation ► to fay K. Strauss and Berdine H. * Strauss, his z:i_ ecardes September 26, 1955, in Book 2882, at Page 456, Official RecO.cs ♦ * * * Affects PARCEL I. 17, Easement for Public vrt41ties and incidental purposes, as contained in the Deed execrates .,v San Mateo County Title Company, a corporation, * to Richard M. Carlson and Venis Carlson, his wife, recorded November 17, 1955, in Bock 2917, at Page 712, Official Records. * Affects PARCEL I. * * * Easemen-: _ o- = --- - � e= , together with the right of ingress and egress there s con-ained in the Deed executed by Oretta D. Carlson a * widow and __._r� _._ Carlson, her son, to Richard H. Taylor and Alice Jean Taylo s _»__e , recorded May 8, 1956, in Book 3020, at Page 192, • Official Rec;:r * » Affects PARCc_ - * ** 19 Easement _- OY _ L.,o lic Utilities, together with the right of a � ingress r and e 9 ess egress � 9 r.9 ere �o , as contained in the Deed executed b Or '» C , • Oret ta a D 1 *s Y Carlson, a wid ow, to J � , Richard M. Carlson and Venis Carlson, his wife a *» o s Joint t Tenants , recorded November 17, 1959, in Book 3706, at Page 748, • Official Records . * * * Affects PARCEL I. * * * * » * * * * » 15 Of * itl IT » 1 I . wrtrwrxrtwa l. swa• wrww rr rwrrr • r rw r wr ww rwwwrt ww w + rrrtw • wwrrr r rww • r`rt ►w wwrtwa►♦ . * s w * * FounDERS TITLE COMP©nY * * ORDER NO. 619755 " 2nd Run-to-Date * * 8. Easement for road purposes , over portion. of the herein described Property included within roads , as shown on the Map hereinafter mentioned and referred to in the description. ' 9. Free and natural flow of the waters of the Alembique Creek, over a portion of the herein described property as shown upon the recorded Map. t » * 10. Possible easements for all water pipes to convey water from Alembique Creek to neighboring lands , as disclosed by various matters of record. * * 11. Reser vations as reserved in the Reed executed by James Athearn Folger and Peter Folger, as Trustees of the Trusts under the Will of Clara E . L. Folger, also known as Clara Eugenia Folger, deceased, and Sarah Evelyn Donohoe, James Athearn F role e r and * Q Peter i er Folger D. Carlson, a widow, recorded -_ugust 23, 1951 in Book 2118at Pager459, Official Records . + 12 . Right of ti..ay for ublic Utilities and incidental ur os• es s can a. twin -,� P P , contained in ��. �� Deed executed by Edith Parks Cunningham, as ».� 9 Guardian of The Estate of � eslew Parrs Cunning ham, also. _ - g . known as Pa rks John Cunningham, and parks CLn^;ngham, an incompetent person G » t 2f P . to retta D. Carlson, recorded Augus Records . 1951, in Book 2118, at Page 464, Official r * ' 13. An easement affecting that t * portion of said land and for the purposes stated herein and incidental purposes as rov '• p ided in the following : Instrument : Deed Granted to : Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, .G corporations * For _u:__c utilities Recorded - _ J- -= l8 19», in Book 2724, at Page 558 Cf ficial Records ' Affects * * * • * • * • * r » r • • • * • * » * r * • * • # » * . FOunDERS TITLE COMPGnY ' ORDER NO. * 619755 * 2nd Run-to-Date » 3. Tax Sale to State of California, as follows: For the fiscal year 1981&82, and subsequent delinquencies, Assessor ' s Parcel No. : 075-060-140 » Amount to Redeem : $8,293. 51 » Prior to : October 31, 1986 ' i Sale No. • 6764 » s „ Affects portion of PARCEL I. » * » 4. Tax Sale to State of California, as follows:* * For the fiscal year 1981&82, and subsequent delinquencies, » Assessor ' s Parcel No. 075-060-160 * Amount to Redeem $ 8, 293. 51 ' ' Prior to : October 31, 19e^5 » Sale No. : 6765 * Affects portion of PARCEL I • 5 . Tax Sale to State of California, as follows: * For the fiscal » year 1981&82, and subsequent delinquencies, Assessor' s Parcel No. : 075-070-020 * • Amount to Redeem : S1, 306. 63 ' Prior to n� • : Cc _ �.;er 31, 1986 Sale No. * * * Affects PARCEL Tyr• » * 6 . Tax Sale tc Ste of California,�.alifoi as follows: * * For the fiscal gear 1961& 82 , and subsequent delinquencies, * Assessor ' s Parcel- » No. : 075-060-110 ' Amount to Redeem » $ 115. 83 * Prior to . October 31, 1986 * 6 763 * ' Affects PARCEL VII. * * 7. "The lien of supplemental taxes , if an * Y. assessed pursuant to the Provisions of Section 75, et se . " q • of the Revenue and Taxation Code of the State of California" . s s •_ 3—°` Par1 _ ♦. r » EXHIBIT '� :+ . wt ,► : * *"r,r * * * • * + w � . ,r . . * * ,r . # . . * srw +r * s ,r . rs,► sr« wss,► ft ,► . * ,w � . . rtt► ft** s .�►* .y . wtr* * * i * ORDER NO. 619755 # * 2nd Run-to-Date ; * 40 * The land referred to in this Report is situated in the State of California,County of San Mateo # * # ' and is described as follows: Town of Woodside ' * # * s ' See EXHIBIT "A" # r ♦ # * # ♦ # r # * # ♦ •R r # * 1c * # r # # # # ♦ # ♦ # s # ♦ # ♦ # ♦ # ♦ # ♦ # s # ♦ # r # r At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy.form would be as « follows: # 1. Taxes, general and special, for the fiscal year 1956&87, a lien not .,yet due or payable. # # ' 2 Tax Sala =o State Of California, as follows: , ► * For the f isc=_ v:-=-- _ -..� 198-&82, and subsequent delinquencies, # Assessor' s Par--el No. : 075-070-040 ' # # ' Amount to Redper;. : $16, 513. 35 # • Prior to # * : October 31, 1986 # r Sale No. : 6769 # * # # * Affects portion of PARCEL I. r # t # r � r # r � r # r + r � * 2 # ,. 15 Page _ of Pa• ___ ges } } } } # Y Y Y } � } ♦ # ,M, } } Y Y Y Y rt # rt Y rt rt Y } } } # Y Y rt Y rt } Y rt i # } Y rt } } # Y Y Y } } 4 Y Y y''y}� Y *•'�"rt'�°�i 4 PLEASE ADDRESS ALL 0 IM vj I ij 'y INQUIRES AND 41 lawCORRESPONDENCE 40 E S TITLE d" C M ..­;.X;,rton..;f PIP Cay�CA..-p4ti T. It t*"'"it"F!"d. Mim.CA 140* j 12:1 T-:- 915, 1­7 (-A 1,1--44 CA44615 116.Fl-k-r Cdy.CA 441-" 9-17-86 RWC-3 "A"—I PRELIMINARY REPORT Issued for the sole use of: Our Order No. 619755 2nd Run—to—Date Mid Peninsula Regional Reference Open Space District Old Mill Office Center When Replying Please Contact: 201 San Antonio Center `4C135 T Redwood City Office Mountain View, CA 94040 Attention: C. Britt,-on Property Address: 0 in response to the above referentceZ acp!i_-Vjon fora policy of ti,,,e sris-_­nce. Founders Title Company hereby reports that it is prepared to issue, or cause tc as of the date herec-, a P-_ '�CY or Policies of Title Insurance describing the land and the estate or interest there�n set fci Vi, insurirz a!-;,nst less which defect, 1;en or e�ncurnbrance -0- 7��: may be sustained by reason of any I ';" :irrefered to as an Exce.1non or not excluded from coverage pursuant to the printed 3:,,edu!Ss, Con at:ans of said Policy The Printed Exceptions ar-,,:! =xc;,,,S :7s frzrn Z,4­,=_ coverage of said Policy or Policies are set forth In Schedule landSchedule I (continued) attached. Cc--,es of -n^e • -z,77s should be read. They are available from the office which issued this report. This reoort (and any sup-*,rerits or arr.=7 77e7:s hereto)is issued solely for the purpose of facilitating the issuance of a Policy Of title insurance ar,,:, no;ia--iij,Ly !*S assumed hereby. If it is desired that liability beassurned prior to the issuance of a Policy of title insurance, a 5incler or Corn. 1. should be requested. ► Dated as of Sep tamber 22 r 19 86, at 7:30 A.M. • • FOUNDERS TITLE COMPANY Title Officer • The form of policy of -S,.;- nce con, plated by this report is: a California Land Ti-Lle Association Standard Coverage Policy 1973, owner ' s pol-i cv" The estate or interest in the ia,-,d hereinafter described or referred to covered by this Report is: ►• FEE AS TO PARCELS I , V AND VII; EASEMENT AS TO PARCELS II, III, IV AND VI* Title to said estate or interest at the date hereof is vested in: as a PA RVIZ KAMANGER, who acquired Title * single man, by Deed recorded March 2, 1979, as to PARCELs I II and IV and by Deed recorded July 5, 1979, as to PARCELS V and VI,and, IIILF Y EQUIPMENT, LTD. , a Canadian corporation, by Deed recorded July 25, 1976, as to PARCEL VII . 1 15 Page of____pages FTG 1034z, meets or intersects the Westerly line of the said County Road and thence northeasterly on and along the northwesterly line of said County Road to the said point of commencement, the same being the parcel of land which is bounded on three sides thereof by Espinosa Road and on the other side thereof by the County Road. ALSO THAT CERTAIN triangular parcel bf land which is bounded on the Easterly side thereof by the Westerly line of the aforesaid County Road and on the other two sides thereof by the said Espinosa Road, as shown on the nap hereinabove referred to. PARCEL IV: THAT CERTAIN parcel of lard lying between the Southeasterly boundary line of Lots 9 and 13 and the Northwesterly boundary line of Dennis Martin Road: also that certain parcel Of land lying Northwesterlyin betwe,. Y 9 en the boundary line of Y Lot s lo- an ' to I line a.. Dennis � �- 2 and the Southeasterly is imar-in .Road, as show; on the reap hereinabove referred to. PARCEL V: THAT TRACT of land ra ed "PRESTON - °� from a point b_t;:�� yr ., R'�yL On said map which road runs ot- 1 and 6 to a oin Espinosa Road h_cae-- s P t where It intersects the _ . --is 5 and 8 . ALSO T ••--�H _E P _OIt.: of that certain c -_ -._:� tract of land marked "E" � ��said m r - "' SPIt.map which. runs rrc- c;oint n L is A on 3 to a line n a in the County Road between Lots A and �' saa�. -� •�sa Road which is the extension of the dividing line between Lots 9 and 1- in said tract extended in a tdortheasterly direction across said Lsp ^osa Road. AP• 075-112-020 075-112-040 -3PN 075 11 112 02 075-112-CSO Q� 75 11 112 04 075-123-C3C 075 11 112 05 075-134-10v 075 13 131 01 075-134-19� 075 13 131 02 A n �. 075 13 132 01 075-140-03-- 075 13 132 02 075-140 -, 075 13 133 01 075-151-C_; 075 13 134 100 075-212-03_ 075. 13 134 110 075-220-0- 075 14 140 03 075-220-052 075 14 140 04 075-220—vBL 075 15 151 01 075 21 212 09 075 22 220 04 075 22 220 05 075 ?7 2?n 08 Page D DESCRIPTION The land herein referred to .i.s situated in the State of California, County of San Mateo,and is described as follows: All those parcels as s 3,4n, on that certain map entitled "HtAP OF PORTOL- :TILLS SAN MAiEO COU14TY , CAL I FOP.2I IA", filed in the office of the County Recorder of San Mateo County, State of California on June 28, 1910 in Bock 7 of daps at page 20, more particularly described as follows: PARCEL I : Lots nu:ibered 4 , 5 , S , 9 , 10 "B" , i lot 1l , 12 , 13 , 19 , 34 and l, as shown on the map ; n _ - _ tittered PARCE L I I THAT PORTION of strip f lan:, Of m= ed ";:"^ER RESERVE NO nap herei::above referred to whit„ `" ' 1" on the is bounced Southerly by the Northerly line of said Lots 4 an:3 5 and which is bounded Northerly by the Southerly line of sa d Lots 2 and 3 as shown on map hereinabove referred ALSO THAT CLRTc1IN gcr-i cf the Tract of land marked "WATER on the map hereinabov= ief_rre- to which lies between Lot17andSLotE8. 1" 7%LSO THAT CERTAIN tract of land narked "t�PATER RESERVE No. 2" on said map which lies between Lot 23 and Lot 34 also certain tract of land marked "t:J:TEER RESERVE NO. 3" on said map which lies between Lots .3,3 and 34. ALSO THAT CEjZ'7' T•T, t•.a�` Or land shover. RESE:;VE NO. ,,` - - on Map as an extension of "WATER w :i c � i be Lots certain -s between s 34 and 35 and L tract oL ia. ,. marked "I-7ATE " of 36. Also that R F.ESERVE NO. 4 on said nap which lies between Lots �� a:^d 36 , and grater Reserve t:o. 30 and - 5 which lies between Lots 25, d 2° • -i=y t :a_ certain tract of land marked "STATER RESERVE NO. 6" on said map t:hic:-. Troy b�� - t4,een Lots 39 and 44 and Lots 40 and 43. Also that certain tract or la,f narked "WATER RESERVE NO. 7" on said map which lies between Lots -20 and 26 . PARCEL III : THAT CERTAIN parcel of land which is bounded by a line common at the point Of intersection of the Southerly line of Espinosa Road with the Westerly line of the County Road said point of commencement being also the Easterly corner of said parcel of land; running thence westerly on and along said Southerly line of Espinosa Road to an angle in said road; thence South- westerly on and along the Southeasterly line of said Espinosa Road to another angle therein; thence Southeasterly on and along line of said Espinosa Road to the the .3or`.Izeasterly point :here said last mentioned line EXHiBI Continued �-- paoc c -of � I 2 , 3 �°• j a r� «� 5 EXHIBIT "F" PROPERTY} b !� T That certain real property and irprovements thereon located 8 in the Town of Kocdside, Count =y- 1 - = - -ia�eo, State of California , more particularly described as f01, - • f0 Lots n urrberad 10 , 11 and 12 . ll � ' All as_ shown C:7'_hat certain map entitled "MAP OF PORTOLA HILLS SAN MATEO CO,U".^'?', C.'ALIFORNIA" , which map was filed in 13 the office of the ncvCrd=-r of the County of San Plateo, Stal r, 14 of California on June 29 , 1910 in Book 7 of Maps at page 20. 15 , I • 1.6 17 18 19 Z0 It 2l 22 23 24 25 26 I Al 1 � 3 EXHIB IT E (PROCI'ER) 5 That certain re al �,1 pr operty F perty and improvements thereon loci: ^c7 in t":� F f ' +e Town o�. cv ,�00 dsid._ L _6 , County of San Pba�eo, State of California , E Mo__ particularly described as follows : ..7 I Lots numbered 8 , 9 , 13 and 19 . •�8 � Also the extension of water zeserve No. 1 between lots 7 and 81 and water resorves 3 , 6 , and 7. also that certain parcel of lay lying between the I3 { Southeasterly boundary line c:f lots 9 and 13 and the Northwesterly boundary line ^� Dennis Martin Road. ' ll Also that certain parcel of land lying between the .12 Northwe,terly b ^dary line of sots 10 and Southeasterly line of Dennis Martin Road, 12 and the .6 i� 1 1� All as shown on that certain map entitled "MAP OF PORTOi.A id i ri'��5 SAN MATi0 COUNTY, CALIFORNIA" , which map was filed in tho ! 15 o=rice• of the Recorder of the County of San Mateo, State of 16 Callforni.a on 'June 28, 1910 in Book 7 of Maps at page 20. 17 18. 19 f! 20 i 21 22 23 24 25 i a i 26 0, j6..�w D•!!a L�l YY' � •1 R 3 Z e ! EXHIBIT "0" (ROSENBERG) 5 6 I That certain real property and improvements thereon located ­7 in the Town of Woodside, County o San Mateo State of California , j more particularly described as follows : ` Lots numbered 4 and 5. �9 1; f Also water reserve No. 1 exacpting therefrom the ZO extension thereof between lots 7 and 8 . 11 I Also that certain parcel o- land lying Northeasterly � Y 9 terly o 1^ lot 4 _and boon&ed on the North, West and South by Espinosa =_1? Road and on the East by the County Road. - ,13 �! Also that certain triangular parcel of land lying East of lot 4 , which is bounded on the Easterly side by the Wost•..ri •'14 ; line of the County Road and on the Northwesterly and f rt t it- westerly sides by the Southeasterly and Northwesterly linr, 15 of Espinosa Road. 16 Also that certain parcel of land marked "Espinosa Road" , which runs from a point in the Westerly line of the County tT i Road, between lots " tt �s A and 3 to a line in said Espinosa 1; Reaµ, whi cn is the extension of the dividing line betw-rn 18• �! lots 9 and 1= , extended in a Northeasterly direction .acr—wn.-I 5a_d Espinosa Road . 19 Al. n nil that portion or Preston Road, which runn ri-cm, .�Point between water reserve No. 1 to where it intersect. 20 ES'D :nosy Road, between lots 5 and 8. 21 ! All as shown on that certain map entitled "MOP OF P01111, li.A 22 HILLS SAN i•SATEO COUNTY, CALIFORNIA" , which map was filed in t:fic- k office of the Recorder of the County of San Mateo, State of 73 California on June 28 , 1910 in Book 7 of Maps at page 20. 24 i 75 26 i 1' ar i f 1 4 ' �~ T"XIITDIT "C" ? *. 5. t �aao) ' b .. That f t real � proper. _v and improvements� provemen is the recur 1 c,�•,,► c7 7 in the Town of Woodside, County of San Mateo, State of Califor-r,.i.�� more particularly described as fellows : 4 .Lot number 34 . Also wa -�.- '-es a_ _r.,�es Nos . 2 , 3 and 4 . 10 ,, Il A13 as shop:- on that cer`ain map entitled "MAP OF PORTOL _ 1? i BILLS S r:'v ,!A-j rQ CC '� CALIFORNIA A Il which map was filed in the -- office of the Recor�--- of the County of San Mateo, State of 13 California on dune 2J , 1910 in Book 7 of Maps at page 20. 14 15 16 17 I 18. 19 I 20 21 22 . 23 ., 74 25 26 I o � f s - - a Cl) ? c • ... 4 S r EXHIBIT "' (2ANO) ..a• ' = ] � � That certain real property and improvements thereon local. in the Town of Woodside, Count cf San 8 Y Mat eo, State of Cal i torni:s, more particularly described as follows : 9 , I 10 Lot lettered "g" -_11 All as shown on that certain nap entitled "MAP OF POPTOT SAr: :AT �w �11 -�-"1? HILLS r CALIFOR2�:IA , which map was filed in ' 13 ; the office of the Pero.--Ier o£ the County of San Mateo, State 14 of California on june 8 , 1910 in Book 7 of Maps at page 20 . j t5 16 17 18 19 20 21 22 ! i 73 I 24 E ' EX NWAT 25 3 ("Schilling Lands") That certain reel rnro p_rty and improvements thereon located in the Town o' t�toodsic;e, County of San Mateo, St��tc f ta{ California , more particularly described as follows : U E �.• ` Lots nur:bercd 4, 5, 8, 9. 10, 11, 12, 13. 19. 34 .and lot ! lettered •B". Also water reserves to. 1 and tic cmtcn-ion thereof between "�. lots 7 and 8 and water reserve r.u.:.'rr 2, 3, 4, 5. 6 and 7. Also that certain parcel of lard ' lot 4 and bounded on the North, ^?,`ithcasterly of t`- Road and on the East by the Co;.nty+=sz South by Espinosa � t i]ro that certain parcel of inr3 :r +^ •` .cttccn 0 Scothcasterly boundary line f 2c --a.' f - S r.-1 13 and Northwesterly boundary line of :-nris t:artin the ^-r f Roa 2 J Also that certain parcel of lan-2 bc•wccn ti;e North x^st^__ly boundary line r easterly line of Dennis Martin poy3.10 and 12 and the South- �-' Also that cartai, triangular `-cl Of land lying rant or lot 4, which is bzund :: on th�a-, line of the Cour_ :oad and cr .`, r1, side try the t:.•strrly '1 .c t:ortl.»1csterly an-3South- wcstcriy sides b;; t!�c Southeastcrly and Northwesterly line Of Espinosa Roati. Alro that certain p.irccl of lr.nt rirk.ed -C^pinot•1 Ito., w:iich rune fron a point in tl:c ::r •. rlJ• Zinc of the County Rocd, bctvccn lot, -A' and 3 to a lir,^ in said Cct,inos� i Road-, which is the c::tcnsion of the dividing 1 ins bctw,•,�n laid 9 and sa R c�:tr.ndcd in a Ntrthcasterly direction across or3. said Espinosa Al^o e:l that cortSon of rrectcn Pont]. which runs fro-, a rcint o=twccn wcte -rscrve NO. 1 to where it intersects Esp nssa F.oa�. ..__ ^cn lots 5 and a. s o.a '�`;, . c- t:�-t certain rap cntiCi^d 'ftAt+ OF FOP.TOI.A V:Li:S KATi'3 C U,':Ty, CALIFO'.::IA' which rap was filed in office of t�:c J'CCorflcr of t. County Of San biitco, state I cf Cclifcrnia on ;une 20, 1910 in Cook 7 of ri.1pr at page 20. i Et •t EXH)BM tl lt � I The undersigned concur in the foregoing judgment as to its form 2 and content, and agree to abide by all of the provisions there- 3 of 4 1TH in if De dant 5 :KAs M. GANO qIAVOSH INLt RC ZAND 7 � CLA IA ' N OyLE ROSENBERG 0 RY JEANI OSE: ER - 1 2 03E,. T S . PROCTER 3 VIRGI'_vIA S. PROCTER 14 =; 1 Approved as to form: 1 MITCHELL & HERZOG 1 By: 1 KEN I TCHELL Attorneys for Plaintiffs I i 2 21 LARRY46�Z_LEI Attorney for Defendants 22 5 T A TS C;i'ti:t l.Is(`i'::`ya^ �..�...........�..-..-„...� ` 5�.�•',�.:.`•:+:t�•�i' 23 C1er3:oT::-nF•:+1. .� y' . 1•. 24 CIOr.::_ • ti9 �;. ar„r i:ra: ::+c.�t file in :r ::y . ..-. �".` '?• _ lf: 25 c .: •: c•I uu s .:e a :�t a r_ ` .. �• 26 s _ ^east s ev k� : :::: c:r;•ti)�;t{a�!cr,.,..:;w•r_.,:(.u,:r: (]:$ �. F; _•.;... �,:• If 1 successors and assigns of each of them. 2 10. Except as expressly limited or otherwise provi- 3 ded herein, the benefits, rights and obligations imposed by 4 this judgment shall inure to the benefit of and be binding upon the heirs, representatives, successors and assigns of each of 6 the plaintiffs and defendant herein. For this purpose, Glenn 'i 7 I H. Procter and Carol L. Procter are deemed to be assigns of 8 ROBERT S. PROCTER and VIRGINIA S. PROCTER. I 9 11 . The parties here_o are ordered to execute, 10 deliver and record such further documments and instruments as 11 are --ea=cr-=b'_y necessary to car=y out the terms of this judg- 12 ment. 13 12 . Plaintiffs and the Defendant shall each pa his- y .� 14 and her own attorne_s , fees and costs herein and neither shall _. 1 I 15 I recover the same from the other. Upon the filing of this judg- � 16 ment, all matters set forth in -the complaint, cross complaint j 17 and other pleadings herein shall be deemed to have merged into 18 and =_ �- ===o__ed by the terms of this judgment. 19 ! 13 . By executing their separate concurrences in this i 20 j`d�_ the plaintiffs and the defendant, and each of them, I 21 do waive notice of entry of judgment, right to move for a new 22 trial, the right to further findings of fact and conclusions of 23 law, and the right to appeal herefrom./`_ 1 24 Dated: August ZZ , 1979 25 l; 26 I JUDGE 0 THE SUP RIO1� COUR f r I � � 1 I No. 5, 6 and 7 shall be binding upon any child of PRQCTER who 2 becomes the owner of any of said water reserves, but shall not 3 s be binding upon anv other person, firm, corporation or entity ,4 ,' who becomes the owner of any of said water reserves, by any means, who shall take title thereto free and clear of such `6 obligations . The rights of firs- g- refusal set forth above shall 7 not be operative in connection with if a any gift by PRQCTER of said ti . water reserves to any person, firm, corporation or entity ! ex- 9 f cept his children. j 10 if for any reason the division of land and the 11 lots designated on Portola ells Map comprising the "Schilling i - 12ands" is of are declared to be invalid and not legal lots and divisions fc_ �. _ 1 any reason, the then owners of the real 14 pro- erty which it the subject of this judgment shall take such 1 steps as are reasonably available to them to implement by subdivision Or other available methods a plan for partitioning 1 and dividing the Schilling Lands in substantial conformity to ---.---' Sion and creation of rights g is set forth in 19 tn.== so that each receives substantial ly the total 20 ordered herein, whether or not the particular � o zs •. =:li n the 'ai 21' tds received by each are created in said 22' subdivision or other process. The costs of said subdivision or other process shall be shared one-fourth (I 4' / ) each by GANQ, 20 24 ` ZAND, ROSENBERG and FROCTER, if they are then owners of the I' 25 !ITland, and if they are not, then the one-fourth (1/4) of said 26 ' costs which each would have paid shall be shared among the [161 s 9 r,'R ':gc of i 1 Road, as designated on the Portola Hills Map. 2 j The foregoing right• of ZAND to receive one-half (1/2) 3 ! of the net legal Consideration paid or delivered to PROCTER is M, G 4 ;' a personal right of ZAND, only, exercisable by him only if at 5 `; the time said water rights are transferred, ZAND then is the u 6 record owner of all or a part of Lot 34 as shown an the 7 Portola Hills Yap , and ZAND is they_ living. The rights of g I ZAND are not transferable by -lft , . • , bequest or devise, and shall 6 9 �; not inure to the benefit of a;: y of- the heirs , successors or 10 + assigns of ZAND. In the even- py3CTL7' proposes to sell, ex- 11 change , assign or transfer any of said Water Reserves No. 5, 12 6, or 7 , to any third party who till transfer or pay to PROCTER i� 13 a legal consideratlor therefor , then PROCTER shall notify ZAND, 14 GAIO and ROSENBERG, in writing , of said proposed transfer and I 15 the terms thereof. Within ten (10) days after receipt of said i 16 notice, ZAND, GANTO or ROSENBERG may elect, in writing, deli- 17 vered to PROCTER, to acquire title to said water reserve or 13 pater =esv=ves , on the same or better terms as those set forth 1 19 in -ne delivered by PROCTER. If said fi rst right of 20 refus-al is exercised by one or more such persons , then the 21 water reserves proposed to be transferred by PROCTER to the 22 third party shall be transferred to the highest and best bidder i 23 j; among the persons exercising the rights of first refusal, after 24 such persons have had reasonable opportunities to see each I� 25 ;` other ' s bids and amend their bids accordingly. The obligations of 26 PROCTER under this paragraph with respect to said Water Reserves [ 151 P.-Se X 0 1 in Water Reserves 1o. 5, 6, or 7. Said obligation shall be 2 �� secured by a new first deed of trust to be executed by PROCTER 3 1I as Trustors, for ZD, as beneficiary, to be a lien against said 4, j water Reserves No. 5, 6, and 7 . ZAND agrees g to execute a full 5 or partial reconveyance of the lien of said deed of trust in the 6 event of any sale, exchange, assignment. or transfer by PROCTER 7 i of any interest in said water reserves, so that the transferee r g i of said interest receives title :unencumbered thereby. In computing 9 !,' the net consideration o les-al ec ; ,-e_ion r e_ __ by PROCTER from said trans- .. � 10 1' "eree, there shall be deducte-' from the gross proceeds received ill ' each of the following : i ��2 A. All expenses of sale or transfer; I l3 B. All property taxes and assessments paid at 14 4;, any time by PROCTOR on the water reserves so sold, exchanged, 15 assigned or transferred; lb C. All costs and expenses of any type or nature 17 incurred b-, PROCTER at any time and directly attributable to 1 the T_a=er reser,%-e , or interest therein, so sold, exchanged, 1� assi or transferred, including, without limitation, all i' 20 mainte--aice thereof, insurance thereon and improvements thereto; 21 and 22 D. All costs and expenses incurred by PROCTER 23 at any time improving and maintaining that portion of Dennis 24 Martin Road which lies between the intersection of Dennis 25 Martin Road and tdater Reserve No . 5 and the intersection of the 26 County road (no%,, "Old Lailonda Road") and said Dennis Martin [ 14] hi Ji i Grant of Open-Space Easement with Covenants page 4 M Shall not cut, uproot or remove or permit the cutting, uprooting or removal of tlrz er or trees or other natural growth found or located on said Subject property except as may be .req aired for fire prevention, elimination of deceased th r ow g or construction rue ' on an d main- tenance of foot trails. (j ) Shall not excavate or grade or permit any excavation or grading to be done or place or allow to be placed any sand, soil, rock, gravel or any material whatsoever on Subject Property except for con- struction and maintenance of foot trails based upon a plan approved in advance by DISTRICT. (k) Shall not operate or perni- t-e operation on the Subject Property of any motor bike, trail bike , ro-cart or other motor-driven or Motor-powered vehicles except those :rotor vehicles reasonably necessary for the use of GRJNTCR and the accomplishment of the purpose for which the Subject Property is used pursuant to the terms and condi- tions, restrictions and covenants set forth herein for the Subject ?roperty. Grantor' s Rights 3. Notwithstanding any other provision hereof, this Easement --g_eement sna-_ nV: _ea=_ _, in any manner, GRANTOR'S right to develop any ,-:=_____ = Y- and g - - and/or Alembique Creek on the Subject Property, water lines (preferably underground) on the Subject Prop==__., and to remove water from the Subject Property. Suer. f=:-e' -,-,,�„�. - -o.-......nt o= water sources may include the pruning r_ o.,. trees, and/or the thinning and removal of vegetation, and elimina- tion of dead or diseased growth, provided tree pruning or removal is only commenced after a permit is obtained from the Town of Woodside as required by law. Grant of Open-Space Easement with Covenants Page 5 Right to Prevent Prohibited Use 4• GRANTOR grants to DISTRICT its Succ essors and assigns for the tern of this easement the right, but not the obligation, to enter upon thelSubject Property, at its own risk, for the following purposes: (a) To conduct regular general inspections of the Subject Property, in no event to exceed more than two (2) such regular general inspection once each calendar year, unless DISTRICT has reasonable cause to believe ��that GRANTOR is in material default of the terms of this Easement Agreement, in which c-�-r - snail have the _ :.., right ht to an interim general inspection at a,-.y ti7-= . (b} To inves 4I.gage an alleged specific violation of the _. Ease- ment' Agreement, n. t only after a bona d_ third party complaint t or Y P repdrt has been made to DISTRICT of such specific violation. (c) To investigate and, halt activityon or use e of the Subject Proojerty contrary to the __-^s of this Easement Agreement which, if not immediately acted upon, :+ould result in a material breach of this A ?reemtent causing irreparable harm to the open-space nature of the Subject Property ("Emergency Inspection") . With respect to the regular and interim general inspections re`e�red to sucpara.ra (a) , DISTRICT shall be required to give OR sere `= s _ _1cY written notice before conducting such in-- sp ' ecions . __=:=c_ to DISTRICT'S g the Subject ..__ y � -- right to enter j pr°' rty a=�-` - =ekort= Vtiolation pursuant to subparagraph (b) , DISTRICT sh required to give GRANTOR two (2) days i y prior notice in ttiriting or __ tele;Dh-ne before conducting such inspections. In the caseiof an Emergency Inspection referred to in subparagraph (c) , no prior, telephone or written notice shall be required from DISTRICT to GR= N'tlOR before DISTRICT enters upon the Subject Property, unless reason- able ',under the circumstances. i BIB" " .., Grant of ce- as en OPS a Easement ement with Co venants Page 6 Enforcement 5. The stated purposes , terms , conditions, restrictions and covenants set forth herein a::d each and all of them, including the right of DISTRICT to rec ire GRANTOR to perform any restoration work reasonably required due to a breach of this Easement Agreement, may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. No A�:'-_orizati on for Puhl yc Trespass 6 . The grarti ;g Of this Easement and its acceptance b P y the DISTRICT does not authorize and is not to be cc.nst_ued as authorizing the public or any member t;- e-e _ to trespass upon or use all or any portion of the Subject =rppertY or as granting to the public or any member thereof any tangible rights in or tc the Subject Property or the right to go upon or use or utilize t:�e Subject Property in any manner whatsoever_ It is understood that the ::__pose of this Easement is solely to restrict the use to which the Subject Property may be pint so that the Subject Property may be kept in its natural condition. R==e— `ion of Use by GRANTOR • t:_= right to use the Subject Property in any manner cons_s_e-t :tiit^ pe stated purposes, terms, conditions, restric- tions and ca:e-=_nts of this Easement Agreement, and with existing zoning and other laws , rules and regulations of the State of California, the County of San :'ateo, and the Town of Woodside, their successors or assigns, as such laws , rules and regulations may hereafter from time to time be amended. Nothing herein contained is to be construed as limiting GRANTOR'S use of the Subject Property in the Calculation of Development Density for the adjoining lands of GRANTOR; Provided, how- ever, that such development Density Calculation cannot be transferred or utilizes;: for lands other than the adjoining Lands of Grantor as of the date of this Easement Agreement. AIB"IT i y t3 tw Grant of Open-Space Easement with Covenants Page ? Enforceable Restriction 8. This Easement Agreement and each and every term, condition, restriction and covenant contained herein is intended for the benefit of the public and const_tu_es an enforceable restric tion pursuant to the provisions of Section 3 of Article XIII of the California Consti- tut on and Chapter 6 . 6 (co=m.encing with Section 51070) of Part 1, Div lion 1, Title 5 of the Government Code and shall bind GRANTOR and its successors and assigns and each and all of them and ` to run with the land. �s intended ,This a-,�!- Easement 1927eement has been execute d this 'i e on day of lase'. GRANTOR: By Siavosh Marc Zand ACCEPTANCE OF OPEN-SPACE EASEMENT WITH COVENANTS Pursuant :o tie P'Ov'.sion s of Chapter 6.6 of Part I. , Division I, I Title 5 of t Gove=^ e:t Code (commencing with Section 51070) and Section 55 0 0_ ;he Public Resources Code MIDPENINSULA REGIONAL OPEN SPACE' DISTRICT, hereby accepts this P grant of easement with the Covenants or t^ s day of 1986. DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT By President, Board of Directors Attest District GjA6,3ek. .. e _ ? K�.: ' , �'�; ���a�t l EXHIBIT A TO THE G NT OF O PEN-k SPACE EASEMENT WITH COVENANTS Q1 SPAc ;L 5. ����' .� �\ '�,•'.��err EXHIBIT B TO THE GRANT OF OPEN— SPACE EASEMENT WITH COVENANTS All that certain real propert of San y situated in the Town of Woodside, County Nateo, State of California, and being a portion of the property formerly known as the Foiger Estate and, sometime, tnereafter , bei � • Corporation Crag ��or`ion of the lands described in that n from Parnas Corporation to Parviz Ralt.angar , recorded on ii rch 2, 1979 in Book 7826 of Official Records at Page 951 (F_1e Zito . 79042AN Count ) . Records of San 14ateo y, California and being More particularly described as io3io'r;s, BEG_NNIING at a point on the northwesterly right-of-way of California State eighway ao . 107, jorllei ly known as La Honda y Road, Route 6, Division 2 t which 23 0 551 03 tt vs . h i ch said point bears North F" �J. L Ta fr om, .. G0 .00 fae� fL'G::. the southwesterly.. �..er 4h,. w 1 fermi couLse � , - rr�- .- ® �, :. Y terminus of shown : -r rr a� 181 .Io (course no 1S r 1. � E . {_. 65 41 EjE&C OF A RESU = } o. `ru` ax entitled "PARCEL 14AP l ivt,► i�c,S�RS-ON OF A ?=i�] ^�pF _..� 3—T RA RANCHO, iii% DESCRIBED .Liv' VOL. �c_... it.�Dz, BEING Gi the ='�' � - vv ., ?�i4 v.=. 72 . " „ filed in the Office Recorder of Luc County o= �z�'^ tiatc0 a^� � on October 2:, '��73 i i? iT01 ielE'r J5 ' t,.ato 01 California �-cel Maps at Pages 34 and .' tl anca fror/i�saiu po L L. oA ue lrl,-lJ.il� , .lc''a"v'iil WCJ tCL iy li 134"'V1�'n2w. cross — above g Said tvor h— _L ; and ��.g the lands described in the ^� f� O.R.lit^ �„l��V07ation Grant Dead (7826 VR f' e 30 ' ZTcst S00 feat 1'01 vl 9�1} Forth 23� less to the Southeasterly boundary of Said California Sta=_ :ightwa ' Southwester�y � 110 • 107; tj+cilt'.2 3i"j a yeil@rc'.1 dir2�tivix, s01j041Znc7 the Southeasterly jaid fast 1?tSiitiurla, %_-- ivYG boundary Of fGi o ` J_ 1?G�%cSs "- �L Y distance o feet, more or to t lla 1vv1 4l,aGstal-ly Bile Of that certain 0.080 of an acre !pai:ce,� u'e."�. cr ibed an the Deed to the State f ,Jul - 14 ^fi oj. California, recorded . ls�� in F>GOn 2`7 of Official Records at Page 128 (File No • 68336•-i•i) , Records Of Sari iiatcv � •r � ..w c��.Ong S2i; t?OrtP4wst2r �Vl'i114YI �.aA.L.L iliaf L-uexice . bearinv c. `L-- - r lY line (using Division of Highway . I} -11 3� =3 ' 15" East 67 5S fez'- to '- ,line Stu t= : • L. the Northwesterly zt O'- igiriay No . 107; thence along the general said Highway 1600 J_ point 0f, 4,_ nni�,c . -� Y L. more or less to the J r ! e -�i,.y lands thata.4 have e beendesc : li j conveyed asions call tOU in Parcel I of the above Iltfi'%iGl cQ Co_poration Grant. Deed 78 6 O.R. ) • t EXHIBIT • i i Pose of 8608 . 11-1 9544H AGREEMENT TO EXCHANGE REAL PROPERTY THIS AGREEMENT is made and entered into by and between Siavosh Marc Zand ( "ZAND" ) and Midpeninsula Regional Open Space District ( "DISTRICT" ) with respect to that certa in parcel of real property (the "Parcel" ) containing approximately 10 .69 acres located in the City of Woodside, County of San Mateo, State of California, Commonly known as Assessor 's Parcel Number 075-151-030 , and more fully described on Exhibit A attached hereto and incorporated herein by reference. ZAND presently owns a twenty-five percent ( 25% ) undivided interest in the Parcel, which undivided interest is evidenced by a Judgment entered August 22, 1979 , in Civil Action No. 228057 in the Superior Court of the State of California, County of San Mateo, secured by a deed of trust against the Parcel (the "Judgment and Deed of Trust' ) . Such twenty-five percent ( 25%) undivided interest in the Payee, is referred to herein as the "Subject K Property. " This Agreement is entered into in conjunction with DISTRICT 's acquisition from ZAND of real property adjacent to the Parcel pursuant to an agreement entered into on July 9, 1986 , as amended on August 13 , 1986 . ZAND and DISTRICT hereby agree to enter into an exchange transaction with respect to the Subject Property, on the following terms and conditions : 1. Like-kind Exchanqe . ZAND desires to transf er the h Subject Property to DISTRICT in exchange for other real property in a transaction that will qualify as a "like-kind exchange" with in hin the e m anin g of Section 1031 of the Internal Revenue Code of 1954 , as amended. ZAND agrees to transfer the Subject Property to DISTRICT, and DISTRICT agrees to acquire Page 2f the Subject Property from ZAND, in exchange for one or more parcels of real ro er P P ty (the "Exchange Property") designated in writing by ZAND to DISTRICT ,not later than forty-five ( 45) days following recordation of the transfer of the Subject Property from ZAND to DISTRICT. 2. Acquisition o£ Exchange Property, Upon designation Of the Exchange Property by ZAND, DISTRICT shall enter into a binding written .agreement with the owner or owners of the Exchange Property for the purchase or other acquisition of the Exchange Property. The terms and conditions of such agreement shall be as specified by v* -, �, �, zND to ZS_R�C: (and agreed to by the owner of the Exchange Property) , subject. to the approval o�, P f D ISIRICT, which apprcval shall not be withheld unreasonably. 3• F ail'-re =o Com^lete Exchange . If ZAND fails to _ designate t` �9 ne Exc_._.���-._- Pro Pr operty rty within forty-five ( 45) days following recorcatic-`cf the t y transfer of the Subje ct Property to DISTRICT or if t = -ransfer of the Exchange Property from DISTRICT to ZAND fails to occur within one hundred eighty (180) ' days following the recordation of the transfer of the Subject ' Property, then DISTRICT shall pay to ZAND, within twenty-one 1 ( 21) days following notification that such failure has occur red or will occur , cash in the amount of the value of the Subject (Property as set forth in paragraph 4. 4. Value of the Subject Property. The value of the ,Subject Property perty for purposes of exchange shall be Fifty-Five Thousand Dollars ($55,000 .00) . 5 . Value of the Exchange Property. The value of the Exchange Property for purposes of exchange shall be sum of the cash paid through escrow by DISTRICT to acquire such property, .including all closing costs incurred by DISTRICT in connection 14ith purchasing the Exchange Property. ' �: u - z 6 . D ifference in Value. In the event the value of - the Exchange Property shall be less than the value of th ee Subject ectPropertY. DISTRICT shall deposit the difference in cash, in lawful :coney of the United States of America, in the second stage escrow. In the event the value of the Exchange Property shall exceed the value of the Subject Property, ZAND shall deposit such excess, in cash, in lawful money of the United States of America, in the second stage escrow. Any sum so deposited by DISTRICT shall be paid to ZAND and any sum so deposited by ZAND shall be paid to DISTRICT, upon close of the second stage escrow. 7 . Acquisition Financing . In the event the total purchase price of the Exchange Property"' y exceeds the value of the Subject Property as set forth in paragraph 4, and the excess is to be paid by way of a promissory note to the seller of the Exchange Property, DISTRICT agrees that in purchasing the Exchange Prooerty, it will execute such promissory note and any deed of trust rtic ei- -ed to secure same . Likewise, if the price oz total purchase the Exchange Property exceeds the value . of the Subject Property and said excess is to be paid by taking "subject to' a loan or loans which encumber the Exchange Property, DISTRICT will do so upon its acquisition of the Exchange Property. However , DISTRICT shall not be required to assure anY loan secured by the Exchange Property or to execute any pro �ssory note or other evidence of indebtedness in donne din with its acquisition which would impose any personal liability upon DISTRICT for repayment of such obligation. 8 . Status of Title of the Subject Property. ZAND will transfer the Subject Property to DISTRICT by assignment of his rights , to the Subject Property only, under the Judgment and Deed of Trust . The Subject Property will be transferred subject to a Purchase Agreement pertaining to the Parcel dated G 3 March 28, 1986, by and between Tom Gano and Jonathan Parmer ( "Parmer" ) . Upon ZAND' s transfer of the Subject Property to DISTRICT, title to the Parcel shall be in such condition as Parmer shall have specified pursuant to such Purchase Agreement. 9 . Status of Title of the Ex2hanqe Pr2PertV. Title to the Exchange Property shall be conveyed by DISTRICT to ZAND by the standard form of deed used in the state in which the Exchange Property is located, with title in the condition which ZAND shall describe in writing prior to close of the second stage of escrow. The status of title of the Exchange Property shall be evidenced by a standard owner 's Policy of title insurance insuring ZAND' s interest to be procured by or through escrow holder in the amount of DISTRICT'S purchase price of the Exchange Property. 10 - ClOsirlIc Date . Escrow for the transfer of the subject Property from ZAND t:: DISTRICT (the "first stage* ) shall close on or before August V , 1-986, provided that ZAND may extend such i closing date, at his election, for a period of not more than thirty ( 30) days . The first stage shall close concurrently with the transfer of the Parcel to Parmer. Escrow for the transfer of the Exchange Property from DISTRICT to ZAND (the "second close not later than one hundred eighty 1 (180) days f0llowirg the transfer of the Subject Property by ZAND to _R—T. The second stage shall close concurrently with DIS--R--c"Lls Purchase of the Exchange Property. 11. interim Payments . In addition to any other amounts provided under this Amendment, DISTRICT shall pay to ZAND upon close of the second stage escrow the sum of $7 . 50 per day for : the period commencing with the date of the closing of the first !stage escrow and ending on the date of the closing of the Isecond stage escrow. 4 . 12. Indemnification. DISTRICT agrees to cooperate with ZAND in completing this exchange. ZAND agrees to reimburse DISTRICT for reasonable expenses incurred in connection with DISTRICT's purchase of the Exchange Property, if such expenses are not included in the calculation of the value of the Exchange Property pursuant to paragraph 5, and ZAND agrees to indemnify and hold DISTRICT harmless from any claim, liability or expense, including attorney' s fees, arising from or in connection with DISTRICT's purchase of the Exchange Property, including but not limited to the assurances contained in the last sen tence of Paragraph_ 9_a_ h 8 . 13. Clasinc Costs and Escrow Exmenses of Excha nge.e. Closing costs and escrow expenses of the first stage shall be paid by ZAND. 14 . Misce?iane,D',s . The following provisions shall apply p to this Agreemen`. (a ) - is of the essence of this Agreement. (b) No waiver of any breach or default by any party hereto shall be considered to be a waiver of any other breach or default. ( c) D_"STR- ICT ' s rights and obligations hereunder shall not be assignable without the prior written consent of ZAND. Suvjoct to that understanding, this Agreement shall inure to the benefit of and be binding upon all of the parties hereto, their assigns and successors in interest . (d ) This Agreement is made and delivered and is intended to be performed in the State of California and shall 5 Pane be construed and enforced in accordance with the laws of such Stat e. (e ) This Agreement ._may be executed in counterparts all of which taken together shall be deemed one original Agreement . ( f ) ZA.`, and DISTRICT agree to execute such a� :itior.al documents, including escrow instructions, as may be reasonable and necessar_� to carry out the provisions y of this Agreement. ( g ) This = ement, toaethe with the exhibits hereto, contains alI re-- esentations a � - and the entire understanding bet;;_ ,. : .a Parties hereto with respect to the subject matter hc_=:= . � �. �i_✓ prior correspondence , memoranda or agreements are - -- in total by this Agreement and exhibits hereto. the parties hereto have executed this Agreement on the Ca- =s indicated below. MIDPENINSJL�. 1ZJGi�:YAL JjuL� SPACE By IAVOSH MARC 'LAND Date � - - Date J 6 _-- -- ; EXIII 13I T A Tha t land nd si tuate in theof San Mateo, rOWn of State t e Woodside of C`� 1iforrri ,r desc . t'ncr rib l't ed Lot 10 as c as ft>llr,w,� Y ,, . FUPTU howl' an L A 1JII.LS S11N that certain p►<► � Office of MATro COUNTY l e!►t i t Ir.,I "Jt;1t' r;V Officer • the Count; • C1fI,iFORNIA n Y Record f.i 18! e I l r r o .. l • on June 29 c San 1`lateo ir► thr� , 1910 in Book 7 Of tour}t y' St �t a Of Also tl► Map$ a as follows ; at I'ortiorr Of t 1''rct^ 2tr, Lot 1 I as shc►wn Art s.► i rt nr,►l, rtr+;;ri i it►•. BEGINNING at ! Lots IO arrrl the S°utherl southwp I 1 as drown on said m rmI trus of tt►r 1 i rrr rrarr,rnc,rr t r: arrc3 S27 °32rly bO l)dary of said `p; thrrrce a1c>rrc U2 fit► ) t try• `t•�l'r•r•a I 1126 °34 ' 45» 2 . 39 feet : thence 3I S72 ° "t: 14il. tf t�19 ° E 360. 38 feel • leavir1 U fCr•t 00 00 W 159 r ; thence NI2 ° 9 said bOurr,lary In , �3 feet a 00 00 E 92 . ()t) Ioint being distar►t S2Q °3�► Point: in said Jcrt : thr•rr,•n said common line 5 9„w ccTr►►►nnrr f i r►., thence from the ( S26'32 w) 148. 60 sr► irl Of alarrg said line northerly terrsrirrus to^t ,� Inriy beginning, S28 °31 ' 59Mw 575. cat s,► i►l liar•; 2I fec*t tr, t hr• t•r>ir►r, Excepting that por�ion of s 13EGI ttNl t�G a t !ram a icl I,ot I0 clescr i t„ ,1 ,►�. to Lots t northerly tr�llr,.,:c • I U arrc3 l I 'I s s1rLc:, Y t ermi l'us cif lure S28 °31 ' 59 "w i Orl said mall; thEr l ii,c+ 225 • 4 7 ( S28 °32 <W [ , tl►rrrce <� )rrrr :'r,nnrc�►► bounc)arfeet to an ) 148 , 60 feet : thc'r►cr• trl ) 3 ici►, Y et said Lot�10 , p°snt r f,pt) r)(a tFt 166 . 36 feet then in the gc.•rteral rror c tl t e r o a .a I S r O tIl l' ( e Point of beginning. 9 said bound-► rly r � r Y •. t;p l3 Et3 �Atit) c ,v rf Z 8608 .11 9528H I AMENDMENT REGARDING EXCHANGE OF REAL PROPERTY This Amendment is made and- entered into b and between y be e n Siavosh Marc Zand ( *ZAND* ) and Midpeninsula Regional Open Space District ( "DISTR,C :* ) with respect to that certain Agreement to Purchase Real Property by and between ZAND and DISTRICT which was executed by DISTRICT on July 9, 1986 (the 'Agreement') , and pertains to certain real property defined therein as '*the i Property. " ZA ND ND and DISTRICT RICT hereby a,_ree to amend the Agreement in the -Following respects only: i 1, Like-kind Exchange . ZA3D desires to transfer a 25% (, undivided interest in the Property (such 25% undivided interest I� being referred to herein as the *Subject Propertyx) to DISTRICT in exchange for o .er real property in a transaction that will ;qualify as a "like-kin' exchange* within the meaning of Section 11031 of the Internal Revenue Code of 1954, as amended. DISTRICT agrees to acquire the Subject Property from ZAND in !exchange for one or more parcels of real property (the "Exchange Property") designated in writing by ZAND to DISTRICT not later than forty-five ( 45) days following recordation of !the deed transferring the Subject Property from ZAND to S^ n. DI ?IC_ 2. Acquisition of Exchange Property. Upon designation Of the Exchange Property by ZAND, DISTRICT shall enter into a binding written agreement with the owner or owners of the Exchange Property for the purchase or other acquisition of the Exchange Property. The terms and conditions of such agreement shall be as specified by ZAND to DISTRICT (and agreed to by the owner of the Exchange Property) , subject to the approval of 'STRICT, which approval shall not be withheld unreasonably. EXH181T i Pure of r 3. Closing Date. Escrow for the transfer of the Exchange Property from DISTRICT to ZAND (the "second stage") shall close not later than one hundred eighty (180) days following the transfer of title .to the Subject Property by ZAND to DISTRICT. The second stage shall close concurrently with DISTRICT's purchase of the Exchange Property. Q. Failure to Complete Exchari e. If: %,AND fai ls to designate the P Exchange Property S r ert h�.Y within for ty-five y five ( 4S) days following recordation of the deed transferring the Subject Prop m Property :r to DISTRICT I � Y S R_C or if the transf er r of the Exchange Propertyf � T m 9 from D-S�?_C_ to ZAND fails to occur within one hundred eighty (180) days following the recordation of the deed transferring the Subject property, then DISTRICT shall pay to ZAND, within t ent f-Jne ( 21 ) days following notification that such failure has cc;=_red or will occur , cash in the amount of the value of the Sut_ect Property as set forth in .paragraph 5. 5. Value of th= Subject Property. The value of the Subject Properly _u= purposes of exchange shall be Sixty-Five Thousand Dollars (�`55 ,000) , and the cash consideration payable under Section 2 of the Agreement shall be reduced accordingly. 6 . Value of the Exchange Property, The value of the Exchange P_ope_ty for purposes of exchange shall be sum of the cash paid t-hrough escrow by DISTRICT to acquire such property, including al? closing costs incurred by DISTRICT in connection with purchasing the Exchange Property. 7 • Difference in Value. In the event the value of the Exchange Property shall be less than the value of the Subject Property, DISTRICT shall deposit the difference in cash, in lawful money of the United States of America, in the second stage escrow. In the event the value of the Exchange Property shall exceed the value of the Subject Property, ZAUD shall deposit such excess, in cash, in lawful money of t .e United . 6__ 2 page States of America, in .the second stage escrow. Any sum so deposited by DISTRICT shall be paid to ZAND and any sum so deposited by ZAND shall be paid to DISTRICT, upon close of the second stage escrow. 8. Accruisition Financing. In the event the total purchase price of the Exchange Property exceeds the value of the Subject Property as set forth in paragraph 5, and the excess is to be paid by way of a promissory note to the seller of the Exchange Property, DISTRICT agrees that in ' purchasing the Exchange Property, it will execute such promissory note and any deed of trust required to secure same. Likewise, if the total purchase price of the Exchange ng_ Property exceeds the value of the Subject Property and said excess is to be paid by taking "subject to" a loan or loans which encumber the Exchange Property, DISTRICT will do so upon its acquisition of the Exchange Property. However , DISTRICT shall not be required to assume any loan sec___= by the Exchange Property or to execute any promissory note or other evidence of indebtedness in connection with its acquisition which would impose any personal liability upon DISTRICT for repayment of such obligation. 9. Status of Title of the Exchange PrnnArf-up. Title to the Exchange Property shall be conveyed by DISTRICT to ZAND by the standard fora of deed used in the state in which the Exchange PrJ=erty is located, with title in the condition which ZAND shall Lescribe in writing prior to close -of the second stage of escrow. The status of title of the Exchange Property shall be evidenced by a standard owner 's policy of title insurance insuring ZAND's interest to be procured by or through escrow holder in the amount of DISTRICT 'S purchase price of the Exchange Property. 10 . Interim Payments . In ar: :ition to any other amounts provided under this Amendment , DISTRICT shall p::y to ZAND upon close of the second stage escrow the sum of W00 per day for 3a - Si ' +�E;y ' p the period commencing with the date of recordation of the deed transferring the Subject Property to DISTRICT and ending on the date of the closing of the second stage of escrow. 11. Indemni£ication . DISTRICT agrees to cooperate with ZAND in complet-ing t-his exchange . ZAND agrees to reimburse DISTRICT for reaso^abye expenses incurred in connection with DT STRICT 's purchase c= the Exchange Property, if such expenses are -got included in ` e calculation of the value of the E;;c::-nge Property pursuant to paragraph 61 and ZAND agrees to ince-nify and hold DISTRICT harmless from any claim, liability or expense, including attorneys lees, arising from or in cL to Exchange Property, i ncluding but nOt li-ited to the assurances contained in the last sentence o= _-=-raph g 12. Addi-_ Documents ZAND and DISTRICT ag ree gree to execute such _ocuments, including escrow instructions , as -__ __ reasonable and necessary to carry out the proy_sio-:s Of t_.=� :-`ndment . IN WTTNL.JS ;� EREOF , the parties hereto have executed this Amendment on the dates indicated below. OPEN SP'%CE D=S=R �-- SIAVOSH MA :C ZAND Date Date wc xv irsv.-su7sy U7 r UO C >, +i QJ X L .+ tt C i:s3 C C 01 011 L O Ca 4-1ar LL CL30 ro c C c 3 U 0 1 61 t6 4J IL L 4- 47 C R N N . U CL 0 N is ?• [] = C � N U C L >• C L'+ 3 0 L F .f1 u C G Z L U I i U f( !— S_ •f) W , is .-1 O C C N (Jl U N tU •.+ N 4-1 fl U- IU x c U 4 En `A 0 U 0 .-+ C aI 4-J L 0 ``` > 0 C IL C r+ to I a 4. 0 (O ui —1 U t� lit + to v L 4-J G N 4-1 C UI tfs L QN N Q c if, ' CL I.1 111 @ 4-1 U, Ili in I P IL Q1 D 1 j [ ( at 0 0 Ii. 1: 4 i' afl t.i 1• U (17 qi fr1 `, tJ 111 ;_ L I (;1 [- I I 11 III l I 11 1f1 C [U III Iu •+ • I' Ji L. 11. I11 1+ I 1 ..•'.' a 1b III L '1' fit •'�+ Ifl 1. •1 11 0 (is t{) ! _ I Ill aft I. 1 .11 1. Of r-+ r 1 Ill If) '.I f 1 us I I I I 1. all I I f� C +U U -1l I') 0- .,.1 Il -0 C •:7 (A � L ['J 0 -.-1 I T1 \ 1[i •1 N O 4.1 —( f_) U at (T I[i s + i, 16 1 L �+ 01 L U W 0 al •rl E' Ili 1-4 CJ O a� D {II .I lf: vi U (a •J C .+ Ui 3 N 4j 0 n1 C'a "D 0 IT rn-,, ti 0 4- N L 'D F- U i ED IJ I C X U -H in — -N `f- -•,I Uf c • L O -P 117 C L t ru to n C U U C[ (9 (n rn C C (- • 41 QI L N C L .i ul (T •14 r J = G . CI c U u C .-4 (31 C (5 tll . ( 0 O 1:) U .I, 0 U -ra C C ." a_, L r, U O . (:; r O L _.1 N UO % TJ -P C) d-J lti O L 4-) L L CJ a+ I E t1 L C TJ 1� a+ C ru S_ -V C' Ri 4 AP FRAHM EDLER AND CANNIS 10/22/86 Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View CA 94040 Attn: David Hansen Re: Skyline Ridge Park - Par king Lot IWhole Acces s Stud y Y As requested, we present herewith our proposal to provide consulting services for analysis of parking/access alternatives near the Skyline Blvd./Alpine Road intersection. PROPOSAL- STUDY 4 ALTERNATIVES A) Reroute Alpine to north to keep parking on "Park" side eliminate Tunnel/Bridge. B) Cross under Alpine with pedestrian "Tunnel" C) Carry Alpine over pedestrian access with "Bridge" D) Locate parking elsewhere = "No Project" PROCEDURE - confer with District staff/consultants - provide decision makers with sketch plans & construction cost estimate for each alternative and a matrix ranking vis-a-vis identified problems (not weighted) obtain landscape input for mitigation/cost of visual impacts & soils input if appropriate. PRESENTLY IDENTIFIED CONCERNS - security/safety in crossing Alpine Rd. - traffic flow Alpine/Page Mill/Skyline - visual/sound impacts of parking on/from Pond area and Skyline ( in Scenic Corridor) . CONEu- T.TL'I'INCt ENC#INEERS ENVIRON11lLEN 'I'AL PLANNERS 2260 BAY ROAD • REDWOOD CITY. CALIFORNIA 94063 • TELEPHONE 415 - 369-5588 utility relocations (Alpin6) economics visual identification for park entrance parking lot drainage on pond water quality soils conditions (slide, marshy area) FEE ESTIMATE This estimate does not include landscape architectural or soils/geologic services We as sums the Dist rict t will contr act these directly, if desired. For a lump sum fee of Five Thousand Four Hundred Dollars '($5,400) we will: Meet with staff/consultants to clarify criteria Prepare sketch plans (3 alternatives) Prepare quantity/cost estimates ( 3 alternatives) Review meeting with staff Compare/list pros/cons of alternatives Provide 15 copies of sketch plans/estimates Attend meeting of Board for presentation/discussion We are prepared to begin work within one week of authorization and estimate three weeks time to complete. Thank you for this opportunity to offer our services. Very truly yours, Theodore C. Cannis TCC/dm 2 - WRITTEN COMMUNICATION RESPONSE ACTION PROPOSED BY Meeting 86-26 Board President Acknowledge/: .id Oct . 22 , 1986 ZHRASEMAKER _ Director Acknowledge/Respond Staff Acknowledge/Respond Q r r Q _ Draft Response Attached p V t V 1 p 1 1 s V s _ Staff to be Directed to Prepare Draft Response for Board Consideration per Mark Winitz Board Directive(s) Other October 14, 1986 Board of Directors Midpeninsula Regional Open Space District c/o Jean Fiddes 201 San Antonio Circle Mountain View, CA 94040 Dear Di rectors: i As you may know, one of the issues that I have emphasized in my campaign for the Ward 2 Director's seat is peaceful coexistence of the varied park and trail users (hikers, runners , equestrians , bicyclists, etc. ). Since conflicts between these groups occasionally occur on district trails , I believe cost-effective, low-overhead methods of public education concerning trail use policies and trail etiquette would be very valuable. For example, a simple "awareness" pamphlet available at key trailheads (providing simple guidelines on courteous and unobtrusive open space use) would be beneficial . I will he happy to assist you in exploring methods for public education. Perhaps my background as a training/education consultant and professional writer could be of assistance. For your information, I have included a recent excerpt from my monthly column in California Track and Running News which specifically addresses this issue. I hope you will take the time to look it over and give me your thoughts. Sincerely, Z k Winitz 85 Main Street/Los Altos, CA 94022/(415)948-0618 g tl, y � • , Ar 1k :a. is y ` r 4e V1— Sche t le'1 s Ing 2(?Q .g eats: lntervt " vrfh.6o arsen Intervie4 wq, ancy Ditz" ri _ - . •r"a Lots of res"ults,'Including: uZD 'Santa Monica Marathon l.l., �.� n k. f, 'J.l F f •v. � � o .- � _. an Francisco Marathon a <- �• '� _ '�' ass Lake Half Marathon a. ti t , - ,Wharf'to Wharf Race r d �: ��,` t ..'t .a � Hoy's Sports Classic `Y w r �•L.{. L� � ,"C:� ' - ,5 •� yYs ,,� K .- ��. .i� �1•I��"���y�� ��� AL . f .- ` - -" - • ` Y .. $�. �„ • .. � � .ate,. 4 .. k",> -v.,'�,��t r-b, ` -� _ - _ it - .. �•I' Y�` _ i i�nl.'` - _ " ~ i:�p�p ` Y.tr.' . T ! Ll CTRN Around the Ba � By MARK WINITZ A ' s - 3 We're happy to have Mark Winitz join the Get several miles away from most Bay Area writing staff at California Track & Running trailheads, and you're suddenly gliding News. Besides contributing feature ar- along all by your lonesome. i ticles. he'll be writing the regular monthly As our trails get more crowded, however, column that appears here. He'll concen- minor problems start cropping up. Unan- trate on what's happening in running in and ticipated numbers of nature lovers put an around San Francisco Bay. Mark comes unexpected strain on our natural en- from Running Scene Magazine (which has vironments.Wild critters start disappearing suspended publication) where we've en- as they seek habitats further afield. Narrow joyed his articles and columns for some paths can no longer handle the sudden for trail use on alternating days have been time. Be sure to catch Mark's interview with surge of foot traffic. Conflicts arise even forwarded. Nancy Oitz which also appears in this issue. among the trail users themselves. I think we runners sometimes become a —Editor There's a glorious web of trails that start little possessive about our favorite trails. a little over a mile from my home upon Since we can go farther and faster on trails which you can gallup halfway to heaven! than other pedestrians (and often eques- any thanks to CTRN Editor and I've been running on them for, oh, at least trians),we mistakenly interpret that fact as Publisher Bill Cockerham for eight or nine years—before much of the giving us greater privilege.True,dogging It adopting my orphaned Bay Area running land was officially acquired as open space, up Mt. "Rushmore" (I use that only as a column. I'm hoping that many of you are a county park was developed,and a demon- figurative example) in Nikes may be more already familiar with its format from my stration farm opened. I've watched these challenging than conquering It on a moun- previous publisher- trails—once empty except for an occa- tain bike or in a saddle. However, this is Devoted solely to San Francisco Bay sional hiker, horseman,or runner—become Great America—a fact that most of us Area running, it will provide the latest run- steadily populated. It's gotten to the point value. ning potpourri from around the Bay. This where some fair-weather Sundays look like As more Bay Area residents seek escape allows us to give you highlights of key Bay Great America in high season out there. on our trails, runners can set an example Area races (sometimes before the official And now there are occasional squabbles. for others in trail etiquette and tolerance. results are available), and to let you in on Some strollers and hikers complain that These days when I encounter a well-tral- some of the interesting sidelights that sup- singleminded runners come charging down ticked trail, I try to suppress my buffalo plement our coverage in the other CTRN the trails with no regard for right-of-way. herd Instinct. I've even stopped dead to sections. We'll give you reminders about They're sometimes forced off of the narrow negotiate narrow paths with oncoming upcoming Bay Area events plus hints on sections as they avoid getting run over. (I hikers. Rather than charging over strollers great spots to train,let you know what's go- must admit, I've been guilty of this stam. whom I approach from behind, I unobnox- ing on in local college and scholastic run- pede technique myself on several occa- iously announce my presence by exag- ning, and tune you in to the local runners sions.)In turn,some runners can't abide the gerated huffing and puffing,excuse myself and coaches who are making our sport go. sometimes oblivious hikers who are likely if the path is narrow,and express thanks to This column will also encourage CTRN to stop dead center on a trail or narrow those who are considerate enough to step readers (that's you) to send in their com- bridge to stare down at a banana slug or up aside for swifter traffic.And if I get to disen- ments, observations, announcements, etc. at a jay. chanted with the increasing crowds, I con- which might be of Interest to other Bay Area Horseback riders,who onde had free rein sole myself with the fact that I can run just runners. However, don't direct anything to to all the trails, are disheartened about a few more miles and leave most of them me that you wouldn't want to see in print newer restrictions.Trails for hoofing aren't behind. unless you mark It "personal correspon- as easy to come by anymore. Sometimes dence." So, without further ado, let's lace horse lovers tend to stray off their desig- -4PEOPLE up the training fiats.... nated paths.They don't seem to realize that Joanne Emst and her husband Jim Col- horse manure is not compatible with waffle line are multisport athletes, although run--HAPPY TRAILS TO YOU soles. Likewise, gregarious runners don't ning is high on their list of priorities. This One thing that we have in abundant sup- exercise caution when venturing out on Palo Alto couple spends most of their time ply In the Bay Area is trails. Park and equestrian trails. It never occurs to them training, and helping other athletes get the preserve trails, firetralls, nature trails, that a sudden meeting between equine most out of their own training. bayland trails, earthquake trails—you species and charging Mr. or Ms. Fartlek on Joanne Is one of the top female triath- name It, we've got It. And these trails pro- a blind bend can cause a serious accident letes In the world.In 1985 she not only won vide a special privilege for those of us who and Injury to runner, rider or horse. the women's crown in the prestigious Iron- run. Daily pounding on asphalt and con- Now, add mountain bikes to the already man Triathlon, she was also named Triath- crete gets old fast. Do it for long, and your swollen trails, more baby strollers as the lete of the Year by Triathlon Magazine.Jim legs, feet and other parts of your anatomy baby boomers boom, dirt motorbikes and Is a multi-talented modern Leonardo who that you'd forgotten (or never knew about) other offroad vehicles, plus the occasional acts as Joanne's advisor,runs superb times can start feeling prematurely aged. Innocent snake or deer That makes a on minimal training, while producing and Particularly attractive in the autumn,our mistake of hanging out on the trail—and we marketing computer software for athletes. trails provide a fast getaway from the traf- have the potential for some major Interface 1 talked with this pair last July when Ernst fic, smog, and jarring pace of the city and problems as they say in technical jargon. was beginning her buildup phase for this suburbs.While the close-in trails are some- It's gotten to the point where park officials month's '86 Ironman. Right now Joanne Is times crowded on fall weekends, most run- in my favorite haunts are talking of limited ers can prance away from the strollers, or reduced access to certain.trails. Sug- Hhikers, and even bikers In fairly short order. flestions for segregating hikers and runners continued on next page. .. 14 yn, } I I i I I i WRITTEN COMMUNICAT ! Meeting 86-27 Oct. 22, 1986 DI RESPONSE .ACTIOY PROPOSED BY STAFF a _ Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached PARK AND REM EATO06A _ Staff to be Directed to Prepare Draft Response for Board Consideration per COMMISSIONERS' AFC 130ARD M EMBERS' COU NCI L Other oard Directive(s) J,i (s) ^ Dear Commissioner: The Bay Area Park and Recreation Commissioners' and Board Members' Council will hold their next meeting at the San Leandro Community Library Center and Senior Meeting Facility, 300 Estudillo Avenue, on Friday, November 7, 1986. Commissioners' are invited to attend a wine social at 6:00 p.m. followed by a dinner buffet at 1:00 p.m. The business meeting and awards presentation will commence at approximately 8:30 p.m. The dinner menu will include: boneless chicken saute; tossed green salad, fresh fruit salad, rice pilaf, fresh vegetable medley, french rolls and butter, wine, coffee and tea followed by a dessert selection of carrot, banana nut, or chocolate cake. Cost for the dinner is $16.50 per person. Please make your check payable to B.A.P.R.C.B.M.C. Since the deadline for confirming your attendance at our next meeting is rapidly approaching, I would appreciate if you would personnally notify your commission members if you don't have a regularly scheduled meeting prior to the registration deadline of Friday, October 24. A representative from the San Leandro Recreation- Human Pesources Department will provide follow-up telephone inquiries during the week of October 20th. Yours very truly, Jean Johnston Preside t, B.A.P.R.C.B.M„C. Please complete the information below and return with your payment to: San Leandro Recreation-Human Resources Department Attention: Fred C. Framsted 835 East 14th Street San Leandro, CA 94577 (415) 577-3467 REGIS'iRATION DEADLINE: Friday, October 24, 1986 Name Address City Zip Home phone Business phone Agency Agency phone WRITTEN COMMUNICATION � RELATING TO AN AGENDA ITEM October 22' I986 (Meeting 86-36) PENINSULA OPEN SPACE TRUST n000a^wo HILL Ro^o MENLO PARK, CALIFORNIA s*000 N (+15) 854-76e6 � October 31 , 1986 Board of Directors Midpaninsu|a Regional Open Space District Old /Ni { | Office Center 201 San Antonio Circle, C-135 Mountain View, California 94040 � Dear Board Members: � As members of the POST Skyline Ridge Task Force, we have shared in the planning process for the preserve. Our enthusiasm for this project remains high, but we feel that we must register our concerns regarding the � current planning for the Alpine Lake Environmental E ducat ion/Observation � area. Ca|Trans/ denial of the access to the ranch area through the existing road has dramatically changed the options for using the Alpine Lake area. The measures now being considered to provide access seem environmentally disruptive and as such, make the area less attractive for the purposes for, which it is being designed. Is the balance the District seeks between providing recreational opportunities and preserving the � natural environment being appropriately addressed? � | Some specific concerns: � � � 1. The proposed access road to bring whole access users to Alpine Lake from Alpine Road is an unwarranted intrusion into the landscape. It will require grading, cutting and filling, the results of which are unclear given lack of information on soil stability in this area. 3. At first, the alternative underpass from the proposed Russian Ridge parking area seemed an expensive but pre- � ferab|e alternative. In order to make this underpass | ` Board of Directors - KAROSD October 21, 1986 � � Page Two -- � 3. The proposed Russian Ridge parking area poses some questions. If there is no underpass, is this a safe crossing for school groups? From an engineering and | aesthetic standpoint, is this location viable? Will a | ' new E |R be required to look at the effects of drainage on both sides of the road and the effect on water quality at Alpine Lake? � The question of whole access seems to be driving much of the alternative planning. We are very appreciative of the sensitivity of the District Staff and Board to these considerations. Still a larger question needs to be asked. Does this site work for the purposes it was being de- signed for with these new modifications? We firmly believe that whole access is an important consideration in designing this preserve, but feel that the quality of the landscape and how it influences the experience is important to all users. � We realize that we are raising many questions and have no good answers. This seems to characterize the Alpine Lake project at this time. We urge the District Board to give more thought to our questions before moving ahead. Some areas that we would like the District Board to consi- der are: | 1 . Could some of the proposed activities for the Alpine � Lake area be shifted to another part of the preserve? Horseshoe Lake? We would hope that a thoughtful alternative would provide the whole access experiences | that were proposed in the Master Plan and in subse- quent grant proposals. � 2, Is there any alternative that can be worked out with | Ca|Trans? � Thank you for the opportunity to raise these concerns. We have all worked long and hard on this project and want to see the development of this Preserve evolve carefully with the interests of all users and the land in mind, Sincerely, � Christy Holloway 8i| | Clark � Jean Rusmore Bob Brown | Nat Sherrill | Joyce Jeffery MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROZM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: October 16, 1986 II' Cf TRAIL INFORMATION & VOLUNTEER CENTER SERVING: San Mateo, Santa Clara, Santa Cruz and San Francisco Counties October 14, 1986 Edward G. Shelley President, Board of Directors Midpeninsula Regional Open Space District 201 San Antonio Circle Mt. View, California 94040 Dear Ed, Thank you for the fine invitation to the District's dedication of a new Open Space Preserve in Los Gatos. I would very much like to attend but cannot as I am working at a Trail Information and Volunteer Center trail building event in Stevens Creek Park. Congratulations on another wonderful acquisition for public enjoyment and recreation. I am so thankful for the many special places which the District has preserved as open space. Thank you again for the invitation. I hope to be able to attend your next similar event. Sincerely, avid on: 4898 El Camino Real, Office 205A, Los Altos, CA 94022 • 415/968-7065 `R 9.1 Anna G. Eshoo President San Mateo County Board of Supervisors October 8, 1986 Mr. Edward Shelley President, Board of Directors Midpeninsula Regional Open Space District Old Mill Center, Bldg. C. , Suite 135 201 San Antonio Circle Mountain View, CA 94040 Dear Mr. Shelley: Thank you for the invitation to dedication and hike of the newest open space preserve in the District on October 18th. It sounds like a perfect outing for a Sunday. I would love to attend but I am opening San Mateo County's "A Very Special Arts Festival" highlighting the art of people in our county with disabilities. Enjoy your day and extend my warmest wishes to all who attend. Sincerely, ANNA G. H00 Presi t, Board of Supervisors cm HALL OF JUSTICE AND RECORDS • REDWOOD CITY • CALIFORNIA 94063 Coastside 726-5581 • South County 3634000 • Central County 573-2222 • North County 873-1800 Direct line: 363-4569 Public Services Agency Parks and Recreation 298 Garden Hill Drive Los Gatos,California 95030 County of Santa Clara (408)358-3741,Reservations 358-3751 California October 6, 1986 Edward G. Shelley President Board of Directors Midpeninsula Regional Open Space District Old Mill Office Cbnter,, Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Dear Mr. Shelley: Due to personal illness in my family back in Michigan, I will be unable to attend the dedication cf the new open space preserve in Los Gatos, on Sunday October 18 , 1986. I regret that I will not be able to attend this worthwhile event. Please be assured that I am with ycu in spirit. I am looking forward to meeting you and the rest of your board in the very near future. Congratulations on this latest acquisition. Sin ely, C Douglas J. Gaynor Director DJG/pc cc. Herbert Grench Larry Coons ® An Equal Opportunity Employer MIDPENINSUIA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 October 10 , 1986 Mr. Tony Rollis, President Air Force Sergeants Assn. Chapter 1379 P.O. Box 147 NAS Moffett Field, CA 94035 Subject: Mt. Umunhum Star Dear Mr. Rollis : At their October 8th Board meeting, the District' s Board of Directors agreed to allow your organization access this year to our Mt. Umunhum summit site to install the star you men- tioned in your September 18 letter, subject to the liability protection to the District discussed below. We are concerned with the liability factor both in regards to the installation and removal of the star and of the ceremony itself you mentioned in your letter. As you may know, the site is currently closed to the public while a determination is made for use or disposition of the buildings through a two year plan- ning process. The Board has asked staff to review with the District's attorney the appropriate liability indemnification for you to continue to proceed with your project. Walter Goggin, District Real Property Representativelr with whom you have had preliminary discussions, will be in touch with you regarding final approval of this matter. Ver truly yours, Edward Shelley, t�res7dent Board of Directors ES:ej cc: MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin I OLIfr, N V CALIFORNIA PARK & RECREATION SOCIETY � M W 0 .t 3031 F SWLIT-STD'. 202-11 0 BOX 16'1118 SA(.IPAML-N10,(-ALIFC>I?NIA95816(916)446-(..;PPS BOARD OF DIRECTORS PRESIDENT *CHARLES 0.DAVIS Mission Oaks PRESIDENT-ELECT *HENRYAGONA October 3, 1986 Glendale VIM PRESIDENT *JONATHAN KORFHAGE Oakland SECRETARY/TREASURER *TEDSCHROEDER Mr. Herb Grench El Cajon PAST PRESIDENT General Manager *MICHAEL D.FENDERSON Garden Grove Midpeninsula Regional Open NORTHERN REPRESENTATIVE *JAMESRAYMOND Space District Petaluma SOUTHERN REPRESENTATIVE 375 Distel Circle, Suite D-1 EILEEN BROWNELL Fullerton Los Altos, CA 94022 DISTRICT I DIRECTOR JACOUEUNE BRANCH Corte Madera DISTRICT DOCTOR RONBac a nanto Dear Herb, DISTRICT II to FREDFRAMSTED San Leandro DISTRICT IV DIRECTOR Congratulations on the acquisition of the former DAVID MUELA lotas OR Novitiate property. I know what a difficult pro- DISTRICT CHUCK MORGAN ject this has been and admire your perserverance. Merced DISTRICT In DOCTOR This site will most certainly add to what is al- TERRY'II read a fine open space stem. DISTINCT nI DIRECTOR y P P y MIKE STALLINGS D��flIESAGE I am unable to attend your dedication program on DISTR�O(DI�rDR October 18 as I will be participating in the NRPA JACK N KANISHI Congress in Anaheim. Please extend my congratula- DIST ACKlrKN°" t ions to Craig and to your Board on this signif i- DISTRICi SECTOR cant accomplishment. MIKE FARM Yucaiia DISTRICT XNM DIRECTOR NANCYcCA Best Regards, Lemon Grove DISTRICT)(RI DIRECTOR DON ALLEN La Pu" DISTRICT XIV DIRECTOR HELLO IACONO Glendale DISTRICT XV DIRECTOR STTVEMINTON Jack Harrison ADMINISTRATORS'SECTION DIRECTOR BILLSRUDNEY Executive Director Concord EDUCATORS'SECTION DIRECTOR GENE 6LAM�KE JH:bk STUDENT SECTION DIRECTOR ERIK SUMMMERS RECREATKNi SUPERVISORS' c c: Chuck Davis SECTION PRESID CHRISTINEADAAMSS President, CPRS Buena Park THERAPEUTIC SECTION DIRECTOR LANNY KNIGHT COMMERCIALRead DIRECTOR DEBBY LAMB Laguna Hills PARK OPERATKNiS SECTION DIRECTOR CHRIS JARVI Anaheim ARMED FORCES SECTION DIRECTOR DARRYLSHAW Lemocra *EXECUWE COUNCIL AFFILIATE OF THE NATIONAL RECREATION& PARK ASSOCIATION M,86-78'; (Meeting 86-27 October 22, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM October 16, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: 1987 Special Park District Forum An advance announcement of the Forum is attached. This is undoubtedly the most directly and generally relevant annual conference to the District. I hope that at least one of you will be able to attend. Funds are budgeted. Please let me know if any of you have an interest in attending. i � i . • • • � x ! � • i • � i � � i i f ! . ! , i i • i i . SuMom . i • • • • • • .r► . • • f i $ CLAIMS No.86-20 Meeting 86-24 MIDPENINSuL,A REGIONAL OPEN SPACE DISTRICT Date: Oct. 22, 1986 C L A I M S REVISED =� Amount Name Description 9122 201 .92 Adia Services, Inc. Temporary Office Help 9123 2,565.59 Ervin Alves Union Oil Jobber Fuel for District Vehicles 9124 13.20 Americas Tank Rental 9125 53.4o ANR Freight System Delivery Expense 9126 96. 17 AT&T Information Systems Group Telephone Rental 9127 399.02 Bay Microfilm, Inc. Machine Repair and Supplies 9128 1 ,920.00 Brauer GradingGrading--Los Gradin - Los Gatos atos Creek Park 9 9129 80.00 California Park & Recreation Annual Membership Society, Inc. 9130 436.43 California Water Service Company Water Service 9131 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9132 94.98 Clark's Auto Parts Parts for District Vehicles 9133 230.98 Communications Research Company Radio Maintenance and Repairs 9134 22.63 Crest Copies, Inc. Bluelines and Drafting Materials 9135 1 ,780.00 Davey Tree Surgery Company Tree Trimming 9136 141 .78 The Dark Room Prints for Los Gatos Event 9137 500.00 Deloitte, Haskins & Sells Final Payment for Audit 9138 60.24 Emergency Vehicle Systems Radio Parts 9139 140.00 Employment Development Department Unemployment Insurance Benefit Charges 9140 21 .20 Federal Express Corporation Express Mail 9141 28.56 Jean Fiddes Reimbursement--Meat Conference 9142 60.00 First American Title Company Reconveyance Fees--Lovell 9143 400,000.00 Founders Title Company Land Purchase--Zand/Kamanger 9144 350.00 Raye Girouard Patrol Services--October 9145 90.00 Mary Gundert Reimbursement--Conference Registration 9146 44.01 Hubbard & Johnson Field Supplies 9147 30.00 Matthew Ken Reimbursement--Training Materials 9148 289.65 Lawrence Tire Service, Inc. Tires for District Vehicle 9149 591 .75 Los Altos Garbage Company Dumster Rental 9150 251 .80 Minton's Lumber S Supply Field Supplies 9151 414.47 Miracle Auto Painting Repairs on District Vehicles 9152 74.25 Mon Cheri Rentals for Docent/Staff Recognition Event 9153 423. 15 Northern Hydraulics, Inc. Field Equipment 9154 153.95 Stanley Norton August and September Expenses 9155 495.49 Orchard Supply Hardware Field Supplies CLAIMS No. 86-20 Meeting: 86-24 Date: Oct. 22, 1986 REVISED u Amount Name Description 9156 150.77 Pacific Bell Telephone Service 9157 200.53 Pacific Gas and Electric Company Utilities 9158 4.82 Rancho Hardware Field Supplies 9159 419.70 Real Estate Data, Inc. Microfiche Lease 9160 190.00 County of Santa Clara Radio Dispatch Service General Services Agency 9161 3,699.36 County of Santa Clara Adult Probation Workers--Los Gatos- . Pedro R. Silva, Probation Officer Flume Project i 9162 1 ;010.40 Signs of the Times Signs 9163 400.00 Rick Skierka, Licensed Land Survey Work--Zand Surveyor 9164 33.99 Skyline County Water District Water Service 9165 5,911 .00 Stewart Title of California Title Insurance--Peters 9166 3,757.00 Edward A. Tunheim, Consulting Forester Services--El Corte de Madera Forester 9167 218.98 Typothetae All-Site Brochure Typesetting 9168 800.00 United States Postmaster Postage 9169 66.4 Unocal Fuel for District Vehicles 9170 486.00 Urban Accessories, Inc. Bicycle Racks 9171 56.70 Sandy Voorhees Private Vehicle Expense 9172 200.63 The Workingman's Emporium Uniform Expense 9173 446. 12 Xerox Corporation Maintenance Agreement 9174 218.70 Yardbdird Equipment Sales Field Equipment 9175 334.18 ZZZ Sanitation Company Sanitation Services 9176 First American Title Insurance Land Purchase--Hosking Company 9177 350.00 B. J. Rickard Relocation Payment 9178 131 .26 Petty Cash Private Vehicle Expense, Typesetting, Office Supplies and Meal Conferences