HomeMy Public PortalAbout19850815 - Agendas Packet - Board of Directors (BOD) - 85-22 Meeting 85-22
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
SPECIAL MEETING
BOARD OF DIRECTORS
Thursday 375 Distel Circle, D-1
August 15, 1985 Los Altos , California
A G E N D A
(7: 30) ROLL CALL
ORAL COMMUNICATIONS
(7 :45) NEW BUSINESS WITH ACTION REQUESTED
1. Proposed Acquisition of El Corte de Madera Creek
Open Space Preserve (Lands of Hosking) -- H. Grench
a) Resolution Authorizing Acceptance of Master Agreement
for Purchase 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 - Hosking Property)
b) Resolution Authorizing Acceptance of Option Agreement,
Authorizing Officer to Exercise Option Agreement,
and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to Closing
of the Transaction (Hosking Property)
(8 : 45) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Negotiation and Litigation Matters)
ADJOURNMENT
TO ADDRESS THE BOARD: When an item you 're concerned with appears
on the agenda, please address the Board at that time . Otherwise,
you may address the Board under Oral Communications. When recog-
nized, please begin by stating your name and address. Conciseness
is appreciated. We request that you complete the forms provided
so that your name and address can be accurately included in the
minutes.
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
CLAIMS No. 85-17
Meeting 85-22
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date:August 15, 1985
C L A I M S
Amount Name Description
8643 1,147,500.00* First American Title Insurance Company Land Acquisition—
Hosking Property
8644 333,500.00** First American Title Insurance Company Land Acquisition--
Hosking Property
* Subject to change when amount of interest payment
for delay of close of escrow is known.
** Only required if District is unable to renegotiate
the Amaral Notes.
Copies of all other documents pertaining
to the acquisition and option agreements are
available for public inspection at the
District office.
I
R-85-42
AA� (Meeting 85-22
OF August 15 , 1985
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 13 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C . Britton, Land Acquisition Manager;
D. Hansen, Land Manager; D. Woods , Open
Space Planner; A. Cummings , Environmental
Analyst; J. Boland, Operations Supervisor
SUBJECT: Proposed Acquisition of El Corte de Madera Creek Open Space
Preserve (Lands of Hosking)
Introduction: The Midpeninsula Regional Open Space District has the
opportunity to acquire, over a period of twenty years , rights in approx-
imately 2784 acres of land, called Kingswood Ranch in a current devel-
opment proposal , located west of Skyline Boulevard between Star Hill
Road and Bear Gulch Road in San Mateo County. (The 2784 figure is from
the County Assessor' s Office. The Planning Department has estimated
that the entire property has an area of 2922 . 85 acres of which 2712 . 20
acres are outside the Coastal Zone. The acreage discrepancy cannot
be attributed to any specific area and represents a seven percent (7%)
difference, which is within acceptable limits for this type of property,
Nevertheless the District would be purchasing rights in the property
as described in the legal descriptions on the basis of overall costs
for each of three major areas , not on the basis of a cost per acre times
a specific number of acres . Within this report the overall figure of
2784 acres is used. ) The only area where the acreage can be estimated
with any certainty is the approximately 595 acres being proposed for
acquisition at this time. The balance of the property could be acquired
later under the option agreement. The total property, encompassing the
entire upper El Corte de Madera Creek watershed, would be the largest
ever acquired by the District. It includes 70 million board feet of
redwood and Douglas fir timber, as well as substantial hardwood forest,
approximately 30 miles of logging roads , and an outstanding sandstone
formation. The total price would be $15. 3 million. Exercising all the
options would have significant long-term financial impact on the District,
although other major acquisitions could continue to be made. A 20-year
financial analysis , showing the impact of this potential long-term acquisi-
tion on the District' s overall acquisition program, is included in this
report. The sellers are Alan Hosking Ranch, Inc. , Alan Hosking, and
Theresa Hosking.
For purposes of the acquisition agreements , the property has been divided
into five parcels , labeled Parcels A, B and C, and Parcels 1 and 2 on
the attached map. Parcels A and B are proposed for acquisition now, with
options to purchase Parcel I within the next four years and Parcel 2
within the following six years (a maximum period of 10 years) . Parcel C
would be retained by the seller, subject to certain limitations on
development. A detailed description of the documents concerning the
various acquisitions and options is contained in the terms section of
this report. The following is a summary of the areas or parcels:
R-85-42 Page 2
Parcels A and B: The District would acquire fee title to this approxi-
mately 595 acre area comprising the former Amaral Tract of 515 acres
113 lots of a 16 lot subdivision would be acquired) and an 80 acre ridge
parcel. This area is the most unspoiled part of the property, containing
a large sandstone formation, commonly known as the Sandstone Caves , and
many large second growth redwoods. The Parcel B area is located along
the main ridge and contains a marvelous vantage point to view the entire
watershed and surrounding lands to the ocean. This ridge top is mainly
chaparral covered. Two areas would be excluded on the northerly and
westerly side of Star Hill Road. One parcel would be owned by Theresa
Hosking (3. 8 acres) , and the other, which currently contains a horse
riding ring, would be a life estate for Alan and Theresa Hosking and
their children with a 50-year expiration date. There is also an inholding
area consisting of two parcels on Star Hill Road, one of which is owned
by Theresa Hoskinq's family. The other parcel is privately owned and
developed with a home.
Parcel C: The Hoskings would retain this 110 acre parcel for future use.
This property is , therefore, not included in the total acreage proposed
for acquisition. Up to five dwellings would be permitted along the
wooded ridge, with the balance of the property being subject to a con-
servation easement disallowing timber harvest and commercial cordwood
removal. The District would also have a right of first refusal to pur-
chase the property. The purchase of Parcels A and B would entitle the
District to the following two easements over Parcel C:
1. Easement for public vehicular traffic at the District ' s
discretion, including patrol , maintenance and public
trail access , along the lower road to the sandstone
formation; and
2. Public trail easement for non-motorized travel along
the existing trail to upper El Corte de Madera Creek.
Parcel 1: The District would have the option to purchase this 1187 acre
area within one to four years from the date of acquisition of Parcels
A and B. Timber would continue to be harvested on this property unless
the District purchased the timber rights after the initial acquisition.
Big Creek Lumber Company owns 4� million board feet of timber on
Parcels 1 and 2 and will harvest the timber according to the existing
Timber Harvest Plan. Mr. Hosking would also have the right to take
sufficient timber from this property to make the required payments of
$200,000 per year to the Federal Land Bank on a loan affecting the
balance of the property (Parcels 1 and 2) . In the event the District
exercises its option, the harvest rights for the loan payment would
cease.
Parcel 2: If the District exercises the option to buy Parcel 1 , the
District would at the same time receive title to Parcel 2 and could elect
to purchase or deed back this 889 acre parcel at the end of the tenth
year (or sooner) . If the District chooses to complete the purchase of
Parcel 2 , sellers would have the right to develop three small parcels near
R-85-42 Page 3
Bear Gulch Road. He would also retain the developed area consisting of
a 4-unit barn building and several out buildings, along with the five
surrounding acres under a lease agreement until the District 's last
payment is made. A dwelling unit in the barn building would be made
available at no cost as a Ranger residence upon close of escrow for
Parcels A and B.
A. Description of the Site
The following descriptive report concentrates upon Parcels A and B,
the property proposed for acquisition at this time. The rest of
the property is described in general terms.
1. Size, Location and Boundaries
This 2784 acre property is located within unincorporated San
Mateo County west of Skyline Boulevard. It is bordered on two
sides by public roads: Skyline Boulevard and Bear Gulch Road
to the north and east, and Star Hill Road to the west. The
northern boundary adjoins private property south of Swett Road.
Large private ranches adjoin the southern and western boundaries.
Parcels A and B (Initial Acquisition Area)
This property occupies the northern part of the Kingswood Ranch,
lying south of the intersection of Skyline Boulevard and Swett
Road. The northeastern boundary adjoins Skyline Boulevard while
Star Hill Road forms part of the west boundary. The southeast
boundary adjoins Parcel C, the property to be retained by
Mr. Hosking for family use. Easements over the lower entrance
road through Parcel C and along the upper part of El Corte
Madera Creek Road provide access to this property from Skyline
Boulevard. The southwestern boundary adjoins Parcel 1.
2. Topography, Geology, and Natural Resources
a. Topography
General:
The Kingswood Ranch encompasses nearly the entire upper
El Corte de Madera Creek watershed. El Corte de Madera
Creek drains the northern and western portion of the property
and an unnamed tributary of El Corte de Madera Creek drains
the central and southern portions. El Corte de Madera Creek
is a tributary to San Gregorio Creek.
The property, except for a series of flat ridges close to
Skyline Boulevard, is mostly steeply sloping. Three spur
ridges project in a westerly direction from the main north-
south ridge of the Santa Cruz Mountains. The two tributary
creeks have incised steep canyons between these ridges.
Elevations range from 760 feet where El Corte de Madera Creek
leaves the southern boundary of the property to 2417 feet
at Sierra Morena, the highest point on the property, located
near Skyline Boulevard on the central ridge. The northern
and southern spur ridges generally mark the northern and
southern boundaries of the property.
M-85-42 Page 4
Parcels A and B (Initial Acquisition Area) :
This initial acquisition area is dominated by the northern
and central spur ridges extending west from Skyline Ridge.
El Corte de Madera Creek flows between these ridges across
the northern third of the property, then curves south
paralleling Star Hill Road. Elevations range from 2285 feet
on the northern ridge at Skyline Boulevard to 1440 feet where
El Corte de Madera Creek crosses the southern boundary.
The slopes tend toward north or south facing because of the
orientation of the ridges. Slopes range from 0 to 100%
with an average steepness of approximately 40% . The steepest
slopes are above El Corte de Madera Creek in the southern
part of the property. A sandstone formation is located
near the top of the north facing slope of the central ridge
at an elevation of approximately 2200 feet.
b. Geology
Three major rock types occur on Kingswood Ranch: Butano
sandstone, Vaqueros sandstone, and Lambert shale. These
rocks are found in the Santa Cruz Mountains west of the
San Andreas Fault. Butano sandstone underlays much of
the southern portion of the site while Vaqueros sandstone
underlays the northwestern and north central portion.
Lambert shale underlays the northeastern portion of the
site including Sierra Morena and the vicinity of Skyline
Boulevard and Bear Gulch Road.
The site is located in a zone of moderate to moderately high
landslide susceptibility. The above rock types are approxi-
mately equal with regard to landslide susceptibility.
Generally, steeper slopes are more prone to landsliding.
Landslides on the site appear to be related as well to
groundwater seeps, road cuts and stream bank undercutting.
Several large and small slides are located on the slopes
of the canyons and ravines, particularly in the southern
portion of the site. The dense forest cover obscures most
of the smaller slides. A large slide exists on the south
side of El Corte de Madera Creek. Additional slides undoubt-
edly are present on the site.
The most unique feature on the property is the sandstone
formation - a series of sandstone outcroppings at about an
elevation of 2200 feet on the north side of the central
ridge mass associated with Sierra Morena. The formation,
also called tafoni, was formed by natural erosion processes
in the vertical faces of the sandstone. Erosion has removed
softer rock material leaving a honeycomb surface to the rocks
in some places, columnar structures in some places and deeper
caves or depressions elsewhere. A San Mateo County Parks
proposal was made in 1974 to preserve this formation by
purchasing the land and creating visitor facilities , but
was never implemented.
R-85-42 Page 5
The dominant soil types vary from 30 to 60 inches deep over
a bedrock generally composed of sandstone. Runoff is gen-
erally rapid because of steep slopes. These soils are good
for growing timber, particularly redwood and Douglas fir.
Landslides pose a greater threat than surface erosion.
North of El Corte de Madera Creek soil depths may be
as shallow as 20 inches. Runoff is very rapid and erosion
hazard is rated as high.
C. Natural Resources
Vegetation patterns on the property are typical of the
Santa Cruz Mountains , reflecting the influence of a varied
topography and micro-climate. In general , the creek canyons
provide the "flow routes" for cool, moist air while the
high central ridge experiences warmer drier air. Redwood
forests primarily occur in the moist canyons. Douglas fir
occupy the cooler, northern slopes, and grassland, oaks and
madrone are found on the warmer, exposed south and west slopes.
In Parcel A, nearly pure stands of redwood are found along
El Corte de Madera Creek. Large portions of the mid-slopes
are covered with mixed stands of tanoak interspersed with
scattered redwood, Douglas fir and madrone. The steep slopes
below Star Hill Road support a dense tanoak forest. Parcel B,
the central ridge, is dominated by Douglas fir, accompanied
by tanoak and madrone with a brushy understory of huckleberry,
manzanita, coyote brush, and poison oak.
Recent logging has resulted in increased growth of under-
story vegetation. Cutover stands contain dense tangles of
ceonothus , huckleberry and logging slash. Levels of fuel
and resultant fire hazard are often high.
Deer tracks and coyote droppings were abundant in the steep
slopes below Star Hill Road. Raccoons have left tracks in
the mud next to El Corte de Madera Creek, indicating that
good populations of these larger mammals are present on the
property. Although never permitted by the present owner,
there is evidence that some hunting occurs on the property.
The site provides nesting and roosting habitat for red-tailed
hawks; however, there is little habitat on the site suitable
for their hunting activity. Thus the most probable roosting
areas are standing snags in the southerly and southwesterly
ridge top areas, near the more open grassy country to the
south and southwest.
Dense aggregations of ladybird beetles over-winter in the
vicinity of an old bridge and dam located on El Corte de
Madera Creek near the southwesterly corner of the site.
Much of the wildlife activity on the site centers on the
creeks which provide breeding sites for the amphibians and
a year-round cool, moist atmosphere. The streams are said
R-85-42 Page 6
to support fish, including steelhead trout and stickleback
(a small non-game fish common in coastal streams) . The
suitability of the creeks for steelhead spawning is reduced
by debris from old logging activity and by the high silt
load carried by the creeks.
3. Cultural History
Much of the property was logged before the turn of the century.
Several sawmills were located on the site and at least one
shingle factory. First growth redwood and Douglas fir were
harvested between 1900 and 1920. This logging was a clear-cut
operation, removing virtually all the timber. Extensive erosion
undoubtedly followed, removing soil from the slopes and depositing
it as sediment in the streams. Today there are probably more
hardwood stands of tanoak and madrone and less Douglas fir and
redwood than in pre-logging days. The logging of the second
growth trees began in the mid 1960s and continues to the present.
Logging of the second growth is a selective cut operation
removing mostly the larger trees. There are a few localities
along the southern part of El Corte de Madera Creek where old
growth redwoods were not logged, because of the steepness of the
terrain.
B. Current Use and Development
1. Timber
The property is considered to be primarily commercial timberland,
most recently logged by Big Creek Lumber Company. Currently Big
Creek is harvesting approximately 1� million board feet of timber
from 215 acres located in Parcel 1 and hauling it out via the
central ridge road to Skeggs Point.
As mentioned earlier, Big Creek also currently has the right to
harvest 4h million board feet of timber from the property, plus
enough additional timber to make the property owner ' s payments
of $200, 000 per year for four years to the Federal Land Bank.
Under San Mateo County rules, a maximum of 60 percent of trees
18" in diameter at breast height (d.b.h. ) and larger may be cut.
Big Creek usually harvests between 50 and 60 percent of these
trees. Much of the timberland can be logged by conventional
tractor methods, although the steeper slopes require cables for
haulout. Logging is usually conducted between April and October,
but Big Creek plans to continue past October as long as weather
and site conditions remain dry.
Parcel A was partially logged in 1974 , and then again in 1979
and 1980. Big Creek Lumber Company apparently still owns timber
rights permitting timber harvest through April 1 , 1995 in this
area. Since logging on this parcel would not be acceptable
to the District, Mr. Hosking will obtain a Quitclaim Deed from
Big Creek Lumber Company before escrow closes.
R-85-42 Page 7
According to a Timber Management Plan prepared in 1977 and
approved by San Mateo County, Parcel A contained 480 acres of
coniferous timberland, 321 acres young growth and 35 acres
cutover. The young growth timber consisted of typical second-
growth redwood and Douglas fir stands ranging in age from 80 to
150 years. This timber could produce a long-term potential
yield of around 2 . 5 million board feet during each successive
10 year cutting cycle. Some of the best timber lies in the
El Corte de Madera Creek drainage, but it is this timber that
also gives the property its outstanding recreational and open
space value.
2. Motorcycles
The property has suffered in the past from trespass use by
motorcycles and four-wheel drive vehicles. To counteract this
damaging trespass activity, the owner authorized Pacific Inter-
national Trails Society (PITS) , a motorcycle club, to ride on
the property under provisions of a month-to-month lease contract
which requires PITS to expel unauthorized vehicle users from
the property. In addition, PITS is required to maintain existing
erosion control structures installed following timber harvesting
and to construct erosion control structures on their trails.
The PITS motorcycle use is carried out on most of the roads and
probably about one-third of the skid trails. The motorcyclists
also use narrow connecting trails which may be as much as another
10 miles in total length.
Many trails currently in use by PITS have not been properly main-
tained with water bars , thus causing extensive scraping and
erosion. Portions of El Corte de Madera Creek and its tributaries
have received heavy motorcycle use in the streambeds. Some steep
shortcut trails are little more than grooves three and four feet
deep in places.
The 1977 Timber Management Plan recommended that motorcycle
use be prohibited in harvested areas for 5 years after logging
is completed to allow for soil stabilization. The plan also
suggested restricting motorcycle use if the property is developed
for recreational use to minimize noise pollution and potential
use conflicts. The PITS contract would be discontinued on the
entire property as a part of the acquisition.
3. Roads
Approximately 30 miles of temporary and permanent logging roads
exist on Kingswood Ranch, forming a network throughout the
property. All roads are dirt, with water bars to prevent erosion.
The recent history of inadequate erosion control and the severe
winters of 1981-1982 and 1982-1983 have damaged many of the
roads. In addition to roads , timber harvesting utilizes skid
trails, most of which are simply running straight up and down
the steep slopes. The existence of all these exposed surfaces
plus the motorcycle routes have created a high erosion hazard.
R-85-42 Page 8
The two major roads in Parcels A and B are the Lower Road
from Skeggs Point that follows the north side of the central
ridge and the El Corte de Madera Creek Road that in some places
was constructed in the creekbed and in the creek itself, which
is clogged with silt and debris. Some of the culverts are also
clogged. Even at this time of year, there are several wet
places in this road which make it difficult for even a 4-wheel
drive vehicle and would certainly make it impassable in winter.
El Corte de Madera Creek Road joins a road which climbs to
Star Hill Road, permitting a through patrol route.
4. Trail Connections
The property is within 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.
The network of logging roads and motorcycle trails within the
property will permit a variety of loop trips . The sandstone
formation can be reached by walking along the Lower Road and
following a spur road out along the ridge from which a short
trail leads to the formation. Alternatively, one could hike
down along the Corte Madera Creek Road and follow a steeper
trail up a heavily wooded north facing slope to the sandstone
formation. The formation is approximately one mile from
Skyline Boulevard.
El Corte de Madera Creek Road passes through the most attractive
redwood groves on the property and the presence of the year-
round creek adds to the attractiveness of this route.
The Lower Road connects with a road following the central ridge,
ending at a vista point with a picnic table. This is the best
view location within the site. Because of the low growing plants ,
primarily manzanita, expansive views to the south and west are
permitted; one can see into the south canyon of El Corte de Madera
Creek and over the mountainous terrain for many miles to the
Pacific Ocean.
R-85-42 Page 9
5. Access
Bounded by three public roads , Kingswood Ranch has many poten-
tial access points. Two access roads enter the property from
Bear Gulch Road, four from Skyline Boulevard, and three from
Star Hill Road.
Public parking for access to this area is available at Skeggs
Point, a large CalTrans vista point parking area east of
Skyline Boulevard, just south of the main entrance. At the
entrance are two existing gated roads, one to Mr. Hosking ' s
residence and the Upper Road, the other to the Lower Road and
the El Corte de Madera Creek Road. The members of the public
could enter via a stile next to the Lower Road gate.
6. Improvements
Aside from the roads and trails , there is a large and unusual
concrete horseshoe-shaped picnic table next to El Corte de Madera
Creek near the southern boundary of Parcel A. A tree has fallen
on this table, partly crushing it. The table originally was
surrounded by concrete stools , but the stools have been van-
dalized. Most of the seats are broken, leaving metal rods pro-
truding from the bases , but the site still evokes images of
elegant picnics in the forest in years long past.
Another small wooden picnic table is located at a view point
on the south side of a knoll along the central ridge associated
with Sierra Morena on Parcel B. No other buildings or structures
are found on the area considered for acquisition.
There are locked gates at the Lower Road and Star Hill Road
entrances.
7 . Water Supply Systems
A six-inch domestic water supply line owned by the Skyline
County Water District (SCWD) is located along Skyline Boulevard
adjacent to the northeastern boundary of the site. Two storage
tanks containing approximately 350 ,000 gallons adjoin the site
west of Skyline Boulevard. There is an easement for a waterline
parallel to Skyline Boulevard.
A small stagnant pond is located at the point where El Corte de
Madera Creek bends to the south. A pumphouse next to the pond
pumps water up to some houses on Star Hill Road. The residents
have an easement to use the road to service the pump.
8. Site Problems
Due to the logging history of the site, the creeks have a high
sediment and debris load. Logging debris forms dams in the
creeks near which silt, sand, gravel, mud and slash accumulate.
These dams are periodically breached by large winter storms
and the sediments move downstream until they are trapped by
other similar dams. Because of this action, the creek channels
are unstable and periodically change in character at any given
place.
R-85-42 Page 10
Seeps and springs are located throughout the site. Many seeps
flow only briefly after rain and create mud holes in roads and
washouts during the rainy October-April period. Other seeps
and springs are perennial and create erosion hazards or slope
instability. Where roadcuts expose strong spring flows , the
slopes could slump or slide.
Although fire was probably used in conjunction with the old
logging operations , there is no evidence of recent fire activity
on the site. The lack of fire has led to the buildup of fuel
in the brushy vegetation areas, and the potential for a dangerous
wildland fire is increased. There are accumulations of fuel
on-site from logging slash and from trees brought down by wind
and by the unusual snowfalls of 1974 and 1975.
The sandstone formation has been used as a party spot and has
been somewhat vandalized over the years by climbers. The
delicate stone lace formations crumble quite easily, and need
protection from visitor impact.
9. Easements
In addition to the two easements described earlier through
Parcel C and providing access to the site from Skeggs Point,
the following easements exist:
a. A 200' easement for riding and hiking trail purposes
along El Corte de Madera Creek.
b. Three 100' wide easements on either side of adjacent
private property lines from Swett Road to El Corte de
Madera Creek.
C. An easement from El Corte de Madera Creek up to Star
Hill Road. The District would own fee title to one-half
of the access road if the Private Parcel is gifted to
the District.
d. Numerous other easements for riding and hiking trail
purposes were granted as part of the "Country Develop-
ment Co. " subdivision when the property was subdivided
into 16 lots (13 of these original lots would be
included in the acquisition and the remaining 3 lots
would remain under private ownership) .
C. Potential Use and Development
Following acquisition, the property would be open to the public for
hiking, riding, picnicking, nature study, photography, and other
low intensity recreational uses. Signs and motorcycle barriers
would be installed and District Rangers would patrol the site
regularly. Staff could prepare a brochure explaining the origins
of the sandstone formation and docents could be instructed to lead
interpretive hikes to the site.
R-85-42 Page 11
There are two roads which, with minimal work, could be made part
of the trail network, greatly enhancing loop trip possibilities .
One road starts at the northeast corner of the property at the
intersection of Swett Road and Skyline Boulevard. There is a
large pullout here which could accommodate parking. This road,
one of the original roads on the property, winds gradually down
to El Corte de Madera Creek. The final connection across the
creek to El Corte de Madera Creek Road remains to be constructed.
Also, the road needs clearing at the top where it adjoins the
pullout. This new entrance, located across Skyline Boulevard from
an entrance to the California Riding and Hiking Trail , would thereby
link the property with Huddart and Wunderlich County Parks.
The other road comes up from El Corte de Madera Creek and approaches
the end of the central ridge where the picnic table overlook is
located. Developing a connection between these points would create
an attractive loop route encompassing both ridge and creekside
environments.
The pond described in the water supply systems section of this
report has silted in and is shallow and stagnant. If temporarily
drained to remove excess sediment, it could provide excellent
recreational and wildlife benefits and a source of water for fire
protection.
A Sandstone Caves Concept Plan, prepared by San Mateo County in
1974 but never implemented, describes potential public facilities
designed to give access while protecting the rock formations. The
County proposed constructing a system of controlled walkways and
deck areas around the formation to which visitors would be restricted.
A flat area to the south was to be used for interpretive exhibits,
a restroom and picnicking. If the area proves popular and appears
to need additional protection in the future, the District may want
to encourage the County on a cooperative basis to implement their
plan, or to consider District installation of such facilities .
Many of the skid roads and motorcycle trails are steep, eroded
and unsuitable for hiking. Such trails should eventually be
phased out and restored to a natural condition.
D. Planning Considerations
Parcels A and B are within the Timber Production Zone of 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 restrictions
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.
R-85-42 Page 12
The nor-t-,br--asterly portion of the site falls within the County ' s
Skyline Scenic Corridor which is designed to protect the natural
integrity of the Skyline Ridge.
Earlier this year, the County approved the Overall Development
Scheme for Kingswood Ranch. This plan proposed 73 single family
lots and an equestrian facility on Parcels A and B, most of which
would be located on the main ridge bisecting the site. An addi-
tional 28 dwellings were approved for the southeast portion of
Parcel 2 along Skyline Boulevard. A Computer-Assisted Density
Study concluded that the overall potential density for the property
would be 108 residential units , and the County has informally
accepted this conclusion.
Only a very small part (210 acres) of Parcel 1 adjacent to Star Hill
Road falls within the Coastal Zone.
The property received a variety of ratings for open space value on
the District' s Master Plan, ranging from high along Skyline Boule-
vard and the riparian corridors, to low in the steeper more remote
areas of Parcels 1 and 2 . The San Mateo County Trail Plan shows
no trails proposed through the area.
E. Interim Use and Management Recommendations
The Interim Use and Management recommendations contained below
generally represent a status quo plan of use and management for the
site and, in accordance with the District' s planning process, will
be effective until an initial Use and Management Plan is prepared
in approximately one year. Management emphasis during this period
of time would be placed on curtailing illegal activities, primarily
motorcycle access , camping, and defacement of the sandstone out-
croppings.
It should be recognized that even though the short-term management
impacts of acquiring Parcels A and B should not be considered
momentous, the impacts of managing this parcel combined with the
proposed long-term additions do lead to considerable impacts on
the District ' s Operations and Maintenance Program. This impact is
largely due to the size and condition of the site , the creation of
a large new District preserve, and the current poor site use patterns.
Approximately $38 , 000 of contingency funds were identified in the
1985-1986 open Space Management budget report in the event a major
acquisition, such as this one, occurred. Of this sum, $8 , 000 is
slated for site security and preparation and $30 , 000 to add an
additional Ranger and patrol vehicle by the end of the calendar year.
The proposed Interim Use and Management recommendations for Parcels
A and B are as follows:
1. The site will be open to the public with primary access provided
on the lower road near Skeggs Point. Visitors will be encouraged
to obtain copies of a site map from the District office which
will show the Preserve boundaries and the major trail routes.
In an effort to discourage trespass, the easement trail along
the El Corte de Madera Creek will not be shown on the map until
proper signage and motorcycle barriers can be installed.
R-85-42 Page 13
2 . Wildland signs , preserve and private property signs , and
boundary plaques will be placed where appropriate. In addition,
special signs will be prepared to delineate the easement trail
which passes through private property. The estimated cost is
$750 and funding was identified as contingency in the 1985-1986
budget preparation process.
3. The existing patrol and fire protection roads will be kept open.
The estimated cost is $2500 and funding was identified as con-
tingency in the 1985-1986 budget preparation process.
4. Barriers, including fences, gates and poles, will be placed
at key access points to prevent illegal access by motorcycles.
The estimated cost is $3500 and funding was identified as con-
tingency in the 1985-1986 budget preparation process.
5. A reinforced concrete picnic table and fire pits located near
El Corte de Madera Creek will be removed due to their hazardous
and dilapidated condition. This facility is presently an
attractive nuisance as the fire pits will encourage illegal
camp fires and the protruding metal in the table could be
dangerous. Although staff recommends removal of this potential
hazard at this time, this particular site, as well as others ,
will be evaluated for potential picnic facilities in the future.
The estimated cost is $1000 and funding was identified as con-
tingency in the 1985-1986 budget preparation process.
6. This new preserve will require a significant amount of patrol
and maintenance which, when combined with the increasing patrol
and maintenance needs at the nearby Purisima Creek Redwoods Open
Space Preserve, necessitates the hiring of an additional Ranger.
An estimated 25-30 hours of Ranger time per week will initially
be required on this new preserve. Contingency funding of $30 ,000
was identified in the 1985-1986 budget preparation process to
fund this possible field staff addition and an additional fully
equipped patrol vehicle. As has been mentioned earlier, the
dwelling unit in the barn building will also be available as an
on-site Ranger Residence.
7. The sandstone outcroppings will be signed to prevent visitors
from climbing them, an activity which has apparently damaged
their unique beauty. Staff will evaluate the condition of the
formation and possibly modify this recommendation to provide
limited access at a later date. The estimated cost is $250.
8. The disturbed condition of the site , caused by logging and
motorcycle activities, will require considerable planning
attention. Staff is currently preparing policies for Board
approval which will provide a general resource management plan
and guidelines that will assist in the preparation of a specific
resource management plan for this site. Stump and slash removal
and general site renovation are long range concerns that will
require outside expertise and funding resources and a plan
which takes into account the option phasing of site acquisition.
Staff will research the needs of site renovation both short
and long-term and will return with a plan of action when ready.
R-85-42 Page 14
F. Dedication
It is recommended that this site be dedicated as open space.
G. Name
It is recommended that the site be unofficially named El Corte de
Madera Creek Open Space Preserve. The proposed name for this new
preserve comes from the creek that is the headwaters of the
El Corte de Madera watershed. Official naming would occur when
the Preserve' s first Use and Management Plan is presented to you.
H. Terms
The acquisition proposal for the Hosking property consists of
two basic agreements: 1) the purchase agreement and 2) the option
agreement. Both of these agreements include numerous attachments
and exhibits; however, a general discussion of the transaction
centering around the main provisions of the two agreements follows
below. Also included are a valuation analysis and an analysis of
District cash flow over the 20-year period during which this trans-
action could potentially effect the District ' s ability to acquire
additional open space lands.
1. Agreements and Terms of Purchase
a. Master Purchase Agreement
In reference to the attached map, the initial Master Pur-
chase Agreement covers acquisition of the following areas:
i) Parcel A containing approximately 515 acres
(excluding Theresa' s lot. )
ii) Parcel B containing approximately 80 acres.
iii) A right of first refusal for the 3 . 8 acre lot which
would be retained by Theresa Hosking.
iv) A restriction right over a 5 . 7 acre life estate area.
v) A public access easement and public trail easement
over Parcel C.
vi) A development restriction and right of first refusal
over the 110 acre Parcel C, being retained by the
Hoskings .
vii) A free Ranger apartment in the barn area.
viii) The dedication of a 25 car parking lot across from
Wunderlich Park in the event the balance of the
property is not acquired under the option.
ix) A four year option to acquire the balance of the
property, with the first year option payment included.
The full purchase price under the master agreement would
be a total of $3 ,675 ,000 , which generally breaks down as
follows:
R-85-42 Page 15
i) Approximately $1 ,147 ,500 in cash at closing.
(Richard T. Berger will receive approximately
$280 , 000 of this amount to pay off delinquent
notes on the property. )
ii) $333 ,000 in existing notes from Frank Amaral.
(These notes have an acceleration clause and may
have to be paid off in escrow by the District
if an acceptable compromise cannot be reached. )
iii) $488 ,000 in 8% , 5 year notes
$478 ,000 in 8% , 5 year notes
$478 ,000 in 9% , 10 year notes
(All of these notes will be assigned to Richard T.
Berger in exchange for existing notes on the property. )
iv) $750 ,000 in 8% , 10 year notes to Mr. Hosking.
Additionally, the agreement calls for the District to cover
Mr. Hosking' s interest charges , approximately $700 per day,
on the existing Amaral and Berger notes from July 12 , 1985
to August 9 , 1985. This cost is a result of delays caused
directly by the District in approving and closing of the
transaction. The total cost of this interest payment will
be approximately $20 ,000 , although the exact figure will
not be known until close of escrow.
b. Option Agreement
The option would go into effect on August 9 , 1985 , the
anticipated date of close of escrow; and extend for one
year. The option could be extended for three additional
years upon making the following payments :
• Year 2 $300 ,000 ($100 , 000 of which would be applicable
against the purchase price - cash down)
• Year 3 $350,000 ($50 ,000 of which would be applicable
against the purchase price - notes)
• Year 4 $400 ,000 (none of which would be applicable
against the purchase price)
Although the option payments would be made on the anniver-
sary date of close of escrow, the District would have to
notify Mr. Hosking on March 1 (with a 15-day grace period)
of each year as to its intentions in order to allow
Mr. Hosking to sell timber in the event the District does
not extend the option.
The option payments freeze the purchase price for Parcels
1 and 2 at $11 ,725 ,000 ($5 ,575 , 000 for Parcel 1 and
$6 , 050 ,000 for Parcel 2) . The option payments therefore
represent 2 . 50 , 2 . 9% and 3 . 4% of the purchase price during
the option period. It is the best estimate that overall
land values are rising at a rate of 6% (simple interest) ;
therefore, the option payments represent a very favorable
rate to the District.
R-85-42 Page 16
If the option were exercised at any time during the 4-year
period (without penalty for early exercise) , the District
would take title to both Parcel 1 and Parcel 2 , but would
begin paying for Parcel 1 only based upon the price of
$5 , 575 ,000 for the 1186 acres ($4 ,700/acre) . The terms
would be 20% down ($1,115 ,000) with the balance of
$4 ,460,000 in 10 year, 8% notes (less option payment credits) .
At that point, all logging on the property would cease. ILule-BB
Big Creek Lumber has not completed harvest of the entire
4. 5 million board feet of timber that they own outright.
This option transaction would be a defeasible fee contract
(fee title could be defeated) , since after the elapse of
six years (or earlier) the District would have to make
the decision to pay for Parcel 2 or deed it back to
Mr. Hosking. If the District decided to pay for and keep
Parcel 2 , the price would be $6 , 050 ,000. This price would
be accelerated by 6% over the period from date of exercise
of the option to the date of the election to retain Parcel
2 (a maximum of 6 years , representing a potential 360
increase in the purchase price. That would total
$8 ,228 , 000) . The terms would be 20% cash down with the
balance of 80% payable over 10 years at 8% interest.
Also, if the District exercises the option, Mr. Hosking
would be allowed to retain the barn area (approximately
5 acres) under a rent-free lease agreement until all of
the property is fully paid for, which could be as long as
16 years after the initial option. However, Mr. Hosking
would continue to provide a free Ranger apartment during
the entire leasehold period.
If all options were exercised, the maximum amount of time
would be 20 years from the first closure to completion.
In the event the District did not elect to acquire Parcel 2 ,
Mr. Hosking would receive title back and be allowed to
develop 50 units on this 888 acre parcel . The District
would be a co-applicant, as portions of the District land
would be required in order to provide the density area
for 50 lots , although the District would retain fee title
to all of its previously acquired land in the event of
development of Parcel 2 .
2. Valuation
As mentioned earlier in the report, the entire property contains
approximately 2784 acres and the timber stand is estimated at
70 million board feet.
a. Timber Value
The timber on the Amaral Tract consists of 27% Doulgas
fir and 73% redwood, while the balance of the property
consists of 22% Douglas fir and 78% redwood. The timber
value estimate is based upon the most recent Harvest Value
Schedules from the California State Board of Equalization
(Area 2, Southern portion--Sonoma County to Monterey County) .
R-85-42 Page 17
These are the figures used by the State in determining
the value of timber on TPZ (Timber Production Zone)
land for property tax purposes. Generally, their values
would be considered to be conservative; however, the
timber market is currently falling and it is my opinion
that these values fairly represent the value of the
timber on Mr. Hosking ' s property. The agreement acknowl-
edges that Big Creek Lumber Company has the right to take
4. 5 million board feet of timber from Parcels 1 and 2 ,
and Mr. Hosking is allowed to harvest enough timber during
the option period to make the annual Land Bank payments
of $200, 000 . This amount of timber over the four year
option period (assuming the District does not exercise
the option early) would be an additional 625, 000 board
feet. Therefore, the total volume of timber has been
reduced by the 5 ,125 thousand board feet (MBF) . The timber
value totals are as follows:
Amaral Tract:
• Harvestable 6 , 887 MBF @ $124/MBF = $ 857 , 400
10% profit margin 85 ,740)
Total $ 771,660
• Residual 4 ,593 MBF @ $ 80/MBF = $ 371 ,328
Total Timber
(Amaral) 11 ,480 MBF @ $100/MBF = $1 , 142 ,988
Property Balance:
• Harvestable 32 ,525 MBF @ $128/MBF = $4 ,176,000
10% profit margin 417 ,600)
$3 ,758 ,400
• Residual 21 ,682 MBF @ $ 83/MBF = $1,807 ,288
Total Timber
(Balance) 54 ,207 MBF @ $103/MBF = $5 ,565 ,688
Grand Total:
(All Lands) 65 ,687 MBF @ $102/MBF = $6 ,708 ,676
Land rent @ $1000/acre = 2 ,784 ,000
$9 , 492 ,676
2784 acres @ $9,492 ,676 = $3400/acre average
R-85-42 Page 18
A detailed analysis of the timber value has been retained
in the files; however, some of the components include the
following:
• The ratio of Douglas fir to redwood (Douglas fir sells
for 20-25% of the value of redwood) .
• Tractor logging vs. cable logging (cable logging is
a much more expensive method of timber harvest) .
• Includes discount for culls and defects in the
standing trees.
• Only 60% of the net volume can be harvested in a
10-year period.
• The 40% residual timber is discounted at a rate of
65% (1/1. 0410) because it cannot be harvested for
10 years.
• The land underlying the timber has a market value
of $1000 based upon its rental value.
b. Development Potential
The current density studies indicate that 108 residential
units could be built on the property under the approved
Concept Plan. These units would be clustered and therefore
be an economical development project from a support system
standpoint (costs of roads and utilities, etc. ) . The
property is serviced by all utilities which are located
along Skyline Boulevard, including Skyline County Water
District. Because of the cluster effect, the timber harvest
potential of the property is not devalued. Based upon
comparable data , the lots are estimated to have a raw value
of $60 ,000 each or a total of $6 ,480 ,000.
C. Recapitulation of Value
Timber $ 9 ,492 ,676
Development 6 ,480, 000
TOTAL $15 , 972 , 676
Say $16 ,000 ,000*
2784 acres @ $16 ,000 ,000 = $5 ,735/acre average
This ignores the value of any existing improvements
including the Hosking' s partially finished home,
the barn and ancillary structures.
i" T .er t o;// .w soot/
\ /( 3 8 acres) rn r� �'';_ :i• _ - :.
Private I-
o / ropert `
]LIte Estate,
5 7 acres :Q • ''�` a, $
dg e ; ?' i u is
�\ f� il. �';: 'Trail
PARCEL A as
( fee)
NO
PARCEL C
° (retained)
///`.
`�� �` I, .l'F! •.:c'. -:••• yam• ~ • .� 11
PARCEL
RAID
;�,• ' •� ` �'p ".,, ale• C'
0 .
�6
ccess -
// PARCEL 1 ao °"•a °" .asement
-: ;.'(o t ' On) , i oo Public
r � r ! �- \•11 II1 ,' � _en.a+{-eye ', I
PARCEL 2 W / r
tion) �` f am
Area
0` .,, e.e 5 acres
I r20 -
I - 1`\ 1` � Ox•I •,ro �
( I 1 Bear Gulch
Road Area
ALAN HOSKING RANCH , INC. 7 <o ��, irJ• �`� /' t f
8/8/85 2784t acres
o
� O j
Parcel A . 515 . 45 acres
Parcel B . . 80 . 00 acres
Parcel C . 109 . 91 acres ,
Parcel 1 1186 . 66 acres '9� / .� Scale Yl" = 1500'
Parcel 2 888 . 63 acres
HOSKING PURCHASE EFFECT ON MROSD TWENTY YEAR CASH FLOW PROJECTION (millions)
(See Board Report for Assumptions) 1990- 1995- 2000-
1991 1996 2001
THROUGH THROUGH THROUGH
1985- 1986- 1987- 1988- 1989- 5 YEAR 1994- 1999- 2004-
1986 1987 1988 1989 1990 SUBTOTAL 1995 2000 2005
1. Income & Reserves:
Beginning Cash 8.6 4.5 7.0 4.0 4.5 8.6 4.5 7.5 10.0
Tax Revenue 6.5 6.8 7.2 7.0 7.5 35.0 46.3 65.0 91.1
Other Income 1.3 9.2 1 .3 4.2 4.2 20.1 21.8 23.4 25.7
TOTAL FUNDS AVAILABLE 16.4 20.5 15.5 15.2 16.2 63.7 72.6 95.9 126.8
2. Less Expenses:
Debt Service 4.6 4.2 5.0 4.0 4.0 21 .9 22.0 20.6 21.8
Land Mgt. & Site Development 1.4 1.3 1.5 1.7 1.9 7.6 14.3 26.2 45.7
Other Operating Expenses 1.1 1.0 1.1 1.2 1.3 5.7 9.0 14.4 23.2
TOTAL EXPENSES 7.1 6.5 7.6 6.9 7.2 35.2 45.3 61.2 90.7
3. Cash Balance: 9.3 14.0 7.9 8.3 9.0 28.5 27.3 34.7 36.1
(1 minus 2)
4. Operating Reserve: (4.5) (7.0) (4.0) (4.5) (4.5) (4.5) (7.5) (10.0) (12.0)
5. Available Funds for New Acqs. 4.8 7.0 3.9 3.8 4.5 24.0 19.8 24.7 24.1
(3 minus 4)
6. Hosking Cost* (1.1) ( .8) ( .9) ( .9) (1.4) (4.9) (4.9) (9.1) (4.4)
7, Remaining Funds for New Acqs. 3.7 6.2 3.0 2.9 3.1 19.1 14.9 15.6 19.7
(5 minus 6)
8, Acquires Average Acres** 1,300 2,100 1,000 1,000 860 6,200 3,700 3,000 2,800
(1,240/yr) ( 740/yr) ( 600/yr)( 560/yr)
* Assumes exercise of All Options, but not purchase of additional timber rights or Federal Land Bank loan payments.
** Current District holdings were acquired at an overall average cost of $2,895/acre. This average was used for
1985-86 and increased at a rate of 6% simple interest (best estimate of increase in land value) to determine
the number of acres that could be acquired in future years with the remaining acquisition. funds. The District
has acquired an average of 1400 acres per year since its inception. (The totals exclude the Hosking acreage.)
RESOLUTION NO. 85-38
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF MASTER AGREEMENT
FOR PURCHASE 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 APPRO-
PRIATE TO CLOSING OF THE TRANSACTION (EL CORTE
DE MADERA OPEN SPACE PRESERVE - 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 the offer contained
in that certain Master Agreement for Purchase of Interests in
Real Property between Alan Hosking Ranch, Inc. et al. and the
Midpeninsula Regional Open Space District, a copy of which is
attached hereto and by reference made a part thereof, and authorizes
the President or appropriate officers to execute the Agreement
on behalf of the District.
Section Two. The President of the Board of Directors or
other appropriate
pp oprlate 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, including extension of close of escrow.
Section Four. The General Manager of the District is
authorized to expend up to $30,000 to cover the cost of title
insurance escrow fe
es ,
interes
t costs , and other miscellaneous
costs related to this transaction.
Section F't n Five. The sum f 0 1 147 0$ , 5 0 is hereby ordered
to be withdrawn from the Midpeninsula Regional Open Space District
1985 Promissory Note Fund for this purchase.
* * * * * * * * * * * * * * * * * *
r
RESOLUTION NO. 85-39
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF OPTION AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE OPTION AGREEMENT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (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 approve and accept that
certain Option Agreement between Alan Hosking Ranch, Inc. et al.
and the Midpeninsula Regional Open Space District dated August 15 ,
1985 , 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 General Manager of the District shall
cause to be given appropriate notice of acceptance of Option
Agreement to optionor. The General Manager further is authorized
to execute any and all other documents necessary or appropriate
to the closing of the transaction.
J
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
NOTICE OF MEETING CANCELLATION
AND RESCHEDULING OF SPECIAL MEETING
The Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District called for Thursday, August 8 , 1985
at the District office, 375 Distel Circle, Suite D-1, Los Altos
beginning at 7 :30 P.M. has been cancelled.
The President of the Board has called a substitute Special Meeting
for Thursday, August 15 , 1985 at the District office, 375 Distel
Circle, Suite D-1, Los Altos beginning at 7 : 30 P.M. The purpose
of the meeting is to consider a land acquisition matter and any
other items that might be placed on the published agenda.
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
R-85-42 Page 19
d. Value of Total District Acquisition Proposal
i) On an average basis:
Parcel A 515 acres
Parcel B 80 acres
Parcel 1 1187 acres
Parcel 2 889 acres
2671 acres
2671 acres @ $5 ,735/acre = $15 , 318 , 185
Say $15 , 300 ,000
ii) On a residual basis:
Hosking to retain--
Family home area 110 acres
Theresa' s lot 4 acres
Bear Gulch Road area 6 acres
120 acres
Timber - 120 acres @ $3400/acre = $ 408 ,000
Nine (9) units of density @ $60 ,000 = 540 , 000
Value of Hosking retention = $ 948 , 000
Say $ 950 , 000
Total Value $16 ,000 , 000
Less Residual 950 , 000
$15 , 050 ,000
Say $15 ,000,000
Notes on Valuation
Since the most conservative acreage calculations (2784 acres
instead of 2922 as estimated by the County) have been used,
acreage from the timber calculations for the area of develop-
ment was not deducted. It is estimated that the development
would utilize approximately 200 acres of land. However, that
development area is generally on the ridge tops and adjacent
to Skyline in the areas of sparsest timber growth.
Valuation Conclusion
The residual method should be given more weight for calculating
the value of the District' s purchase proposal; therefore,
$15 , 000, 000 best approximates the value of the lands and inter-
ests to be acquired by the District. Although $15 ,000 ,000
compared with the total purchase price of $15 ,300 ,000 leaves
R-85-42 Page 20
an additional $300 , 000 to be accounted for, this amount does
not take into account the value of the public access and trail
easement, the conservation restrictions and right of first
refusal on the lands retained by Mr. Hosking, the quitclaim
of the interest in the former Wilkins ' lands , or the favorable
financing which covers a period of 20 years from the date of
close of escrow. The free Ranger quarters balances the barn
lease, and the life estate area is of little consequence to
the overall acquisition package since it lies on the west
side of Star Hill Road.
The initial purchase of 595 acres for $3 ,675 ,000 (or $6 , 000
per acre average compared to the overall average acreage
value of $5 ,735) would be purchased at a premium of approxi-
mately $158 ,000. This additional cost is well justified for
the following reasons:
i) The area being considered for purchase is the most
accessible and has the best preserved timber stand
and contains the Sandstone Caves formation.
ii) Included in the initial acquisition would be the
restrictions and easements over the major area
being retained by Mr. Hosking.
iii) District receives a free Ranger residence immediately
even though the option for the balance of the property
has not been exercised.
iv) Mr. Hosking has agreed to the public parking area
across from Wunderlich Park even if the option is
not exercised.
v) The cost for the first year of the option is
included in the initial acquisition.
vi) In the event the District makes the option payments
and exercises the option, a total of $150 ,000 would
be credited back against the purchase of Parcel I
of the option.
vii) The initial purchase includes the release of claims
Mr. Hosking may have on the former Wilkins ' property
by way of the Timber Royalty agreement with a face
value of $500 ,000.
3. Financial Analysis of District Cash Flow
Because of the potential long-range impact of this acquisition
on the District ' s future funding, a 20-year cash flow analysis
is attached. This summation was provided in part by the
District' s Controller, Michael Foster, and is based upon the
following assumptions:
R-85-42 Page 21
o Basic tax revenue up 7% per year (including supplemental
taxes)
o $400 ,000: grants + gifts per year
• 5% per year increase in rental income
• Issue $8 million of bonds in FY 86-87
• Issue $3 million of bonds every year starting FY 88-89
o Interest rates paid on bonds same as 1985 notes
• 9% interest income on cash reserves
o Site development: $150 , 000 in FY 86-87 + 10% each year
• Open Space Management expenses up 15% per year for next
10 years , dropping to 12% per year increases for
succeeding 10 years
• Other expenses up 10% per year
The significant aspects of this analysis show the anticipated
cash balance for each fiscal year (line 3) , less the operating
reserve (line 4) , leaving the balance available for new land
acquisition. The Hosking cost estimates are based upon
acquiring all of the property over a 20 year period with the
maximum time between the initial acquisition, exercise of the
option and election to retain Parcel 2 . Line 7 totals are
the remaining funds after the Hosking acquisition on a yearly
basis. The final line summarizes how many average acres could
be acquired with the remaining funds based upon historical
cost and acquisition activity. It should be noted that the
level of future acquisition activity is based upon cash pur-
chases; in actuality, many of those purchases could be partially
financed thereby stretching the cost over a greater time period.
The greatest impact on land acquisition capability is in the,
years after 1989. This is also the point in time when the
District would be making the decision about the exercise of the
initial option. Although this transaction is being presented
with the recommendation that the entire property be acquired,
and since the analysis is based upon that eventuality, another
cash flow analysis should be made at the time the election to
exercise the option is considered.
It should also be pointed out that the possibility of partial
funding from a future grant, such as from Save-the-Redwoods
League, or a major fund raising project, has not been included
in this analysis because of the uncertainties of such a funding
source. However, this property has the potential for a major
assistance grant in the future.
f
R-85-42 Page 22
Recommendations: I recommend that you adopt the following two resolutions:
1) Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of Master Agreement for
Purchase of Interests in Real Property, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and Authoriz-
ing General Manager to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction (El Corte de Madera
Creek Open Space Preserve - Hosking Property) .
2) Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of Option Agreement,
Authorizing Officer to Execute Option Agreement, and Authorizing
General Manager to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction (Hosking Property) .
I further recommend that you tentatively adopt the Interim Use and
Management recommendations contained in this report, officially dedicate
the property as open space, and unofficially name the property as the
new El Corte de Madera Creek Open Space Preserve.
I also recommend that you authorize me to transfer, as needed, from
the Open Space Acquisition New Land Commitments budget category to
the Open Space Management ' s budget for fiscal year 1985-1986 up to
$38 , 000 for funding needs identified in the report. Staff will return
with the details and policy implications associated with the hiring of
an additional Ranger as part of the Open Space Management staffing
study, the possible acquisition of a new patrol vehicle, and the poten-
tial addition of a new Ranger residence before expenditures are made.
However, I think that it is important to make the financial commitment
at this time as part of the acquisition decision.
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i
8508 .12
I
MASTER AGREEMENT FOR
TRANSFER OF INTERESTS Ili
REAL PROPERTY
Between
THE ALAN HOSKING RANCH, INC. ,
ALAN HOSKING and THERESA HOSKING
and
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 15 , 1985
I
Table of Contents
Section Page
1 . Purchase and Sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1 .01 Fee Parcels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1 .02 Right of First Refusal and Grant of
Easements for Public Trail/Riparian
Corridor and Ingress and Egress on
Parcel C. . . . . . . . . . . . . . . . . . • . 3
1 .03 Option to Purchase on Parcels1 and 2. . . . . . 4
1 .04 De
dication of Parking Area. . . . . . . . . . . . . . . . . 5
1 .05 Termination of Royalty Agreement
and Dismissal of Action. . . . . . . . . . . . . . . . . . 5
2. Purchase Price and Adjustments . . . . . . . . . . . . . . . . . . . 6
2.01 Cash Down Payment. . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.02 Notes to be Exchanged With Amaral . . . . . . . . . . 6
2 .03 Second Position Notes to be Exchanged
WithBurger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.04 Third Position Purchase Money Note to
Seller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Escrow and Closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3.01 Date of Closing. . . . . . . . . . . . . . . . . . . . . . . . 10
3.02 Items to be Delivered at the Closing. . . . . . . 11
3 . 03 Closing Costs and Prorations . . . . . . . . . . . . . . . 13
3.04 Title Insurance Policy. . . . . . . . . . . . . . . . . . . . . 13
3 .05 Escrow Instructions . . . . . . . . . . . . . . . . . . . . . . . . 15
4. Rights and Liabilities of the Parties in the
Event of Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5 . Seller 's Representations and Warranties . . . . . . . . . . 16
5 .01 Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 .02 Valid and Binding Agreements. . . . . . . . . . . . . . . 16
5 .03 Good Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 .04 No Undisclosed Leasehold Interests. . . . . . . . . 17
5 .05 True Copies of Existing Notes . . . . . . . . . . . . . . 17
6 . Waiver of Statutory Compensation. . . . . . . . . . . . . . . . . 17
7 . Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 .01 Choice of Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 .02 Attorneys ' Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 .03 Amendment and Waiver . . . . . . . . . . . . . . . . . . . . . . . 18
7 .04 Rights Cumulative. . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 .05 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 .06 Disclaimer of Representations . . . . . . . . . . . . . . 20
7 .07 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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Section Page
7 .08 Counterparts . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 21
7 .09 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7 . 10 Exhibits; Entire Agreement. . . . . . . . . . . . . . . . . 21
7 .11 Time of Essence. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7 . 12 Survival of Covenants, Representations
and Warranties . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7 . 13 Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7 .14 Further Documents and Acts . . . . . . . . . . . . . . . . . 22
7 . 15 Binding on Successors and Assigns. . . . . . . . . . 22
7 .16 Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7 . 17 Pronoun References. . . . . . . . . . . . . . . . . . . . . . . . . 23
7 .18 Broker ' s Commission . . . . . . . . . . . . . . . . . . . . . . . . 23
7 . 19 Like Kind Exchange. . . . . . . . . . . . . . . . . . . . . . . . . 23
8 . Acceptance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ii
List Of Exhibits
A The Map
B Legal Description of Property ( total property)
C-1 Preliminary Title Report and Legal Description of
Parcel A
C-2 Preliminary Title Report and Legal Description of
Parcel B
D "Grant Deed" - Grant Deed, Right of First Refusal and
Declaration of Restrictions (for Fee Parcels--including
reservation of Life Estate and of right of first
refusal , development restrictions and design review
with respect to Theresa ' s Lot)
E "Parcel C Instrument" - Grant of Easements for Public
Trail/Riparian Corridor and Ingress and Egress , and
Right of First Refusal
F Option Agreement ( including Exhibit I thereto "Option
Purchase Agreement" and Exhibit II thereto "Memorandum
of option" )
G Quitclaim Deed (Termination of Royalty Agreement)
H-1 Form of 5-year 8% Purchase Money Secured Promissory
Note ($333 ,500 )
H-2 Form of 5-year 8% Purchase Money Secured Promissory
Note ($488 ,000 )
H-3 Form of 5-year 8% Purchase Money Secured Promissory
Note ($478 ,000)
H-4 Form of 10-year 9% Purchase Money Secured Promissory
Note ($478 ,000 )
H-5 Form of 10-year 8% Purchase Money Secured Promissory
Note ($750 ,000 )
I-1 Form of Deed of Trust on Parcel A ($333 ,500)
1-2 Form of Deed of Trust on Parcel A ($488 ,000 )
1-3 Form of Deed of Trust on Parcel A ($478 ,000 )
1-4 Form of Deed of Trust on Parcel A ($478 ,000 )
1-5 Form of Deed of Trust on Parcel A ($750 ,000)
MASTER AGREEMENT FOR
TRANSFER OF INTERESTS IN REAL PROPERTY
This Agreement is made and entered into this 15th day of
August, 1985 , by and between 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 ( the foregoing Corporation and
individuals are hereinafter collectively called "Seller" ) , and
the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public
District (hereinafter called "District" ) .
RECITALS
A. Seller is the owner of certain real property 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" ) and legally described in Exhibit B
attached hereto ( the "Property" ) .
B. The Property totals somewhat over 2 , 750 acres and
includes land which has natural beauty, open space and
recreational value currently of interest to District.
C. District was organized as a public agency to acquire and
receive real and personal property for public park , recreation,
conservation and open space purposes in the San Francisco
Midpeninsula area.
D. Seller desires to sell and District desires to purchase
interests in the Property for the consideration and on the
terms and conditions hereinafter set forth .
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing
recitals and the mutual promises and covenants herein
contained, the parties hereto agree as follows :
1 . Purchase and Sale. Seller agrees to sell to
District, and District agrees to purchase from Seller , the
following interests in the Property:
1 .01 Fee Parcels . Seller agrees to sell to
District and District agrees to purchase from Seller , fee title
(subject to the reservations described below ) to that portion
of the Property designated as Parcel A and Parcel B on the Map,
and legally described in Exhibits C-1 ( Parcel A) and C-2
(Parcel B) (collectively, the "Fee Parcels" ) , comprising
approximately 600 acres, more or less ( Parcel A being
approximately 520 acres and Parcel B being approximately 80
acres ) . The Fee Parcels shall be conveyed together with any
easements , rights of way, or rights of use which may be
appurtenant or attributable to said lands , and any and all
improvements and/or fixtures attached or affixed thereto. The
transfer and conveyance of the Property interests described in
this Section 1 .01 shall be made by Seller ' s execution and
delivery of a Grant Deed, Right of First Refusal and
Declaration of Restrictions in the form attached as Exhibit D
( the "Grant Deed" ) .
As part of the purchase and sale of the Fee
Parcels and as provided in the Grant Deed, Seller shall retain
the following interests (subject to the stated restrictions ) :
(a) Seller shall retain and reserve fee title
to a portion of Parcel A, comprised of approximately 3 . 8 acres
2
lying westerly of Star Hill Road and identified as "Theresa 's
Lot" on the Map. The Grant Deed ( Exhibit D) includes a Right
of First Refusal and Declaration of Covenants , Conditions and
Restrictions encumbering Theresa 's Lot; and
(b ) The Seller shall retain , for the term
hereinafter set forth , a reservation of an estate for the
benefit of the Corporation , measured by the lives of Alan
Hosking and Theresa 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 , to a portion of Parcel A,
comprised of approximately 5 .7 acres lying between Star Hill
Road and Old Ridge Road and identified as "Life Estate" on the
Map. The term of the Life Estate snall expire on the sooner
of: ( i ) fifty ( 50) years after the date of Closing pursuant to
Section 3; or ( ii ) the death of the last surviving of the
above-listed Hosking family members . The Grant Deed (Exhibit
D) includes the reservation of said Life Estate and sets forth
tiie covenants , conditions and restrictions applicable to said
Life Estate .
1 .02 Right of First Refusal and Grant of Easements
for Public Trail/Riparian Corridor and Ingress and Egress on
Parcel C. A right of first refusal to purchase certain
property adjoining the Fee Parcels and designated as Parcel C
on the Map (containing approximately 110 acres ) , by Seller 's
execution and delivery of the Grant of Easements for Public
Trail/Riparian Corridor and Ingress and Egress , and Right of
First Refusal in the form attached hereto as Exhibit E ( the
"Parcel C Instrument" ) . The Parcel C Instrument provides for
the grant of an easement for public ingress and egress over a
portion of Parcel C and for tne grant of a public
trail/riparian corridor easement over a portion of Parcel C.
3
1 .03 Option to Purchase on Parcels 1 and 2. An
option to purchase ( the "Option" ) that portion of the Property
designated as Parcel 1 and Parcel 2 on the Map and legally
described in Exhibits I ( Parcel 1 ) and J ( Parcel 2) to the
Option Agreement described below ( the "Option Parcels" ) . The
grant of said option shall be made by Seller 's execution and
delivery of an option Agreement in the form attached as
Exhibit F (the "Option Agreement" ) . The parties shall also
execute, deliver and record a Memorandum of option in the form
attached as Exhibit II to the Option Agreement (the "Memorandum
of option" ) .
The parties acknowledge that Seller has
delivered to Harold White ( "White" ) an executed and recordable
deed for a portion of Parcel 2 , comprised of approximately
one-half ( 1/2) acre, and that said deed has not been recorded.
On or before the date of Closing pursuant to Section 3 , Seller
shall deliver to District a true , correct and complete copy of
said deed and District shall deliver to Seller an
acknowledgment ( in form reasonably acceptable to Seller ) that
its interest in Parcel 2 is subject to said deed and that
District will not contest the conveyance of said approximate
1/2 acre to Harold White pursuant to said deed. Seller shall
also execute and deliver to District a representation and
warranty ( in form reasonably acceptable to District) that the
copy of the deed delivered to District is a true , correct and
complete copy thereof.
The parties further acknowledge that portions of Parcel 2
(more particularly described as Parcels III, IV and V under
"Parcel 2" on the legal description of the Property attached
hereto as Exhibit B) have been conveyed by a recorded deed from
Seller to Richard T. Burger and that Seller has the option to
repurchase all of said conveyed property. On or before the
4
date of closing, Seller covenants and agrees that it shall
exercise its option to repurchase said property such that
Seller shall have, as of the date of Closing, good, marketable
and indefeasible fee title to all of the Property as required
under Section 5 .03 .
1 .04 Dedication of Parking Area. In the event the
District declines to exercise the Option referred to in Section
1 .03 above, as a part of Seller 's development proposal and
final development plans for Parcel 1 and Parcel 2 as shown on
the Map (Exhibit A) , Seller agrees to dedicate to the County of
San Mateo or to 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
area designated on the Map as the Barn Area, opposite and
southwesterly of San Mateo County Wunderlich County Park ,
adjacent to Skyline Boulevard. Seller shall not be responsible
for bearing any expense in connection with the development of
such parking area .
1 .05 Termination of Royalty Agreement and Dismissal
of Action. Seller shall quitclaim to District any and all
right, title and interest of Seller in and to certain real
property currently owned by District in which Seller claims an
interest (such property being separate and apart from the
Property shown on the Map ) , by execution and delivery of a
Quitclaim Deed in the form attached as Exhibit G ( the
"Quitclaim Deed' ) . The Quitclaim Deed provides for the
extinguishment of that certain Royalty Agreement dated
March 31, 1977 , by and between Seller and William T. Wilkins as
recorded on August 19 , 1977 , in Book 7580 at Page 580 (Serial
No . 6309AL) , official Records of San Mateo County. Seller
further agrees to dismiss that certain Legal Action No . 276441,
Superior Court of California, County of San Mateo in which a
notice of such action was recorded on July 11 , 1983 , Serial
5
No . 83070532, San Mateo County Offical Records , by execution
and delivery of a Release of Lis Pendens and Dismissal of
Action (with prejudice ) in a form acceptable to the District
( the 'Release of Lis Pendens and Dismissal* ) . In consideration
of Seller 's actions taken under this Section 1 .05 , District
shall pay Seller One Hundred Thousand Dollars ( $100 ,000 . 00 ) in
cash .
2. Purchase Price and Adjustments.
The total purchase price ( "Purchase Price" ) for all
of the interests in the Property described in Section 1 (except
for Seller ' s actions taken under Section 1 . 05 and except for
the additional payments required to maintain the Option as
specified in the Option Agreement ) shall be Three Million Five
Hundred Seventy-Five Thousand and No/100 Dollars
($3 ,575 ,000 . 00 ) , plus any accrued interest as provided in
Section 3. 01. Of said Purchase Price , the amount of
$475 ,000 . 00 shall be allocated to the purchase price of
Parcel 3 and the remainder shall be allocated to the purchase
price of Parcel A. The Purchase Price shall be payable as
follows:
2. 01 Cash Down Payment. A down payment in cash of
approximately One Million Forty-Seven Thousand Five Hundred and
N01100 Dollars (31 ,047 ,500. 00) plus certain accrued interest
pursuant to Section 3.01 , which cash down payment will equal
the Purchase Price less the aggregate principal amount of the
purchase money Secured Promissory Notes described in
Sections 2. 02, 2. 03 and 2. 04 ( such cash down payment is subject
to the possible $50 ,000 . 00 noldback pursuant to the provisions
of section 3 . 04 nereof) .
2. 02 Notes to be Exchanged _Witn Amaral . Purchase
money Secured Promissory Note in the principal amount of Three
6
Hundred Thirty-Three Thousand Five Hundred and No/100 Dollars
(3333 , 500 . 00) bearing interest at the rate of eight percent
( 8%) per annum, providing for equal annual payments of
principal (plus accrued interest ) over a five-year term, and in
the form attached hereto as Exhibit H-1 . It is contemplated
that Seller will exchange and assign said Note and a Deed of
Trust securing the same to extinguish six Notes held by Frank
V. Amaral secured by existing Deeds of Trust on portions of
Parcel A commonly identified as County Development Company
Lots 1, 2, 11 , 13 , 15 and 16 ( Title Exceptions 13 , 14 , 15 , 16 ,
17 and 18 as listed on Exhibit C-1) . The purchase money
Secured Promissory Note to be issued by District under this
Section 2. 02 shall be the senior debt obligation on Parcel A.
In the event it becomes necessary for District to work out
other arrangements witn Mr . Amaral , Seller agrees to cooperate
with District to the fullest extent possible in order to
facilitate a settlement of these obligations on a basis
acceptable to District .
2. 03 Second Position Notes to be Exchanged With
Burger . Three purchase money Second Promissory Notes in the
aggregate total principal amount of approximately One Million
Four Hundred Forty-Four Thousand and No/100 Dollars
(31 ,444 ,000) , each in the approximate principal amount as
follows:
(a ) Four Hundred Eighty-Eight Thousand and
No/100 Dollars (3488 , 000 ) , bearing interest at the rate of
eight percent ( 8%) per annum, providing for equal annual
payments of principal (plus accrued interest ) over a five-year
term, and in the form attached as Exhibit H-2.
(b) Four Hundred Seventy-Eight nousand and
No/100 Dollars (3478 ,000) , bearing interest at the rate of
7
eight percent ( 8%) per annum, providing for equal annual
payments of principal (plus accrued interest ) over a five-year
term, and in the form attached as Exhibit H-3.
(C) Four Hundred Seventy-Eight Thousand and
No/100 Dollars (3478 ,000) , Dearing interest at the rate of nine
percent ( 9% ) per annum, providing for equal annual payments of
principal (plus accrued interest ) over a ten-year term, and in
the form attached as Exhibit H-4 .
It is contemplated that Seller will exchange
and assign said three Notes and Deeds of Trust to extinguish
three Notes secured by Deeds of Trust veld by Richard T.
Burger , more particularly described as follows:
(a ) Note dated Marcn 28 , 1984 , in the
original principal amount of $250 ,000. 00 , secured by a Deed of
Trust encumbering Parcel A, as described in Title Exception 37
of the Preliminary Title Report attached as Exhibit C-1 .
(b ) Note dated November 3, 1983 , in the
original principal amount of $500 ,000 . 00 , secured by a Deed of
Trust encumbering Parcel A, as described in Title Exception 38
or the Preliminary Title Report attached as Exhibit C-1 .
(c ) Note in the principal amount of
$225 ,000. 00 ( which replaced a note dated August 1 , 1984 , in the
original principal amount of $125,000. 00) , Dearing interest at
the rate of 12% per annum and payable on or before August 1 ,
1986 , with the property at 15000 Skyline serving as collateral
for such indebtedness .
It is anticipated that Burger will agree to
cancel said existing Notes and reconvey all existing Deeds of
Trust securing same ( including any deeds of trust, options or
other security devices encumbering other properties of Seller )
in consideration of District ' s execution of the three new
purchase money Secured Promissory Notes described in this
Section 2. 03 and the three new Deeds of Trust to secure same ,
and the assignment by Seller to Burger of said three new Notes
and Deeds of Trust. The three Notes and Deeds of Trust
provided for in this Section 2. 03 shall be junior to the
obligation described in Section 2. 02 and senior to that
described in Section 2. 04.
2. 04 Third Position Purchase Money Second Note to
Seller . A purchase money Promissory Note in the principal
amount of Seven Hundred Fifty Thousand and No/100 Dollars
(3750 , 000 ) , bearing interest at the rate of eight percent ( 8% )
per annum, providing for equal annual payments of principal and
semi-annual payments of accrued interest over a ten-year term,
and in the form attached as Exhibit H-5. The Note and Deed of
Trust described in this Section 2. 04 shall be junior to the
obligations described in Sections 2 . 02 and 2. 03 .
3. 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 transfer of the interests in the Property described herein
shall be consummated. A fully executed copy of this Agreement
snall be deposited with Escrow Holder to serve as escrow
instructions . The parties shall execute sucn additional
supplementary or customary escrow instructions as Escrow Holder
may from time to time reasonably require. This Agreement nay
be amended or supplemented by explicit additional escrow
instructions signed by the parties , but the printed portion of
such escrow instructions snall not supersede any inconsistent
9
provisions contained herein . Escrow Holder is hereby appointed
and designated to act as an escrow nolder 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 following terms and conditions:
3. 01 Date of Closing. The Closing snall be on or
before August 30 , 1985 , provided, however , that the parties
may, by written agreement , extend the time for Closing. As
part of the Purchase Price , District shall pay at the Closing
an amount equal to the interest accruing to the molders of the
existing notes described in Sections 2. 02 and 2 . 03 for the
period from and including July 12, 1985 to and including August
9 , 1985 . For the period from and including August 10 , 1985 , to
and including August 16 , 1985 , the interest costs shall be
borne equally by Seller and District . To the extent the
Closing is delayed beyond August 16 , 1985 , the "Non-Performing
Party" , as defined herein , shall bear such interest costs ;
provided, however , that during such time as both the District
and the Seller are Non-Performing Parties or during such time
as the Closing is delayed solely because the Title Company has
not performed (both parties having fully performed) , the
interest costs snall be borne equally by the Seller and by
District . After August 16 , 1985 , the District shall be deemed
a Non-Performing Party to the extent the Closing is delayed
because the District has failed to execute and deliver all
documents required by it or has otherwise failed to take all
the actions required on its part to effect the Closing
( including , for such purpose , securing the cooperation and
documents required of Mr . Frank V. Amaral pursuant to
Section 2. 02 hereof ) . After August 16 , 1985, Seller shall be
deemed a Non-Performing Party to the extent the Closing is
delayed for any reason other tnan as set forth in the preceding
sentence .
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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 3. 04 and the performance
by botn parties of their respective obligations hereunder .
3. 02 Items to be Delivered at the Closing .
( a ) 3y Seller . Seller shall deposit (or
cause to be deposited ) into the escrow on or oefore the Closing:
(i ) the executed Grant Deed
( Exhibit D) ;
( ii ) the executed Parcel C Instrument
( Exhibit E) ;
( iii ) the executed Option Agreement, the
Memorandum of Option and the Option Purcnase Agreement (all as
included in Exhibit F) ;
( iv ) the executed Quitclaim Deed
( Exhibit G) and the Release of Lis Pendens and Dismissal in
form acceptable to the District ;
(v ) the representation and warranty
described in Section 1 . 03; and
(vi ) 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 ) 3y District. District shall deposit (or
cause to be deposited ) into escrow on or oefore the Closing:
11
the District check in the amount
of One Hundred Thousand Dollars ( $100 ,000 . 00 ) as consideration
for Seller 's actions taken under Section 1 .05;
( ii ) the District check for the cash
down payment portion of the Purchase Price in an amount equal
to approximately One Million Forty-Seven Thousand Five Hundred
and No/100 Dollars (31 ,047 ,500. 00) subject to the adjustments
provided in Sections 2. 01 and 3. 01;
( iii ) executed Certificates of
Acceptance to be attached to the Grant Dead and to the
Quitclaim Deed;
( iv ) the executed Option Agreement and
the executed Memorandum of option ( Exhibit F) ;
(v ) tne executed purchase money
Promissory Notes , dated as of the Closing , in the forms of
Exhibits H-1, H-2, H-3, H-4 and H-5 ( the " Purchase Money
Notes") ;
( vi ) a legal opinion of Stanley Norton ,
regular legal counsel to the District , in form and substance
reasonably satisfactory to Seller and its counsel , relating to
the validity and enforceability of the Purcaase 14oaey Notes and
the tax-free nature of the interest to be received thereunder ;
(vii ) the executed and recordaole Deeds
of Trust to be recorded on Parcel A, securing the Purchase
Money Notes , in the forms -attached as Exhibits 1-1, 1-2, 1-3 ,
1-4 and 1-5 ( the "Parcel A Deeds of Trust" ) ;
( viii ) the acknowledgment regarding the
White deed described in Section 1 . 03; and
12
( ix) 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 .
3. 03 Closing Costs and Prorations. District and
Seller shall each pay one-nalf ( 1/2) of the escrow fees ,
documentary transfer taxes , if any, premium for the Policy of
Title Insurance described in Section 3. 04 , and any and all
other 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 apportioned or allocated between
District and Seller in the manner customary in San Mateo
County. All current real property taxes on the Fee Parcels
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 .
3. 04 Title Insurance Policy. Seller shall cause
Title Company to be prepared and committed to deliver to Seller
and District a standard coverage CLTA Joint Protection Policy
of Title Insurance , dated as of Closing , insuring District and
Seller each in the amount of Three Million Five Hundred
Seventy-Five Thousand and No/100 Dollars (33 , 575 ,000 . 00 ) ,
insuring Seller 's interest as beneficiary under the Deeds of
Trust and insuring District 's interests in the Fee Parcels ,
conveyed hereunder , subject only to : ( i ) current real property
taxes; ( ii ) the printed exceptions contained in said title
insurance policies ; ( iii ) the Permitted Exceptions; ( iv ) tne
provisions contained in the Girant Deed ; (v ) the Parcel A Deeds
of Trust securing the Purchase Money Notes; 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
13
said Title Insurance Policy insuring that the Fee Parcels
conveyed to District are free and clear of all mechanic ' s
liens . As used herein , "Permitted Exceptions" on Parcel A
shall mean those items shown as Exceptions 3 through 12 and 20
through 27 in Exhibit C- 1, and Permitted Exceptions on Parcel 3
snall mean those items shown as Exceptions 3 through 10 in
Exhibit C-2. Notwithstanding the foregoing, it is understood
and agreed by Seller and District that Exceptions 11 and 12
listed in Exhibit C- 2 relating to encumbrances in favor of the
Federal Land Bank of Sacramento and affecting Parcel 3 ( the
"Land Bank Exceptions ") may not be resolved in a timely manner
to effect the Closing as contemplated hereunder . In the event
that said Land Bank Exceptions are not removed prior to the
time the parties are otherwise able to consummate the Closing ,
Seller and District hereby agree to execute an amendment to
this Agreement and , as necessary , supplementary escrow
instructions to provide that the Closing will nonetheless take
place. In sucn event, Escrow Holder shall retain 350 ,000 from
the cash otherwise payable to Seller at the Closing pursuant to
Section 3. 05(b ) nereof , which cash shall oa deposited in an
interest bearing account for the benefit of Seller and will be
utilized to the extent necessary for the purpose of securing
the reconveyance of the Land Bank Exceptions , with any
remaining cash to be thereupon disbursed to Seller .
In the event Seller is unable to remove any
exceptions other than those set forth above 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 exception and
affording Seller at least twenty ( 20) days to remove such
exception ) and then Escrow Holder and Seller shall , upon
District 's direction , return to the parties depositing the
same, all monies and documents theretofore delivered to Escrow
14
Holder; or ( ii ) to close the escrow and consummate the transfer
of the Property interests described herein .
3. 05 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:
(a ) Cause the Grant Deed and attendant
Certificate of Acceptance , the Parcel C Instrument , the
Memorandum of Option , the Quitclaim Deed and attendant
Certificate of Acceptance , the Parcel A Deeds of Trust and the
Release of Lis Pendens and Dismissal to be recorded in the
Office of the County Recorder of San Mateo County, California .
(b ) Cause to be delivered ( i ) to the District
and Seller originals of the Policy of Title Insurance required
herein and Option Agreement, ( ii ) to Seller Escrow Holder 's
check for the down payment on the Purchase Price ( less Seller 's
portion of the expenses described in Section 3. 03 and less the
350 ,000 holdback , if applicable , as provided in Section 3. 04
above) and the Purchase Money Notes and ( iii ) 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.
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
the escrow is cancelled for any reason , all parties shall be
15
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 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 .
5. Seller 's Representations 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:
5. 01 Authority. Seller has the full right , power
and authority to enter into this Agreement and to perform the
transactions contemplated hereunder .
5 .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 oe duly authorized and
executed and delivered by Seller and are legal , valid and
oinding 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 Seller .
5 .03 Good Title. Seller has and at the Closing
date snall have good , marketable and indefeasible fee simple
16
title to the Property, and the interests therein 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 for in and defend District from and
against any claims made by any third party which are based upon
any inaccuracy in the foregoing representations .
5. 04 No Undisclosed Leasehold interests . There
exist no oral or written leases or rental agreements affecting
all or any portion of the Fee Parcels nor are there persons
occupying or entitled to occupy all or any portion of the Fee
Parcels (provided, however , that Seller makes no representation
with regard to persons who may oe trespassers on the Fee
Parcels 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 Fee Parcels ( including, without limitation ,
relocation payments and expenses provided for in Section 7260
et seg. of the California Government Code ) .
5. 05 True Copies of Existing Notes . The copies of
the existing Notes described in Sections 2 . 02 and 2 . 03 and
delivered to District are true , correct and complete copies
thereof and evidence the entire obligation of Seller to tne
holders thereof with respect to the Property .
6 . 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 tne
17
Federal Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 ( Public Law 91-646) and California
Government Code Section 7267 , et sel. 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 .
7. Miscellaneous Provisions.
7 . 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 .
7 .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 ay 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 reasonable expenses
and attorneys ' fees .
7 .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
18
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 ( 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.
7 .04 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.
7 .05 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 otnec party in
connection with this Agreement shall -)e 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
19
Copy to : David W. Lively, Esq .
Kelly, Leal & Olimpia
333 West Santa Clara Street
San Jose, California 95113
( 40 8) 97 1-72 5 2
District: Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, CA 94022
Attn: Herbert Grench , General Manager
( 4 15) 96 5-47 17
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 eitner 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 .
7 .06 Disclaimer of Representations. District and
Seller agree that , except as otherwise specifically provided
herein ,
erein , 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 ttie fitness of the Property or
such improvements for any use intended by District . District
20
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
impiied warranties of any kind .
7 .07 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 unenforceaoility 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 .
7 . 08 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 iiad executed one and the same
instrument.
7 .09 Waiver. No waiver of any term, provision or
condition of tnis Agreement , whetner 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 .
7 .10 Exhibits ; Entire Agreement. Each of the
Exhibits attached hereto is incorporated herein by this
reference . This Agreement, including said Exhibits , is
21
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 correspondence , conversations ,
negotiations , agreements or understandings relating to the
subject matter hereof .
7 .11 Time of Essence . Time is of the essence of
each provision of this Agreement in whicn time is an element .
7 .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 oeriefit of the
respective parties hereto and their respective heirs,
successors and permitted assigns .
7 .13 Assignment. Except as expressly permitted
herein , neither party to this Agreement snail assign its rights
or obligations under this Agreement to any third party without
the prior written approval of the other party , whicn approval
shall not be unreasonably withheld .
7 . 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 ,)e reasoaaoiy
necessary or appropriate to consummate and carry into effect
the transactions described and conteiaplat,�d under this
Agreement .
7 .15 Binding on Successors and Assigns. This
Agreement and all of its terms , conditions and covenants are
22
intended to be fully effective and binding, to the extent
permitted by law, on the successors and permitted assigns of
the parties hereto .
7 .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 .
7 .17 Pronoun References . In this Agreement, if it
be appropriate , the use of the singular shall include the
plural , and the plural shall include tae singular , and the use
of any gender shall include all other genders as appropriate .
7 .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 tne indemnifying
party in connection with this transaction .
7 . 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 , tnat
District shall not be obligated to incur any additional expense
in connection with the performance of its obligations under
this Section 7 .19 .
23
8 . Acceptance . District shall have until August 15 ,
1985 , 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
24
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 executed by their duly authorized officers
to be effective as of the day and year first above written .
District Seller
MIDPENINSULA REGIO14AL OPEN PHE ALAN HOSKING RANCH, INC.
SPACE DISTRICT, a Public (formerly known as RANCHO
District CANADA DE VERDE, INC. , a
California corporation )
APPROVED AS TO FORM:
By
Stanley N ton, District Counsel Alan Hosking, President
ACCEPT FO RECOMMENDATION :
o
L. C r ig B i tton ALAN HOSK ING
Land Acqui;ition Manager
APPROVED AND ACCEPTED :
Ernestine U. Henshaw, President THERESA H40'_' N (also Kncrlwi9.n as
Board of Directors Theresa Ruth Hosking)
By David W. Lively,
Her Attorney-in-Fact
ATTEST :
District Clerk
Date :
7660H/0683h
25
[ EXHIBIT A to MASTER AGREEMENT]
THE MAP
r 111 °itc
� 1 r
EXHIBIT A :/•
THE MAP
' T eresa s Lo M
acres ,r . ..�'• -
n _ .
ro ert / . . . : .'. ' �. - ••aye,.d, . ,'� ��
� i e Estate
,. (5. 7 acres . • 0
d t�. :; Public
R i g e '� ` ' %' �' '; Y. Trail
�„ '�• (fee)
o 1M,N•1ti Q�r' PARCEL C
(retained
t`o RA1L7.
110
160
Access
� PARCEL � r ao � Ease en �
` P blic
lu
PARCEL .46
(option) 'arn
Area
5 acres
NX
ear Gu ch
Ji 1.,•». -' / Area
41
r 9
ALAN HOSKING RANCH, INC. ,�Q �;, �•!`�. /%� _
8/8/85 2784t acres
Parcel A . 515 .45 acres NO H
Parcel B . . 80 .00 acres , �•'
Parcel C . 109.91 acres , c:•�
Parcel 1 . 1186.66 acres
Parcel 2 888 .63 acres ,�/ i� �V ,1 Cam.
i
8508 .12
[Exhibit B to Master Agreement]
LEGAL DESCRIPTION OF TOTAL PROPERTY
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. , 3EING A
PORTION OF CANADA VERDE Y ARROYO DE LA PURISSIMA RANCHO &
PORTIONS OF SECTIONS 8 , 17 , a 18 T. 6 S. , R. 4 W. , M. D. B. AND
1,4. 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 w3w 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 .
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 .
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
" 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 ?oint in said right
of way line opposite Engineer 's centerline Station "A" 472+72
P.O. T. of said Highway ( the oearing 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 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; tnence
Northerly along the Nortn and South quarter section line of
said Section 17 to the Northwest corner of the South nalf 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 Nortnerly
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 .
2
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 EXCEPT all oil , gas , Oil shale, coal , phosphate , sodium,
goid, 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
067-340-040
067-340-060
067-340-090
PARCEL 1"
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 670 141 37" West) ; thence from said
point of beginning and leaving said Southwesterly right of way
3
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 l' 06 ' 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 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
151 West 48 . 00 feet, South 490 43 ' West 75 . 50 feet, South 300
501 West 35 .00 feet, South 120 151 West 58 .00 feet, South 60
001 East 256. 00 feet, South 40 201 West 39 . 82 feet, South 150
101 West 222 . 62 feet, South 80 301 Fast 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 Fast 60 . 00 feet, South 770
20' East 34 . 50 feet, South 470 001 East 47 . 00 feet, South 730
401 East 26 .00 feet, North 790 001 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, Township 6 South, Range 4 West, Mount Diablo Base
and Meridian , at a point on said line whicn 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 tie 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
4
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 Soutnerly
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 13 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 3oulevard; 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.
5
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 Nortnerly 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 .
Assessor Parcel No . : 072-350-050
072-360-030
075-350-010
081-110-030
" 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:
6
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 670 141 37" West
along the arc of a curve to the right , having a radius of 650
feet and a central angle of 90 281 20" , an arc distance of
107 . 46 feet ; thence leaving said Soutriwesterly right of way
line of Skyline Boulevard, North 88' 53 ' 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 10 061 440 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 Nortn 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 40 20 ' 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 50' 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 00' East 47 . 00 feet ,
South 730 401 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 600 001 East 31 .00 feet, South 400 35' East 36 .00 feet,
South 190 001 East 98 . 00 feet, South 450 00' 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 througn
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.
7
EXCEPTING THEREFROM a portion of Section 28, Township 6 Soutn ,
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 witnin 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 RESU3DIVISION
OF THE SOUTHEASTERLY 1/4 of SEC. 21, TOWNSHIP 65 , R. 4W. ,
M. D. B. & M. 3EING 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
RESU3DIVISION 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 Marcn 17 , 1978 in Book 41 of Parcel Maps
at Pages 29 , 30 and 31.
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 RESUBDIVISION OF THE S. E. 1/4 of SEC. 21 T. 6 . S. , R. 4W.
M. D. B. & M. , 3EING 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
8
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) .
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, Secion 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.
9
I
Parcel V
Parcel IV as shown on that certain map entitled "PARCEL MAP OF
NS 1 1 & 22
BD VISION OF A PORTION OF SECTIONS 6 2 T 6 S.A RESU I 0 r r r
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 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
I
7878H/0696h
10
i
f .^
EXHIBIT C-1 TO MASTER AGREEMENT
Order No. 308033—TD
AMENDED PRELIMINARY REPORT
FIRST AMERICAN TITLE INSURANCE COMPANY
555 Marshall Street
Redwood City, CA 94064
(415) 367-9050
_.MID PENINSULA REG. OPEN SPACE DISTRICT
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—
TZON 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, 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 eluded 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 from
the office which issued this report.
This report (and any supplements 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 July 12, 1985 at 7 :30 a.m.
RICHARD N I EM ZEC _
ESCROW/TITLE OFFICER
Title of said estate or interest at the date hereof is vested in:
THE ALAN HOSKING RANCH, INC. , a California corporation, Successor
by merger to Rancho Canada Verde, Inc.
Page 1
AMENDED REPORT Order No, 308033-TD
The estate or interest in the land hereinafter described or
referred to cowered by this Report is: A FEE
At the date hereof exceptions to coverage in addition to the
ns contained in said policy form
ed exceptions Y
print tions and excl
usions P
would be as follows:
1. General and Special Taxes for the fiscal year 1985-86,
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 1984-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$46.30 Tax Sale No. 5619.
Code Area: 087-012 A.P. No. : 067-390-110
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1994-1985,
First Installment $9,56 DELINQUENT
Penalty 5.95
Second Installment 09,56 DELINQUENT
Penalty 9.95 Cost 810.00
Code Area: 097-012 A.P. No. : 067-390-110
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxea for the fiscal year 1994-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$244.73 Tax Sale No. 5920.
Code Area: 087-004 A.P. No. : 067-390-120
Affects portion of property under search.
NOTE! General and Special Taxes for the fiscal year 1984-1985,
First Installment $98.54 DELINQUENT
Penalty $9. 85
Second Installment $98.54 DELINQUENT
Penalty $9. 85 Cost $10.00
Code Area: 087-004 A.p, No. : 067-390-120
Affects portion of property under search.
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
$246.01 Tax Sale No. 5621.
Code Area: 097-004 A.P. No. : 067-390-130
Affects portion of property under search.
Page 2
i
AMENDED REPORT Order No. 309033-TD
NOM General and Special Taxes for the fiscal year 1984-1985,
First Installment 899.11 DELINQUENT
Penalty 39•91
Second Installment $99. 11 DELINQUENT
Penalty $9.91 Cost $10.00
Code Area: 087-004 A.P. No. : 067-390-130
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1982-1983, 1983-1984,
1984-1985, and ,subsequent delinquencies. Amount to redeem on
or before July 31, 1985 9143 .84 Tax Sale No. 4790,
Code Area: 087-004 A.P. No. : 067-390-140
Affects portion of property under search.
NOTEt General and Special Taxes for the fiscal year 1994-1985,
First Installment s17.46 DELINQUENT
Penalty $1.74
Second Installment $17 ,46 DELINQUENT
Penalty $1,74 Cost 810.00
Code Area: 087-004 A.P. No. : 067-390-140
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1982-1983, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 $142.74 Tax Sale No. 4791 .
Code Area: 087-004 A.P. No. : 067-390-150
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 19R4-1995,
First Installment s17. 15 DELINQUENT
Penalty $1.71
Second Installment 917. 15 DELINQUENT
Penalty $1,71 Cost $10.00
Code Area: 087-004 A.P. No. : 067-390-150
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 199 2-1983, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 $141.57 Tax Sale No. 4792.
Code Area: 087-004 A.P. No. : 067-390-160
Affects portion of property under search.
Page 3
AMENDED REPORT Order No. 308033-TD
NOTE: General and Special Taxes for the fiscal year 19R4-1985,
First Installment $17.06 DELINQUENT
Penalty $1,70
Second Installment $17.06 DELINQUENT
Penalty 91.70 Cost $10.00
Code Area: 087-004 A.p. No. : 067-390-160
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1982-1983, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 $160.47 Tax Sale No. 4793.
Code Area: 087-004 A.P. No. : 067-400-010
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1984-1985,
First Installment $20.71 DELINQUENT
Penalty $2.07
Second Installment $20.71 DELINQUENT
Penalty 92.07 Cost $10.00
Code Area: 087-004 A.P. No. : 067-400-010
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1992-1983, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 $143 .88 Tax Sale No. 4794 .
Code Area: 087-004 A.P . No. : 067-400-020
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1994-1985,
First Installment $17.42 DELINQUENT
Penalty 81.74
Second Installment $17.42 DELINQUENT
Penalty 91,74 Cost $10.00
Code Area: 087-004 A.P. No. : 067-400-020
Affects portion of property under search.
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
$69.84 Tax Sale No. 5622.
Code Area: 087-004 A.P. No. : 067-400-030
Affects portion of property under search.
Page 4
AMENDED REPORT Order No. 308033-TD
NOTE: General and Special Taxes for the fiscal year 1984-1985,
First Installment $20.11 DELINQUENT
Penalty 82.01
Second Installment $20.11 DELINQUENT
Penalty $2.01 Cost $10.00
Code Area: 087-004 A.P. No. : 067-400-030
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal year 1994-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$32.62 Tax Sale No. 5623.
Code Area: 087-028 A.P. No. : 067-400-040
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1984-1985,
First Installment $3. 42 DELINQUENT
Penalty Ss.34
Second Installment $3.42 DELINQUENT
Penalty $.34 Cost $10.00
Code Area: 087-028 A.P. No. : 067-400-040
Affects portion of property under search.
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
831. 18 Tax Sale No. 5624.
Code Area : 087-028 A.P. No. : 067-400-050
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1994-1985,
First Installment $2.78 DELINQUENT
Penalty 9. 27
Second Installment s2.78 DELINQUENT
Penalty $.27 Cost $10. 00
Code Area: 087-028 A.P. No. : 067-400-050
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal year 1994-19R5 , and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$70.67 Tax Sale No. 5625.
Code Area : 087-004 A.P. No. : 067-400-060
Affects portion of property under search.
Page 5
i
AMENDED REPORT Order No. 308033-TD
NQTEi General and Special Taxes for the fiscal year 1984-1985,
First Installment $20.49 DELINQUENT
Penalty $2.04
Second Installment 020.49 DELINQUENT
Penalty $2,04 Cost $10.00
Code Area: 087-004 A.P. No. : 067-400-060
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1982-1993, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 9129.82 Tax Sale No. 4799,
Code Area: 087-004 A.P. No. : 067-400-070
Affects portion of property under search.
NOTE! General and Special Taxes for the fiscal year 1984-1985,
First Installment $15.44 DELINQUENT
Penalty $1.54
Second Installment $15,44 DELINQUENT
Penalty 91.54 Cost 910.00
Code Area: 087-004 A.P. No . : 067-400-070
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1982-1983, 1983-1984,
1984-1985, and subsequent delinquencies . Amount to redeem on
or before July 31, 1985 $54 .06 Tax Sale No. 4800.
Code Area: 087-029 A.P. No. : 067-400-080
Affects portion of property under search.
NOTE! General and Special Taxes for the fiscal year 1994-1985,
First Installment $3,65 DELINQUENT
Penalty s.36
Second Installment 83.65 DELINQUENT
Penalty 8.36 Cost $10. 00
Code Area: 087-028 A.P. No . : 067-400-080
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1982-1983, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 $153.15 Tax Sale No. 4801 .
Code Area: 087-004 A.P. No. : 067-410-030
Affects portion of property under search.
Page 6
AMENDED RE
PORT
Order No. 308033-TD
NOTEt GeneralP
and Special Taxes for the fiscal year 1984-1985,
First Installment $19,31 DELINQUENT
Penalty $1,93$19,31 DELINQUENT
Second Installment
penalty $1.93 Cost 010.00
Code Area: 087-004 A.P. No. : 067-410-030
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal year 1994-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$49.91 Tax Sale No. 5627.
Code Area: 087-004 A.P. No. : 067-410-080
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1984-1985,
First Installment 511.18 DELINQUENT
Penalty sl . il
Second Installment $11. 18 DELINQUENT
Penalty $1, 11 Cost $10.00
Code Area: 087-008 A.P. No. : 067-410-080
Affects portion of property under search.
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
$38.44 Tax Sale No. 5627.
Code Area: 087-028 A.P. No. : 067-410-090
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1984-1985,
First Installment $6.03 DELINQUENT
Penalty $.60
Second Installment $6.03 DELINQUENT
Penalty 3.60 Cost 910.00
Code Area: 087-028 A.P. No. : 067-410-090
Affects portion of property under search.
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal years 1992-1983, 1983-1984,
1984-1985, and subsequent delinquencies. Amount to redeem on
or before July 31, 1985 $154.06 Tax Sale No. 6188
Code Area: 087-004 A.P. No. : 067-410-110
Affects portion of property under search.
Page 7
N REPORT Order No. 308033-TD
AME
NDED DED
NOTES General and Special Taxes for the fiscal year 1984-1985,
llm
918.09 DELINQUENT
Firs
t Installment e
Penalty 91.80
Second Installment $18,09 DELINQUENT
Penalty $1.80 Cost $10.00
Code Area: 087-004 A.P. No. : 067-410-110
Affects portion of property under search.
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
$78.21 Tax Sale No. 5628.
Code Area: 087-028 A.P. No. : 067-410-130
Affects portion of property under search.
NOTE: General and Special Taxes for the fiscal year 1994-1985,
First Installment $23.87 DELINQUENT
Penalty 92.39
Second Installment 923,87 DELINQUENT
Penalty s2.38 Cost $10.00
Code Area: 087-028 A.P. No. : 067-410-130
Affects portion of property under search.
3. The Lien of Supplemental Taxes assessed pursuant to Chapter
3.5, Commencing with Section 75 of the California Revenue and
Taxation Code.
4. EASEMENT for drainage within any creek or stream travers-
ing the herein described property, together with the rights
of the public in and to the waters and the use of such creeks
or (streams, to the high water mark.
5. EASEMENT FOR ROAD PURPOSES over any portion of the herein
described property which may lie within the boundaries of any
public or private road or highway.
6. RIGHT OF WAY over the herein described property, as granted
in Instrument:
From: L. H . Price, et ux
To: Pacific Telephone and Telegraph Company, a corpo-
ration
Dated: March 23, 1949
Recorded: June 13, 1949
Document No. : 94700-H
Book/Reel 1674 of Official Records at page/image 654, Records
of San Mateo County, California.
Grants Right of Way for poles and wires and appurtenances
thereto over and across the herein described property.
page 8
AMENDED REPORT
Order No. 308033-TD
The exact location of said right of way is not disclosed
of record.
7. EASEMENT described in Easement Corporation Grant Deed:
From: Country Development Company. Inc. . a California
corporation
To: Country Development Company, Inc.
Dated: October 15, 1971
Recorded: October 21 , 1971
Document No. : 56144-AE
Book/Reel 6032 of Official Records at page/image 683, Records
of San Mateo County. California.
Purports to create various rights of ways across the herein
described lands.
Said rights of way are also shown on Parcel Map herein
referred to.
Be RESOLUTION AUTHORIZING FILING OF NEW MAP CORRECTLY DESCRIBING
LANDS IN AGRICULTURAL PRESERVE CONTRACT WITH COUNTRY DEVELOPMENT
COMPANY, INC.• NO. 30083,
Executed by: The Board of Supervisors of the County of San
Mateo, State of California
Dated: March 4, 1972
Recorded: March 15, 1972
Document No. : 97202-AE, of Official Records of San Mateo County,
California.
Affects Parcels 3, 4, 5, 6, 7. 13 , 14, 15 and 16.
9. EASEMENT over the herein described property, as granted
in Deed:
From: Frank V. Amaral and Gertrude L. Amaral, his wife
To: Norman R. Hosking and Blodwen A. Hosking, his
wife as joint tenants
Dated: March 16, 1972
Recorded: April 3, 1972
Document No. : 3004-AF
Book/Reel 6121 of Official Records at page/image 295, Records
of San Mateo County, California.
Grants various easements for ingress and egress and utility
purposes. Also grants easement for riding and hiking.
10. LACK of any recorded access road connecting the Easterly
terminus of 60 foot road through Parcel 3 with Skyline Blvd.
Page 9
AMENDED REPORT Order No. 308033-TD
11. CALIFORNIA- LAND CONSERVATION CONTRACT
By: County of San Mateo, a political subdivision
of the State of California
and Between: Frank V. Amaral and Gertrude L. Amaral
Dated: Augnst 26, 1975
Recorded: February 27, 1976
Document No. : 45225-AJ
Book/Reel 7059 of Official Records at page/image 288, Records
of San Mateo County, California.
Affects Parcels 2 and 11.
12. RESERVATION contained in Deed:
From: Frank V. Amaral and Gertrude L. Amaral, his wife
To: Rancho Canada de Verde, Inc. , a California corpo-
ration
Dated: November 29, 1977
Recorded: December 1 , 1977
Document No. : 3789-AM
Book/Reel 7676 of Official Records at page/image 1, Records
of San Mateo County, California.
Reserves as follows:
a. The following easement for the benefit of Parcels 1 and
3 to 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map. Easement for riding and hiking trail
purposes within so much of Parcel 2 that lies within the areas
designated as "right of way" No. 10" in the Deed to Country
Development, Inc. , recorded October 21 , 1971 , in Book 6032 Official
Records of San Mateo County, Page 683, (56144-AE) .
b. The following easement for the benefit of Parcels 1, 2
and 4 to 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
Easement for ridira and hiking trail purposes within so much
of Parcel 3 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
Also reserves the following easements for the benefit of Parcels
4, 5, 6, 7 and 14, inclusive, as said 'parcels are shown on the
herein mentioned Parcel Map. Easement for riding and hiking
trail 'purposes within so much of Parcel 3 that lies within the
areas designated as "right of way" No. 10" in the Deed to Country
Development, Inc, , recorded October 21 , 1971 , in Book 6032 Official
I
Records of San Mateo County, page 683, ( 56144-AE) .
c. The following easement for the benefit of Parcels 1 to
3. 5 to 16, i nc1 3 , as said parcels are shown on the herein
u ive
mentioned Parcel Map.
Page 10
AMENDED REPORT Order No. 308033-TD
Easement for riding and hiking trail purposes within so much
of Parcel 4 -. that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
Also reserves the following easements for the benefit of Parcels
3, 5, 6, 7 and 14, inclusive, as said parcels are shown on the
herein mentioned Parcel Map. Easement for riding and hiking
trail purposes within so much of Parcel 4 that lies within the
areas designated as "right of way" No. 10" in the Deed to Country
Development, Inc., recorded October 21, 1971, in Book 6032 Official
Records of San Mateo County, Page 683, ( 56144-AE) .
d. The following easement for the benefit of Parcels 3, 4,
6, 7, and 14, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
Easement for riding and hiking trail purposes within so much
of Parcel 5 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
Also reserves the following easements for the benefit of Parcel
14, a non-exclusive easement for roadway and utilities over
the Northwesterly 30 feet of said Parcel 5.
e. The following easement for the benefit of Parcels 1 to
5 and 7 to 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
Easement for riding and hiking trail purposes within so much
of Parcel 6 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, (56144-AE) .
Also reserves the following easement for the benefit of Parcels
3, 4, 6, 7, and 14 , inclusive, as said parcels are shown on
the herein mentioned Parcel Map.
Easement for riding and hiking trail purposes within so much
of Parcel 6 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
f. The following easements for the benefit of Parcels 1 to
6, 8 to 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
Page 11
i
AMENDED REPORT Order No. 308033-TD
Easement for riding and hiking trail purposes within so much
of Parcel 7 that lies within the areas designated as "right
• " Deed to Count Development, Inc. , recorded
of way No. 10 in the D Country
October 21, 1971, in Hook 6032 Official Records
of San Mateo
County, Page 683, ( 56144-AE) .
Also reserves the following easement for the benefit of Parcels
3, 4, 6, 7, and 14, inclusive, as said parcels are shown on
the herein mentioned Parcel Map.
Easement for riding and hiking trail purposes within so much
of Parcel 7 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
g. The following easement for the benefit of Parcels 1 to
12, 14 to 16, inclusive , as said parcels are shown on the herein
mentioned Parcel Map.
Easement for riding and hiking trail purposes within so much
of Parcel 13 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
Also reserves for the benefit of Parcel 14, a non-exclusive
easement for roadway and utilities over the Northeasterly 30
feet of said Parcel 13.
h. The following easement for the benefit of Parcels 1 to
13, 15 and 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
i. The following easement for the benefit of Parcels 1 to
14, 8 and 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
Easement for riding and hiking trail purposes within so much
of Parcel 15 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
j. The following easement for the benefit of Parcels 1 to
15, inclusive, as said parcels are shown on the herein mentioned
Parcel Map.
i
i
Page 12
AMENDED REPORT Order Woo 308033-TD
Easement for riding and hiking trail purposes within so much
of Parcel 16 that lies within the areas designated as "right
of way" No. 10" in the Deed to Country Development, Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, ( 56144-AE) .
k. The following easement for the benefit of Parcels 1 to
10, 12 and 16, inclusive, as said parcels are shown on the herein
mentioned Parcel Map.
Easement for ridira and hiking trail purposes within so much
of Parcel 11 that lies within the areas designated as "right
of way" No. 100 in the Deed to Country Development. Inc. , recorded
October 21, 1971, in Book 6032 Official Records of San Mateo
County, Page 683, (56144-AE) .
13. DEED OF TRUST to secure an indebtedness in the original
amount of 882, 500.00 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: Frank V. Amaral, a married man, as community
property
Dated: November 29, 1977
Recorded: June 8, 1978
Document No. : 76697-AM
Book/Reel 7751 of Official Records at oage/image 561, Records
of San Mateo County, California.
Beneficiary' s Address - P.O. Box 67, Nevada City, Ca. 95959
Loan No. - None shown
Affects Parcel 1 of Parcel I.
SUBSTITUTION OF TRUSTEE
Dated: January 23, 1994
Recorded: February 14, 1984
Document No. : 84016525 of Official Records of San Mateo County,
California.
Substitutes Empire Title Company, a California corporation,
305 Railroad Avenue, Nevada City, CA 95959 in lieu of the above-
named trustee.
NOTICE OF DEFAULT:
From: Frank V. Amaral
To: Rancho Canada de Verde, Inc. , a corporation
Dated: January 23, 1984
Recorded: February 14, 1994
Document No. : 84016526 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7751 of Official Records at page/image 561.
Page 13
AMENDED REPORT Order No. 308033-TD
This Notice of Default was re-recorded March 7, 1984 under
Document No. 84024534 of Official Records of San Mateo County,
California.
NOTICE OF DEFAULT:
From: Empire Title Company, Trustee
To: Rancho Canada de Verde, Inc.
Dated: May 23, 1985
Recorded: May 28, 1985
Document No. : 85051951 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded Book/Reel
7751 of Official Records at page/image 561 , Records of San Mateo
County, California.
14. DEED OF TRUST to secure an indebtedness in the original
amount of $84,400.00 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: Frank V. Amaral, a married man, as community
property
Dated: October 31 , 1977
Recorded: December 1, 1977
Document No. : 3787-AM
Book/Reel 7675 of Official Records at page/image 745, Records
of San Mateo County, California.
Beneficiary's Address - P.O. Box 67, Nevada City, Ca. 95959
Loan No. - None shown
Af fects Pa rcel 2 o f Parce 1 I.
SUBSTITUTION OF TRUSTEE
Dated: January 23, 1994
Recorded: February 14, 1984
Document No. : 84016537 of Official Records of San Mateo County,
California.
Substitutes Empire Title Company, a California corporation,
305 Railroad Avenue, Nevada City, CA 95959 in lieu of the above-
named trustee.
NOTICE OF DEFAULT:
From: Frank V. Amaral
To: Rancho Canada de Verde, Inc. , a corporation
Dated: January 23, 1994
Recorded: February 14, 1984
Document No. : 84016539 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7675 of Official Records at page/image 745.
Page 14
AMENDED REPORT Order No. 308033-TD
NOTICE OF DEFAULT:
From: Frank V. Amaral
To: Rancho Canada de Verde, Inc. , a corporation
Dated: January 31 , 1984
Recorded: January 10, 1995
Document No. : 8500 2821 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7675 of Official Records at page/image 745.
NOTICE OF DEFAULT:
From: Empire Title Company, Trustee
To: Rancho Canada de Verde, Inc. , a corporation
Dated: May 22, 1985
Recorded: May 28, 1985
Document No. : 85051952 of official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7675 of Official Records at page/image 745.
15. DEED OF TRUST to secure an indebtedness in the original
amount of 048,920. 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: Frank V. Amaral , a married man, as community
prooerty
Dated: October 31, 1977
Recorded: December 1 , 1977
Document No. : 3799-AM
Book/Reel 7676 of Official Records at page/image 13, Records
of San Mateo County, California.
Beneficiary' s Address - P.O. Box 67, Nevada City, Ca. 95959
Loan No. - None shown
Affects Parcel 13 of Parcel I.
SUBSTITUTION OF TRUSTEE
Dated: January 23, 1984
Recorded: February 14 , 1984
Document No. : 84016531 of Official Records of San Mateo County,
California.
Substitutes Empire Title Company, a California corporation,
305 Railroad Avenue, Nevada City, CA 95959 in lieu of the above-
named trustee.
Page 15
AMENDED REPORT Order No. 308033-TD
NOTICE OF DEFAULT:
From: -. Empire Title Company, Trustee
To: Rancho Canada de Verde, Inc. , a corporation
Dated: May 23 , 1985
Recorded: May 28, 1985
Document No. : 85051954 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7676 of Official Records at page/image 13.
16. DEED OF TRUST to secure an indebtedness in the original
amount of $57,800.00 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: Frank V. Amaral , a married man, an community
property
Dated: October 31, 1977
Recorded: December 1 , 1977
Document No. : 3789-AM
Book/Reel 7676 of Official Records at page/image 17, Records
of San Mateo County, California.
Beneficiary' s Address - P.O. Box 67, Nevada City, Ca. 95959
Loan No. - None shown
Affects Parcel 15 of Parcel I.
SUBSTITUTION OF TRUSTEE
Dated: January 23, 1984
Recorded: February 14, 1984
Document No. : 84016529 of Official Records of San Mateo County,
California.
Substitutes Empire Title Company, a California corporation,
305 Railroad Avenue, Nevada City, CA 95959 in lieu of the above-
named trustee.
NOTICE OF DEFAULT:
From: Empire Title Company, Trustee
To: Rancho Canada de Verde, Inc. , a corporation
Dated: May 23, 1985
Recorded: May 28, 1985
Document No. : 85051955 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7676 of Official Records at page/image 17.
Page 16
AMENDED RE
PORT
Order No. 308033-TD
17. DEED OF TRUST to secure an indebtedness in the original
amount of $62;240.00 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: Frank V. Amaral, a married man, as community
property
Dated: October 31 , 1977
Recorded: December 1, 1977
Document No. : 3790-AM
Book/Reel 7675 of Official Records at paqe/image 21, Records
of San Mateo County, California.
Beneficiary' s Address - P.O. Box 67 , Nevada City, Ca. 95959
Loan No. - None shown
Affects Parcel 16 of Parcel I.
SUBSTITUTION OF TRUSTEE
Dated: January 23, 1984
Recorded: February 14, 1984
Document No. : 84016527 of Official Records of San Mateo County,
California.
Substitutes Empire Title Company, a California corporation,
305 Railroad Avenue, Nevada City, CA 95959 in lieu of the above-
named trustee.
NOTICE OF DEFAULT:
From: Empire Title Company, Trustee
To: Rancho Canada de Verde, Inc. , a corporation
Dated: May 23, 1985
Recorded: May 28, 1985
Document No. : 8505 1956 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7676 of Official Records at page/image 21.
18. DEED OF TRUST to secure an indebtedness in the original
amount of $89,800.00 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: Frank V. Amaral, a married man, as community
property
Dated: October 31 , 1977
Recorded: December 1, 1977
Document No. : 3791-AM
Book/Reel 7676 of Official Records at page/image 25, Records
of San Mateo County, California.
Beneficiary's Address - P.O. Box 67, Nevada City, Ca. 95959
Loan No. - None shown
Affects Parcel 2 of Parcel I.
page 17
AMENDED REPORT Order No. 308033-TD
SUBSTITUTION OF TRUSTEE
Dated: January 23, 1994
Recorded: February 14, 1984
Document No. : 84016533 of Official Records of San Mateo County,
California.
Substitutes Empire Title Company, a California corporation,
305 Railroad Avenue, Nevada City, CA 95959 in lieu of the above-
named trustee.
NOTICE OF DEFAULT:
From: Frank V. Amaral
To: Rancho Canada de Verde, Inc. , a corporation
Dated: January 31, 1994
Recorded: January 10, 1995
Document No. : 85002822 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7676 of Official Records at page/image 25.
NOTICE OF DEFAULT:
From: Empire Title Company, Trustee
To: Ra rho Canada de Verde, Inc. , a corporation
Dated: May 22, 1985
Recorded: May 28, 1985
Document No. : 85051953 of Official Records of San Mateo County,
California.
Said Notice refers to Deed of Trust recorded in Book/Reel
7676 of Official Records at page/imaqe 25.
19. TIMER SALE AGREEMENT
dated: November 29, 1977
By: Rancho Canada de Verde, Inc. , a California corpo-
ration, Seller
and Between: Big Creek Lumber Company, a California corporation,
Buyer for 82,000,000.00 board feet, more or less,
of timber
Disclosed by: Memorandum of Contract
Dated: November 29, 1977
Recorded: December 1, 1977
Document No. : 4215-AM
Book/Reel 7677 of Official Records at page/image 73, Records
of San Mateo County, California.
Page 18
AMENDED REPORT
Order No. 308033-TD
20. AGREEMENT by: Rancho
Canada de Verde, Inc. , a California
corporation and
Between: County of San Mateo, a political subdivision
of the State of California.
Dated: June 19, 1978
Recorded: July 21, 1978
Document No. : 94453-AM
Book/Reel 7764 of Official Records at page/image 736, Records
of San Mateo County, California, wherein it is agreed that in
consideration of the granting of a building permit and for and
in consideration of the approval by the County of the proposed
street improvements adjacent to the Permittee•s property, in
conformance with Section 8104 of the San Mateo County Ordinance
Code, Permittee is willing, at his own cost and expense, to
furnish all materials and construct and install the said street
improvements upon demand of the County.
Affects Parcel "B" of Parcel II.
21. PROPOSED 10 foot Water Line Easement and Proposed Well
Site Easement, as shown on Parcel Map herein mentioned.
Affects Parcel "B" of Parcel II.
22. EASEMENT over the herein described property, as granted
in Deed:
From: Rancho Canada de Verde, Inc. , a corporation
To : Walter E. Reynolds and Ruth C. Reynolds, husband
and wife as community property
Dated: December 22, 1978
Recorded: January 3, 1979
Document No. : 58728-AN
Book/Reel 7812 of Official Records at page/image 161, Records
of San Mateo County, California.
Grants the following non-exclusive easements, appurtenant
to Parcel A of Parcel Map filed August 3, 1978 in Book 43 of
Parcel Maps at pages 12 and 13:
(a) Non-exclusive easement for ingress and egress and for utility
purposes within the areas designated "RIGHT OF WAY NO. 14" in
that certain Deed executed by The Country Development Company,
Inc. , a California corporation to Country Development Company,
Inc. , recorded October 21, 1971 in Book 6032 of Official Records
at page 683, Recor'is of San Mateo County, California.
(b) A non-exclusive easement, appurtenant to Parcel A, for
horseback riding and hiking within the area designated as "RIGHT
OF WAY NO. 10" in that certain Deed executed by The Country
Development Company, Inc. , a California corporation to Country
Development Company, Inc. , recorded October 21, 1971 in Book
6032 of Official Records at page 683, Records of San Mateo County,
California.
Page 19
�I
I
AMENDED REPORT Order No. 308033-TD
(c) A non-exclusive easement for the purpose of maintaining
the view to ._ the West of Parcel A over so much of Parcel II as
said Parcel II is shown on that certain Parcel Map entitled
"COUNTRY DEVELOPMENT CO. " , which Parcel Map was filed on October
21, 1971 in Volume 4 of Parcel Maps at pages 20 and 21, which
lies on the Westerly side of Star Hill Road is shown on said
Parcel Map.
23. RIGHTS of any future purchasers of Parcels shown on Parcel
Map herein referred to (Vol . 14 Parcel Maps at pages 20 and
21) referred to (Vol. 14 Parcel MaDs at Dages 20 and 21) in
and to the various easements shown on said map unless there
are express words on the conveyance for the herein described
lands stating that there shall be no easement reserved. . .etc.
24. CORPORATION QUITCLAIM DEED:
From: Rancho Canada de Verde, Inc. . a corporation
To: Walter E. Reynolds and Ruth C. Reynolds, a married
couple
Dated: December 29, 1978
Recorded: March 2, 1979
Document No. : 79210-AN
Book/Reel 7A26 of Official Records at paqe/image 1344, Records
of San Mateo County, California.
Wherein the followinq is released and quitclaimed: One-half
(1/2) interest in that certain water system described in the
Agreement between Rancho Canada de Verde, Inc. , and Walter E.
Reynolds and Ruth C. Reynolds, dated December 22, 1978 and recorded
January 3, 1979 under File No. 58728-AN, Records of San Mateo
County, California , including easements for a well and a water
tank as shown that certain Parcel Map recorded in Volume 43
of Parcel Maps at pages 12 and 13.
25. EFFECT of the following Documents:
(a ) AGREEMENT
By: L. H. Price and Marjorie S. Price
and Between: J. Byrne Hull and Catherine C. Hull
Dated: May 2, 1954
Recorded: May 27, 1954
Document No. : 59768-L
Book/Reel 2589 of Official Records at page/image 564, Records
of San Mateo County, California.
Refers to maintenance of water system and pipe line.
page 20
AMENDBD REPORT Order No. 308033-TD
(b) CORPORATION GRANT DEED:
From: . Rancho Canada de Verde, Inc. , a corporation
To: Walter E. Reynolds and Ruth C. Reynolds, a married
couo 1 e
Dated: December 29, 1978
Recorded: March 2, 1979
Document No. : 79211-AN
Book/Reel 7826 of Official Records at page/image 1345, Records
of San Mateo County, California.
Releases and quitclaims the following:
50% of the 3rantor's rights and responsibilities under
that certain Agreement between L.H. Price and Marjorie Price
and Jay Byrne Hull and Catherine C. Hull , dated May 27, 1954
and recorded May 27, 1954 In Book 2589 of Official Records at
pages 564 and 565 ( File No. 59768-L) , Records of San Mateo County,
California.
26. RIGHTS of any future purchasers of Parcels shown on Parcel
Map herein referred to (Vol. 43 Parcel Maps at pages 12 and
13 ) in and to the various easement shown on said map unless
there are express words on the conveyance for the herein described
lands stating that there shall be no easement reserved. . .etc.
27. PRIOR to conveyance of the herein described property, vestee
should determine access road and appurtenant easements to be
included in conveyance.
28. 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
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Big Creek Lumber Company, a California corporation
Dated: April 25, 1982
Recorded: July 2, 1982
Document No. : 82055915 of Official Records of San Mateo County,
California.
Affects Parcel "B" of Parcel II.
Page 21
AMENDED REPORT Order No. 308033-TD
29. DEED OF TRUST to secure an indebtedness in the original
amount of 516,000.00 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, 1982
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. - None shown
Affects Parcels 1, 2, 3, 4, 5, 6 , 7, 13, 14, 15 and 16
of Parcel I and other property.
30, DEED OF TRUST to secure an indebtedness in the original
amount of S47,000.00 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, 1982
Recorded: August 11, 1982
Document No. : 82068354 of Official Records of San Mateo County,
California.
Beneficiary's Address - 3564 Highway 1 , Davenport• Ca. 95017
Loan No. - None shown
Affects Parcels 1, 2• 3 , 4, 5, 6, 7 , 13, 14 , 15 and 16
of Parcel I and other property.
31. DESD OF TRUST to secure an indebtedness in the original
amount of $136,000. 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, 1982
Recorded: August 11, 1982
Document No. : 82068355 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1 , Davenport , Ca. 95017
Loan No. - None shown
Affects Parcels 1 , 2, 3, 4, 5, 6, 7, 13, 14, 15 and 16
of Parcel I and other property.
Paqe 22
AMENDED REPORT
Order No. 308033-TD
32. DEED OF TRUST
to secure an indebtedness in the original
b a tionr�
amount of s5.0; and/or o 000.00 and any other amounts n r li q
secured thereby,
Trustor: Rancho Canada de Verde, Inc. , a California corpo-
ration
Trustee: Title Insurance and Trust Company, a California
corporation
Beneficiary: Big Creek Lumber Company
Dated: January 28, 19,33
Recorded: January 28, 1983
Document No. : 8300 8984 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1, Davenport, Ca. 95017
Loan No. - None shown
Affects this and other property.
33. 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 Hosking and Alan Hosking
Trustee: Amtitle Company, a California corporation
Beneficiary: Big 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 1, Davenport, Ca. 95017
Loan No. - 81162
Affects this and other property.
34. 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 Hosking, a married woman
and Alan Hosking, a married man
Trustee: Amtitle Company, a California corporation
Beneficiary: Big Creek Lumber Company
Dated: February 24, 1983
Recorded: March 1, 1983
Document No. : 83018819 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1, Davenport, Ca. 95017
Loan No. - 81162
Affects this and other property.
Page 23
AMENDED REPORT
Order No. 308033-TD
35. MEMORANDUM OF AGREEMENT upon the terms and conditions as
contained therein,
By: Alan Hosking, Theresa Hosking (also known as
Theresa Ruth Hosking) and Rancho Canada De Verde,
a California corporation
and Between: Big Creek Lumber Company
Dated: February 10, 1983
Recorded: June 17, 1983
Document No. : 83060390 of Official Records of San Mateo County,
California.
36. 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 de Verde, Inc.
Trustee: Amti tle Company
Beneficiary: Big Creek Lumber Company
Dated: March 7, 1983
Recorded: July 19, 1983
Document No. : 830737 82 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1, Davenport, Ca. 95017
Loan No. - None shown
Affects this and other property.
37. DEED OF TRUST to secure an indebtednesm in the original
amount of 8250,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Alan Hosking and The Alan Hosking Ranch, Inc.
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Richard T. Burger, a married man
Dated: March 28, 1984
Recorded: March 29, 1984
Document No. : 84033201 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 4931 E. 35th Street, Minneapolis, MN
55416
Loan No. - None shown
Affects Parcels 13, 15 & 16 of Parcel I and other property
not of this search.
SUBSTITUTION OF TRUSTEE
Dated: November 20, 1984
Recorded: December 7, 1984
Document No. : 84131360 of Official Records of San Mateo County,
California.
Substitutes Richard T. Burger in lieu of the above-named
trustee.
Page 24
AMENDED REPORT Order No. 308033-TD
38, DEED OF TRUST to secure an indebtedness in the original
amount of 950 0,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: The Alan Hosking Ranch, Inc. , and Alan Hosking
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Richard T. Burger
Dated: November 3, 1983
Recorded: April 3, 1984
Document No. : 84035254 of Official Records of San Mateo County,
California.
Beneficiary's Address - 4931 W. 35th Street, Minneapolis, MN
55416
Loan No. - None shown
SUBSTITUTION OF TRUSTEE
Dated: November 20, 1984
Recorded: December 7, 1984
Document No. : 84131359 of Official Records of San Mateo County,
California.
Substitutes Richard T. Burger in lieu of the above-named
trustee.
39. DEED OF TRUST to secure an indebtedness in the original
amount of 925,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Alan Hosking, Theresa Hosking (also known as
Theresa Ruth Hooking) and The Alan Hosking Ranch,
Inc. , a California corporation, formerly known
as Rancho Canada de Verde, Inc. , a California
corporation
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Big Creek Lumber Company, a California corporation
Dated: November 14, 1984
Recorded: November 28, 1985
Document No. : 84127100 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1, Davenport , CA 95017
Loan No. - None shown
Affects Parcel II.
Page 25
AMENDED REPORT Order No. 308033-TD
40. DEED OF TRUST to secure an indebtedness in the original
amount of 810,.300.00 and any other amounts and/or obligations
secured thereby,
Trustor: Alan Hoskinq, Theresa Hoskinq (also known as
Theresa Ruth Hoskinq ) and The Alan Hoskinq Ranch,
Inc. , a California corporation, formerly known
as Rancho Canada de Verde, Inc. , a California
corporation
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Big Creek Lumber Company, a California corporation
Dated: November 14, 1985
Recorded: November 28, 1984
Document No. : 84127101 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1, Davenport, CA 95017
Loan No. - None shown
Affects Parcel II.
41. UNRECORDED TIMBER SALE CONTRACT AS DISCLOSED BY MEMORANDUM
OF TIMBER SALE CONTRACT
By: Rancho Canada de Verde Inc. , a California corpora-
tion now known as The Alan Hoskinq Ranch Inc. ,
a California corporation
and Between: Big Creek Lumber Company, a California corporation
Dated: November 14, 1984
Recorded: December 7, 1984
Document No. : 84131349 of Official Records of San Mateo County,
California.
Affects Parcel II.
42. UNRECORDED PURCHASE AGREEMENT AS DISCLOSED BY MEMORANDUM
OF PURCHASE AGREEMENT
By: Big Creek Lumber Company, a California corporation
and Between: Alan Hoskinq, Theresa Hoskinq, ( also known as
Theresa Ruth Hoskinq ) and Alan Hoskinq Ranch,
Inc. , a California corporation, formerly known
as Rancho Canada de Verde Inc. , a California
corporation
Dated: November 29, 1984
Recorded: December 7, 1984
Document No. : 84131358 of Official Records of San Mateo County,
California.
Affects Parcel II and other property.
Page 26
f
AMENDED E REPORT Order No. 308033-TD
43. EFFECT OF 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, Inc. , a California
corporation
Dated: April 10, 1985
Recorded: April 19, 1985
Document No. : 85038076 of Official Records of San Mateo County,
California.
Said Deed intends to convey the following:
An undivided interest in and timber rights to, all redwood
timber ( herein called *Timber") , both presently standing and
future Timber, as well as fallen Timber and logs. Said Deed
does not contain a legal description.
44. DEED OF TRUST to secure an indebtedness in the original
amount of $250,000. 00 and any other amounts and/or obligations
secured thereby,
Trustor: Alan Hoskins, Theresa Hoskincx, (also known as
Theresa Ruth Hooking) and Alan Hooking Ranch,
Inc. , a California corporation, formerly known
as Rancho Canada de Verde Inc. , a California
corporation
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Big Creek Lumber Company, a California corporation
Dated: April 10, 1985
Recorded: April 19, 1985
Document No. : 85038077 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1 , Davenport, CA 95017
Loan No. - None shown
Affects Parcel II.
45. UNRECORDED PURCHASE AGREEMENT AS DISCLOSED BY MEMORANDUM
OF PURCHASE AGREEMENT
By: Big Creek Lumber Company, a California corporation
and Between: Alan Hooking, Theresa Hooking, (also known as
Theresa Ruth Hooking) and Alan Hooking Ranch,
Inc. , a California corporation, formerly known
as Rancho Canada de Verde Inc. , a California
corporation
Dated: April 10, 1985
Recorded: April 26, 1985
Document No. : 85040889 of Official Records of San Mateo County,
California.
Affects Parcel II.
Page 27
AMENDED REPORT Order No* 308033 TD
There have been no deeds recorded within the last six months
prior to the 'date of this report, affecting the herein described
property.
DESCRIPTION
The land herein referred to is situated
in the State of California, County of San
Mateo, and is described as follows:
PARCEL I:
Parcels 1, 2, 3, 4, 5, 6, 7, ll, 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 PURISSIMA RANCHO &
PORTIONS OF SECTIONS 8, 17, & 18 T. 6 S. , R. 4 W. , M.D.H. 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 II:
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 Volume 43 of Parcel Maps at pages 12 and 13.
A.P. No. : 067-390-110 to 160 JPN 67 39 390 11 to 16 A
067-400-010 to 080 67 40 400 1 to 8 A
067-410-030 67 41 410 3 A
067-410-080 67 41 410 8 A
067-410-090 67 41 410 9 A
067-410-110 67 41 410 10.02 A
067-410-130 67 41 410 11 A
ORDER DATE: July 3 , 1985
S.T.R. DATE: None
PM/jmw (PJUL)
Page 28
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ASJ[JJORJ WAI COUNTY O/ JAN YAT(O. _-
Order No. 30R035-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:
1 . General and Special Taxes for the fiscal year 19A5-86,
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 1984-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
s98.33 Tax Sale No. 5616.
Code Area: 087-004 A.P. No. : 067-340-050
NOTES Second Installment General and Special Taxes for the
fiscal year 1984-85, in the amount of s65.78 delinquent
Penalty 66. 57 Costs 810 .00
Code Area : 087-004 A.P. No. : 067-340-050
3. The Lien 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 private
roads within the herein described property.
5. 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, 1890
Book/Reel 52 of Deeds at page/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.
6. AGREEMENT relative to water and water pipes as contained
in Agreement
By: Antoine Borel
and Between: Henry H. Davis
Dated: September 28 , 1898
Recorded: September 29, 1898
Book/Reel 9 of Miscellaneous at page/image 210, Records of San
Mateo County, California.
The exact location of said right of water and water pipes
is not disclosed of record.
Page 2
Order No. 30P035-TD
7. RESERVATION contained in Deed:
From: The Regents of the University of California
To: Fred Baldocchi
Dated: December 30, 1946
Recorded: January 10, 1947
Document No. : 45049-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 successors 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.
•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 permission
the right to occupy and 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.
I .
8. 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. : 624P9-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.
9. 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.
Page 3
Order Yo. 308035-TD
10. EASEMENT over the herein described property, as granted
in Deed:
From: Rancho Canada de Verde, Inc. , a corporation
To: Frank V. Amaral , a married man, as Community
property
Dated: November 29, 1977
Recorded: December 1, 1977
Document No. : 3783-AM
Book/Reel 7675 of Official Records at page/image 738, Records
of San Mateo County, California .
Grants Easement for ingress and egress and utility purposes.
Affects a portion of said premises.
11 . DEED OF TRUST to secure an indebtedness in the original
amount of 61 ,206,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Rancho Canada de Verde, Inc. , a California corpora-
tion
Trurtee: Federal Land Bank of Sacramento, a corporation
Beneficiary: Federal Land Bank of Sacramento, a corporation
Dated: September 22, 19P3
Recorded: October 5, 1983
Document No. : 95359-AS of Official Records of San Mateo County,
California.
Beneficiary's Address - P.O. Box 13106-C, Sacramento, CA 9SS13
Loan No. - 233611-1
NOTICE OR RESTRUCTURING OF LOAN securing payment of an
additional 9457,053 .58
Executed by: The Alan Hosking Ranch, Inc. , a California corpo-
ration formerly Rancho Canada de Verde, Inc.
Dated: August 10, 1984
Recorded: December 7, 19P4
Document No. : 84131348 of Official Records of San Mateo County,
California.
Covers property under search and other property.
12. FINANCING STATEMENT given as additional security for the
payment of the indebtedness secured by the Deed of Trust, shown
in Exception No. 11 above.
Debtor: Rancho Canada de Verde, Inc. , a California corpo-
ration
Secured Party: Federal Lard Bank of Sacramento
Recorded: October 9, 1981
Document No. : 95363-AS of Official Records of San Mateo County,
California.
Covers property under search and other property.
Page 4
I
Order No. 30P035-TD
13. 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, 19P1
Document No. : 5956-AT of Official Records of San Mateo County,
California.
Said agreement concerns the dispereement of income from
the sale of redwood and douglas fir timber.
Covers property under search and other property.
SUBORDINATION AGREEMENT:
Executed by: Big Creek Lumber Company, a corporation, 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, 19R4
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 .
14. DEED OF TRUST to secure an indebtedness in the original
amount of $16,000.00 and any other amou nts 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, 1982
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. - None shown
Covers property under search and other property.
SUBORDINATION AGREEMENT:
Executed by: Alan Hooking Ranch, Inc.
and between: Big Creek Lumber Company
Dated: October 30, 19P4
Recorded: December 7, 1984
Document No. : 84131342 of Official Records of San Mateo Courty,
California.
Subordinates the above Deed of Trust to Notice of Restructu-
ring of Loan recorded under Document No. 8413134E of Official
Records of San Mateo County, California.
Page 5
Order No. 308035-TD
15. DEED OF TRUST to secure an indebtedness in the original
amount of 847,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Rancho Canada De Verde Inc. , a California corpora-
tion
Trustee: Western 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. - None shown
Covers property under Fearch and other property.
SUBORDINATION AGREEMENT:
Executed by: Alan Hooking Ranch, Inc.
and between: Big Creek Lumber Company
Dated: October 30, 1984
Recorded: December 7, 1984
Document No. : 84131344 of Official Records of Sap Mateo County,
California.
Subordinates the above Deed of Trust to Notice of Restructu-
ring of Loan recorded ender Document No. S4131348 of Official
Records of San Mateo County, California.
16. DEED OF TRUST to secure an indebtedness in the original
amount of $136,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Rancho Canada De Verde Inc. , a California ccrpore-
tion
Trustee: Western Title Insurance Company, a corporation
Beneficiary: Big Creek Lumber Company
Dated: August 9, 19P2
Recorded: August 11, 1982
Document No. : 8206P355 of Official Records of San Mateo County,
California.
Beneficiary's Address - 3564 Highway 1, Davenport, CA 94017
Loan No. - None shown
Covers property under search and other property.
SUBORDINATION AGREEMENT:
Executed by: Alan Hooking Ranch, Inc.
and between: Big Creek Lumber Company
Dated: October 30, 19P4
Recorded: December 7, 1984
Document No. : 84131343 of Official Records of San Mateo County,
California.
Subordinates the above Deed of Trust to Notice of Restructu-
ring of Loan recorded under Document No. 84131348 of Official
Records of San Mateo County, California.
Page 6
Order Foe 30P035-TD
17. 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: Big Creek Lumber Company
Dated: January 28, 19P3
Recorded: January 28, 1983
Document No. : 83008984 of Official Records of San Mateo County,
California.
Beneficiary's Address - 3564 Highway 1, Davenport, CA 94017
Loan No. - None shown
Covers property under search and other property.
SUBORDINATION AGREEMENT:
Executed by: Alan Hosking Ranch. Inc.
and between: Big Creek Lumber Company
Dated: October 30, 1984
Recorded: December 7, 1994
Document No. : 84131345 of Official Records of San Mateo County,
California.
Subordinates the above Deed of Trust to Notice of Restructu-
ring of Loan recorded under Document No. 8413134P of Official
Records of San Mateo County, California .
le. 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 corpora-
tion
Trustee: Amtitle Company, a California corporation
Beneficiary: Big Creek Lumber Cotrpany
Dated: February 16, 19P3
Recorded: February 18, 19P3
Document No. : 83016001 of Official Records of San Mateo County,
California .
Beneficiary's Address - 3564 Highway 1 , Davenport, CA 94017
Loan No. - 81162
Covers property under search and other property.
SUBORDINATION AGREEMENT:
Executed by: Alan Hosking Ranch, Inc.
and between: Big Creek Lumber Company
Dated: Cctober 30, 1984
Recorded: December 7, 1984
Document No. : 84131346 of Official Records of San Mateo County,
California.
Subordinates the above Deed of Trust to Notice of Restructu-
ring of Loan recorded under Document No. 8413134P of Official
Records of San Mateo County, California.
page 7
Order No. 308035-TD
19. DEED Ol@ TRUST to secure an indebtedness in the original
amount of 01g0,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Rancho Canada De Verde Inc. , a California corpora-
tion Theresa Ruth Hooking, a married woman and
Alan Hoskinq, a married man
Trustee: Amtitle Company, a California corporation
Beneficiary: Big Creek Lumber Company
Dated: February 24, 19P3
Recorded: March 1 , 1983
Document No. : 83018818 of Official Records of San Mateo County,
California.
Beneficiary's Address - 3564 Highway 1 , Davenport, CA 94017
Loan No. - 81162
Covers property under search and other property.
SUBORDINATION AGREEMENT:
Executed by: Alan Hooking Ranch, Inc.
and between: Big Creek Lumber Company
Dated: October 30, 1984
Recorded: December 7, 19P4
Document No. : 84131347 of Official Records of San Mateo County,
California.
Subordinates the above Deed of Trust to Notice of Restructu-
ring of Loan recorded under Document No. 84131348 of Official
Records of San Mateo County, California.
20. MEMORANDUM OF AGREEMENT, upon the terms and conditions
contained therein
Executed by: Alan Hooking, Theresa Hooking and Rancho Canada
De Verde
and Between! Big Creek Lumber Company
Dated: February 10, 19P3
Recorded: June 17, 1983
Document No. : 83060390 of Official Records of Sap Mateo Courty,
California.
SUBORDINATION AGREEMENT:
Executed by: Big Creek Lumber Company, a corporation, The
Alan Hooking Ranch, Inc. , a California corporation,
formerly Rancho Canada de Verde, Inc.
and Between: Alan Hooking and Theresa R. Hoskinq, husband
and wife
Dated: August 10, 1984
Recorded: December 7, 1984
Document No. : 84131341 of Official Records of San Mateo County,
California .
Subordinates the above Agreemert to Notice of Restructuring
of Loan recorded under Document No. 84131348 of Official Records
of Ean Mateo County, California.
Page P
,I
I y
EXHIBIT C-2 TO MASTER AGREEMENT
Order No. 30P035-TD
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 Voorhees
375 Dietel Circle, Suite D-1
Los Altos, CA 94022
Customer's Reference:
Form of Policy Coverage Requested: CALIFORNIA LAND TITLE ASSOCIA-
TIOK 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, describing the land
and the estate or interest therein hereinafter set forth, incur-
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
ScheduleF, 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 from
the office which issued this report .
This report (and any supplements or amendments hereto) is issued
solely for the purpose of facilitating the issuance of a policy
of title ins»rance 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 Hinder or Commitment should be
requested.
Dated as of Jnly 16, 1985 at 7 :30 a .m.
RICHARD NIEYTEC
ESCROW/TITLE OFFICER
Title of said estate or interest at the date hereof is vested in:
ALAN HOSXING RANCH, INC. , formerly known as RANCHO CANArA DE
VERDE, INC. , a California corporation
Page 1
Order No. 30P035-TD
21 . 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 Hooking Ranch Inc. ,
(formerly Rancho Canada de Verde, Inc. ) , Timber Owner, and retween
Big Creek Lumber Company, Timber Operator, recorded December
7, 1984 as Document No. 84131349 of Official Records of San
Mateo County, California.
22. TERMS AND CONDITIONS of that certain unrecorded Prrchase
Agreement between grantor and grantee dated November 13, 1984
as disclosed 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, 1984 and
recorded December 7, 1984 under Document No. 84131356 of Official
Records of can Mateo County, California.
23. 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 Farcho
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 of trees for harvest, and scaling
method for purposes of this Deed as well as the determination
of the Timber to 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 9
Order No. 3OP035-TD
24, DEED OF TRUST securing performance of the unrecorded Purchase
Agreement referred to Exception No. 22 above thereby,
Trustort 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 Hooking) and The Alan Hooking Ranch,
Inc., a California corporation formerly known
as Rancho Canada de Verde, Inc. , a California
corporation
Dated: November 29, 19P4
Recorded: December 7, 19P4
Document No. : 84131357 of Official Records of Sap Mateo Coupty,
California.
Beneficiary's Address - 16060 Skyline Blvd., Woodside, CA 94062
Loan No. - None shown
There have been no deeds recorded within the last si
x m orths
prior to the date of this report, affecting the herein described
property.
Page 10
Order No. 308035-TD
DESCRIPTION
The land herein referred to is situated
in the State of California, County of San
Mateo, and is described as follows:
The South 1/2 of the Southeast 1/4 of Section 17 Township 6
South, Range 4 West Mount Diablo Base and Meridian.
A.P. No. : 067-340-050 JPN 67 34 340 05 A
ORDER DATE: July 3, 1985
S.T.R. DATE: December 7, 1984
PM/egz(pjul )
Page 11
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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
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
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 unobtrusive, orderly,
harmonious and compatible with existing or
potential uses of adjoining or nearby
sites ; and
4
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 property.
2 . Grantor , and each of them, agree that they shall be
limited in the development of said Theresa ' s Lot,
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 Theresa ' s Lot ;
(b) Remove diseased and/or dead plants and trees
and remove such timber as may be required for
the construction of improvements permitted
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
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
failure to exercise its 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
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 hold 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
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
the conditions set forth below in this 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
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 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
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 .
B. The zoning of the Life Estate Parcel shall not be changed
by or with the consent of the Corporation or the Life
Estate Holders , or any of them, without prior written
permission of District.
C. The legal description of the Life Estate Parcel contained
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 surveys requested by District solely for its
own use shall be paid for by District.
7805H/0693h
4
(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
previously constructed by the Corporation or the
Life Estate Holders 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
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
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
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 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
2
r
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
( other than a transfer resulting from the
condemnation and taking of the Life Estate) any
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 holding 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 :
�I
(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
I
location and design;
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
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.
"THERESA' S LOT"
All that portion of Parcel 11 lying westerly of the westerly
p I
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 .
7842H/0694h
2
i
I
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 :
i
"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 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.
i
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
i
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.
r
Schedule of Exhibits
Exhibit
Designation Contents
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
7765H/0692h
1
State of California )
) ss .
County of Santa Clara )
On before me, the undersigned, a Notary
Public in and for said State personally eared Alan Hoskin
. p Y appeared 9r
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
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.
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 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 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 )
7765H/0692h
3
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
Holders . 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.
Grantor further grants to District a right of first
refusal to purchase that certain property legally described in
Exhibit "I" as "Theresa' s Lot" , upon the terms and subject to
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:
Alan Hosking, President
By:
Ernestine U. Henshaw, President ALAN HOSKING
Board of Directors
ATTEST:
THERESA HOSKING
District Clerk
Dated: Dated :
7765H/0692h
2
8508 .07
(Exhibit D to Master Agreement--"Grant Deed" )
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
375 Distel circle, Suite D-1
Los Altos, California 94022
Attention: Mr . L. Craig Britton
GRANT DEED, RIGHT OF FIRST REFUSAL
AND DECLARATION OF RESTRICTIONS
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
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 in
Exhibit "I" , attached hereto and incorporated herein 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 .
NOW THEREFORE, for valuable consideration, receipt of
which is hereby acknowledged, Grantor hereby grants to District
the rights, title and interest in and to said property 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,
( 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 snail not extend
r and/or replacement of
to or include the repai
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
any other manner whatsoever . 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 Deed of Trust ) .
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 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
f Theresa' s Lot or
its ownership o
during ived in
portion thereof or interest therein , der
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
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 .
t contained in
C. The legal description of Theresa' s Lo
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
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 "Is . 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
Theresa' s Lot contained in Exhibit "I"
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
6
8508. 09
[EXHIBIT E TO MASTER AGREEMENT-" PARCEL C INSTRUMENT'
Recorded at the request of:
Aidpeninsula Regional open Space District
375 Distel Circle, Suite D-1
Los Altos , California 94022
Attn: Mr . L. Craig Britton
GRANT OF EASEMENTS FOR
PUBLIC TRAIL/RIPARIAN CORRIDOR AND
INGRESS AND EGRESS, AND RIGHT OF FIRST REFUSAL
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
tne 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
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:
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 the Trail 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
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
legal description for the description of the Trail Easement
contained in Exhibit "I" . 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.
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 "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
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 "I" . 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 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 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 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 .
4 . Limitations on Use by Grantor .
Grantor covenants and agrees for itself and its
heirs, successors and assigns , except where contrary to the
above descrioed rigats 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 ,
ouildings , structures or other things existing
on the Subject Property at the time of the
granting of this easement .
b . 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 3 hereinabove ) , or maintenance of any
existing roadway.
4
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.
C . 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.
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 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
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
Property except as the same inay 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.
h . 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.
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 .
j. 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 .
6
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
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.
5. Rights of District .
The District shall nave the right to inspect the
Subject Property once in March of 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 shall nave the right to use any
existing roadway for inspection purposes only by District
employees. Grantor snall 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
utilize the Subject Propety in any manner whatsoever , except as
provided in Paragraphs 1 and 2 . It is understood that the
purpose of this 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 and the
easements granted and described in Paragraphs 1 and 2 .
8. 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
8
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
Los Altos, CA 94022
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
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 .
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 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 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
successor and assigns .
MIDPENINSULA REGIONAL OPEN SPACE THE ALAN HOSKING RANCH, INC.
DISTRICT
ACCEPTED AND APPROVED: BY:
Alan Hosking, President
By:
Ernestine U. Henshaw ALAN HOSKING
President, Board of Directors
ATTEST:
THERESA HOSKING
District Clerk
Dated : Dated:
7859H/
12
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 ,
opersPona l ly appeared
ftoa ,ng ,iqRowndtThmeeoa prove ptmeoonnthe 8asis
eors
a Ruth
satisfactory evidence to be the persons whose names are
subscribed to within the instrument , and -acknowledged that they
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 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 witnin instrument, and
known to me to be the person wno executed the saine on behalf of
said District , and acknowledged to me that sucti District
executed the same pursuant to resolution .
WITNESS my hand and official seal .
Signature:
Name ( typed or printed)
7859H/
13
LIST OF EXHIBITS
I . Map
Legal Description of the Subject Property
III . Legal Description of District 's Property
7859H/
Exhibit I to Grant of Easements for Public Trail/
Riparian Corridor and Ingress and Egress ,
i and Right of First Refusal
THE MAP
I
I
I
N
O
O
C L I FOP I:
;?000
IXaM\dr . ■ ■ ■ o■ ■
� s
•
\ • ', r PUBLIC TRAIL EASEMENT
\ 1` RDEr A (90 ` WIDE)
PUBLIC ACCESS EASEMENT
1�� 1 (60 ' WIDE)
DEVELOPMENT ENVELOPE
l; (APPROX. 25 ACRES)
N( w FH SCALE 1" '
aU ��
8508 .12
Exhibit "II" to Grant of Easements for
Public Trail/Riparian corridor and Ingress and Egress
and Right of First Refusal
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 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* 14' 37" West) ; thence from said point
of beginning and leaving said Southwesterly right of way line
of Skyline Boulevard North 880 531 160 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 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 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 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
2
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 &
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 "BI 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 .
I �
i
i
PARCEL B
I
I
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
067-410-130
067-340-050
7837H/0694h
i a
8508 . 12
[EXHIBIT F TO MASTER AGREEMENT ]
OPTION AGREEMENT
THIS OPTION AGREEMENT ( "Agreement" or ") is made
and entered into this 15th day of August , 1985 , by and between
THE ALAN HOSKING RANCH, INC. , a California corporation ,
formerly known as Rancho Canada De Verde, Inc . , and ALAN
HOSKING and THERESA HOSKING ( also known as THERESA RUTH
HOSKING ) , husoand and wife , as individuals (hereinafter
collectively referred to as "Optionor" ) and MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, a Public District (hereinafter
referred to as "Optionee") .
RECITALS
A. Optionor is the owner of certain two adjoining
parcels of real property which are approximately 2, 100 acres in
size ( the "Property " ) , situated in an unincorporated area of
San Mateo County, State of California , and legally described in
Exnioit B to the Agreement to Purc�iase Real Property ( Parcel 1
jeing approximately 1 , 200 acres and Parcel 2 being
approximately 900 acres ) which is attached as Exhibit I hereto
( the "Purchase Agreement") .
B. Optionee desires to acquire the exclusive right to
purchase , without becoming obligated to purctiase , the Property
at an agreed price as specified nerein and under the terms and
conditions stated herein .
NOW, THEREFORE, the parties agree as follows:
1. Grant of Option. Optionor hereby grants to Optionee
the exclusive right to purchase the Property at the price and
under the terms and conditions set forth in the Purchase
Agreement attached hereto as Exhibit I .
2. Option Period. The term of this Option shall extend
for a period of four ( 4 ) years , commencing on the date of this
Agreement and terminating at 11: 59 P.M. on August 15 , 1989 ,
unless sooner exercised or terminated as provided herein .
3. Option Payments. In order for Optionee to maintain
the purchase rights under this Option, Optionee shall be
required to make the payments specified below until such date
as the option is exercised:
(a ) $300 ,000 . 00 on or before August 15 , 1986;
(b) 3350 ,000 . 00 on or before August 15 , 1987; and
(c ) $400 ,000 . 00 on or before August 15 , 1988 .
On or oefore March I of the calendar year in which
each payment is due, Optionee may notify Optionor as to whether
or not Optionee intends to make such payment and to thereby
maintain the Option . If Optionee fails to give such notice on
or before i4arcn 1 , Optioaor may demand that Optionee give such
notice within fifteen ( 15) days , and if Optionee fails to give
such notice within said 15-day period, this Option shall
automatically terminate .
Of the amounts payable as specified above in this
Section 3 , $100 ,000 of the payment specified in Section 3(a )
shall be applicable to the cash downpayment portion of the
purchase price for Parcel I of the Property if the option is
exercised and, similarly, $50 ,000 of the payment specified in
Section 3(d ) above shall be applied to the purchase money
2
Secured Promissory Note portion of said Parcel I purchase
price. Except as just provided, Optionee shall receive no
additional credit toward the purchase price of the Property for
the above payments in the event the Option is exercised. In
the event that Optionee does not exercise this Option , Optionor
shall retain all payments which have been made pursuant to this
Section 3.
4. Exercise of Option. Upon execution of this
Agreement, Optionor saall execute and deliver to Optionee two
( 2) counterparts of a Purchase Agreement in the form of Exhibit
I. Provided Optionee is not in breach of this Agreement , it
may exercise this Option at any time during the option period
by execution and tender to Optionor of one counterpart of said
Purchase Agreement. From and after the date Optionee exercises
the Option , it snall be relieved of the obligation to make any
further payments under Section 3.
5. Automatic Termination . Unless the parties agree
otherwise in writing, this Option and the rights of Optionee
hereunder saall automatically and immediately terminate witaout
notice :
(a ) If Optionee fails to make a payment as
required in Section 3; or
(b ) If Optionee fails to give the notice required
under Section 3 within 15 days of Optioaor 's demand for such
notice as described in Section 3; or
(c) At 11 :59 p .m. on August 15 , 1989 .
Thereafter , Optionee shall execute , acknowledge and
deliver to Optionor , within ten ( 10 ) days of request therefor ,
3
a release, Quitclaim Deed or other appropriate document
or a title insurance company to verify the
required by Optionor
termination of this Option Agreement .
6 . Use of Property Prior to Exercise of option.
6 .01 Timber Harvest. Subject to the provisions of
this Section 6 , Optionor shall have the right , during the term
of this Option, to harvest up to 4 ,500 ,000 board feet of timber
from the Property in accordance with the terms of that certain
Timber Purchase Agreement between Big Creek Lumber Company and
Optionor , dated November 29 , 1984 , as disclosed by a Memorandum
of Purchase Agreement recorded on December 7 , 1984 as Document
Number 84131358 with the San Mateo County Recorder 's office .
Optionor may harvest additional timber , in such manner as may
be specified by Optionee, for the purpose of utilizing the
proceeds from the sale thereof to make annual loan payments to
the Federal Land Bank in the amount of approximately $200 ,000
per year . Optionor agrees to cooperate with Optionee to the
extent Optionee desires to specify or designate trees to be
harvested and as to other aspects of timber harvesting on the
Property.
6 .02 Termination of Motorcycle Operation.
Immediately upon execution of this Agreement , Optionor shall
give notice of termination of the PITS Lease to all necessary
persons so as to eliminate the use of motorcycles , dirt bikes
and other motorized vehicles on the Property ( other than the
use of vehicles ordinarily used in connection with the
management of the Property and the harvesting of timber as
permitted in Section 6 .01 above) within thirty ( 30 ) days of the
date of execution hereof . Optionor represents and warrants to
Optionee that such 30-day notice is the only action required to
terminate the PITS lease and that the use of all motorized
4
vehicles on the Property (except as expressly permitted herein )
shall be eliminated within 30 days of the date of execution
hereof .
6 .03 Protection of Resources. Optionor covenants
and agrees , on behalf of Optionor , its agents , employees and
assigns , that during the Option term Optionor , its agents ,
employees and assigns shall not cut or remove or cause to oe
cut or removed any standing or downed trees for any purpose
whatsoever , -except to the extent expressly permitted in
Section 6 .01. Additionally, Optionor at all times shall
preserve and protect the Property and any and all resources
thereof.
6 .04 Title. The Property is presently encumbered
13y those items listed in the Preliminary Title Report relating
to Parcel 1 , which is attached as Exhibit I-I to the Agreement
to Purchase Real Property ( Exhibit I hereto ) and those items
listed in the Preliminary Title Report relating to Parcel 2,
which is attached as Exhibit I-J to the Agreement to Purchase
Real Property (Exhibit I hereto ) .
Seller covenants that there are no exceptions
to title to the Property other than those listed in said
Preliminary Title Reports and that Seller will neither take any
action nor permit any action to be taken ( including, without
limitation , the granting of easements or timber or mineral
rights ) that would prevent Seller from delivering title to the
Property to District in the manner required by Section 5 . 04 of
the Agreement to Purchase Real ',property (Exhibit I hereto ) .
6 . 05 Ranger Residence. Until the earlier of the
exercise of this option or tne expiration or termination
hereof, Optionor agrees to provide a residence apartment for a
5
ranger or caretaker selected by Optionee, at no cost to
Optionee in the area known as the "Barn Area" as described in
the Lease attached as Exhibit I-G to the Purchase Agreement.
Tne ranger/caretaker residence apartment snail be provided by
Optionor free of any and all charges for rent.
7. Delivery of Property. In the event this Option is
exercised, Optionor shall deliver the Property to Optionee free
and vacant of all persons and personal property at the close of
escrow, and Optionor , on behalf of itself, its heirs ,
successors and assigns , hereby specifically waives and releases
Optionee 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 Optionor agrees to hold
Optionee harmless and reimburse Optionee for any and all
liability, losses and expenses occasioned by reason of any and
all such claims .
8 . Assignability of Option. Optionee may assign this
Agreement to another public agency of similar nature and
function as Optionee or to a non-profit land trust or
association having an Internal Revenue Code Section 501 (c) ( 3 )
designation as a tax-exempt charitable non-profit foundation;
provided that any such assignment shall be null and void
without the prior written consent of Optionor , which shall not
be unreasonably withheld. In the event an attempted assignment
is made in violation of this provision , Optionee ' s rights under
this Agreement shall automatically terminate without notice .
9 . Memorandum of Option. The parties shall execute a
Memorandum of Option in the form attached hereto as Exhibit II ,
which shall be recorded in the official records of tne
Recorder 's Office of San Mateo County, California .
6
i
10 . Miscellaneous Provisions .
10 .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 .
10 .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 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 reasonable expenses
and attorneys ' fees .
10 .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
or iv waive the fulfillment of an condition that is
party;
( ) Y
precedent to the performance by such party of any of its
obligations under this Agreement. Any agreement on the part of
II
I
I
any party for any such amendment, extension or waiver must be
in writing.
10 .04 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.
10 .05 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 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:
Optionor : 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
illl
( 408 ) 971-7252
Optionee: Midpeninsula Regional open Space District
375 Distel Circle, Suite D-1
Los Altos, CA 94022
Attn: Herbert Grench , General Manager
( 415 ) 965-4717
8
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 .
10 .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 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 .
10 .07 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.
9
10 .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 .
10 .10 Exhibits ; Entire Agreement. Each of the
Exhibits attached hereto is incorporated herein by this
reference. This Agreement, including said Exhibits , 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 correspondence, conversations ,
negotiations , agreements or understandings relating to the
subject matter hereof .
10 .10 Time of Essence. Time is of the essence of
each provision of this Agreement in which time is an element .
10 .11 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.
10 . 12 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 .
10
10 . 13 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 toe successors and permitted assigns of
the parties hereto .
10. 14 �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 tne intention of the
parties hereto .
10. 15 Pronoun References. In this Agreement, if i
9 , t
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 .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to oe executed by their duly authorized officers to
be effective as of the day and year first above written .
Optionee Optionor
MIDPENINSULA REGIONAL OPEN THE ALAN HOSKING RANCH, INC.
SPACE DISTRICT, a Puolic ( formerly known as RANCHO
District CANADA DE VERDE, INC. , a
California corporation )
OVED AS TO FORM:
B 1C
Y�
Stanley Nor ton, Distr1- -C-5-5-5-s-eT Alan H skin , President �—
"---71-1
ACCEPTED FO RECOMMENDATION :
Ll
C
-,
L. Craig ritton Alan Hosking �-
Land Acquisition Manager
APPROVED AND ACCEPTED :
Ernestine U. Hensnaw Theresa ffos, Tals-o Known n
President, Board of Directors Theresa Rutn osking)
By David W. Lively,
Her Attorney-in-Fact
ATTEST :
District Clerk
Date .
7731H/0687h
12
I
8508 .12
[EXHIBIT I TO OPTION AGREEMENT ]
AGREEMENT TO PURCHASE
REAL PROPERTY
Between
THE ALAN HOSKING RANCH, INC. ,
ALAN HOSKING and THERESA HOSKING
and
AIDPENINSULA REGIO14AL OPEN SPACE DISTRICT
198
I T
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TABLE OF CONTENTS
Section p
1 . Transfer of Property. . . . . . . . . . . . . . . . . . . . . . . 2
1 . 01 Purchase and Sale. . . . . . . . . . . . . . . . . . . . . 2
1 .02 Open Space Easement. . . . . . . . . . . . . . . . . . . 2
2. Purchase Price and Conditions . . . . . . . . . . . . . . . . 2
2. 01 Parcel 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. 02 Parcel 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Lease of Barn Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4. Bear Gulch Road Area . . . . . . . . . . . . . . . . . . . . . . . . . 6
5. Escrow and Closing. . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 . 01 Date of Closing . . . . . . . . . . . . . . . . . . . . . . . 7
5 .02 Items to be Delivered at the
Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 .03 Closing Costs and Prorations . . . . . . . . . . 9 -
5 . 04 Title Insurance Policy. . . . . . . . . . . . . . . . 9
5 .05 Escrow Instructions . . . . . . . . . . . . . . . . . . . 10
6. Rights and Liaoilities of the Parties
in the Event of Termination . . . . . . . . . . . . . . . . 11
7 . Waiver of Statutory Compensation . . . . . . . . . . . . . 11
8 . Seller 's Representations and Warranties . . . . . . 11
8 . 01 Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 .02 Valid and Binding Agreements . . . . . . . . . . 12
8 . 03 Good Title . . . . . . . . . . . . . . . . . 12
8 .04 No Undisclosed Leasehold Interests . . . . 12
9 . Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . 13
9 .01 Choice of Law . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 . 02 Attorneys ' Fees . . . . . . . . . . . . . . . . . . . . . . . 13
9 .03 Amendment and Waiver . . . . . . . . . . . . . . . . . . 13
9. 04 Rights Cumulative . . . . . . . . . . . . . . . . . . . . . 14
9 .05 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
II
9 . 06 Disclaimer of Representations . . . . . . . . . 15
9 .07 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 . 08 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 .09 Waiver . . . . . . . 16
9 . 10 Exhibits ; Entire Agreement . . . . . . . . . . . . 16
9 .11 'Time of Essence . . . . . . . . . . . . . . . . . . . . . . . 17
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I II
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Section Page
9 . Continued)
9 .12 Survival of Covenants ,
Representations and Warranties . . . . . . 17
9 .13 Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 . 14 Further Documents aad Acts . . . . . . . . . . . . 17
9 .15 Binding on Successors and Assigns . . . . . 18
9 . 16 Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 .17 Pronoun References . . . . . . . . . . . . . . . . . . . . 18
9 . 18 Broker ' s Commission . . . . . . . . . . . . . . . . . . . 18
9 .19 Like Kind Exchange . . . . . . . . . . . . . . . . . . . . 18
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Schedule of Exhibits
Exhibit
Designation
I-A The Map
I-B Legal Description of Property
(Parcel 1 and Parcel 2 )
I-C Secured Promissory Note
( Parcel 1-$4 , 500 ,000-10 year-8%)
I-D Deed of Trust
( Parcel 1-$4 ,500 ,000 )
I-E Form of Secured Promissory Note to Be Issued in
Connection with Parcel 2 ( 10 year-8%)
I-F Form of Deed of Trust ( Parcel 2 )
I-G Lease of Barn Area
I-H Grant Deed For Fee Parcels , and Right of First
Refusal and Declaration of Restrictions on
Bear Gulch Road Area ( to convey title to
Parcels 1 and 2 and impose restrictions on
Bear Gulch Road Area )
I-I Preliminary Title Report (Parcel 1 )
I-J Preliminary Title Report ( Parcel 2 )
I-K Grant of Easement for Open Space
I
I
AGREEMENT TO PURCHASE REAL PROPERTY
This Agreement is made and entered into this day
of , 198 by and between THE ALAN HOSKING
RANCH, INC . , a California corporation, formerly known as Rancho
Canada De Verde, Inc. , and ALAN HOSKING and THERESA HOSKING
(also known as THERESA RUTH HOSKING ) , husband and wife
(hereinafter collectively called "Seller" ) , and the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District
(hereinafter called "District" ) .
RECITALS
A. Seller is the owner of certain real property, which is
approximately 2 , 100 acres in size, located within an
unincorporated area of the County of San Mateo, State of
California, designated as Parcel 1 and Parcel 2 on the map
attached hereto as Exhibit I-A ( the "Map" ) and legally
described in Exhibit I-B ( the "Property" ) .
B. Seller desires to sell and District desires to purchase
the Property for the consideration and on the terms and
conditions hereinafter set forth .
C. Although District will be taking title to both Parcel 1
and Parcel 2 at the Closing provided for in this Agreement,
District will only make payment for Parcel I at the Closing.
The District will have the right to retain Parcel 2 by making
the future payment provided in this Agreement or , at its
option, reconveying Parcel 2 to Seller within the time period
and in the manner specified herein .
AGREEMENT
NOW, THEREFORE , in consideration of the foregoing
recitals and the mutual covenants and promises herein
contained, the parties agree as follows:
1 . Transfer of Property.
1 . 01 Purchase and Sale. On the terms and subject
to the conditions set forth herein , Seller agrees to sell and
convey to District, and District agrees to purchase from
Seller , Parcel 1 of the Property, comprising approximately
1 , 200 acres . In addition, Seller agrees to transfer and convey
to District, and District agrees to receive from Seller ,
Parcel 2 of said Property, comprising approximately 900 acres .
The District' s right to retain title to Parcel 2 is dependent
upon the District making the payment provided herein
representing the purchase price for said Parcel or , at its
option, reconveying Parcel 2 to Seller in the manner provided
hereinafter .
1 . 02 Open Space Easement. Seller agrees to grant
to District an open space, conservation and restriction
easement over , upon and across certain property adjoining the
Property and designated as Parcela C on the Map ( containing
approximately 110 acres ) , by Seller ' s execution and delivery of
the Grant of Easement for Open Space in the form attached
hereto as Exhibit I-K .
2 . Purchase Price and Conditions .
2 .01 Parcel 1 . The total purchase price of
Parcel 1 shall be Five Million Six Hundred Twenty-Five Thousand
Dollars ($5,625 ,000 ) , less the permissible credits ( up to
2
$150 ,000 , as more particularly set forth below) toward the
purchase price for a portion of the option payments made
pursuant to Section 3 of the Option Agreement ( the "Option
Agreement" ) between Seller (as Optionor ) and District (as
Optionee ) . The purchase price shall be payable as follows :
(a) A downpayment in cash of One Million One
Hundred Twenty-Five Thousand Dollars ($1, 125 ,000 ) ( less any
credits for Federal Land Bank loan payments and less any option
payments made pursuant to Section 3 (a) of the option Agreement
[ up to $100 ,0001 ) based on the difference between the total
purchase price and the principal amount of the Promissory Note
described below.
(b) A purchase money Secured Promissory Note
in the principal amount of Four Million Five Hundred Thousand
Dollars ($4,500 ,000 ) ( less any option payments made pursuant to
Section 3 (b) of the Option Agreement [ up to $50 , 0001 ) , bearing
interest at the rate of 8% per annum, and payable in ten equal
annual principal payments (plus accrued interest ) , in the form
attached as Exhibit I-C , secured by a Deed of Trust in the form
of Exhibit I-D.
2 .02 Parcel 2. At the time Parcel 1 is conveyed to
the District, Seller shall also convey Parcel 2 to the
District. With respect to Parcel 2 , not later than six ( 6 )
years from the date of Closing pursuant to Section 5 hereof :
(a) District may, at its option, give Seller
written notice of its intention to retain ownership of
Parcel 2 , in which case District shall deliver to Seller ( not
later than six years from the Closing) the total purchase price
3
i
for Parcel 2 which shall initially be Six Million One Hundred
Thousand Dollars ( $6, 100 ,000 ) ; provided, however , that such
purchase price shall escalate at the expiration of each
calendar month from and after the date of Closing by an amount
equal to one-half percent ( 1/2%) of said original purchase
price . The purchase price shall be payable as follows :
( i ) A cash payment in an amount equal to
twenty percent ( 20%) of the purchase price ( $1, 220 ,000 based on
the initial purchase price of $6 , 100 ,000 ) .
( ii ) A purchase money Secured Promissory
Note in a principal amount equal to eighty percent ( 80% ) of the
purchase price ( $4 ,880, 000 , based on the initial price of
$6 ,100 ,000 ) bearing interest at the rate of 8% per annum, and
payable in ten equal annual principal payments ( plus accrued
interest ) , in the form attached as Exhibit I-E , secured by a
Deed of Trust in the form of Exhibit I-F .
(b) District may elect not to retain
ownership of Parcel 2 , in which event District shall
immediately reconvey Parcel 2 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 six years after the Closing hereunder .
Until District makes the cash payment
specified in Section 2 .02 (a ) ( i ) and delivers the Secured
Promissory Note described in Section 2 .02 (a) ( ii ) , District
shall hold title to parcel 2 subject to a fiduciary trust
responsibility of reconveyance to Seller should District not
elect to retain ownership as provided in this Agreement. At
the Closing pursuant to Section 5 , District shall execute a
4
Defeasance Agreement for Parcel 2 in favor of Seller , and in a
form reasonably acceptable to Seller , setting forth District' s
fiduciary trust responsibility of reconveyance described
herein . Except as specifically set forth in this Agreement,
District shall not have any right, until it makes the election
to retain ownership in accordance with the provisions hereof ,
to transfer , encumber , or impose any condition on Parcel 2 or
any part thereof . District further agrees not to change the
zoning of Parcel 2 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 2; provided, that District' s obligation to cooperate
shall be at no cost or expense to District. The rights of
Seller under this Section 2 .02 shall be subject to specific
performance .
If District elects not to retain
ownership of Parcel 2 , 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 50 residential units on Parcel 2 ( less any homesites
developed under the provisions of Section 4 hereof ) . Such
cooperation shall include, without limitation , District acting
as joint applicant in Seller ' s development process such that
Parcel 1 will be considered together with Parcel 2 in
determining the maximum density allocation on the area to be
developed by Seller .
3 . Lease of Barn Area. For the period commencing on
the date of the Closing of the purchase of the Property
hereunder and ending on the earlier of : ( i ) the date District
5
elects not to retain ownership of Parcel 2 pursuant to
Section 2 . 02; or ( ii ) the date both Secured Promissory Notes to
be delivered by District for the purchase of the Property
(Exhibits I-C and I-E) are paid in full, Seller shall have the
right to lease a portion of Parcel C, known as the Barn Area,
from District at no cost to Seller , pursuant to the Barn Area
Lease Agreement in the form attached hereto as Exhibit I-G,
provided that Seller ' s interest shall be subject to the
District' s right to a ranger residence as provided in the Lease .
4 . Bear Gulch Road Area . Seller shall retain in fee
the area designated "Bear Gulch Road Area" on the Map,
comprising approximately 6 acres . Seller shall have the right
to subdivide said area and develop a maximum of 3 homesites .
All homesites shall be clustered within the 6-acre area, with
approximately 2 acres allocated to each homesite. District
agrees to cooperate with Seller in such development, such
cooperation to include, without limitation , District acting as
joint applicant in Seller ' s development process and agreeing to
make available its surrounding property to the extent necessary
to allow Seller to meet density requirements for said maximum
of 3 homesites; provided, however , that any land so required to
be made available in fee to Seller for such purpose shall be
subject to an open space, conservation and public use easement
in the form customarily used by District. The six acre Bear
Gulch Road area so retained by Seller shall be subject to a
right of first refusal and design review provisions as provided
in the Grant Deed for Fee Parcels , and Right of First Refusal
and Declaration of Restrictions on Bear Gulch Road Area, as
attached hereto as Exhibit I-H ( the "Grant Deed" ) .
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
6
and Seller ( "Escrow Holder" or "Title Company" ) through which
the purchase and sale of the Property shall be consummated. A
fully executed copy of this Agreement shall be deposited with
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 in to the escrow as herein provided, subject to the
following terms and conditions :
5 . 01 Date of Closing. The Closing shall be on or
before sixty ( 60 ) days following District' s execution and
delivery of this Agreement to Seller , provided, however, that
the parties may, by written agreement, extend the time for
Closing. 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 . 04 and the performance by both parties
of their respective obligations hereunder .
5 .02 Items to be Delivered at the Closing.
(a) By Seller . Seller shall deposit (or
cause to be deposited) into the escrow on or before the Closing:
( i ) The executed Grant Deed in the
form attached as Exhibit i-H;
7
( ii ) The executed Barn Area Lease in
the form attached hereto as Exhibit I-G;
( iii ) The executed Grant of Easement for
open Space in the form attached hereto as Exhibit I-K; 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 the Closing:
( i ) A District check for the cash down
payment portion of the Purchase Price in an amount calculated
pursuant to Section 2 . 01 hereof .
( ii ) An executed purchase money Secured
Promissory Note, dated as of the Closing, in the principal
amount of $4 ,500 , 000 and in the form of Exhibit I-C .
( iii ) An executed and recordable Deed of
Trust, dated as of the Closing, in the form of Exhibit I-D ( the
"Deed of Trust" ) .
( iv) An executed Barn Area Lease in the
form of Exhibit I-G attached hereto;
( v) A Certificate of Acceptance to be
attached to the Grant Deed; and
( vi ) A Defeasance Agreement covering
Parcel 2 in form reasonably acceptable to Seller ; and
8
(vii ) 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 .03 Closing 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 5 . 04 , and any and all
other customary recording costs and fees . Seller shall pay all
reasonable costs required to deliver marketable title to the
Property in the manner provided herein . All other costs or
expenses not otherwise specifically 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 prorated
through escrow between District and Seller as of the Closing
based upon the latest available tax information using the
customary escrow procedures .
5 .04 Title Insurance Policy. Seller covenants that
it shall cause Title Company to be prepared and committed to
deliver to Seller and District a standard coverage CLTA Joint
Protection Policy of Title Insurance, dated as of Closing,
insuring District and Seller each in the amount of $12 ,200 ,000 ,
insuring Seller ' s interest as beneficiary under the Deed of
Trust and insuring District ' s fee title interest in the
Property subject only to: ( i ) current real property taxes ;
( ii ) the printed exceptions contained in said title insurance
policies ; ( iii ) the Permitted Exceptions ; ( iv ) the Barn Area
Lease ; ( v) the Deed of Trust ; 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 Property conveyed to
9
District is free and clear of all mechanic' s liens . As used
herein, "Permitted Exceptions' shall mean those items shown as
Exceptions 4 through 13 and 26 through 27 in the Preliminary
Title Report relating to Parcel 1 which is attached hereto as
Exhibit I-I ; those items shown as Exceptions 4 through 11 and
24 through 25 in the Preliminary Title Report relating to
Parcel 2 which is attached hereto as Exhibit I-J; and such
items as are approved by both District and Seller on or before
5: 00 p.m. , August 15, 1985 , on a second Preliminary Title
Report relating to Parcel 2, to be provided by Seller to the
parties on or before 5: 00 p.m. , August 15, 1985 .
5. 05 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 :
( a) Cause the Grant Deed and attendant
Certificate of Acceptance and the Deed of Trust securing the
Secured Promissory Note in the amount of $4 , 500 ,000 to be
recorded in the Office of the County Recorder of San Mateo
County, California.
(b ) Cause to be delivered W to the
District and Seller originals of the Policy of Title Insurance
required herein and fully executed copies of the Barn Area
Lease, ( ii ) to Seller the purchase money Secured Promissory
Note and the Escrow Holder ' s check for the cash down payment
portion of the purchase price for Parcel 1 ( less Seller ' s
portion of the expenses described in Section 5. 03 ) , and
( iii ) 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.
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. 10
6 . 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 . 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.
7 . Waiver of Statutory Compensation. Seller
understands that it may be entitled to receive the fair market
value of the Property 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 seq . Seller acknowledges that it is familiar
with the applicable federal and California law . Seller hereby
waives all existing and future rights it may have to receive
the fair market value of the Property purchased by District
under any applicable federal or California law.
8 . Seller ' s Representations and Warranties. For the
purpose of inducing District to enter into this Agreement and
to consummate the sale and purchase of the Property in
accordance herewith , Seller jointly and severally represents
and warrants to District that as of the date of this Agreement
and as of the date of Closing:
8 .01 Authority. Seller has the full right, power
and authority to enter into this Agreement and to perform the
transactions contemplated hereunder .
11
8 .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 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 Seller .
8 . 03 Good Title. Seller has and at the Closing
Date shall have good, marketable and indefeasible fee simple
title to the Property, and the interests therein 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 .
8 .04 No Undisclosed Leasehold Interests . There
exist no oral or written leases , timber harvest agreements or
rental agreements affecting all or any portion of the Property
(other than as expressly provided for herein) , nor are there
persons occupying or entitled to occupy all or any portion of
the Property (other than as provided in the Barn Area Lease,
and provided that Seller makes no representation with regard to
persons who may be trespassers on the Property without Seller ' s
knowledge ) . Seiler 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
12
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 seq . of the
California Government Code) .
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 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 reasonable expenses
and attorneys ' fees .
9 .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
I,
13
I
I
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.
9 . 04 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.
9 . 05 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 ae 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 Ranc'i , Inc.
16060 Skyline Boulevard
Woodside, CA 94062
( 415 ) 851-7379
14
Copy to : David W. Lively, Esq.
Kelly, Leal & Olimpia
333 West Santa Clara Street
San Jose, California 95113
( 408 ) 971-7252
District : Midpeninsula Regional open Space District
375 Distel Circle, Suite D-1
Los Altos, CA 94022
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 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 .
9 .06 Disclaimer of Representations. District and
Seller agree that, except as otherwise 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
15
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 as otherwise provided
herein .
9 .07 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 .
9 . 08 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.
9 . 09 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.
9 .10 Exhibits ; Entire Agreement . Each of the
Exhibits attached hereto is incorporated herein by this
16
reference . This Agreement, including said Exhibits , 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 correspondence, conversations,
negotiations, agreements or understandings relating to the
subject matter hereof .
9 . 11 Time of Essence . Time is of the essence of
each provision of this Agreement in which time is an element.
9 .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 .
9 . 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.
9 . 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.
17
9 . 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.
9 . 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.
9 . 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.
9 .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 .
9 . 19 Like Kind Exchange. District understands
that Seller may desire 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 9 . 19 .
18
i
I
i
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their duly authorized officers
to 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 A California corporation
District (formerly Known as RANCHO
CANADA DE VERDE INC.
APPROVED AS TO FORM:
By
Stanley Norton, District Counsel Al�king,p esi-denent—�
ACCEPTED FOR RECOMMENDATION:
� I
L. Craig Britton Alan Hosking
Land Acquisition Manager
APPROVED AND ACCEPTED :
President, Board of Directors Theresa H g (also 'known,As
rher esa Rutn Hosk ing)
By David W. Lively,
Her Attorney-in-Fact
ATTEST :
District Clerk
Date :
7732H/0688h
19
� II
I
[ EXHIBIT I-A to PURCHASE AGREEMENT FOR EXERCISE OF OPTION ]
THE MAP
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NA
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' PARCEL A
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.:r s .• PARCEL C
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PARC E L B ..: Gc
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00
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8508 .12
(EXHIBIT I-B to PURCHASE AGREEMENT FOR EXERCISE OF OPTION ]
III
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the State of
California, County of San Mateo , and is described as follows:
" PARCEL 1*
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 oeing 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 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 67' 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 * 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 53 ' 16" East 3154 . 62 feet to a point on said
line which is distant North 881 531 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) ; tiience leaving said section line along the
centerline of Bear Gulch Road the following courses ; South 380
151 West 48 . 00 feet, South 490 43 ' West 75 . 50 feet, South 300
501 viest 55 .00 feet, South 120 151 West 58 .00 feet, South 60
001 East 256 . 00 feet, South 40 201 West 39 . 82 feet, South 150
101 West 222. 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 730
401 East 26 .00 feet, North 790 001 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, Soutn 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, 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-S) , 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 if 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
II
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
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
3
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 .
Assessor Parcel No . : 072-350-050
072-360-030
075-350-010
081-110-030
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 067* 141 37" West
along the arc of a curve to the right , naving a radius of 650
feet and a central angle of 90 281 20" , an arc distance of
107 . 46 feet ; thence leaving said Southwesterly right of way
line of Skyline Boulevard, North 88* 531 16" fides 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 43 ' 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 40 201 West 39 . 82 feet ,
4
i
South 150 10 ' West 22. 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,
° 20' East 34 50 feet South 47 ° 00' East 47 . 00 feet
South 77 ,
S ►
o r o
South 73 40 Last 26 .00 feet, Nortn 79 001 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 400 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 Nortneasterly 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 Nortnwesterly, along said
I '
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-'L ) .
e coal phosphate sodium
all oil as oil shale, ,
ALSO EXCEPT ► ► p
9 p
gold , silver , and all other metals and minerals of every
character lying and being within or under that portion of the
Y g g
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. 3EING A PORTION OF THE LAND DESCRIBED IN VOLUME
6582 OFFICIAL RECORDS AT PAGE 647 , SAN MATEO COUNTY,
5
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 .
Parcel II
A NON-EXCLUSIVE EASEMENT for ingress and egress over portion of
Parcel "M" as shown on that cectain 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 501 INGRESS AND
EGRESS EASEMENT FOR THE BENEFIT OF PARCEL L" .
Parcel III
PARCEL 1 as shown on that certain map entitled "PARCEL t4AP OF A
RESUBDIVISION OF PARCEL "M" AS SHOWN ON VOLUME 40, PARCEL MAPS
PAGE 43, AND DESCRI3ED 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 aoove 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) .
6
Parcel IV
A portion of Sections 21 and 22, Township 6 Soutn , 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 snows on that certain map
entitled "DIVISION OF ARATA RANCHO" , filed in tne 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 iignway known as
"Skyline Boulevard" , Division IV, Route 55 , Secion C, San Mateo
County, and being bounded on the North and West oy 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 snown on that certain map entitled " PARCEL MAP OF
A RESU3DIVISION OF A PORTION OF SECTIONS 16, 21 & 22, T 6 S . ,
a 4 W, ill. D. B. & M. , AND A PORTION OF RANCHO CANADA DE
RAYMUNDO, BEING A PORTION OF THE LAND DESCR13ED IN VOL. 6582
O.R. PG . 647, SAN MATEO COUNTY, CALIFORNIA" , filed in tine
office of the County Recorder of San Mateo County, State of
California on March 17 , 1973 in Book 41 of Parcel Maps at pages
29, 30 and 31 .
Assessor 's Parcel Numoers For Parcels I ttirougn 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
7873H/0696h
7
8508 .06-1
[ EXHIBIT I-C TO PURCHASE AGREEMENT FOR EXERCISE OF OPTION]
SECURED PROMISSORY NOTE
$4 ,500 ,000 .00 Los Altos, 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 Four million Five
Hundred Thousand Dollars ($4 ,500 ,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 shall be paid by
Maker in ten ( 10 ) equal annual installments , each in the amount
of Four Hundred Fifty Thousand Dollars ($450 ,000 .00 ) , and each
such installment shall additionally include an amount equal to
the accrued and unpaid interest hereunder . 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
810 ,000 .00
774 ,000 .00
738 ,000 .00
702 ,000 . 00
666 ,000 . 00
630 ,000 .00
594 ,000 .00
558 ,000 .00
522 ,000 .00
486 ,000 .00
(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.
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 2
(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, " 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
August 8 , 1985 .
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
(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 ) .
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 3
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 . "
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
Secured Promissory Note
Midpeninsula Regional Open Space District/Hosking
Page 4
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 .
12 . Section Headings . Section headings are solely for
the convenience of e parties and are not a part of this Note.
13 . Modification. No provision of this Note may be
waived, modified or —d—ischarged other than by an agreement in
writing signed by the party against whom enforcement of such
waiver , modification or discharge is sought.
Secured Promissory Note
Midpeninsula Regional open Space District/Hocking
Page 5
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
375 Distel Circle, Suite D-1
Los Altos , California 94022
Director
Director
Director
Director
Director
Director
Director
7775H/0692h
[EXHIBIT I—P TO PURCHASE AGREEMENT FOR FXERCIS,.. uF OPTION]
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(Thk Deed of Trust contsim an aaalaration oilum)
This DEED OF TRUST,made ,between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whoseaddressis 375 Distel Circle, Suite D-1, Los Altos California
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE, and
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 trustor shall all,convey or alienate said property,or any part thereof,or any interest therein,or shall be divested of his title or any interest
therein in any manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bene-
ficiary shall haw the right,at its option,except as prohibited by law,to declare any indebtedness or obligations secured hereby,irrespective of the
maturity date specified in any note evidencing the same,immediately due and payable.
Together with the ruts,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Benefi-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing (1) payment of the sum of s 4 r 5 0 0 ,0 0 0 with interest thereon according to the terms of a promissory note or
notes of even date herewith made by Trustor, payable to order of Beneficiary,and extensions or renewals thereof,and(2)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Dead of Trust.
To protect the security of this Dead of Trust,and with respect to the property above described.Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform end be bound by each and all of the terms and provisions set forth in subdivision A.and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all
other counties August 18,1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property
is located,noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130.31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Calsveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Coluse 323 391 Morin 1849 122 Sort Bernardino 6213 768 Sutter 655 585
Contra Costa 4684 1 Mariposa 90 453 San Francisco A.804 596 Tehome 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
El Dorado 704 635 Merced 1660 753 Son Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
I 4 Yolo 76 1
Humboldt Monterey 357 239 Santa C era 662fi 66 9 6
umbo dt 801 83 arsy
Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
Ingo 165 672 Nevada 363 94 Shasta Soo 633
Kern 3756 690 Orange 7182 18 Son Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said sub-
division A and 8, (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 herein,and Beneficiary may charge for a statement regarding the obligation
secured hereby,provided the charge therefor does not exceed the maximum allowed by low.
The undersigned Trustor,requests that a copy of any notice of default arid any notice of sale hereunder be mailed to him at his address hereinbefore set
fart. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA I Signature of Trustor
COUNTY OF �,, A Public District
On
before me, the undersigned, a Notary Public in and for said
State,personally appeared
I
I
known to me to be the person whose name
subscribed to the within instrument and acknowledged that
executed the seine.
i
WITNESS my hand and official seal.
Signature (This Brea for official notarial seal) 1192(8/77)
I ,I
I
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
3551H/16
2
I
8508 .07
I
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 $4 ,500 ,000 ( "Promissory
Note" )
Description of Real Property ( "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 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 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
West 8 0 feet South 49 43 West 75 .50 feet South 300
15 We 4 0 , �
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 150
101 West 222 .62 feet South 8° 30 ' East 51 .00 feet South 320
0 r
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 ,
l
South 660 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 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 , 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.S. & 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
2
I
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
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
3
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.
Assessor Parcel No. : 072-350-050
072-360-030
075-350-010
081-110-030
Additional Provisions of Deed of Trust
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.
7844H/0694h
4
8508 .06-1
( EXHIBIT I-E TO PURCHASE AGREEMENT FOR EXERCISE OF OPTION)
SECURED PROMISSORY NOTE
Los Altos , California
FOR VALUE RECEIVED, on or before 1995 , 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 t e 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 shall be paid by
Maker in ten ( 10 ) equal annual installments, each in the amount
of Dollars ($ ) , and each such
installment shall additionally include an amount equal to the
accrued and unpaid interest hereunder . 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
(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.
Secured Promissory Note
Midpeninsula Regional open Space District/Husking
Page 2
( 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 , " 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 August
8 , 1985 .
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
(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 ) .
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 3
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 snall 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 . "
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
Secured Promissory Note
Midpeninsula Regional Open Space District/Hosking
Page 4
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, suca illegality or
invalidity shall not affect the balance of the terms and
provisions hereof , whicn terms and provisions snail remain
binding and enforceable .
11 . Waiver . Any waiver , express or implied, of any
breach hereof--o—r-3efault hereunder shall not be considered a
waiver of any subsequent breach or default .
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 enforceinent of such
waiver , modification or discharge is sought.
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 5
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
375 Distel Circle, Suite D-1
Los Altos, California 94022
Director
Director
Director
Director
Director
Director
Director
7776H/0692h
► [EXHIBIT I-F Tr' PURCHASE AGREEMENT FOR EXF"-ISE OF OPTION]
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(This Dead of Trust oorr—man soaleratioo cieuse)
This DEED OF TRUST,made ,between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whose address is 375 Distel Circle, Suite D-1, Los Altos California
(Number and Street) (City► (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE, and
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 trustor shall sell,convey or alienate said property,or any part thereof,or any interest therein,or shall be divested of his title or any interest
therein in any manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bane
ficiary shall have the right,at its option,except at prohibited by law,to declare any indebtedness or obligations secured hereby,irrespective of the
maturity date specified in any note evidencing the sems,immediately due and payable.
Together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Benefi-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing(1) payment of the sum of$ with interest thereon according to the terms of a promissory note or
notes of even data herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof,and(2)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Dead of Trust,and with respect to the property above described,Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A,and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all
other counties August 18,1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property
is located,noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130.31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amedor 133 438 Lien 192 367 Riverside 3778 347 Solono 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Caleveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Coiuse 323 391 Merin 1849 122 Sac Bernardino 6213 768 Sutter 655 585
Contra Cost* 4684 1 Maripose 90 453 San Francisco A4804 596 Tehame 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Naps 704 742 Santa Cruz 1638 607 Yuba 398 693
Ingo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said sub-
division A and 8, (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 Dead of Trust for all purposes as fully as if at forth at length herein,and Beneficiary may charge for a statement regarding the obligation
secured hereby,provided the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set
forth. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA 1 Signature of Trustor
COUNTY OF �a A Public District
On
before me, the undersigned, a Notary Public in and for said
State,personally appeared
known to me to be the person whoa name
subscribed to the within instrument and acknowledged that
executed the some.
WITNESS my hand and official seal.
ill
Signature (This area for official notarial seal) 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 satis actory 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
8508 .07-1
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 $
( "Promissory Note" )
Description of Real Property ( "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:
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
the center line of Bear Gulch Road, the following courses ;
South 380 15 ' West 48 . 00 feet, South 49° 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 4° 20 ' West 39 . 82 feet,
South 150 10 ' West 22 .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 730 40 ' East 26 .00 feet, North 790 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 400 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
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
2
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 .
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 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" .
Additional Provisions of Deed of Trust
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 oe 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
3
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 .
7875H/
4
8508 .07
[EXHIBIT I-G TO PURCHASE AGREEMENT FOR EXERCISE OF OPTION ]
LEASE OF BARN AREA
THIS LEASE is made and entered into as of this day
of 19_, by and between MIDPENINSULA OPEN SPACE
DISTRICT, a public district (hereinafter called "Lessor" ) , and
ALAN HOSKING and THERESA HOSKING, husband and wife (hereinafter
collectively 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 tiie
"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
agreed to lease the premises to Lessee upon the terms and
conditions set forth herein .
NOW, THEREFORE, in consideration of tne mutual covenants
and conditions hereinafter set forth , the parties agree as
follows :
Lease of Barn Area
Midpeninsula Regional Open Space District/Hosking
Page 2
1. Lease of Premises. Lessor hereby leases tne
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 own use snall be
paid for by Lessor .
2. Term and Rent. The term of t,iis -,ease shall
commence on the date hereof acid shall expire, on the first to
occur of the following: ( i ) such date , if any, as tae Lessor
elects not to retain ownership of Parcel 2 pursuant to the
terms of that certain Agreement to Purchase Real Property ( tne
"Purchase Agreement " ) between the Alan Hos,-, ing Ranch, Inc . ,
Alan Hosking and Theresa THosking (as Sellers ) and Lessor (as
Purchaser ) , pursuant to which Lessor acquired certain real
property, including the Barn Area which is tne ,subject of this
Lease; ( ii ) the date on which all Promissory Notes issued by
Lessor to Lessee in connection wit.-I the purchase of such real
property pursuant to the Purchase Agreement nave jeen paid in
Full ; or ( iii ) upon such date as this Lease is otherwise
terminated in accordance with its provisions . r1iis Lease is
iaade in consideration of the Purchase Agreement Between Lessor
and Lessee whereby the premises were acquired and no resit snall
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, ttie premises shall oe
used for the uses described hereinbelow , and for no other
Lease of Barn Area
Midpeninsula Regional Open Space District/Hocking
Page 3
,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
conflict with any law , statute, ordinance , code , or
governmental rule or regulation now in force or which may
hereafter oe promulgated. Lessee will comply with reasonable
regulations promulgated by Lessor which siiall include , among
other things: keeping the gates closed and locked, protecting
tne wildlife , controlling domestic animals , protecting natural
vegetation and the like .
4 . Ranger Residence . Pursuant to the terms of that
certain Option Agreement , dated August 15 , 1985 , between Lessor
and Lessee, by which Lessee granted Lessor the option to
acquire real property upon the terms of the Purchase Agreement ,
Lessee agreed to provide and 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 tnat
are supplied to the ranger/caretaker residential apartment,
Lease of Barn Area
Midpeninsula Regional Open Space District/Hoskiag
Page 4
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 .
5. Utilities . Lessee snall 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 snall 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 snall 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 tne premises or any part thereof ,
without the prior written consent of Lessor . Any permitted
alterations , additions or improvements shall oe done in
compliance with all applicable laws and regulations .
8. Liens . Lessee sciall keep the premises free from any
liens arising out of any work performed, materials furnished or
obligations incurred by Lessee .
Lease of Barn Area
Midpeninsula Regional open Space District/Hosking
Page 5
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
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 .
Lease of Barn Area
Midpeninsula Regional open Space District/Hosking
Page 6
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 ,
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 7
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 192 months ) , determined by
using the number of months remaining in the term in the
numerator and one hundred ninety-two ( 192 ) 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 .
12. Right of Ins 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 .
Lease of Barn Area
Midpeninsula Regional open Space District/Hosking
Page 8
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,
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
Lease of Barn Area
Midpeninsula Regional open Space District/Hosking
Page 9
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 seq. , and
any similar or successor statutes. "
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,
Lease of Barn Area
Midpeninsula Regional Open Space District/Hosking
Page 10
return receipt requested, postage prepaid, and addressed to the
party as follows:
Lessor:
Midpeninsula Regional open Space District
375 Distel Circle, Suite D-1
Los Altos , California 94022
Attn: L. Craig Britton
Lessee:
Alan and Theresa Hosking
c/o The Alan Hosking Ranch, Inc .
16060 Skyline Boulevard
Woodside, California 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
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 .
Lease of Barn Area
Midpeninsula Regional open Space District/Hosking
Page 11
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 .
(b) Each term and each provision of this Lease to
be performed by Lessee shall oe 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/Hosking
Page 12
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 Theresa Hosking also known as
Theresa Ruth Hosking )
ATTEST:
District Clerk
Date:
7764H/0692h
ti
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EXHIBIT A TO LEASE OF BARN AREA
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[EXHIBIT I-H TO PURCHASE AGREEMENT FOR EXERCISE OF OPTION]
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
375 Distel Circle, Suite D-1
Los Altos, California 94022
Attention: Mr . L. Craig Britton
GRANT DEED FOR FEE PARCELS, AND RIGHT OF FIRST REFUSAL
AND DECLARATION OF RESTRICTIONS ON
BEAR GULCH ROAD AREA
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 ( the
foregoing corporation and individuals being 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, as shown on the "Map"
attached hereto as Exhibit "A" , and legally described in
Exhibit "B" (Parcel 1 ) and in Exhibit "C" ( Parcel 2) , attached
hereto and incorporated herein 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.
NOW THEREFORE, for valuable consideration , receipt of
which is hereby acknowledged, Grantor hereby grants to District
the rights , title and interest in and to said property as
described below.
I. Grant of Fee Parcels .
Grantor hereby grants to District Gra
ntor ' s s entire
t portion of the property designated on
' n and to that or
interest i
P P P Y 9
the Map as "Parcel 1" and "Parcel 2" and legally described in
" "Parcel 1" and Exhibit "C" ( "Parcel 2" )
Exhibit B ) ,
(
vin therefrom that portion of the property
excepting and reserving p P P Y
located in Parcel 2, comprising approximately six ( 6) acres,
I
designated on the Map as the "Bear Gulch Road Area" . Parcel 1
and Parcel 2 ( exclusive of the Bear Gulch Road Area) are
sometimes collectively referred to herein as the "Fee Parcels" .
II . Right of First Refusal to Purchase Bear Gulch Road Area.
Grantor hereby grants to District a right of first
refusal to purchase the Bear Gulch Road Area on the terms and
subject to the conditions set forth below.
Before there can be a valid sale or transfer of all or
any portion of the Bear Gulch Road Area ( including, without
limitation, one or more of the subdivided homesites on the Bear
Gulch Road Area described below, but excluding a gift
conveyance to any child of Alan and Theresa Hosking, provided
that any such child shall take his interest in the Bear Gulch
Road Area subject to the District' s right of first refusal with
respect to any and all future transfers of such interest in the
Bear Gulch Road Area by such child ) , 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
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 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
2
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 If 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
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 snall give rise to the
purchase rights of District and procedures set forth in
this Paragraph II . 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 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 hold District
harmless and reimburse District for any and all
liability, losses and expenses occasioned by reason of
any and all of such claims .
3
General Restrictions on the Bear Gulch Road Area
A. The Bear Gulch Road Area shall be subject to a
Development Restriction and Design Review right by
District as follows:
1 . Except with respect to the homesites described in
Paragraph III .A. 2 below, Grantor covenants and
agrees that it shall not further divide or subdivide
the Bear Gulch Road Area or otherwise transfer or
convey (other than a transfer resulting from the
condemnation and taking of the Bear Gulch Road Area)
any portion of or interest in such property less
than the whole to one or more parties, or convey the
Bear Gulch Road Area to two or more parties, each of
whom acquires title to less than the whole of the
Bear Gulch Road Area; provided, however , that the
foregoing limitations shall not prohibit a transfer
or conveyance of the Bear Gulch Road Area, in its
entirety, or each of the homesites described in
Paragraph III A. 2, 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.
2 . Grantor agrees that it shall be limited in the
development of said Bear Gulch Road Area, subject to
a Design Review by District as further defined in
Paragraph 3 below, to the following uses only:
(a ) Subdivide the Bear Gulch Road Area for the sole
purpose of developing a maximum of three ( 3 )
homesites thereon, with approximately two (2)
acres allocated to each homesite , each such
homesite to include such ancillary improvements
and structures appropriate for the use and
benefit of each homesite ( including a garage
and paved driveway) and such roadways and
driveways as are appropriate for the
development of said homesites;
4
(b) Build fences and gates of a rustic nature and
erect signs as necessary to maintain security
of the Bear Gulch Road Area ;
( c) Construct and maintain private trails for
hiking and horseback riding within the Bear
Gulch Road Area, including both internal trails
and connecting trails with adjacent District
land ( including, without limitation, the Fee
Parcels described in Exhibits "B" and "C" ) ,
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 timber as may be rejuired for
fire prevention, or public health and safety;
(e) Plant native species of plants ;
( f ) The improvements described above and permitted
in the Bear Gulch Road Area shall, in no event,
result in the creation of a water impervious
surface area in excess of five percent ( 5% ) of
the Bear Gulch Road Area .
3 . District shall have the right of Design Review, as
herein defined, with respect to any and all
improvements proposed to be constructed on the Bear
Gulch Road Area and described in Paragraph 111 . 4. 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 the Bear Gulch Road Area, 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
5
landscaped areas , paved areas , fences ,
wells, septic systems 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
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 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
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 in this Deed shall be binding
upon Grantor , its successors and assigns , lessees ,
invitees and any and all other persons acquiring the
Bear Gulch Road Area or any portion thereof or
interest therein ( including, without limitation, any
III
6
of the three ( 3) homesites described in Paragraph
III .A. 2) , whether by operation of law or in any
other manner whatsoever . All of said grants ,
covenants , conditions and restrictions contained in
this Deed are for the benefit of ( i ) District, its
successors and assigns, ( ii ) the Fee Parcels . 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 Bear Gulch Road Area:
(a) Is a burden upon the Bear Gulch Road Area and
each portion thereof and interest therein, and
(b) Shall be binding upon each successive owner
during its ownership of the Bear Gulch Road
Area or portion thereof , and each person having
an 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 .
B. The zoning of the Bear Gulch Road Area shall be not
changed by or with the consent of the Grantor without
prior written permission of District .
C. The description of the Bear Gulch Road Area (constituting
a portion of Parcel 2 ) as shown on the Map attached
hereto as Exhibit "A" shall be an acceptable description
of the Bear Gulch Road Area until such time as a survey
and/or more accurate legal description is completed in
accordance with the following provisions . No later than
two months following the date of recordation of this
Grant Deed, Grantor , at its sole cost and expense, shall
commence a survey of the Bear Gulch Road Area for the
purpose of establishing a firm legal description of said
property (and of the remainder of Parcel 2 which
constitutes a part of the Fee Parcels ) and for the
purpose of completing the subdivision map process to
divide the Bear Gulch Road Area into three building sites
as provided in Paragraph III .A.2 hereof . Such survey
shall be completed within two years after the execution
7
of this Grant Deed. The resulting legal description will
then merge with and be incorporated into this Grant Deed,
and the resulting legal description of the Bear Gulch
Road Area shall supersede and replace the description of
the Bear Gulch Road Area shown on the Map attached hereto
as Exhibit "A" . In such case the parties hereto shall
exchange recordable deeds or execute a recordable
Certificate of Correction of Legal Descriptions, as
necessary, to substitute the more accurate legal
description of the Bear Gulch Road Area for the
description shown on Exhibit "A" .
D. In the event one or more surveys , soil testings, mappings
or engineering studies are necessary for Grantor 's use in
the preparation of maps or legal descriptions for the
Bear Gulch Road Area as provided herein or for any other
purpose, said surveys and other actions 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 .
MIDPENINSULA REGIONAL OPEN SPACE THE ALAN HOSKING RANCH, INC.
DISTRICT
ACCEPTED AND APPROVED:
By: By:
President, Board of Directors Alan Hosking, President
ALAN HOSKING
ATTEST:
THERESA HOSKING
District Clerk
Dated: Dated:
7766H/0692h
8
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 anfor saidState , 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.
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)
7766H/0692h
9
EXHIBITS TO GRANT DEED
A. Map
B. Legal Description of Parcel 1
C. Legal Description of Parcel 2
7766H/0692h
EXHIBIT A to GRANT DEED FOR FEE PARCELS,
AND RIGHT OF FIRST REFUSAL AND DECLARATION OF RESTRICTIONS
ON 3LAR GULCH ROAD AREA
-240-0f1
_ 0 9 X v.s.P_SOUZ-
1 �
2-2
AI
1 �
t GEAR GULCH ROAD AREA •il
MEN
Ti
071-300- 5a • l� .
CO INTY OFal
•
r ` ^�J XATEO i f
2_I�4�1 0 2- -C 0 23. 2,AC.
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- \ ` 2-33K-G
,lb109',ACC'.
4 ` •
2- 40 1- 0 _
T PL R
SEEM
NORTH SCALE 1" = 500' / r �1 ' ■ _
8508 .07
Exhibit B to Grant Deed for Fee Parcels,
and Right of First Refusal and Declaration of Restrictions
on Bear Gulch Road Area
LEGAL DESCRIPTION OF
PARCEL I
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 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 670 141 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 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 880 531 160 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
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 40 201 West 39 .82 feet, South 150
101 West 222 . 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 730
401 East 26 .00 feet, North 790 001 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 400 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 , 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 Westerlyalong the South line g e 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
� 9 Y �
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
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
2
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
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
3
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 .
Assessor Parcel No . : 072-350-050
072-360-030
075-350-010
081-110-030
7876H
4
8508 .12
Exhibit C to Grant Deed for Fee Parcels
and Right of First Refusal and Declaration of Restrictions
on Bear Gulch Road Area
LEGAL DESCRIPTION OF
PARCEL 2
The land 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 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 tne 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 90 281 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 0061 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 40 201 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 791 00 ' East 38 .00 feet, North 721 40 ' cast 60 . 00 feet,
South 770 20' East 34 . 50 feet, South 47 ' 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 500 30' East 71 . 00 feet ,
South 600 00 ' East 81 .00 feet, South 400 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 tae Soutneasterly
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 witnin or under that portion of the
above described land lying within Rancho Canada de Raymundo,
Plat No . 15 , as excepted and reserved in tae Deed from the
Regents of the University of California recorded January 10 ,
1947 in Book 1314 , Official Records at page 333 ( 45049-1-J) .
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 MATED 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.
2
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,
F RANCHO CANADA DE RAYMUNDO
M. D. B. & M AND A PORTION 0 , 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 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 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; tine centerline of which is
designated " C EXISTING ROADBED & PROPOSED 50' INGRESS AND
EGRESS EASEMENT FOR THE 3ENEFIT 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 , oeing more particularly
described as follows:
3
�I
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, Secion 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 tnat certain map entitled "PARCEL MAP OF
A RESU3DIVISION OF A PORTION OF SECTIONS 16, 21 & 22, T 6 S. ,
a 4 W, M. D. B. & M. , AND A PORTION OF RANCHO CANADA DE
RAYMUNDO, 3SING 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 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 0 72-32 0-280
072-320-160 072-320-210
072-320-180
072-320-190
7872H/0696h
4
[Exhibit I-I t urchase Agreement for ExE ise of Option]
PRELIMINARY TITLE REPORT
(Parcel 1)
Order No. 308036-TD
PRELIMINARY REPORT
FIRST ANERICAN TITLE INSURANCE COMPANY
555 Marshall Street
Redwood C;it CA 94064
Y•
(415) 367-9050
MID PENINSULA REGION OPEN SPACE DISTRICT
Attn : Sanely 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 issued, 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-3ns and Stipulations of said Policy forms.
The printed E�cceptions 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 from
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 July 19, 1985 at 7: 30 a.m.
RICHARD NIEMIEC _
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
page 1
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:
1. General and Special Taxes for the fiscal year 1985-86,
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 1984-1985, and subsequent
delinquencies. Amount to redeem on or before July 31 , 1985
$237.68 Tax Sale No. 6084 .
Code Area : 087-003 A.P. No. : 075-350-010
NOTE: Second Installment General and Special Taxes for the
fiscal year 1984-85 , in the amount of $190.75 delinquent
Penalty $19. 07 Costs $10.00
Code Area: 097-003 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 .
Code Area: 087-003 A.P . No. : 072-360-030
NOTE: Second Installment General and Special Taxes for the
fiscal year 1994-95 , 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: 087-003 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 $36. 12 Costs 510. 00
Code Area: OR7-003 A.P . No. : 072-350-050
i
Page 2
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
$115.06 Tax Sale No . 6219.
Code Area: 087-003 A.P. No. : 081-110-030
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 Area: 087-003 A.P. No. : OR1-110-030
3. The Lien of Supplemental Taxes assessed pursuant to Chapter
3. 5, Commencing with Section 75 of the California Revenue and
Taxation Cade.
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 , 1S63
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, 1890
Book/Reel 52 of Deeds at page/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
Order No. 309036-TD
7. AGREEMENT relative to water and water pipes as contained
in Agreement
By: Antoine Borel
and Between: Henry H. Davis
Dated: September 28, 1898
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 recor1.
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. : 45049-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 successors 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 exceptinq 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
Order No. 308036-TD
10. RIGHT OF WAY over the herein described property, as granted
in Instrument:
From: Karl L. Petterson and wife
To: Pacific Gas and Electric Company, a California
corporation
Dated: July 6, 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 2R.
Affects Parcel III .
11. RIGHT OF WAY over the herein described property, as granted
in Deed:
From: John S. Wickett, Trustee
I
To: The Pacific Telephone and Telegraph Company,
a corporation
Dated: September 25, 1957
Recorded: December 2, 1957
Document No. : 1377-Q
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 Southeast 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 ESTABLISHMENT 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:
(a ) Record of Survey filed on June 18, 1975 in Volume 8 of
Licensed Land Survey Maps at gage 20, Records of San Mateo County,
California, delineating a portion of the general Westerly
boundary.
Page 5
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.
a Affects Parcel rc 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 $1,206,000.0 0 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. : 9535 9-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 S457 ,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. : 8413134R of Official Records of San Mateo County ,
California.
15, FINANCING STATEMENT given as additional security for the
payment of the in debtedneSs secured by the Deed of Trust, shown
in Exception No. 14 above.
Debtor: Rancho Canada De verde 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 agreementsP concerns the di ersement of income from
the sale of redwood and doucglas fir timber.
SUBORDINATION AGREEMENT:
By: Big Creek Lumber Company, a corporation, The
Alan Hooking Ranch, Inc. , a California corporation,
formerly Rancho Canada de Verde, Inc.
and Between: Alan Hosking 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,
California.
Subordinates the above Aqreement 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 $16 ,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 Hosking Ranch, Inc.
and Between: Big Creek Lumber Company
Dated: October 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 .
Paste 7
Order No. 308036-TD
18. DEED OF TRUST to secure an indebtedness in the original
947 ,000.00 and an other amounts and/or obligations
f
amount oY
secured thereby,
T rustor
: Rancho Canada De Verde Inc. , a California corpor-
ation
Trustee: Western Title Insurance Company, a corporation
Beneficiary: Big Creek Lumber Company
Dated: July 29, 1982
Recorded: Augrist 11 , 1982
Document No. : 820S R354 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.
and Between: Big Creek Lumber Company
Dated: October 30, 1984
Recorded: De--ember 7, 1994
Document No. : 84131344 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.
19. DEED OF TRUST to secure an indebtedness in the original
anount of $136,000. 00 and any other amounts and/or obligations
secured thereby,
Trustor: Rarr_ho Canada De Verde, Inc. , a California corpo-
ration
Trustee: Western title Insurance Company, a corporation
Beneficiary: Big Creek Lumber Company
Dated: August 9, 1982
Recorded: Augpist 11 , 1982
Document No. : 8205 8355 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
Order No. 30R036-TD
SUBORDINATION AGREEMENT:
By: Alan Hosking Ranch, Inc.
and Between: Big Creek Lumber Company
Dated: October 30, 1994
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 TRUST to secure an indebtedness in the original
amount of $50,000 .00 and ant 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: Big Creek Llunber Company
Dated: January 28, 1983
Recorded: January 29, 1993
Document No. : 8300899 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: Big 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. 84131348 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 Hosking, and Alan Hosking
Trustee: Amtitle Company, a California corporation
Beneficiary: Big 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
Order No. 308036-TD
SUBORDINATION AGREEMENT:
By: Alan Hoskinq 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 $180, 000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Rancho Canada De Verde, Inc. , a California corpo-
ration Theresa Ruth Hoskinq, a married woman
and Alan Hoskinq, a married man
Trustee: Amtitle Company, a California cornoration
Beneficiary: Big Creek Lumber Company
Dated: February 24, 1983
Recorded: March 1, 1993
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 Hoskinq Ranch, Inc.
and Between: Big Creek Lumber Company
Dated: October 30, 1994
Recorded: December 7, 1994
Document No. : 84131347 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.
23. MEMORANDUM OF AGREEMENT, upon the terms and conditions
as contained therein
Executed by: Alan Hoskinq, Theresa Hoskinq 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
Order No. 308036-TD
SUBORDINATION AGREEMENT:
By: Big Creek Lumber Company, The Alan Hosking Ranch,
Inc. , a California corporation, formerly Rancho
Canada de Verde, Inc.
and Between: Alan Hosking and Theresa R. Hosking, husband
and wife
Dated: August 10, 1984
Recorded: December 7 1984
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 Hosking Ranch Inc.,
( formerly Rancho Canada de Verde, Inc. ) , Timber Owner, and between
Big Creek Lumber Compnay, Timber Operator, record December 7,
1984 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 Hosking, Theresa Hosking
(also known as Theresa Ruth Hosking ) and The Alan Hosking 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.
26. EFFECT OF that certain Grant Peed from Alan hoskinq, Theresa
Hosking (also known as Theresa Ruth Hoskinq) and The Alan Hosking
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 to 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 Hosking, Theresa Hosking (also Known as
Theresa Roth Hosking ) and The Alan Hosking Ranch,
Inc. , a California corporation formerly known
as Rancho Canada de Verde, Inc. a California
corporation
Dated: November 29, 1984
Recorded: December 7, 1944
Document No. : 84131357 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 16060 Skyline Blvd. , Woodside, CA 94062
Loan No. - Not shown
i
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 an 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 .49 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' 200) from a concrete
monument marking the end of a curve point in said right of way
line opposite Em ineers Centerline Station "A" 47 2+72 P.O.T. of
said Highway (the bearing of said centerline at said Station
being North 67° 14' 37" West) ; thence from said point of begin-
ning and leaving said Southwesterly right of way line of Skyline
Boulevard North 9 8° 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
89° 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 cen-
terline of Bear Gulch Road (County Road No . 48) ; thence leaving
said section line along the centerline of Bear Gulch Road the
following coursers South 390 15' West 48. 00 feet, South 49°
43' West 75.50 feet, South 309 50' West 55.00 feet, South 120
15' West 58.00 feet, South 6° 00' East 256.00 feet, South 4°
20 ' West 39. 82 feet, South 159 10' West 222.62 feet, South 8°
30' East 51,00 feet, South 320 30' East 42.00 feet, South 570
504 East 103.50 feet, South 790 00' East 38.00 feet, North 72°
40' East 60.00 feet, South 770 20' East 34. 50 feet, South 470
004 East 47.00 feet, South 730 40' East 26,00 feet, North 79*
004 East 55.00 feet, South 660 55' East 36.64 feet, South 500
Page 13
Order No. 308036-TD
30' East 71.00 feet, South 600 00' East 81.00 feet, South 40*
354 East 36.00 feet. South 19iO 001 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 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 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 li
ne of the lands described in the Deed from G. A.
Davis, et uu, 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 K�stba de 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-S ) , Records of San Mateo County,
California ; thence aloncf 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; theme 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 South-
easterly direction to the point of beginning.
page 14
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, of the Northeasterly line of said
a lies Northeasterly
dian, th t Y
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 IrdEREFROM that portion thereof lying Westerly
of the centerline of Star Hill Road and Southerly of the center-
line 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 Meri-
dian, 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 alonq the Westerly boundary
line thereof 1800 feet, more or less, 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 I; thence Southerly along said Easterly boundary
page 15
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 I= thence
Westerly along said prolongation and said Southerly boundary
line, 1650 feet, more or less, to the point of beginning.
ALSO EXCEPTING THEREFORM so much of said property as lies Northerly
of the Northerly line of Sections 20 & 21 in 1'ownshiA 6 South,
Range 4 West Mount Diablo Base & Meridian .
A.a, 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
page 16
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+ [Exhibit I-J to - irchase Agreement for Exei se of Option]
ONE L_ TWO PRELIMINARY TITLE REPORTS
(Parcel 2)
Order No. 308034-TD
PRELIMINARY REPORT
FIRST AMERICAN TITLE INSURANCE COMPANY
555 Marshall Street
Redwood City, CA 94064
(415) 367-9050
MID PENINSULA REGIONAL OPEN SPACE DISTRICT
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
e r ferenced 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, 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, 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 from
the office which issued this report.
This report (and any supplements 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 requested. insurance, a Binder or Commitment should be
I
Dated as of July 19, 1985 at 7:30 a.m.
RICHARD NIEMIEC
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
Page 1
1
Order No. 308034-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 eyclusions contained in said policy form
would be as follows :
1. General and Special Taxes for the fiscal year 1985-86,
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 1984-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$59.24 Tax Sale No. 5924.
Code Area: 055-004 A.P. No. : 072-320-210
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
$528.29 Tax Sale No . 5926.
Code Area: 087-003 A.P. No. : 072-320-260
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
$295.76 Tax Sale No. 5917.
Code Area : 087-004 A.P. No. : 072-320-020
Sale to the State of California for nonpayment of General
and Special Taxe4 for the fiscal year 1984-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$214.51 Tax Sale No. 5920.
Code Area: 055-004 A.P. No. : 072-320-160
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
$599. 13 Tax Sale No. 5921 .
Code Area: 055-011 A.P. No . : 072-320-180
Sale to the State of California for nonpayment of General
and Special Taxes for the fiscal year 1994-1985, and subsequent
delinquencies. Amount to redeem on or before July 31, 1985
$86. 51 Tax Sale No. 5922.
Code Area : 055-004 A.P. No. : _072-320-190
Page 2
Order No. 308034-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 July 31, 1985
$98.07 Tax Sale No. 5923.
Code Area: 055-011 A.P. No. : ..07 2-320-200
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
$242.11 Tax Sale No. 5925.
Code Area: 087-003 A.P. No. : 072-320-250
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
$137. 47 Tax Sale No . 5918.
Code Area: 087-003 A.P. No. : 072-320-060
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
$128. 98 Tax Sale No. 5919.
Code Area: 087-003 A.P. No. : .072-320-110
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
$101.37 Tax Sale No. 5933.
Code Area: 087-003 A.P. No. : 07 2-350-070
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
$228.00 Tax Sale No. 5931 .
Code Area: 087-003 A.F. No. : 072-350-030
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
$177.65 Tax Sale No. 5930.
Code Area: 087-003 A.P. No. : 072-350-020
Page 3
Order No. 308034-TD
3. The Lien 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-
ation
Dated: October 1, 1863
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 reserved
in Deed:
From: G. H . Rice
To: John Solari
Dated: October 23, 1893
Recorded: October 23, 1883
Book/Reel 36 of Deeds at page/image 318, Records of San Mateo
County, California.
Reserves Right of Way 30 feet wide over portion of Lot
1, Arata Ranch and portion of Canada Raymundo Rancho.
The exact location of said Right of Way is not disclosed
of record.
Affects Parcels I & I I.
7. 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, 1890
Book/Reel 52 of Deeds at page/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.
The interest of Creed Haymond in the above riqht of way
passes to Henry H. Davis, by Agreement set forth in Exception
8 herein.
Page 4
Order No. 308034-TD
S. AGREEMENT relative to water and water pipes as contained
in Agreement
By: Antoine Borel
and Between: Henry H. Davis
Dated: September 28, 1898
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.
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 page/image 289, Records
of San Mateo County , 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 granted
in Deed:
From: Rancho Canada de Verde, Inc. , a California corpo-
ration
To: The Pacific Telephone and Telegraph Company,
its successors and assigns
Dated: October 7, 1974
Recorded: November 4, 1974
Document No. : 98114-AH
Book/Reel 6731 of Official Records at page/imaqe 313, Records
of San Mateo County, California.
Grants Right of Way for underground 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. B. & M. , lying within the confines
of County Road No. 48-B, 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 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.
Page 5
Order No. 308034-TD
12. 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, 1981
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
NOTICE OF RESTRUCTURING OF LOAN securing payment of an
additional $457,053 .58
Executed by: The Alan Hosking Ranch, Inc. , a California corpora-
tion , 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.
Covers property under search and other property.
13. FINANCING STATEMENT given as additional security for the
payment of the indebtedness secured by the Deed of Trust, shown
in Exception No. 19 above.
i
Debtor: Rancho Canada De verde Inc. , a California corpora-
tion
Secured Party: Federal Land Bank of Sacramento
Recorded: October 9, 1981
Document No. : 95363-AS of Official Records of San Mateo County,
California.
Covers property under search and other property.
14. 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 douglas fir timber.
Covers property under search and other property.
Page 6
Order No. 308034-TD
SUBORDINATION AGREEMENT:
By: Big Creek Lumber Company, a corporation, The
Alan Hoskinq Ranch, Inc. , a California corporation,
C a Verde
formerlyRancho an , Inc.
Canada de
and Between: Alan Hoskinq and Theresa R. Hoskinq, 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 finder Document No. 84131348 of Official 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: Rancho Canada De Verde, Inc. , a California corpo-
ration
Trustee: Western Title Insurance Company, a corporation
Beneficiary: Big Creek Lumber Company
Dated: July 29, 1982
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 of property under search and other property.
SUBORDINATION AGREEMENT:
By: Alan Hoskinq Ranch, Inc.
and Between: Big Creek Lumber Company
Dated: October 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 .
Covers property under search and other property.
I
Page 7
I i
Order No. 308034-TD
16. DEED OF TRUST to secure an indebtedness in the original
amount of 047,000.00 and any other amounts and/or obligations
secured thereby,
corpor-
ation
Trustor; Rancho Canada De Verde Inc. , a California
Trustee: Western 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 H osking Ranch , Inc.
and Between: Big Creek Lumber Company
Dated: October 30, 1984
Recorded: December 7, 1984
Document No. : 84131344 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 .
17. DEED OF TRUST to secure an indebtedness in the original
amount of $136,00 0.00 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: Aucpist 9, 1982
Recorded: August 11, 1982
Document No. : 82058355 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 Hosking Ranch, Inc.
and Between: Big 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.
Page 8
Order No. 309034-TD
18. DEED OF TRUST to secure an indebtedness in the original
amount of $50,000.00 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: Big Creek Lumber Company
Dated: January 28, 1983
Recorded: January 28, 1983
Document No. : 8300898 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway 1, Davenport, CA 95017
Loan No. - Not shown
Covers property under search and other property.
SUBORDINATION AGREEMENT:
By: Alan Hoskinq Ranch, Inc.
and Between: Big 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. 84131348 of Official
Records of San Mateo County, California.
19. 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 Hoskinq, and Alan Hosking
Trustee: Amtitle Company, a California corporation
Beneficiary: Big 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
Covers property under search and other property.
SUBORDINATION AGREEMENT:
By: Alan Hoskinq Ranch Inc.
and Between: Big Creek Lumber Company
Dated: October 30, 1984
Recorded: December 7 , 1984
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.
Page 9
Order No. 308034-TD
20. DEED OF TRUST to secure an indebtedness in the original
amount of s180,000.00 and any other amounts and/or obligations
secured thereby,
Trustor: Rancho Canada De Verde, Inc. , a California corpo-
ration Theresa Ruth Hosking, a married woman
and Alan Hosking, a married man
Trustee: Amtitle Company, a California corporation
Beneficiary: Big Creek Lumber Company
Dated: February 24, 1983
Recorded: March 1, 1983
Document No. : 83018918 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 3564 Highway One, Davenport, CA 95017
Loan No. - 81162
Covers property under search and other property.
SUBORDINATION AGREEMENT:
By: Alan Hosking Ranch, Inc.
and Between: Big Creek Lumber Company
Dated: October 30, 1984
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.
21. MEMORANDUM OF AGREEMENT, upon the terms and conditions
as contained therein
Executed by: Alan Hosking, Theresa Hosking and Rancho Canada
De Verde
and Between: Big Creek Lumber Company
Dated: February 10, 1983
Recorded: June 17, 1983
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 Hoskinq Ranch, Inc. , a California corporation,
formerly Rancho Canada de Verde, Inc.
and Between: Alan Hosking and Theresa R. Hosking, husband
and wife
Dated: August 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. 84131348 of Official Records of
San Mateo County, California.
Covers property under search and other property.
Page 10
Order No. 308034-TD
22. 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 Hosking Ranch Inc.,
(formerly Rancho Canada de Verde, Inc. ) , Timber Owner, and between
Big Creek Lumber Company, Timber Operator, recorded December
7 1984 as Document No. 84131349 of Official Records of San
Mateo County, California.
Covers property under search and other property.
23. TERMS AND CONDITIONS of that certain unrecorded Purchase
Agreement between q rantor and grantee dated November 13, 1984
as diclosed by Grant Deed from Alan Hoskinq, Theresa Hosking
(also known as Theresa Ruth Hosking) and The Alan Hosking 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.
Covers property under search and other property.
24. EFFECT OF that certain Grant Deed from Alan Hosking, Theresa
Hosking (also known as Theresa Ruth Hosking) and The Alan Hosking
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 of trees for harvest,
and scaling method for purposes of this Deed as well as the
determination of the Timber to 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."
Covers property under search and other property.
Page 11
Order No. 308034-TD
25. DEED OF TRUST securing performance of the unrecorded Purchase
Agreement referred to in Exception No. 24 above
Trustor: Big Creek Lumber Company, a California corporation
Trustee: First American Title Insurance Company, a California
corporation
Beneficiary: Alan Hosking, Theresa Hosking (also known as
Theresa Ruth Hosking) and The Alan Hosking Ranch,
Inc. , a California corporation formerly known
as Rancho Canada de Verde, Inc. , a California
corporation
Dated: November 29, 1984
Recorded: December 7 , 1984
Document No. : 84131357 of Official Records of San Mateo County,
California.
Beneficiary' s Address - 16060 Skyline Blvd. , Woodside, CA 94062
Loan No. - not shown
Covers property under search and other property.
Page 12
DESCRIPTION Order No. 308034-TD
The land herein referred to is situated
in the State of California, County of San
Mateo, and is described as follows:
PARCEL Y:
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 "SKY-
LINE 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 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" 28 ' 20", an arc distance of 107. 46 feet ; thence
leaving said Southwesterly right of way line of Skyline Boule-
vard, North 880 534 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 1" 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 88* 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 the center line of Bear Gulch
Road, the following courses; South 38" 15' West 48.00 feet,
South 490 43' West 75.50 feet, South 300 504 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 150 104 West 22.62 feet,
South 80 304 East 51.00 feet, South 320 30' East 42.00 feet,
South 570 504 East 103.50 feet, South 790 00 ' East 38.00 feet,
North 720 40' East 60.00 feet, South 770 204 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 660 554 East 36.64 feet,
South 50'0 30' East 71 .00 feet, South 600 00' East 81 .00 feet,
South 40* 354 East 36.00 feet, South 190 00' East 98.00 feet,
South 45" 00' Fast 48.30 feet and South 67" 304 East 30 feet,
more or less, to the Easterly line of Section 28; thence along
said Easterly li^ �- -f 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 North-
easterly corner of the Southeasterly quarter of said Section
Page 13
Order No. 309034-TD
21 ; thence Easterly, along 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 Boulevard, to the point of
beginning.
EXCEPTING THEREFROM a portion of Section 28, Township 6 South,
Range 4 West, Mount Diablo Base and Meridian, descibed 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 char-
acter 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 OFFI-
CIAL 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 RE-
SUBDIVISION 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.
Page 14
Order No. 308034-TD
PARCEL It:
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 509 INGRESS AND EGRESS EASEMENT
FOR THE BENEFIT OF PARCEL L" .
Said Easement to be appurtenant to all and/or any portions of
Parcel L as said Parcel is shown on the above mentioned map.
A.P. No. : 072-350-020' JPN 072 032 320 02 A
072-350-030' 072 032 320 10.02 A
072-350-070 • 072 032 320 09 A
072-320-020• 072 032 320 10 A
072-320-160. 072 032 320 03 A
07 2-320-180• 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
072-320-110• 072 023 231 02 A
07 2-3 20-210 • 072 023 231 03 A
072 023 231 04 A
072 023 231 05,01 A
ORDER DATE: July 29, 1985
S.T.R. DATE: December 7, 1984
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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. Any law,Ordinance or oovernmentalregutation(incbydmgbu!Mott,'"ned to building andzoningordinonres)nstriclii g or regulating or Ofchibitir,g the occuD n useor
*n)Oyment o!the Ian(,Or regulating the chat,y-,*r,dimensions Or IOCabGn of any improvement now or hereafter e'ectetl on is lend,o-pron�trtmp a separation�n
Ownership or•reduction In the dimensions Or a'ea o!the und,Or the that!of any vioiation of any such few ordinance of governmental regulation
2. Rights Of eminent domain of governmental rights Of Pf"'I"power unless notice Of the exafCise of Ruch fights rppearS In the public records at Date of PGr_v
3 D*fects Sian&encumbrances.adve•se-+ im a r
&O dM*r m-nets Created,
• c ea ea rr r( I Su ee r Rsum r
and not Shown by the Public records but km own r Of O he agreed to by the Insured chat an (bl not i n e rn t h o t.,th*ina��retl c'S�mant either Si Dot*of Polio Or a'th IOt ei..dmpany
logiguPolicy ors it y c�atewchc•fmnta uestate
Y oou ildtn insured c u edam e gi notoss a dom'&Q OtdisclosedrnwntingbyMe na.iredWaiman!tC the Com an O orinterelnnsureabythis
nsured
Oldhar m9cityr, to) re stating'"liobssotdsmagatothe rtothe ctl mart, (d; attacinngoreree!udaubs,,C_rentptoDataof policy(except ig Duch a M'extent suranaimant censatto d•
edharshastoanyalicy). rylienfortaborormal.riNortotheextent insurance isaffordedhe rein astoasseoamentsforstrastImpfG-*memts under construction or:Onr
Dieytl of Date of Policy),
4. Un@MOrceabdtty,Of the lien of the inr-red mortgage bemuse of failure o.the insured at Date Of Policy of of any subsequent owner of the Indebteor,*s to compty wth
&POlicat.le-doing business"laws of the state on which the land is situates
b. AMERICAN LAND TITLE ASSOCIATION OVIINERS POLICY FORMS- 1970(AMENDED 10-17.70)
WITH REGIONAL EXCEPTIONS
SCHEDU'-E OF EXCLUSIONS FROM COVERAGE
1. AnY'Sw ordinance orgove.-m*nta,reoufation(inclutlrris but notiimited to building and zoning ordinancesi restrictsng or rfaguletir•g Of p•OhiDiimgthe Occupancy.use Or*ni0yment
dimeland,OrtegulattmgtheCharsct*f,dimension$Or'OcatiCrtd'• ymprcvemintnowornereutersscredc tha'r dawohbit,gas6:.sretmgthgwner&hncy,ubo romjofnthe
difm*naiORS Of area of the land.Or the effect Of emir violation Of any such law,ordmance or governmental regvi&tion.
2. Rights of eminent domain or governmentat rights of police power unless notice of INS exe
3. Detect&Ilems,encumbranc*s.adverse of
Ciao of such r1ghU•pp*r rs in the public records at Date Of Policy.
aims.Of other ma:'arz (a) created suherel,assumed oragreed to by it a❑Uured claimant. (b) mOtknOwmtOthe COmpanyemdnotshown
by the public records but known to the ineuredciaimeniSitheratOSt@nfPOI�CYO a!thedot*suchciatmY.;sequ'rodsnestateorvit4feslbythis:rO'izYandnrldisUCsedinwrrtmgby
tneisuredCisomartto the CcTpanypnorto the oefe such Insured_i&^rentbecamesn insured heroumder, iU •eswting,nnolossCrdamegetotheinsurecicisimo,nt (d) &ttach-
insorcrossed s policguemt to pelt of PpiiY Or p1 resulting in WSS Or d.'"age which would not nave been suataln*tl Attie insured claimant had paid value for the as tat*or merest
insured try this poNCy. '',....
SCHEDULES
This policy does not insure against toes Of damage by reason Of the manes shown m parts one and two following
Part One:
1. Taxes o'assessments which are not Shown as existing hens by the records of any taxing authority that levres taxes or 44eaime nta On reel prpuerty of by theDubiic
records
2. Any facts,night&interests,or claima which are not Mown by the Dubl,c records but which could be ascertained by an"nspOri of said land Or by making inquiry of persons n
possession liereof.
3. Easements claim&of easement or encumbrances which&te not arOdom by the public recorda
4. Discrepancies,conflicts in boundary lines,shortage In•rea,encroachments,or any other facts which a coned survey would disclose,and which are not shOwn by
public record&
3. Unpat*nted mining claims,reservations or exceptions in patents or in Acts suthonzieg the issuance thereof,water rights claims or title to wafer
fS. Any lien,or right to a lien,for services.labor of matenai het*!dfore or heroafter furnished,imposed by law and not shown by the Public record&
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE(AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy.
t. Anylaw,ordinance orgov*rcm*ntarregulation(including but not limited tobulding and zon,ngordimances)restricting of landorregulatingthedUroCt Or regulating Or prohibiting the OCCupanCy,use Or eninyr'en!
dime dimensions OfiocstlonOfanyimprovementnoworhereanererecte e
dontheland,orprom,Ott,rigaseparationinOwn*rtn,por +oduCtio"iintre
naione or arts Of the land,Or the effect Of any violation Of any such law,ordinance or governmental regulation
2. Rights of*mime domain or governmental rights of Police power unless notice of the exercise of such rights appears in the public reco,os at Date of Policy
3. Def*ct&liana.encumbrono*&a aware*cis I ma,Or of her m&hems (a) createdeuffersO.,seam*doragrsedtOSytheinsuredciatment, (bi not known loth*Company and not lr,pwn
by the public records but known to the insured claimant efthe•St Date Of Policy of It the date such cle-mant acqu-red on eatate or inlerest insured by this poh,y of scqu red t^e
insur*dmongagean9notdisclossdinwritingbythe;nsured claimant totne Cur-iDanypriortothe date sucninsureduaimanobecame&-insUredherounder, (U resulting mn�,loss
Or damage to the insured claimant; (d) attaching of created subsequent to Date of Policy i*xcept to the @•tent insurance is atf:,rted herein as to any statutory lien for Istwr,r
A.
mat*ti&f Of to In*extent insurance is afforded nsrein AS to assessments for&tree!improvements under construction or comp;etea at Uate of Policy)
Unenforceability of the lion Ofthe insured mortgagebecause Offadursuf thetneuredet Defe o1 PO4cy orohny subsequent owner of the indebtedness tocomply wirh appiicable"do
into business"laws of the&tat*in which the land IS&fueled
SCHEDULE S
This policy does not insure against toss of damag*by reason of the matters ar.own in parts one and two following.
Pan One:
1. Taxes Or auessments which are not shown as existing Items by the records of any taxing authority,that ie.ies taxes or assessments on real property or by the public•*cord&
2. Anyfacts,rights interests,or claims which are not shown by the public Words but which could too ascertained by an inspection of said sand or by making inquiry of persons it l 7sae1
lion thereof.
3. Easements,clams of esssment or encumbrances which art,not shown by the public record&
4. Discrepancies,conflicts in boundary lines.Shortage in Srea,enCroachm.ynta,or any other facia which a co,rect survey would dfacbse,and which re not shown by public
records
5, Unpatent id mining claima,reservations or exceptions im patent&of i6 Acts authonzing the sSuance thereof, sat*r rights,clowns or title to water
tS. Arty lien or right to a hen,for a*m c*s,labor or material therstofor*Or harem*r furnished Imposed by law and not shown by the public records.
8508 . 12
[EXHIBIT I-K TO PURCHASE AGREEMENT TO EXERCISE OPTION]
Recorded at the request of:
Mid peninsula Regional open Space District
375 Distel Circle, Suite D-1
Los Altos , California 94022
Attn: Mr . L. Craig Britton
GRANT OF EASEMENT FOR OPEN SPACE
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
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 shall 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 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 in total
area, with approximately five ( 5 ) acres
allocated to each homesite;
2
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.
C. Use or authorize others to use the Subject
Property or any portion thereof as a parking
lot, storage area or dump site or otherwise
3
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
community property. As used herein "party"
means and includes any person, corporation,
partnership or other legal entity capable of
holding title to real property.
4
•
•
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 .
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.
5
M. Excavate or change the topography of the
Subject Property except as allowed and approved
in accordance with the terms and conditions
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 shall 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 .
6
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 .
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 .
6 . 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 .
7 . 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.
8 . 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
7
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
Los Altos, CA 94022
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.
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
8
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 ALAN HOSKING RANCH, INC.
DISTRICT
ACCEPTED AND APPROVED: By:
Alan Hosking, President
By:
President, Board of Directors ALAN HOSKING
ATTEST:
THERESA HOSKING
District Clerk
Dated: Dated:
7858H/0694h
9
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 type 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 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 within the instrument , and acknowledged that they
executed it .
WITNESS my hand and official seal .
Signature:
Name ( typed or printed
I
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 type or printed
7858H/0694h
i
10
r
LIST OF EXHIBITS
I . Map
II . Legal Description of the Subject Property
III . Legal Description of District 's Property
7858Hj0694h
11
I
Exhibit I to Grant of Open Space Easement
THE MAP
� N
0
� o
L I FOp
n in
t
VP tic fl
J
'2C)00
.- VE P !
1
y
I
C q PUBLIC TRAIL EASEMENT
(90 ' WIDE)
PUBLIC ACCESS EASEMENT
1�� ( (60 ' WIDE)
DEVELOPMENT ENVELOPE ,
r (APPROX. 25 ACRES),
�� O NOK fH SCALE P = 5U '
8508 . 12 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 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 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.
•
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 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
067-340-040
067-340-060
067-340-090
7877H/0696h
2
8508 . 07-2
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 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 37m West ) ; thence from said point
of oeginning and leaving said Southwesterly right of way line
of Skyline Boulevard North 880 531 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 Nor til 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 I 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.
8508 .06
Exhibit "III" To Grant 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 .
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
067-410-130
067-340-050
7837H/0694h
I
8508 .12
WHEN RECORDED RETURN TO:
Midpeninsula Regional Open
Space District
375 Distel Circle, Suite D-1
Los Altos , California 94022
ATTENTION : L. Craig Britton
MEMORANDUM OF OPTION
THIS MEMORANDUM OF OPTION is dated this 15th day of
August, 1985 , and is notice to all concerned that an Option
Agreement was entered into by and between Midpeninsula Regional
Open Space District ( "Optionee" ) , and The Alan Hosking Ranch ,
Inc . , Alan Hosking and Theresa Hosking ( collectively,
"Optionor" ) , on the 15th day of August, 1485 , 4nerein Optionor
granted to Optionee the exclusive right to purchase that
certain real property owned by Optionor as described in
Exhibit A attached hereto and made a part hereof by this
reference .
The term of said Option is from the date hereof to and
including August 15 , 1989 .
IN WITNESS WHEREOF, the parties have caused this
Memorandum of Option to oe executed as of the date first above
written .
OPTIONEE OPTIONOR
MIDPENINSULA REGIONAL OPEN THE ALAN HOSKING RANCH, INC.
SPACE DISTRICT, a Public (formerly known as RANCHO
District CANADA DE VERDE, INC. , a
Califor A corporation )
By
Alan Hosking , President
APPROVED AND ACCEPTED :
President, Board of Directors Alan Flosking
ATTEST:
44 �.
District Clerk heres Ho-ic ng also Known a
Theresa Ru n FTosking)
By David W. Lively,
Her Attorney-in-Fact
Date: Date:
7759H/0692h
State of California )
ss .
County of Santa Clara )
i
Cnr((',tC�ST / /9.f`� 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 oe the President of the corporation that executed
the within instrument and acknowledged that said corporation
executed the same .
WITNESS my hand d official seal .
Signature: l is .
J
�\ 1
Name Ityped or printed)
OFFICIAL SEAL
LINDA DE PEW
NOTARY PUBLIC-CALIFORNIA
'1�?. '� • SANTA CLARA COUNTY
^^ My comm. expires OCT 3, 1988
State of California )
ss .
County of Santa Clara )
On �t(�����- / /±I before me, the undersigned, a Notary
Pubtic in and for said State , personally appeared Alan Hosking ,
known to me or proved to me on the oasis of satisfactory
evidence to be the person whose name is subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand a d official seal .
Signature:
_(c
9
Name ( typed or pr inted)
M1 OFFICIAL SEAL
LINDA DE PEW
a ^' NOTARY PUBLIC - CALIFORNIA
. �,% • SANTA CLARA COUNTY
My comm. expires OCT 3, 1988
State of California )
) ss .
County of Santa Clara )
On (C. . 7 .' /l/ ,t, before me, the undersigned, a Notary
Pub is in and for said State , personally appeared David W.
Lively, known to me or proved to me on the basis of
satisfactory evidence to oe the person whose name is
subscribed to the within instrument, and acknowledged that lie
executed it as attorney-in-fact for Theresa Hosking ( also known
as Theresa Ruth Hosking) .
WITNESS my hand a d official seal .
1,
Signature: L
Name ttyped or printed)
7%,- NMY
OFFICIAL SEAL
LINDA DE PEW
ARY PUBLIC-CALIFORNIA
SANTA CLARA COUNTY
comm. expires OCT 3, 1988
2
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
satin actory evidence to be President of the Board of Directors
of the Public District that executed the within instrument, and
Known to me to oe the person wno executed the same on behalf of
said District , and acknowledged to me that 3ucfi District
executed the same pursuant to resolution .
WITNESS my hand and official seal .
Signature
77591i/0692h
3
-- ------- ---
EXHIBIT A '20 MEMORANDUM OF OPTION
LEGAL DESCRIPTION OF PROPERTY
The land herein referred to is situated in the State of
California, County of San Mateo, and is described as follows:
" PARCEL 1 "
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 Nortneast and having a
radius of 650. 00 feet and a central angle of 9* 281 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 67* 14 ' 37" West ) ; thence from said
point of beginning and leaving said southwesterly right of way
line of Skyline Boulevard North 38' 53 ' 16" West 1397 .17 feet ;
thence Soatri 290 361 50" West 7223 .66 feet to a point on the
tiortherly line of San Gregorio Rancho; thence along said
CIortrierly line south 89 * 23' 16" East 4269 .99 feet to the
Northeasterly corner of said Rancho; thence along the Easterly
line of said Rancho; soutn 11 06' 44" West 121 . 43 feet to the
Southerly line of said Section 21; taence along said Southerly
line South 880 53 ' 16" East 3154 . 62 feet to a point on said
line which is distant Nortn 83* 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) ; ti-ience leaving said section line along the
centerline of Bear Gulch Road the following courses ; Soutn 380
15 ' west 48 . 00 feet, South 491 43 ' West 75 . 50 feet, South 3JO
501 West 55 .00 feet, South 120 15 ' West 58 .00 feet, South 60
4
00 ' East 256 .00 feet, South 40 20' West 39 .82 feet, South 150
10 ' West 222 . 12 feet, South 80 30' East 11 . 00 feet, South 120
30' Fast 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 500 30' East 71 .00 feet, Soutn 600
00' East 31 . 00 feet, South 400 35' East 36 . 00 feet, Soutn 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 23 , Township 6 South , Range 4 ;,lest, Mount Diablo Base
and Meridian , at a point on said line wiiicn is Southerly 1123
feet, more or less , from the Nortneasterly corner of said
Section 28; thence Southerly along said Easterly line of
Section 28 to the Southeast corner of the Nortneast �juarter of
last said Section; thence Westerly along the South line of said
Northeast juartar to a point on the 'boundary line of the lands
described in tree Deed from G. A. Davis , at ux , to Charles J.
Kostoade and Dorothy Kostoade , recorded March 17 , 1953 in
Hook 2382 of Official Records at page 729 ( File No . 66957-K) ,
Records of San Mateo County, California; ttaence Northerly and
Uesterly 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, at al , to Skyline
Tree Farm, Inc . , rated 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 ; tizence along the Southeasterly line
of said Parcel Two, Southwesterly to the Soutn corner thereof ;
thence along the Westerly line of said Parcel Two in a general
:i
Nortnerly direction to tlie Northwest corner of said Parcel Two
on the North line of San Giregorio 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 tne
North and South quarter section line to the Nortawest corner of
the South half of said Soutneast quarter of Section 24; thence
Easterly along the Northerly line of said South half of tiie
Southeast quarter of Section 24 to the 'East line of said
Section; thence Northerly along the Ea-it line of said Section
24 to the Southwest corner of Section 18 , rowns3ip 6 South ,
Range 4 West, M. D. B. & M. ; thence Easterly Along tae South line
of said Section 13 and along the Sout'i line of Section 17 , to
the South quarter corner of said Section 17 ; tneace Northerly
along tree North and South quarter Section line of said
Section 17 to the Northwest corner of the Soath half of the
Southeast quarter of said Section 17; thence Easterly along the
North line of said South half of the Soat;iea3t �juarter of
Section 17 to the East line of said Section; taence Northerly
along said Ea3t line of Section 17 to tiie intersection thereof
with said Southwesterly line of Skyline Boulevard; tiience Along
said Southwesterly line of Skyline Boulevard in a general
Southeasterly direction to the point of oeyinning.
ALSO INCLUDING THEREIN all that portion of Lit L of Section 16 ,
Township 6 South , Range 4 West, Mount Diablo Base and MerLdian ,
tnit lies Northeasterly of the Northeasterly line of said
Skyline Boulevard.
ALSO EXCEPTING THEREFROM that certain parcel of Land conveyed
by Jonn S. Wickett at al , to Pacific Telephone and Teleyraplli
Co. , a corporation , by Deed recorded May 23, 1960 in Book 3793
6
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 ooundary 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 ooundary line , 948 feet , more or less , to
the Northerly corner of said Lot II, thence Southeasterly along
the Easterly ooundary 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 .
7
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 .
Assessor Parcel No . : 072-350-050
072-360-030
075-350-010
081-110-030
PARCEL 2"
Parcel I
Portions of Sections 16 , 20 , 21, 22 and 28 , Township 6 South ,
Range 4 West, At. Diablo Base and Heredian and a portion of
Rancho Canada de Raymundo , being inore 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 oears North 671 14 ' 37" West
along the arc of a curve to the right , having a radius of 650
feet and a central angle of 91 281 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 891 231 16" Fast 4269 .99 feet to the
Nortneast,--rly corner of said Rancho; thence along the Easterly
line of said Rancho, South 10 061 44" West 121 . 43 feet to the
8
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 88* 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 491 431 West 75 . 50 feet,
South 300 501 West 55 .00 feet, South 12* 151 West 58 .00 feet,
South 60 001 East 256 . 00 feet, South 40 201 West 39 . 82 feet ,
South 150 101 vest 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 77 * 201 East 34. 50 feet, South 470 001 East 47 . 00 feet ,
South 730 401 East 26 .00 feet, North 790 001 East 55 .00 feet,
South 660 551 East 36 . 64 feet, South 501 301 East 71 . 00 feet ,
South 600 001 East 31.00 feet, South 400 351 East 36 .00 feet,
South 190 001 East 98 . 00 feet, South 450 00' 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 , Nortnerly 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; tnence 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
oeginning.
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.
9
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,
-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 RESU3DIVISION
OF THE SOUTHEASTERLY 1/4 of SEC. 21, TOWNSHIP 65 , R. 4W. ,
M. D. B. & M. BEING A PORTION OF fHE LA14D 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 14AP OF A
'IESUBDIVISION OF A PORTION OF SECTIONS 16 , 21, & 22 T6S, R. 4W,
M. D. B. & M. , AND A PORTIO0 OF RANCHO CANADA DE RAYMUNDO, 3-SI_`IG
A PORTION OF THE LAND DESC-R13ED IN VOL. 6582 OFFICIAL RECORDS,
PAGE 647 , SAN MATEO COUNTY, CAIjIFORNIA" , which Parcel Map was
10
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 II
A NON-EXCLUSIVE EASEMENT for ingress and egress over portion of
Parcel "Mw as snown on tnat certain map entitled, PARCEL MAP OF
A RESUBDIVISION OF THE S. S. 1/4 of SEC. 21 T. 6 . S. , R. 44.
M. D. B. & M. , BEING A PORTION OF THE LANDS Of:-,SCRI3ED IN VOL.
6582 OFFICIAL RECORDS AT PAGE 647 SAN 14A,r_-,o 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 tnat portion
of said Parcel "14" lying within the 50 foot roid shown on the
above mentioned Parcel Map ; the centerline of which is
designated " C EXISTING 'ROADBED & PROPOSED 501 1114(31,?E3S AND
EGRESS EASEMENT FOR THE 3ENEFIT OF PARCEL
Parcel III
PARCEL 1 as shown on that certain map entitled " PARCEL MAP OF A
RESUBDIVISION OF PARCEL "14" AS SHOWN ON 40 , PARCH',L AAPS
PAGE 43, AND DESCRIBED IN 7714 O.R. 1495 , SAN AAf-"O COUNTY,
CALIFORNIA, " filed in the office of the County 'R_,cordec 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 a,)ove desccij�]
land, as reserved in tne Deed from Adam Bia�ichi & 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 , oeing more particularly
described as follows:
All that portion of Lot 2 as lies within said above mentioned
Sections and which said Lot 2 is snown on tiiat 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 3 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 35, Secion C, San Mateo
County, and being bounded on the Nortii and West ay Parcels II
and IV as shown on that certain map record�d 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 AAP OF
A RESUBDIVISION OF A PORTION OF SECTIONS 16 , 21 & 22, T 6 S . ,
a� 4 W, M. D. B. & M. , AND A PORTION OF RANCHO CANADA DE
RAYMUNDO, 30ING A PORTION OF THE LAND L)ESCR13ED IN VOL. 6582
O. R. PG . 647 , SAN MA12EO COUNTY, CALIFORNIA" , filed in the
12
� r
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 .
Parcels I tnrou
Assessor 's Parcel Numbers For gh 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
072-320-060 972-320-260
072-320-110 072-320-280
072-320-160 072-320-210
072-320-180
072-320-190
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7759H/0692h
13
I
8508 .05
( Exhibit G to Master Agreement--"Quitclaim Deed" ]
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
375 Distel Circle, Suite D-1
Los Altos , California 94022
Attention: Mr . L. Craig Britton
QUITCLAIM DEED AND TERMINATION OF ROYALTY AGREEMENT
For a valuable consideration , receipt of which is hereby
acknowledged, 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 referred to herein as "Quitclaimor" ) ,
hereby remise, release and quitclaim to MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT, a public district ( " District" ) , any and
all right , title and interest of Quitclaimor in that certain
real property situated in the unincorporated territory of the
County of San Mateo , State of California , more particularly
described in Exhibit " I" attached hereto and incorporated
herein by this reference .
Quitclaimor hereby terminates and extinguishes that
certain Royalty Agreement dated March 31 , 1977 , by and between
Quitclaimor and William T. Wilkins as recorded on
August 19 , 1977 , in Book 7580 at Page 580 ( Serial No . 6309AL ) ,
Official Records of San Mateo County, California .
Quitclaimor further acknowledges that , by execution and
delivery of a Release of Lis Pendens and Dismissal of Action of
even date herewith, Quitclaimor has dismissed with prejudice
that certain Legal Action No . 276441 , Superior court of
California, County of San Mateo, California in which a notice
of such action was recorded on July 11 , 1983 , Serial
No . 83070532, Official Records of San Mateo County, California .
THE ALAN HOSKING RANCH, INC.
By:
Alan Hosking, President
ALAN HOSKING
THERESA HOSKING
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
and Theresa Hosking, known to me or proved to me on the basis
of satisfactory evidence to be the persons that executed the
within instrument and acknowledged to me that they 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 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)
7841H/
2
EXHIBIT I TO QUITCLAIM DE,. I
LEGAL DESCRIPTION OF PROPERTY
The land referred to herein is situated in the State of CALIFORNIA, within an
unincorporated area of the County of SAN MATEO, and is described as follows:
PARCEL I: BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP b
SOUTH, RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID
POINT OF BEGINNING, ALONG THE NORTH LINE OF SAID SECTION 1, EASTERLY TO
THE NORTHEAST CORNER OF SECTION 1, WHICH POINT IS ALSO THE SOUTHWEST
CORNER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE
AND MERIDIANS THENCE ALONG THE WEST LINE OF SAID SECTION 31 NORTHERLY TO
THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 31, EASTERLY TO THE NORTHEAST CORNER
THEREOF; THENCE ALONG THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 31,
SOUTH 89 DEGREES 37 MINUTES 30 SECONDS EAST TO THE POINT OF INTERSECTION
THEREOF WITH THE WESTERLY LINE OF A ROAD KNOWN AS QUARRY ROAD, SAID
INTERSECTION POINT BEING THE WESTERLY GATE POST OF A GATE ACROSS SAID
QUARRY ROAD AND SAID POINT BEING DISTANT NORTH 89 DEGREES 37 MINUTES 30
SECONDS WEST 832 FEET, MORE OR LESS, FROM ENGINEER 'S STATION NO.
226+69. 6 OF THE STATE HIGHWAY SURVEY OF SKYLINE BOULEVARD AND ALSO BEING
THE NORTHWEST CORNER OF THAT CERTAIN 6. 30 ACRE PARCEL DESCRIBED IN DEED
TO EDW. J. HIGGINS AND WIFE, RECORDED OCTOBER 22, 1954 IN BOOK 2674 OF
OFFICIAL RECORDS AT PAGE 22 (FILE NO. 96026-L), RECORDS OF SAN MATEO
COUNTY, CALIFORNIA; THENCE LEAVING SAID NORTH LINE OF LOT 4 AND RUNNING
ALONG THE EXTERIOR BOUNDARIES OF SAID 6. 30 ACRE TRACT, SOUTH 17 DEGREES
03 MINUTES 00 SECONDS EAST 495 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES
00 SECONDS EAST 105 FEET; THENCE NORTH 58 DEGREES OB MINUTES 00 SECONDS
EAST 541 FEET TO A FENCE CORNER; THENCE NORTH 73 DEGREES 08 MINUTES EAST
165. 5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SKYLINE
BOULEVARD AT A POINT THEREON WHICH IS DISTANT SOUTH 27 DEGREES 43
MINUTES EAST 195 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE
WITH SAID NORTH LINE OF LOT 4 IN SECTION 31; THENCE ALONG SAID
SOUTHWESTERLY LINE OF SKYLINE BOULEVARD, SOUTHEASTERLY 400 FEET, MORE OR
LESS, TO A POINT THEREON WHICH IS DISTANT NORTHWESTERLY 322. 27 FEET,
ALONG THE ARC OF A 1950 FOOT RADIUS CURVE, FROM A POINT OF INTERSECTION
OF SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD WITH THE WESTERLY
BOUNDARY OF THE RANCHO CANADA DE RAYMUNDO; THENCE LEAVING SKYLINE
BOULEVARD, SOUTH 58 DEGREES 55 MINUTES 473. 8 FEET; THENCE SOUTH 34
DEGREES 36 MINUTES EAST 299. 1 FEET; THENCE NORTH 64 DEGREES 05 MINUTES
EAST 15 FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN QUITCLAIM
DEED FROM JOHN H. WILMARTH TO EDWARD J. HIGGINS, RECORDED NOVEMIJER 16,
1948 IN BOOK 1593 OF OFFICIAL RECORDS AT PAGE 191, RECORDS OF SAN MATEO
COUNTY, CALIFORNIA; THENCE DUE SOUTH 750 FEET, MORE OR LESS. TO A POINT
IN THE MEDIAN LINE OF WHITTEMORE GULCH; THENCE ALONG SAID MEDIAN LINE,
SOUTHEASTERLY 100 FEET, MORE OR LESS, TO AN IRON PIPE MONUMENT SET AT AN
ANGLE POINT IN THE WESTERLY LINE OF LOT 47, AS SAID LOT IS SHOWN ON THAT
CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS, " FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN MATED COUNTY ON DECEMBER 15, 1924
IN BOOK 12 OF MAPS AT PAGE 12; THENCE ALONG THE WESTERLY LINE OF SAID
LOT 47 AND ALONG THE WESTERLY LINE OF THE PARCEL SHOWN AS LANDS OF
DAVENPORT BROMFIELD ON SAID MAP, SOUTH 5 DEGREES 00 MINUTES WEST 1189
I 1
FEET TO AN IRON PIPE MONUMENT SET AT THE SOUTHWEST CORNER OF THE LANDS
SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY LINE OF SAID LANDS,
EASTERLY 1290 FEET, MORE OR LESS, TO THE NORTHERLY PROLONGATION OF THE
WESTERLY BOUNDARY OF THAT CERTAIN MAP ENTITLED, "MAP OF REDWOOD PARK
SUBDIVISION NO. 2, " FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
MATEO COUNTY ON DECEMBER 7, 1908 IN BOOK 6 OF MAPS, AT PACE 49; THENCE
SOUTHERLY, ALONG SAID NORTHERLY PROLONGATION OF THE WESTERLY BOUNDARY OF
REDWOOD PARK NO. 2, TO THE NORTHWEST CORNER OF LOT 63 IN BLOCK 62 AS
SAID LOT AND BLOCK ARE SHOWN ON SAID MAP OF REDWOOD PARK NO. 2; THENCE
CONTINUING ALONG THE WESTERLY LINE OF LANDS SHOWN ON SAID MAP, SOUTHERLY
TO THE SOUTHWEST CORNER OF THE LANDS SHOWN ON SAID MAP; THENCE EASTERLY
ALONG THE SOUTHERLY BOUNDARY OF SAID LAST MENTIONED MAP AND CONTINUING
ALONG THE SOUTHERLY BOUNDARY OF THE MAP OF REDWOOD PARK SUBDIVISION NO.
3, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON
DECEMBER 21, 1908 IN BOOK 6 OF MAPS AT PAGE 52, AND ITS EASTERLY
PROLONGATION FOR A DISTANCE OF 5100 FEET, MORE OR LESS, TO INTERSECT THE
WESTERLY BOUNDARY LINE OF THE RANCHO CANADA DE RAYMUNDO; THENCE ALONG
SAID BOUNDARY LINE, SOUTHEASTERLY 1300 FEET, MORE OR LESS, TO THE POINT
WHERE SAID BOUNDARY LINE INTERSECTS THE WESTERLY RIGHT OF WAY LINE OF
THE STATE HIGHWAY KNOWN AS SKYLINE BOULEVARD; THENCE ALONG SAID RIGHT OF
WAY LINE. SOUTHEASTERLY 500. 00 FEET, MORE OR LESS, TO THE NORTHWESTERLY
BOUNDARY OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM LOUIS I.
BOCCIO AND WIFE, TO JOHN A. BERTOCCHI, ET AL, DATED NOVEMBER 24, 1953
AND RECORDED NOVEMBER 27, 1953 IN BOOK 2505 OF OFFICIAL RECORDS AT PAGE
240 (FILE NO. 21564-L), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE
ALONG SAID NORTHWESTERLY BOUNDARY LINE, SOUTHWESTERLY 2300. 0 FEET, MORE
OR LESS, TO INTERSECT WITH THE CENTER LINE OF FROMENT ROAD, AS SAID ROAD
IS SHOWN ON THAT CERTAIN MAP ENTITLED, "KING'S MOUNTAIN PARK SAN MATEO
COUNTY, CALIFORNIA, " FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
MATEO COUNTY ON JANUARY 12, 1928 IN BOOK 16 OF MAPS, AT PAGES 59 AND 60.
AND SAID POINT OF INTERSECTION BEING OPPOSITE THE NORTHEAST CORNER OF
LOT 1 AS SHOWN ON SAID MAP; THENCE ALONG SAID CENTER LINE OF FROMENT
ROAD; NORTH 66 DEGREES 12 MINUTES WEST 80 FEET, MORE OR LESS. TO AN
ANGLE POINT IN SAID CENTER LINE; THENCE CONTINUING SOUTH 44 DEGREES 37
MINUTES 30 SECONDS WEST 300. 00 FEET, MORE OR LESS, TO AN ANGLE POINT IN
SAID CENTER LINE OPPOSITE THE NORTHWESTERLY LINE OF LOT 2 AS SHOWN ON
SAID MAP; THENCE IN A GENERAL SOUTHERLY AND WESTERLY DIRECTION, ALONG
SAID CENTER LINE OF FROMENT ROAD, AS SAID ROAD IS SHOWN ON SAID MAP, TO
AN ANGLE POINT IN SAID CENTER LINE OPPOSITE THE NCRTHWEST CORNER OF LOT
81; THENCE LEAVING SAID ROAD IN A GENERAL WESTERLY DIRECTION, ALONG THE
CENTER OF A RIDGE DIVIDING THE WATERS OF THE PURISIMA CREEK FROM THE
WATERS OF TUNITAS CREEK, TO THE EASTERLY SIDE OF BALD MOUNTAIN, AND A
POINT MARKED BY AN IRON PIPE AT THE BASE OF A TANBARK TREE, SAID POINT
BEARING NORTH 83 DEGREES 24 MINUTES 09 SECONDS EAST 1833.75 FEET FROM
THE U. S. COAST AND GEODETIC SURVEY TRIANGULATION MONUMENT "BALD KNOB,
1931, SAN MATEO COUNTY, CALIF. , " AT LATITUDE 37 DEGREES 25 MINUTEST
24. 528 SECONDS AND LONGITUDE 122 DEGREES 21 MINUTES 11. 204 SECONDS;
THENCE ALONG THE GENERAL NORTHERLY LINE OF LANDS DESCRIBED IN LIS
PENDENS RECORDED IN BOOK 4640 OF OFFICIAL RECORDS AT PAGE 145 (FILE NO.
86168-W), RECORDS OF SAN MATEO COUNTY, CALIFORNIA, FOR THE FOLLOWING
COURSES AND DISTANCES: SOUTH 57 DEGREES 22 MINUTES 45 SECONDS WEST
264. 00 FEET,' NORTH 84 DEGREES 07 MINUTES 15 SECONDS WEST 101. 64 FEET,
2
I
I
I
I
SOUTH 80 DEGREES 07 MINUTES 45 SECONDS WEST 124. 74 FEET, SOUTH 68
DEGREES 07 MINUTES -46 SECONDS WEST 264. 00 FEET, SOUTH 87 DEGREES 37
MINUTES 45 SECONDS WEST 203. 94 FEET, NORTH 87 DEGREES 34 MINUTES 11
SECONDS WEST 1055. 08 FEET AND NORTH 31 DEGREES 30 MINUTES 20 SECONDS
WEST 833. 55 FEET TO AN ANGLE POINT IN SAID LINES THENCE CONTINUING
SOUTHWESTERLY, ALONG SAID GENERAL NORTHERLY LINE TO THE INTERSECTION
THEREOF WITH THE COMMON BOUNDARY LINE DESCRIBED IN AGREEMENT BETWEEN
AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE, FIRST PARTIES, AND
PURISIMA CANYON CO. , A PARTNERSHIP, SECOND PARTIES, DATED JANUARY 18,
1965 AND RECORDED MARCH 30, 1963 IN BOOK 4922 OF OFFICIAL RECORDS AT
PAGE 236 (FILE NO. 31936-Y), RECORDS OF SAN MATED COUNTY, CALIFORNIA;
THENCE ALONG SAID COMMON BOUNDARY, NORTH 40 DEGREES 32 MINUTES 19
SECONDS WEST 6000 FEET, MORE OR LESS, TO THE NORTHWESTERLY TERMINUS
THEREOF, AS DESCRIBED IN SAID BOUNDARY LINE AGREEMENT AND FROM WHICH
POINT OF A CONCRETE NAIL IN THE CENTER OF A CONCRETE BRIDGE OVER
PURISIMA CREEK, SET TO MARK THE POINT OF BEGINNING DESCRIBED IN THE DEED
FROM WILLIAM W. MC COY TO BENJAMIN G. LATHROP, RECORDED JULY 7, 1856
IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN MATED COUNTY, CALIFORNIA,
BEARS NORTH 40 DEGREES 32 MINUTES 19 SECONDS WEST 534. 47 FEET; THENCE
CONTINUING ALONG SAID AGREED COMMON BOUNDARY LINE, NORTH 79 DEGREES 12
MINUTES 48 SECONDS WEST 258. 03 FEET TO A 1 INCH IRON PIPE MONUMENT
TAGGED "R. E. 732B" IN PURISIMA CREEK ROAD, FROM WHICH SAID CONCRETE
NAIL IN THE CENTER OF THE BRIDGE BEARS NORTH 14 DEGREES 42 MINUTES 03
SECONDS WEST 370. 00 FEET, SAID LAST MENTIONED POINT ALSO BEING THE
SOUTHERLY TERMINUS OF THE COMMON BOUNDARY LINE BETWEEN THE LANDS OF
PURISIMA CANYON COMPANY AND THE LANDS OF JEAN B. EDWARDS AND RUTH J.
BERND, AS DESCRIBED IN AGREEMENT DATED MARCH 2, 1965 AND RECORDED MARCH
30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PACE 233 (FILE NO. 319-Y),
RECORDS OF SAN MATED COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON COUNTY
BOUNDARY LINE, NORTH i DEGREES 05 MINUTES WEST 66. 98 FEET TO AN ANGLE
POINT IN THE CENTER LINE OF SAID PURISIMA CREEK ROAD] THENCE CONTINUING
ALONG SAID CENTER LINE, NORTH 25 DEGREES 04 MINUTES 00 SECONDS WEST
162. 28 FEET, NORTH 9 DEGREES 35 MINUTES 00 SECONDS WEST 58.00 FEET AND
NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST' 21. 08 FEET TO A 1 INCH IRON
PIPE MONUMENT TAGGED "R.E. 7328" FROM WHICH SAID CONCRETE NAIL IN THE
CENTER LINE OF SAID BRIDGE BEARS NORTH 14 DEGREES 43 MINUTES 02 SECONDS
WEST 68. 10 FEET; THENCE CONTINUING ALONG SAID CENTER LINE, NORTH 8
DEGREES 16 MINUTES 00 SECONDS EAST, 59. 92 FEET TO THE CENTER LINE OF
COUNTY ROAD NO. 39; THENCE ALONG SAID CENTER LINE, NORTH 75 DEGREES 46
MINUTES 00 SECONDS WEST 26. 72 FEET TO THE SAID CONCRETE NAIL IN THE
CENTER OF THE CONCRETE BRIDGE OVER PURISIMA CREEK: THENCE LEAVING SAID
LAST MENTIONED COMMON BOUNDARY LINE AND ALONG THE SOUTHWESTERLY LINE OF
LANDS QUITCLAIMED BY FLORINDA NELSON AND A. S. HATCH, ET AL. BY DEED
RECORDED JUNE 10, 1927, IN BOOK 296 OF OFFICIAL RECORDS AT PAGED 4400
RECORDS OF SAN MATED COUNTY, CALIFORNIA, NORTH 14 DEGREES 42 MINUTES 03
SECONDS WEST 1126. 91 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E.
7328. " SET ON THE NORTHERLY LINE OF LOT 1 OF THE SOUTHEAST 1/4 OF
SECTION 2, TOWNSHIP 6 SOUTH, RANGE 5 WEST, DISTANT THEREON NORTH 89
DEGREES 49 MINUTES 12 SECONDS WEST 528.00 FEET FROM THE LINE BETWEEN
SAID SECTION 2 AND SECTION 1, TOWNSHIP 6 SOUTH, RANGE 5 WEST, MOUNT
DIABLO BASE AND MERIDIAN; THENCE SOUTH 89 DEGREES 49 MINUTES 12 SECONDS
EAST 528. 00 FEET TO SAID LINE BETWEEN SECTION 1 AND SECTION 2; THENCE
3
NORTHERLY, ALONG SAID DIVIDING LINE. 2640 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING."
EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND:
BEGINNING AT A REDWOOD POST ON THE LINE FIRST DESCRIBED IN THE DEED FROM
MC COY TO LATHROP, RECORDED IN BOOK 1 OF DEEDS AT PAGE 1, RECORDS OF SAN
MATED COUNTY. CALIFORNIA# DISTANT THEREON 9 CHAINS FROM THE POINT OF
COMMENCEMENT AS DESCRIBED IN SAID DEED: THENCE EASTERLY 8 CHAINS 40 FEET
TO A REDWOOD POST SET IN A GULCH ABOUT 40 FEET ABOVE A LARGE REDWOOD
TREE STANDING IN OR NEAR THE GULCH; THENCE UP THE GULCH 7. 00 CHAINS TO A
POINT WHERE THE LINE CROSSES, AS DESCRIBED IN THE DEED ABOVE MENTIONED;
THENCE ALONG SAID LINE, IN A NORTHWEST DIRECTION, TO THE POINT OF
BEGINNING.
BEING THE LAND CONVEYED BY NATHANIEL C. LANE TO B. G. LATHROP, BY DEED
DATED NOVEMBER 20, 1861 AND RECORDED DECEMBER 17, 1861 IN BOOK 3 OF
DEEDS AT PAGE 51, RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM SO MUCH OF LOTS 1, 2, 3, AND 4 IN SECTION 8 AS
LIES NORTH OF THE COMMON BOUNDARY LINE ESTABLISHED BY AGREEMENT BETWEEN
CHARLES W. BORDEN, JENNIE H. HARTLEY, AND MARY BROMFIELD* ET AL, DATED
NOVEMBER 23, 1908 AND RECORDED NOVEMBER 24, 1908 IN BOOK 16 OF
MISCELLANEOUS RECORDS AT PAGE 364, RECORDS OF SAN MATED COUNTY,
CALIFORNIA.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS,
AS CONVEYED BY DEED FROM EDWARD J. HIGGINS AND LILLIAN C. HIGGINS,
HUSBAND AND WIFE, TO CHARLES F. STEELE, SINGLE, DATED MAY 19, 1947 AND
RECORDED MAY 23, 1947 IN BOOK 1366 OF OFFICIAL RECORDS AT PAGE 74,
RECORDS OF SAN MATED COUNTY, CALIFORNIA:
PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6
SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE MEDIAN LINE OF A ROAD KNOWN AS THE COUNTY
FIRE WARDEN'S ROAD, SAID POINT OF BEGINNING BEING THE FOLLOWING COURSES
AND DISTANCES, ALONG SAID MEDIAN LINE OF ROAD, FROM THE SOUTHWEST CORNER
OF LOT 47, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA
MORENA WOODS, " FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO
COUNTY ON DECEMBER 15, 1924 IN BOOK 12 OF MAPS, AT PAGE 12; SOUTH 71
DEGREES 50 MINUTES WEST 157 FEET, SOUTH 24 DEGREES 08 MINUTES WEST 62
FEET, SOUTH 0 DEGREES 42 MINUTES WEST 150 FEET AND SOUTH 25 DEGREES 17
MINUTES WEST 57 FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING ON
AND ALONG SAID MEDIAN LINE. SOUTH 42 DEGREES 39 MINUTES WEST 134 FEET,
SOUTH 31 DEGREES 26 MINUTES WEST 150 FEET, SOUTH 64 DEGREES 26 MINUTES
WEST 75 FEET AND SOUTH 84 DEGREES 12 MINUTES WEST 162 FEET; THENCE
LEAVING SAID MEDIAN LINE. NORTH 9 DEGREES it MINUTES WEST 210 FEET,
NORTH 44 DEGREES 02 MINUTES EAST 315 FEET AND SOUTH 53 DEGREES 46
MINUTES EAST 267 FEET TO THE POINT OF BEGINNING.
4
ALSO EXCEPTING THEREFROM THE FOLLOWING:
ALL OF LAND DESCRIBED IN THAT CERTAIN QUITCLAIM DEED FROM WILLIAM T.
WILKINS, AS HIS SEPARATE PROPERTY, TO MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, A PUBLIC DISTRICT, RECORDED AUGUST 6, 1982 AS SERIES NO.
82067176, SAN MATED COUNTY RECORDS, DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4
WEST, MOUNT DIABLO BASE AND MERIDIAN. SAID PORTION BEING FURTHER
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS OF EDWARD D.
VALLERGA, AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 10, 1937
IN BOOK 3318 OF OFFICIAL RECORDS OF SAN MATED COUNTY AT PAGE 699;
THENCE ALONG THE NORTHEASTERLY LINE OF LAST SAID LANDS SOUTH 53 DEGREES
31 MINUTES 46 SECONDS EAST 263. 38 FEET (SOUTH 33 DEGREES 46 MINUTES EAST
267 FEET PER SAID DEED) TO A POINT ON THE COUNTY FIRE WARDEN'S ROAD);
THENCE ALONG LAST SAID ROAD NORTH 25 DEGREES 17 MINUTES 00 SECONDS EAS"
37. 00 FEET AND NORTH 00 DEGREES 42 MINUTES 00 SECONDS EAST 34. 12 FEET;
THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES:
NORTH 33 DEGREES 31 MINUTES 46 SECONDS WEST 433.72 FEET;
SOUTH 36 DEGREES 08 MINUTES 14 SECONDS WEST 161. 20 FEET;
SOUTH 24 DEGREES 38 MINUTES 39 SECONDS WEST 368. 34 FEET;
NORTH 83 DEGREES 12 MINUTES 03 SECONDS EAST 170. 82 FEET;
SOUTH 83 DEGREES 31 MINUTES 41 SECONDS EAST 90. 49 FEET; TO THE SOUTHWEST
CORNER OF SAID LANDS OF VALLERGA.
THENCE ALONG THE BOUNDARY OF LAST SAID LANDS NORTH 9 DEGREES 11 MINUTES
00 SECONDS WEST 210. 00 FEET TO A FOUND 3/4 INCH IRON PIPE MONUMENT;
THENCE CONTINUING ALONG THE LAST SAID BOUNDARY NORTH 44 DEGREES 02
MINUTES 00 SECONDS EAST 312. 24 FEET (315 FEET PER SAID DEED) TO AN AXLE
MARKING THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING PROPERTY:
1. ALL THAT LAND IN SECTION 31, TOWNSHIP 5 SHIP, RANGE 4 WEST, MOUNT
DIABLO MERIDIAN AND BASELINE.
2. THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 1, TOWNSHIP 6 SOUTH, RANt:E
9 WEST, MOUNT DIABLO BASE MERIDIAN AND BASE LINE.
AND FURTHER EXCEPTING THEREFROM, ALL OF THE LAND CONVEYED BY WILLIAM T.
WILKINS TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT,
5
BY GRANT DEED RECORDED ON AUGUST 6, 1982, AS SERIES NO. 82067175, SAN
MATEO COUNTY RECORDS; AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE
3 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF
BEGINNING, ALONG THE NORTH LINE OF SAID SECTION 1, EASTERLY TO THE
NORTHEAST CORNER OF SECTION 1, WHICH POINT IS ALSO THE SOUTHWEST CORNER
OF SECTION 31; TOWNSHIP 5 SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND
MERIDIAN; THENCE ALONG THE WEST LINE OF SAID SECTION 31 NORTHERLY TO THE
NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 31, EASTERLY TO THE NORTHEAST CORNER
THEREOF; THENCE ALONG THE NORTHERLY LINE OF LOT 4 IN SAID SECTION 31,
SOUTH 89 DEGREES 37 MINUTES 30 SECONDS EAST TO THE POINT OF INTERSECTION
THEREOF WITH THE WESTERLY LINE OF A ROAD KNOWN AS THE QUARRY ROAD, SAID
INTERSECTION POINT BEING THE WESTERLY GATE POST OF A GATE ACROSS SAID
QUARRY ROAD AND SAID POINT BEING DISTANT NORTH 89 DEGREES 37 MINUTES 30
SECONDS WEST 832 FEET, MORE OR LESS, FROM ENGINEER 'S STATION NO.
226+69. 6 OF THE STATE HIGHWAY SURVEY OF SKYLINE BOULEVARD AND ALSO BEING
THE NORTHWEST CORNER OF THAT CERTAIN 6. 30 ACRE PARCEL DESCRIBED IN DEED
TO EDW. J. HIGGINS AND WIFE, RECORDED OCTOBER 22, 1954 IN BOOK 2674 OF
OFFICIAL RECORDS AT PAGE 22 (FILE NO. 96026—L), RECORDS OF SAN MATED
COUNTY, CALIFORNIAs THENCE LEAVING SAID NORTH LINE OF LOT 4 AND RUNNING'.
ALONG THE EXTERIOR BOUNDARIES OF SAID 6. 30 ACRE TRACT, SOUTH 17 DEGREE'S
03 MINUTES 00 SECONDS EAST 495 FEET; THENCE SOUTH 76 DEGREES 42 MINUTES
00 SECONDS EAST 103 FEET; THENCE NORTH 58 DEGREES 08 MINUTES 00 SECONDS
EAST 541 FEET TO A FENCE CORNER; THENCE NORTH 73 DEGREES 08 MINUTES EAST
163. 5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SKYLINE
BOULEVARD AT A POINT THEREON WHICH IS DISTANT SOUTH 27 DEGREES 43
MINUTES EAST 193 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE
WITH SAID NORTH LINE OF LOT 4 IN SECTION 31; THENCE ALONG SAID
SOUTHWESTERLY LINE OF SKYLINE BOULEVARD, SOUTHEASTERLY 400 FEET, MORE OR
LESS, TO A POINT THEREON WHICH IS DISTANT NORTHWESTERLY 322. 27 FEET,
ALONG THE ARC OF A 1950 FOOT RADIUS CURVE, FROM A POINT OF INTERSECTION
OF SAID SOUTHWESTERLY LINE OF SKYLINE BOULEVARD WITH THE WESTERLY
BOUNDARY OF THE RANCHO CANADA DE RAYMUNDO; THENCE LEAVING SKYLINE
BOULEVARD, SOUTH 38 DEGREES 55 MINUTES WEST 473. 8 FEET; THENCE SOUTH 34
DEGREES 36 MINUTES EAST 299. 1 FEET; THENCE NORTH 64 DEGREES OB MINUTES
EAST is FEET TO THE EASTERLY LINE OF THE LANDS DESCRIBED IN QUITCLAIM
DEED FROM JOHN H. WILMARTH TO EDWARD J. HIGGINS, RECORDED NOVEMBER 16*
1948 IN BOOK 1393 OF OFFICIAL RECORDS AT PAGE 191, RECORDS OF SAN MATEO
COUNTY, CALIFORNIA; THENCE DUE SOUTH 730 FEET, MORE OR LESS, TO A POIN''"
IN THE MEDIAN LINE OF WHITTEMORE GULCH; THENCE ALONG SAID MEDIAN LINE,
SOUTHEASTERLY 100 FEET, MORE OR LESS, TO AN IRON PIPE MONUMENT SET AT AN
ANCLE POINT IN THE WESTERLY LINE OF LOT 47, AS SAID LOT IS SHOWN ON THAT
CERTAIN MAP ENTITLED, "MAP NO. 2 OF SIERRA MORENA WOODS, " FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA.
ON DECEMBER 15, 1924 IN BOOK 12 OF MAPS AT PAGE 12; THENCE ALONG THE
WESTERLY LINE OF SAID LOT 47 AND ALONG THE WESTERLY LINE OF THE PARCEL
SHOWN AS LANDS OF DAVENPORT BROMFIELD ON SAID MAP, SOUTH 3 DEGREES 00
MINUTES WEST 1189 FEET TO AN IRON PIPE MONUMENT SET AT THE SOUTHWEST
CORNER OF THE LANDS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHWEST
6
i
CORNER. SOUTH 49D DEGREES MINUTES 15 SECOND
S WEST, 1975. 12 FEET;
T;
THENCE SOUTH, 480. 00 -FEET; THENCE SOUTH 26 DEGREES 12 MINUTES 37 SECONDS
WEST, 478. 06 FEET; THENCE SOUTH, 300. 00 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 4840"; THENCE SOUTH 62 DEGREES 21 MINUTES 36 SECONDS
WEST, 156. 49 FRET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840";
THENCE SOUTH 6 DEGREES 58 MINUTES 31 SECONDS
EAST, 1 FEET T A 3!4
i S 38. 83 ET O
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 13 DEGREES 15
MINUTES 22 SECONDS WEST, 98. 53 FEET; THENCE SOUTH 18 DEGREES 16 MINUTES
00 SECONDS WEST, 111. 63 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE SOUTH 8 DEGREES 08 MINUTES 52 SECONDS EAST, 156. 50 FEET TO
A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 23 DEGREES
04 MINUTES 59 SECONDS EAST, 133. 67 FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 4840"; THENCE SOUTH 72 DEGREES 43 MINUTES 24 SECONDS WEST,
83. 65 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE
NORTH 38 DEGREES 52 MINUTES 28 SECONDS WEST, 243. 18 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 86 DEGREES 08 MINUTES
13 SECONDS WEST, 105. 73 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE SOUTH 27 DEGREES 55 MINUTES 10 SECONDS WEST, 76. 54 FEET TO
A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 52 DEGREES
43 MINUTES 42 SECONDS WEST, 193. 38 FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 4840"; THENCE NORTH 88 DEGREES 04 MINUTES 49 SECONDS WEST,
207. 91 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE
NORTH 73 DEGREES 38 MINUTES 41 SECONDS WEST, 71. 11 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 40 DEGREES 17 MINUTES
18 SECONDS WEST, 64.33 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE NORTH 24 DEGREES 57 MINUTES 10 SECONDS WEST, 150. 36 FEET
TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 66
DEGREES 14 MINUTES 43 SECONDS WEST, 120. 45 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 4840"; THENCE SOUTH 77 DEGREES 29 MINUTES 06 SECONDS
WEST, 67. 07 FEET; THENCE SOUTH 81 DEGREES 22 MINUTES 29 SECONDS WEST,
106. 19 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE
NORTH 63 DEGREES 02 MINUTES 08 SECONDS WEST, 115. 76 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 15 DEGREES 13 MINUTES
00 SECONDS WEST, 60. 34 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE NORTH 67 DEGREES 06 MINUTES 00 SECONDS WEST, 104. 53 FEET
TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 53
DEGREES 45 MINUTES 52 SECONDS WEST, 148. 61 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 484011; THENCE NORTH 51 DEGREES 49 MINUTES 14 SECONDS
WEST, 137. 94 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 484016;
THENCE NORTH 49 DEGREES 07 MINUTES 51 SECONDS WEST, 118. 97 FEET TO A 3/4
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 63 DEGREES 20
MINUTES 39 SECONDS WEST, 94. 68 FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 4840"; THENCE NORTH 49 DEGREES 36 MINUTES 13 SECONDS WEST,
120. 50 FEET; THENCE NORTH 39 DEGREES 56 MINUTES 05 SECONDS WEST, 62. 36
FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 07
DEGREES 35 MINUTES 27 SECONDS WEST, 152. 67 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 4840"; THENCE NORTH 30 DEGREES 22 MINUTES- 04 SECONDS
WEST, 273. 24 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840";
THENCE NORTH 2 DEGREES it MINUTES 11 SECONDS WEST, 40. 70 FEET TO A 3/4
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 7 DEGREES 55
MINUTES 56 SECONDS WEST, 102. 68 FEET; THENCE NORTH 12 DEGREES 43 MINUTES
33 SECONDS WEST, 86. 45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
7
II � ,
.
4840r►, THENCE NORTH 67 DEGREES 54 MINUTES 20 SECONDS , b E T 5. 60 FEET
EAST, EE TO
A 3/4 INCH IRON PIPE--MONUMENT TAGGED "LS 484O THENCE NORTH
52 DEGREE
S
59 MINUTES 50 SECONDS EAST, 154. 49. FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 4840"; THENCE SOUTH 80 DEGREES 01 MINUTES 11 SECONDS EAST,
295. 24 FEET; THENCE NORTH 42 DEGREES 53 MINUTES 14 SECONDS EAST, 222. 80
FEET; THENCE NORTH 30 DEGREES 00 MINUTES 00 SECONDS EAST, 100. 00 FEET;
THENCE NORTH 20 DEGREES 00 MINUTES 00 SECONDS EAST, 50. 00 FEET; THENCE
SOUTH 75 DEGREES 05 MINUTES 00 SECONDS WEST, 150. 00 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 83 DEGREES 00 MINUTES
25 SECONDS WEST, 207. 71 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE SOUTH 78 DEGREES 22 MINUTES 58 SECONDS WEST, 296. 51 FEET
TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 484011; THENCE NORTH 67
DEGREES 32 MINUTES 45 SECONDS WEST, 109. 96 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 484011; THENCE SOUTH 59 DEGREES 57 MINUTES 33 SECONDS
WEST, 187. 16 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "L5 4840";
THENCE NORTH 76 DEGREES 18 MINUTES 59 SECONDS WEST, 149.45 FEET TO A 3/4
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 28 DEGREES 28
MINUTES 04 SECONDS WEST, 174. 55 FEET; THENCE SOUTH 75 DEGREES 50 MINUTES
25 SECONDS WEST, 58. 71 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE NORTH 77 DEGREES 52 MINUTES 19 SECONDS WEST, 160. 87 FEET
TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 484011; THENCE SOUTH 76
DEGREES 37 MINUTES 04 SECONDS WEST, 106. 03 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 4840"; THENCE SOUTH 54 DEGREES 44 MINUTES 19 SECONDS
WEST, 129. 11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840";
THENCE NORTH 62 DEGREES 21 MINUTES 18 SECONDS WEST, 80. 15 FEET TO A 3/4
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 25 DEGREES 28
MINUTES 32 SECONDS WEST, 82. 88 FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 4840"; THENCE SOUTH 89 DEGREES 44 MINUTES 06 SECONDS WEST,
128. 11 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE
SOUTH 15 DEGREES 03 MINUTES 21 SECONDS WEST, 131. 43 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 67 DEGREES 48 MINUTES
29 SECONDS WEST, 79. 37 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE SOUTH 75 DEGREES 13 MINUTES 36 SECONDS WEST, 101. 87 FEET;
THENCE NORTH 56 DEGREES 49 MINUTES 16 SECONDS WEST, 129. 17 FEET; THENCE
NORTH 82 DEGREES 20 MINUTES 07 SECONDS WEST, 158. 22 FEET; THENCE SOUTH
84 DEGREES 34 MINUTES 27 SECONDS WEST, 105. 35 FEET; THENCE NORTH 75
DEGREES 20 MINUTES 28 SECONDS WEST, 72. 88 FEET; THENCE NORTH 20 DEGREES
27 MINUTES 01 SECONDS EAST, 147. 15 FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 48401"; THENCE NORTH, 250. 00 FEET; THENCE WEST, 125. 00 FEET;
THENCE SOUTH 20 DEGREES 00 MINUTES 00 SECONDS WEST, 190. 08 FEET; THENCE
NORTH 69 DEGREES 24 MINUTES 37 SECONDS WEST, 196. 16 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 43 DEGREES 02 MINUTES
15 SECOND3 WEST, 400. 83 FEET; THENCE NORTH 64 DEGREES 47 MINUTES 37
SECONDS WEST, 201. 45 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE NORTH 52 DEGREES 40 MINUTES 06 SECONDS WEST, 165. 92 FEET
TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 82
DEGREES 56 MINUTES 37 SECONDS WEST, 253. 14 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 4840"; THENCE SOUTH 50 DEGREES 45 MINUTES 03 SECONDS
WEST, 160.98 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 484016;
THENCE SOUTH 58 DEGREES 04 MINUTES 19 SECONDS WEST, 113. 31 FEET TO A 3/4
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 64 DEGREES 02
MINUTES 57 SECONDS WEST, 245.76 FEET TO A 3/4 INCH IRON PIPE MONUMENT
8
TAGGED "LS 4840"; THENCE SOUTH 80 DEGREES 36 MINUTES 50 SECONDS WEST,
117. 85 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE
SOUTH 67 DEGREES 48 MINUTES 50 SECONDS WEST, 204. 36 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 35 DEGREES 45 MINUTES
43 SECONDS WEST, 163. 84 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS
4840"; THENCE SOUTH 65 DEGREES 00 MINUTES 21 SECONDS WEST, 151. 81 FEET
TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 89
DEGREES 57 MINUTES 16 SECONDS WEST, 60. 78 FEET TO A 3/4 INCH IRON PIPE
MONUMENT TAGGED "LS 4840"; THENCE NORTH S2 DEGREES 52 MINUTES 38 SECONDS
WEST, 73. 53 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840";
THENCE NORTH 45 DEGREES 25 MINUTES 53 SECONDS WEST, 87. 44 FEET TO A 3/4
INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE NORTH 84 DEGREES 53
MINUTES 52 SECONDS WEST, 66. 24 FEET TO A 3/4 INCH IRON PIPE MONUMENT
TAGGED "LS 4840"; THENCE NORTH 72 DEGREES 08 MINUTES 44 SECONDS WEST,
221. 62 FEET TO A 3/4 INCH IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE
NORTH 67 DEGREES 05 MINUTES 43 SECONDS WEST, 101. 01 FEET TO A 3/4 INCH
IRON PIPE MONUMENT TAGGED "LS 4840"; THENCE SOUTH 44 DEGREES 10 MINUTES
46 SECONDS WEST, 237. 25 FEET TO A POINT IN THE CENTER-LINE OF THE
NORTHEASTERLY END OF A BIRDGE CROSSING PURISIMA CREEK; THENCE CROSSING
SAID BRIDGE AND DOWN THE CENTERLINE OF AN EXISTING 8 FOOT WIDE DIRT ROAD
SOUTH 52 DEGREES 20 MINUTES 33 SECONDS WEST, 142. 00 FEET; THENCE LEAVING
SAID ROAD SOUTH 12 DEGREES 57 MINUTES 08 SECONDS WEST, 216. 07 FEET TO A
POINT IN THAT LINE OF A COMMON BOUNDARY LINE DESCRIBED IN AN AGREEMENT
BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE, FIRST PARTIES,
AND PURISIMA CANYON CO. , A PARTNERSHIP, SECOND PARTIES, DATED JANUARY
18, 1965 AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT
PAGE 236 (FILE NO. 31936-Y) , RECORDS OF SAN MATED COUNTY, CALIFORNIA;
THENCE ALONG SAID AGREED COMMON BOUNDARY LINE, NORTH 79 DEGREES 12
MINUTES 48 SECONDS WEST, 150. 75 FEET TO A 1 INCH 1.--CN PIPE MONUMENT
TAGGED "R. E. 7328" IN PURISIMA CREEK ROAD, FROM WHICH POINT A CONCRETE
NAIL IN THE CENTER OF A CONCRETE BRIDGE OVER PURISIMA CREEK, SET TO MARK
THE POINT OF BEGINNING DESCRIBED IN THE DEED FROM WILLIAM W. MC COY TO
BENJAMIN G. LATHROP, RECORDED JULY 7, 1856 IN BOOK i DEEDS AT PA OF D GE
1, RECORDS OF SAN MATEO COUNTY, CALIFORNIA, BEARS NORTH 14 DEGREES 42
MINUTES 03 SECONDS WEST, 370. 00 FEET, SAID LAST MENTIONED POINT ALSO
BEI
NG THE SOUTHERLY TERMINUS OF THE COMMON BOUNDARY LINE BETWEEN THE
LANDS OF PURISIMA CANYON COMPANY AND THE LANDS OF JEAN B. EDWARDS AND
RUTH J. BERND, AS DESCRIBED IN AGREEMENT DATED MARCH 2, 1965 AND
RECORDED MARCH 30, 1965 IN BOOK 4922 OF OFFICIAL RECORDS AT PAGE 233
(FILE NO. 31935-Y), RECORDS OF SAN MATEO COUNTY, CALIFORNIA; THENCE
ALONG SAID COMMON BOUNDARY LINE, NORTH 1 DEGREES 05 MINUTES WEST, 66. 98
FEET TO AN ANGLE POINT IN THE CENTER LINE OF PURISIMA CREEK ROAD; THENCE
CONTINUING ALONG SAID CENTER LINE, NORTH 25 DEGREES 04 MINUTES 00
SECONDS WEST, 162. 28 FEET; THENCE NORTH 9 DEGREES 35 MINUTES 00 SECONDS
WEST, 58. 00 FEET; AND THENCE NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST,
21. 08 FEET TO A 1 INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" FROM WHICH
SAID CONCRETE NAIL IN THE CENTER OF SAID BRIDGE BEARS NORTH 14 DEGREES
43 MINUTES 02 SECONDS WEST, 68. 10
8 20 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE, NORTH 8 DEGREES 16 MINUTES 00 SECONDS EAST, 59. 92 FEET TO
THE CENTERLINE OF COUNTY ROAD NO. 39; THENCE ALONG SAID CENTERLINE
NORTH 75 DEGREES 46 MINUTES 00 SECONDS WEST, 26. 72 FEET TO THE SAID
CONCRETE NAIL IN THE CENTER OF THE CONCRETE BRIDGE OVER PURISIMA CREEK;
9
s II
THENCE LEAVING SAID LAST MENTIONED COMMON BOUNDARY LINE AND RUNNING
ALONG THE SOUTHWESTERLY LINE OF LANDS QUITCLAIMED BY FLORINDA NELSON AND
A. S. HATCH, ET AL, BY DEED RECORDED JUNE 10, 1927, IN BOOK 296 OF
OFFICIAL RECORDS AT PAGE 440, RECORDS OF SAN MATEO COUNTY, CALIFORNIA;
THENCE NORTH 14 DEGREES 42 MINUTES 03 SECONDS WEST, 1126. 91 FEET TO A 1
INCH IRON PIPE MONUMENT TAGGED "R. E. 7328" SET ON THE NORTHERLY LINE OF
LOT 1 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 5 WEST,
DISTANT THEREON NORTH 89 DEGREES 49 MINUTES 12 SECONDS WEST, 528. 00 FEET
FROM THE LINE BETWEEN SAID SECTION 2 AND SECTION 1, TOWNSHIP 6 SOUTH.
RANGE 5 WEST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 89 DEGREES 49
MINUTES 12 SECONDS EAST, 528. 00 FEET TO SAID LINE BETWEEN SECTION 1 AND
SECTION 2; THENCE NORTHERLY, ALONG SAID DIVIDING LINE, 2640 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS, AS
CONVEYED BY DEED FROM EDWARD J. HIGGINS AND LILLIAN C. HIGGINS.
HUSBAND AND WIFE, TO CHARLES F. STEELE, SINGLE, DATED MAY 19, 1947 AND
RECORDED MAY 23, 1947 IN BOOK 1366 OF OFFICIAL RECORDS AT PAGE 74,
RECORDS OF SAN MATEO COUNTY, CALIFORNIA.
PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6
SOUTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE MERIDIAN LINE OF A ROAD KNOWN AS THE COUNTY
FIRE WARDEN'S ROAD; SAID POINT OF BEGINNING BEING THE FOLLOWING COURSES
AND DISTANCES, ALONG SAID MEDIAN LINE ROAD. FROM THE SOUTHWEST CORNER OF
LOT 47, AS SHOWN ON THAT CERTAIN MAP ENTITLED. "MAP NO. 2 OF SIERRA
MORENA WOODS, " FILED IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY
ON DECEMBER 15, 1924 IN BOOK 12 OF MAPS AT PAGE 12; SOUTH 71 DEGREES 50
MINUTES WEST 157 FEET, SOUTH 24 DEGREES 08 MINUTES WEST 62 FEET, SOUTH 0
DEGREES 42 MINUTES WEST 150 FEET AND SOUTH 25 DEGREES 17 MINUTES WEST 57
FEET TO SAID POINT OF BEGINNING; THENCE CONTINUING ON AND ALONG SAID
MEDIAN LINE, SOUTH 42 DEGREES 39 MINUTES WEST 134 FEET, SOUTH 31 DEGREES
26 MINUTES WEST 150 FEET, SOUTH 64 DEGREES 26 MINUTES WEST 75 FEET AND
SOUTH 84 DEGREES 12 MINUTES WEST 162 FEET; THENCE LEAVING SAID MEDIAN
LINE, NORTH 9 DEGREES 11 MINUTES WEST 210 FEET► NORTH 44 DEGREES 02
MINUTES EAST 315 FEET AND SOUTH 53 DEGREES 46 MINUTES EAST 267 FEET TO
THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING PROPERTY:
1. ALL THAT LAND IN SECTION 31, TOWNSHIP 5 SOUTH. RANGE 4 WEST, MOUNT
DIABLO MERIDIAN AND BASELINE.
2. THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE
5 WEST, MOUNT DIABLO MERIDIAN AND BASE LINE.
ALSO EXCEPTING THEREFROM THE FOLLOWING:
ALL OF LAND DESCRIBED IN THAT CERTAIN MEMORANDUM OF AGREEMENT FOR SALE
ON REAL PROPERTY, RECORDED JUNE 10, 1975 IN VOLUME 6883, PAGE 436,
10
� i
SERIES NO. 57309-AI, SAN MATED COUNTY RECORDS, DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 4
WEST, MOUNT DIABLO BASE AND MERIDIAN. SAID PORTION BEING FURTHER
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LANDS OF EDWARD D.
VALLERGA, AS DESCRIBED IN THAT CERTAIN DEED RECORDED DECEMBER 10, 1957
IN BOOK 3318 OF OFFICIAL RECORDS OF SAN MATED COUNTY AT PAGE 699;
THENCE ALONG THE NORTHEASTERLY LINE OF LAST SAID LANDS SOUTH 53 DEGREES
51 MINUTES 46 SECONDS EAST 265. 38 FEET (SOUTH 53 DEGREES 46 MINUTES EAST
267 FEET PER SAID DEED) TO A POINT ON THE COUNTY FIRE WARDEN'S ROAD);
THENCE ALONG LAST SAID ROAD NORTH 25 DEGREES 17 MINUTES 00 SECONDS EAST
57. 00 FEET AND NORTH 00 DEGREES 42 MINUTES 00 SECONDS EAST 54. 12 FEET;
THENCE LEAVING LAST SAID LINE ALONG THE FOLLOWING COURSES:
NORTH 53 DEGREES 51 MINUTES 46 SECONDS WEST 433. 72 FEET;
SOUTH 36 DEGREES 08 MINUTES 14 SECONDS WEST 161. 20 FEET(
SOUTH 24 DEGREES 38 MINUTES 59 SECONDS WEST 568. 34 FEET(
NORTH 83 DEGREES 12 MINUTES 05 SECONDS EAST 170. 82 FEET;
SOUTH 83 DEGREES 31 MINUTES 41 SECONDS EAST 90. 49 FEET; TO THE SOUTHWEST
CORNER OF SAID LANDS OF VALLERGA.
THENCE ALONG THE BOUNDARY OF LAST SAID LANDS NORTH 9 DEGREES 11 MINUTES
00 SECONDS WEST 210. 00 FEET TO A FOUND 3/4 INCH IRON PIPE MONUMENT;
THENCE CONTINUING ALONG THE LAST SAID BOUNDARY NORTH 44 DEGREES 02
MINUTES 00 SECONDS EAST 312.24 FEET (315 FEET PER SAID DEED) TO AN AXLE
MARKING THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LANDS
AS CONVEYED BY DEED FROM WILLIAM T. WILKINS TO MIDPENINSULA REGIONAL
OPEN SPACE .DISTRICT, A PUBLIC DISTRICT DATED APRIL 11TH, 1984 AND
RECORDED APRIL 20, 1984, SERIES NO. e4041980 OFFICIAL RECORDS OF SAN
MATED COUNTY, CALIFORNIA:
BEGINNING AT THE WESTERLY TERMINUS OF THAT COURSE CALLED "NORTH 87
DEGREES 34 MINUTES it SECONDS WEST 1055. 03 FEET" IN THE GENERAL
NORTHERLY LINE OF THE LANDS DESCRIBED IN LIS PENDENS RECORDED IN BOOK
4640 OF OFFICIAL RECORDS AT PAGE 145 (FILE NO. 86168-W, ) RECORDS OF SAN
MATED COUNTY, CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING NORTH 31
DEGREES 30 MINUTES 20 SECONDS WEST 833. 55 FEET TO AN ANGLE POINT IN SAID
LINE; THENCE CONTINUING SOUTHWESTERLY, ALONG SAID GENERAL NORTHERLY '_iNE
TO THE INTERSECTION THEREOF WITH THE COMMON BOUNDARY LINE DESCRIBED IN
AN AGREEMENT BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA. HIS WIFE,
11 i
i
_ _
I
FIRST PARTIES, AND PURISIMA CANYON CO. , A PARTNERSHIP, SECOND PARTIES,
DATED JANUARY 18, 1965. AND RECORDED MARCH 30, 1965 IN BOOK 4922 OF
OFFICIAL RECORDS AT- PAGE 236 (FILE NO. 31936-Y) RECORDS OF SAN MATED
COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON BOUNDARY, NORTH 40 DEGREES
32 MINUTES 19 SECONDS WEST 1850 FEET; THENCE LEAVING SAID COMMON
BOUNDARY LINE EAST 1200 FEET; THENCE SOUTH 34 DEGREES 45 MINUTES 00
SECONDS EAST 2590 FEET MORE OR LESS TO SAID PREVIOUSLY MENTIONED GENERAL
NORTHERLY LINE DESCRIBED IN SAID LIS PENDENS; THENCE ALONG SAID
NORTHERLY LINE NORTH 87 DEGREES 34 MINUTES 11 SECONDS WEST 1000 FEET TO
THE POINT OF BEGINNING.
PARCEL II:
A NON-EXCLUSIVE EASEMENT FOR PUBLIC EQUESTRIAN/PEDESTRIAN ACCESS (AS
SUCH USE MAY BE DETERMINED BY DISTRICT FROM TIME TO TIME, ) AND VEHICULAR
ACCESS SOLELY FOR DISTRICT. ITS OFFICERS, AGENTS, ND EMPLOYEES FOR
PATROL AND MAINTENANCE PURPOSES OVER THE EXISTING PRIVATE ROAD EXTENDING
FROM HARKINS' RIDGE TO PURISIMA ROAD (PRIVATE) AND THENCE CONTINUING
OVER THE EXISTING PURISIMA ROAD (PRIVATE) TO THE PROPERTY AT
HIGGINS-PURISIMA ROAD (PUBLIC. )
PARCEL III:
THOSE CERTAIN EASEMENT RIGHTS AS CONTAINED IN THE AGREEMENT DATED JULY
15. 1982, AND RECORDED JULY 20, 1982 UNDER SAN MATED COUNTY RECORDERS'
SERIES NO. 82060934, EXECUTED BY AND BETWEEN RANCHO CANADA DE VERDE,
INC. , ALAN HOSKING, DEALING WITH HIS SEPARATE PROPERTY, AND WILLIAM T.
WILKINS, DEALING WITH HIS SEPARATE PROPERTY, DESCRIBED AS FOLLOWS:
A NON-EXCLUSIVE EASEMENT 60 FEET WIDE FOR INGRESS, EGRESS, PUBLIC
UTILITY, AND PUBLIC VEHICULAR PARKING, RUNNING FROM SKYLINE BOULEVARD
LYING WITHIN THE SOUTH 1/2 OF THE SOUTH WEST 1/4 AND LOT 4 OF SECTION
31, TOWNSHIP 5 SOUTH, RANGE 4 WEST, WHICH EASEMENT WILL TEND 30 FE
ET
EET
EACH SIDE OF AND GENERALLY FOLLOWING THE EXISTING ROAD RUNNING WESTERLY
FROM SKYLINE BOULEVARD FOR 450 FEET AND THENCE FROM THAT POINT NARROWING
TO 40 FEET AND CONTINUING WESTWARDLY ALONG SAID EXISTING ROAD TO A POINT
TO A POINT LOCATED APPROXIMATELY 1500 FEET FROM SKYLINE BOULEVARD WHERE
IT INTERSECTS ANOTHER EXISTING ROAD AND THERE TURNING GENERALLY
SOUTHWARD ONTO SAID EXISTING INTERSECTING ROAD AND CONTINUING GENERALLY
SOUTHERLY TO THE POINT OF THAT ROADS INTERSECTION WITH THE SOUTH LINE OF
SECTION 31, TOWNSHIP 6 SOUTH, RANGE 5 WEST, FOR INGRESS AND EGRESS OVER
SAID 40 FOOT WIDE PORTION TO BE LIMITED TO VEHICULAR TRAFFIC FOR PATROL
AND MAINTENANCE PURPOSES ONLY AND TO PUBLIC EQUESTRIAN, .PEDESTRIAN, AND
BICYCLE USE.
PARCEL IV:
BEGINNING AT THE WESTERLY TERMINUS OF THAT COURSE CALLED "NORTH 87
DEGREES 34 MINUTES 11 SECONDS WEST 1055. 08 FEET" IN THE GENERAL
NORTHERLY LINE OF THE LANDS DESCRIBED IN LIS PENDENS RECORDED IN BOOK
4640 OF OFFICIAL RECORDS AT PAGE 145 (FILE NO. 86168-W, ) RECORDS OF SAN
MATEO COUNTY, CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING NORTH 31
12
II _ -
DEGREES 30 MINUTES 20 SECONDS WEST 833. 33 FEET TO AN ANGLE POINT IN SAID
LINES THENCE CONTINUING SOUTHWESTERLY, ALONG SAID GENERAL NORTHERLY LINE
TO THE INTERSECTION THEREOF WITH THE COMMON BOUNDARY LINE DESCRIBED IN
AN AGREEMENT BETWEEN AUGUST CAFFERATA AND VIVIAN CAFFERATA, HIS WIFE,
FIRST PARTIES, AND PURISIMA CANYON CO. , A PARTNERSHIP, SECOND PARTIES,
DATED JANUARY 18, 1963 AND RECORDED MARCH 30, 1963 IN BOOK 4922 OF
OFFICIAL RECORDS AT PAG
E 236 (FILE NO. 31936-Y) RECORDS OF SAN MATED
COUNTY, CALIFORNIA; THENCE ALONG SAID COMMON BOUNDARY, NORTH 40
DEGREES
32 MINUTES 19 SECONDS WEST 1850 FEET; THENCE
LEAVING SAID COMMON
BOUNDARY LINE EAST 120O FEET; THENCE SOUTH 34 DEGREES 45 MINUTES 00
SECONDS EAST 2590 FEET MORE OR LESS TO SAID PREVIOUSLY MENTIONED GENERAL
NORTHERLY LINE DESCRIED IN SAID LIS PENDENS; THENCE ALONG SAID NORTHERLY
LINE NORTH 87 DEGREES 34 MINUTES 11 SECONDS WEST 1000 FEET TO THE POINT
OF BEGINNING.
ASSESSOR'S PARCEL NOS. : 067-191-010; O67-191-O20; 067-29-130;
067-320-310; 067-330-040; 067-330-050; 067-360-020; AND 067-360-040
I
13
I
8508 .12
[EXHIBIT H-3 TO MASTER AGREEMENT]
SECURED PROMISSORY NOTE
$478 ,000 .00 Los Altos, California
August —, 1985
FOR VALUE RECEIVED, on or before August —, 1990 , 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 Four Hundred
Seventy-Eight Thousand Dollars ($478 ,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 shall be paid by
Maker in five ( 5) equal annual installments, each in the amount
of Ninety-Five Thousand Six Hundred Dollars ( $95 ,600 ) , and each
such installment shall additionally include an amount equal to
the accrued and unpaid interest hereunder . 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
August 1986 133 ,840 .00
August 1987 126, 192.00
August 1988 118 ,544 .00
August 1989 110 ,896 .00
August 1990 103 , 248 .00
(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
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 2
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 , " 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
August 8 , 1985 .
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
(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 ) .
Secured Promissory Note
Midpeninsula Regional Open Space District/Hosking
Page 3
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. "
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
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 4
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 .
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
Secured Promissory Note
Midpeninsula Regional open Space District Hoskin
Page 5
Maker , which consent will not be unreasonably withheld. In
connection with foregoing, it is contemplated that this Note
and the Deed of Trust will be assigned to Richard T. Burger
( *Burger" ) and Maker hereby consents to such assignment .
Additionally, maker agrees , upon the request of Burger , to
fractionalize and serialize this Note ( to permit resale by
Burger ) by issuing replacement notes having , in the aggregate,
a principal balance equal to the then unpaid principal balance
hereof , which replacement notes shall otherwise be of like
form, tenor and effect as this Note ( provided that no
replacement note shall be issued in a denomination smaller than
$5 ,000 ) . In connection with any such fractionalization or
serialization of this Note , Maker agrees to bear the cost of
preparing replacement notes and Burger shall bear any and all
other costs .
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
375 Distel Circle , Suite D-1
Los Altos, California 94022
Director
Director
Director
Director
Director
Director
Director
7773H/069 2h
8508 .12
[EXHIBIT H-4 TO MASTER AGREEMENT]
SECURED PROMISSORY NOTE
$478 ,000 .00 Los Altos, California
August —, 1985
FOR VALUE RECEIVED, on or before August , 1995, 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 Four Hundred
Seventy-Eight Thousand Dollars ($478 ,000 .00 ) , together with
interest from the date hereof on unpaid principal at the rate
of nine percent (9%) 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 shall be paid by
Maker in ten ( 10 ) equal annual installments , each in the amount
of Forty-Seven Thousand Eight Hundred Dollars ($47 ,800 ) , and
each such installment shall additionally include an amount
equal to the accrued and unpaid interest hereunder . 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
August 1986 90 ,820 .00
August 1987 86 ,518 .00
August 1988 82 , 216 .00
August 1989 77 ,914 .00
August 1990 73 ,612 .00
August 1991 69 ,310 .00
August 1992 65 ,008 .00
August 1993 60 ,706 .00
August 1994 56 ,404 .00
August 1995 52, 102 .00
(b ) In case any date specified above for the
payment of principal or interest in this Note shall be a legal
Secured Promissory Note
Midpeninsula Regional Open Space District/Hosking
Page 2
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, " 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
August 8 , 1985 .
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
(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
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 3
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 suins
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 . Not-withstanding
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 . "
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 .
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 4
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 OrOVL3Lon hereof LS
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 oe considered a
waiver of any subsequent breach or default .
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 )e
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.
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 5
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. In
connection with foregoing, it is contemplated that this Note
and the Deed of Trust will be assigned to Richard T. Burger
( "Burger" ) and Maker hereby consents to such assignment.
Additionally, Maker agrees, upon the request of Burger , to
fractionalize and serialize this Note (to permit resale by
Burger ) by issuing replacement notes having, in the aggregate,
a principal balance equal to the then unpaid principal balance
hereof , which replacement notes shall otherwise be of like
form, tenor and effect as this Note (provided that no
replacement note shall be issued in a denomination smaller than
$5 ,000 ) . In connection with any such fractionalization or
serialization of this Note, maker agrees to bear the cost of
preparing replacement notes and Burger shall bear any and all
other costs .
15 . Purchase Money obligation. It is understood that
the indebtedness evi enced 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
375 Distel Circle , Suite D-1
Los Altos, California 94022
Director
Director
Director
Director
Director
Director
Director
7774H/0692h
l
'.,.
f
8508 .12
(EXHIBIT H-5 TO MASTER AGREEMENT]
SECURED PROMISSORY NOTE
$750 ,000 .00 Los Altos, California
August —, 1985
FOR VALUE RECEIVED, on or before August - , 1995, 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 Seven Hundred Fifty
Thousand Dollars ($750 ,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 shall be paid by
Maker in ten ( 10 ) equal annual installments, each in the amount
of Seventy-Five Thousand Dollars ($75 ,000 .00 ) , on August _ of
each year , and accrued and unpaid interest hereunder shall be
paid in semi-annual installments on February — and August
of each year .
(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.
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 2
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 , " 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
August 8 , 1985 .
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
(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
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 3
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. "
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
Secured Promissory Note
Midpeninsula Regional Open Space District/Hosking
Page 4
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 .
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
Secured Promissory Note
Midpeninsula Regional open Space District/Hosking
Page 5
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
375 Distel Circle , Suite D-1
Los Altos, California 94022
Director
Director
Director
Director
Director
Director
Director
7666H/0683h
[' IBIT I-1 TO MASTER AGREEY
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
IThb Dead of Trust contain an acceleration clam)
This DEED OF TRUST,made August , 1985, ,between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whose address is 375 Distel Circle, Suite D-1, Los Altos California
(Number and Street) (city) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and
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 trustor shall sell,convey or alienate said property,or any pert thereof,or any interest therein,or shall be divested of his title or any interest
therein in any manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bona
ficiory shall have the right, at its option,except as prohibited by law,to declare any indebtedness or obligations secured hereby,irrespective of the
maturity date specified in any note evidencing the seine,immediately due and payable.
Together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Banafi-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing (1) payment of the sum of$3 3 3 r 5 0 0 with interest thereon according to the terms of a promissory note or
notes of even date herewith made by Trustor, payable to order of Beneficiary,and extensions or renewals thereof,and 12)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Dead ofTrust.
To protect the security of this Deed of Trust,and with respect to the property above described,Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A,and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all
other counties August 18.1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property
is located,noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 566 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 13031 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Butts 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Caleveras 185 338 Madere 911 136 Sae Bonito 300 405 Stanislaus 1970 56
Coluse 323 391 Merin 1849 122 San Bernardino 6213 768 Sutter 655 585
Contra Costa 4684 1 Mripose 90 453 San Francisco A-804 596 Tehe ms 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
EI Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 489 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 SantsCters 6626 664 Yolo 769 16
Imperial 1189 701 Naps 704 742 Santa Cruz 1638 607 Yuba 398 693
Inyo 165 672 Nevada 363 94 Shuts 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said sub-
division A and 8, (identical in NI counties,and printed on the reverse side hereof)are by the within reference thereto,incorporated herein and made
a put of this Deed of Trust for all purposes as fully as if at forth at length herein,and Beneficiary may charge for a statement regarding the obligation
secured hereby.provided the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore sec
forth' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA I Signature of Trustor
COUNTY OF �,,, A Public District
On
before me, the undersigned, s Notary Public in and for said
State,personally appeared
known to me to be the person whom name
subscribed to the within instrument and acknowledged that
executed the some.
WITNESS my hand and official seal.
Signature (This area for official notarial seal) 1192(8/77)
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 evi-3ence 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
8508 .12
EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DATED
AUGUST 1985 ( "Deed of Trust " ) AMONG 141DPEOINSULA REGIONAL
OPEN SPACE DISTRICT ( "Trustor" ) , FIRST AMERICAN TITLE INSURANCE
COMPANY( "Trustee ") AND THE ALA14 HOSKIL14G RANCH, INC.
( "Beneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE
SECURED PROMISSORY NOTE, OF EVEN DATE HEREWIPH, IN THE
PRINCIPAL AMOUNT OF 3333, 500 ( " Promissory Note " )
Description of Real Property ( " 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:
PARCEL A
PARCEL 1
Parcels 1, 2, 3, 4 , 5 , 6 , 7 , 11 , 13 , 14 , 15 and L6 , as shown on
that certain map entitled "CJULJTRY DEVE'LOPMEJP CO. , 3EIi1 ; A
PORTION OF CANADA VERDE Y ARROYO DE LA PURI-iSIAA RANCHO &
PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 s . , 2. 4 w. , ii. D. 3. AND
IA. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF SAN IIATEJ,
CALIFORNIA" , filed in the office of the County Recorder of San
Mateo County, State of California on October 29 , 1971 in 3ook
14 of Parcels Maps at pages 20 and 21 .
PARCEL 2
Parcel "311 as shown on tnat certain map entitled " PARCEL MAP OF
A RESUBDIVISION OF PARCEL 12 AS SHWN JA 2HAT 114AP FILCD iA VOL.
14 , PARCEL MAPS AT PAGES 20 & 21 BEING A PC14 . OF SECS. L7 & 13 ,
T. 6 S, R 4 W, M. D. 3. & M. DESCR13ED IN 7722 OR 2194, SA14 AATEO
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 .
7843ii/0694h
Assessor Parcel Numbers for Parcel A:
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
RESERVING AND EXCEPTING THEREFROM 'THERESA' S LOT" , MORE
PARTICULARLY DESCRIBED AS:
All that portion of Parcel 11 lying weste
rly of the w Y 9 westerly
terl
Y
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 .
Additional Provisions of Deed of Trust
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
i
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 .
2
II
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.
7843H/
3
i
[EXHIBI I- 2 TO MASTER A, EMENT]
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE Alloys THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(This Dad of Tree contains an aoorerablon pause)
This DEED OF TRUST,made August 1985, ,between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whoseaddressis 375 Distel Circle, Suite D-1, Los Altos California
INumber and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE, and
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 trustor shall sail,convey or alienate said property,or any part thereof,or any interest therein,or shall be divested of his title or any interest
therein in any manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bene-
ficiary "I hew the right,at its option,except as prohibited by law,to declare any indebtedness or obligations secured hereby,irrespective of the
maturity date specified in any note evidencing the some,immediately due and payable.
Together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Benefi-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing 11► payment of the sum of$4 8 8 r 0 0 0 with interest thereon according to the terms of a promissory note or
notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof,and(2)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Dated of Trust.
To protect the security of this David of Trust,and with respect to the property above described,Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A,and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all
other counties August 18,1964,in thabook and at the page of Official Records in the office of the county recorder of the county where said property
is located,rioted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Kings 85S 713 Placer 1028 379 Sierra 38 187
Alpine 3 130.31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amedor 133 438 Lessen 192 367 Riv"do 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Caloveres 185 338 Madere 911 136 San Benito 300 405 Stanislous 1970 56
Coluse 323 391 Morin 1849 122 San Bernardino 6213 768 Sutter 655 585
Contra Costs 4684 1 Mripose 90 453 San Francisco A-804 596 Tehama 457 183
Dal Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
EI Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Naps 704 742 Santa Cruz 1638 607 Yuba 398 693
Ingo 165 672 Nevada 363 94 Shasta 800 633
Kam 3756 690 Orange 7182 is Sun Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said sub-
division A and B, (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 Dead of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation
secured hereby,provided the charge therefor does not exceed the maximum allowed by low.
The undersigned Trustor,requiem that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set
forth' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA ] Signature of Trustor
COUNTY OF Ja, A Public District
On
before me, the undersigned, a Notary Public in and for said
State,personally appeared
known to me to be the person whose name
subscribed to the within instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
Signature (This arm for official notarial seal) 1192(8/77)
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 evi2rence 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
•
8508 .12
EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DAT2D
AUGUST —, 1985 ( "Deed of Trust " ) AMONG AIDPENINSULA REGIONAL
OPEN SPACE DISTRICT ( "Trustor" ) , FIRST AMERICAN TITLE INSURANCE
COMPANY( "Trustee " ) AL40 THE ALA14 HOSKING RANCH, INC.
( "Beneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE
SECURED PROMISSORY NOTE, OF F,VEN DATE HEREWITH, IN 2d&
PRINCIPAL AMOUNT OF 3488 ,000 ( " Promissory Note ")
Description of Real Property ( "Property" )
Subject to Deed of Trust
Tne land herein referred to is situated in the State of
California , County of San Mateo, and is described as
foilows:
PARCEL A
PARCF,L 1
Parcels 1, 2, 3, 4 , 5 , 6 , 7 , 11 , 13, 15 and 16 , as shown on
that certain map entitled "COUNTRY DFVL,LJPt4E.T-C CO. , 3EING A
PORTION OF CANADA VERDE Y ARROYO DE LA PURIS3IMA RANCHO &
PORTIONS OF SECTIONS 3 , 17 , & 18 T. 6 S . , R. 4 W. , M. D. 3. A11D
A. IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF Ski MATEO,
CALIFORNIA" , filed in the office of the Cou,ity 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 "3" as shown on tnat certain map entitled "PARCEL MAP OF
A RESU3DIVISION OF PARCr,L 12 AS SHOWN ON THAT MAP FILED IN VOL.
14 , PARCEL MAPS AT PAGES 20 & 21 BEING A PTN . OF SECS. 0 & 18 ,
T. 6 S, R 4 W, M. D. B. & 14. DESCRIBED IN 7722 OR 2194 , SAN 14ATEO
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 .
Assessor Parcel Numbers for Parcel A:
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
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 .
Additional Provisions of Deed of Trust
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 .
2
i
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.
7843H/
3
[E'- -TBIT I- TO MASTER AGREEMT
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDERS USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(This Dotal at Trust contains an moderation clause)
This DEED OF TRUST,made August 1985, between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whose address is 375 Distel Circle, Suite D-1, Los Altos California
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE, and
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 trustor shall ail,convey or alienate said property,or any port thereof,or any interest therein,or shall be divested of his title or any interest
therein in any manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bane-
ficiary shall have the right,at its option,except as prohibited by low,to declare any indebtedness or obligations secured hereby,irrespective of the
maturity date specified In any note evidencing the same,immediately due and payable.
Together with the rents,issues and profits thereof,subject,howr4w,to the right,power and authority hereinafter given to and conferred upon Benefi-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing (1) payment of the sum of$ 4 7 8 0 0 0 with interest thereon according to the terms of a promissory note or
notes of even date herewith made by Trustor,payable to order W Beneficiary,and extensions or renewals thereof,and(2)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Dead of Trust,and with respect to the property above clowribed.Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions at forth in subdivision A,and it is mutually agreed that
each and all of the terms and provisions at forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all
other counties August 18,1964,in the book and at the pop of Official Records in the office of the county recorder of the county where said property
is located,noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amodor 133 438 Lesson 192 367 Riverside 3778 347 Solonc, 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Caloveres 185 338 Modern 911 136 San Bonito 300 405 Stanislaus 1970 56
colum 323 391 Morin 1849 122 Son Bernardino 6213 768 Sutter 655 585
Contra Costs 4684 1 Mariposs 90 453 Son Francisco A-804 596 Tehams 457 183
Del Norte 101 549 Mendocino 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 5052 623 Modoc 191 93 Son Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Nape 704 742 Santa Cruz 1638 607 Yuba 398 693
Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 Son Diego SERIES 5 Book 1964,Pop 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said sub-
division A and 8, (iclaintical in all counties,and printed on the reverse side hereof)are by the within reference thereto,incorporated herein and made
a port of this Dead of Trust for oil purposes as fully a if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation
secured hereby,provided the charge therefor does not exceed the maximum allowed by low.
The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address h*reinbefore set
forth. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA 1 Signature of Trustor
COUNTY OF A Public District
On
before me, the undersigned. a Notary Public in and for said
Stott.porsainaliv appeared
known to me to be the person whose name
subscribed to the within instrument and acknowledged that
executed the some.
WITNESS my hand and official mail.
Signature (This area for official notarial soot) 1192(8/77)
i
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 satis actory evi ence 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
8508 .12
EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DATED
AUGUST _, 1985 ( "Deed of Trust " ) AMONG 141DPENINSOLA 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 $478 ,000 ( "Promissory Note" )
Description of Real Property ( " Property " )
Subject to Deed of Trust
fne 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, 14 , 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 i3 , 17 , & 18 T. 6 S . , R. 4 vi. , M. D. 3. AND
14. 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 "3" as shown on that certain map entitled " PARCEL MAP OF
A AESU3DIVISION 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 14ATEO
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 .
7843H/0694h
Assessor Parcel Numbers for Parcel A:
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
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 .
Additional Provisions of Deed of Trust
i
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 .
2
I
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.
7843H/
3
[EXH-9IT 1- 4 TO MASTER AGREEMEN-1
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS UNI FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
IThis Dead of Trust eorrtairrs an scoolleration clause)
This DEED OF TRUST,made August 1985, between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whose address is 375 Distel Circle, Suite D-1, Los Altos California
(Number' and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and
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 trustor shall sell,convey or alienate sold property,or any part thereof,or any interest therein,or shall be divested of his title or any interest
therein in env manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bene•
ficiary shall he" the right, at its option,except as prohibited by low,to declare any indebtedness or obligations secured hereby,irrespective of the
maturity date specified in any note evidencing the some,immediately due and payable.
Together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Benefi-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing (1) payment of the sum of s 4 7 8 , 0 0 0 with interest thereon according to the terms of a promissory note or
notes of even date herewith made by Trustor,payable to order of Beneficiary, and extensions or renewals thereof,and 12)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Dead of Trust,and with respect to the property above described,Trustor expressly makes each and all of the agreements,
and adopts and&gross to perform and be bound by each and all of the terms and provisions set forth in subdivision A,and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964.and in all
other counties August 18,1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property
is located,noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake 437 110 Plums; 166 1307 Siskiyou 506 762
Amedor 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Calaveres 185 338 Madera 911 136 Son Bonito 300 405 Stanislaus 1970 56
Coluse 323 391 Morin 1849 122 San Bernardino 6213 768 Sutter 655 585
Contra Costs 4684 1 Mariposs 90 453 Son Francisco A-804 596 Tehome 457 183
Del Norte 101 549 Mendocino 667 99 Son Joaquin 2855 283 Trinity 108 595
E I Dorado 704 635 Merced 1660 753 Son Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 Son Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Naps 704 742 Santa Cruz 1638 607 Yuba 398 693
Ingo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 is San Diego SERIES 5 Book 1964,Pop 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said sub-
division A and 8, (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 Dead of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation
secured hereby,provided the charge therefor does not exceed the maximum allowed by►ow.
The undersigned Trustor,requests that a copy of any notice of default mid any notice of sale hereunder be mailed to him at his address hereinbefore set
forth. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA 1 Signature of Trustor
COUNTY OF A Public District
On
before me, the undersigned, a Notary Public in and for said
State,personally appeared
known to me to be the person whose name
subscribed to the within instrument and acknowledged that
executed the some.
WITNESS my hand and official seal.
Signature (This area for official notarial seal) 1192(8/77)
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
3551H/16
2
8508 .12
EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DATED
AUGUST , 1985 ( "Deed of Trust ") AMONG 14IDPENINSOLA REGIONAL
OPEN SPACE DISTRICT ( "Trustor" ) , FIRST AMERICAN TITLE INSURANCE
COMPANY( "Trustee" ) AND rHE ALAN HOSKING RANCH, INC.
( "3eneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE
SECURED PROMISSORY NOTE, OF EVEN DATE HEREWITH, IN 'THE
PRINCIPAL AMOUNT OF 3478 ,000 ( " Promissory Note ")
Description of Real Property ( "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:
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. , 3z!,ING A
PORTION OF CANADA VERDE Y ARROYO DE LA PUR ISS IMA RANCHO &
PORTIONS OF SECTIONS 3 , 17 , & 18 T. 6 S. , R. 4 W. , M. D. 3. AND
A. 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 AESU3DIVISION 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 ,
r. 6 S, R 4 W, M. D. B. & 14. 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 .
i
7843H/0694h
i
Assessor Parcel Numbers for Parcel A:
067-390-110 to 160
061-400-010 to 080
067-410-030
067-410-080
067-410-090
067-410-110
067-410-130
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.
Additional Provisions of Deed of Trust
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 .
2
i
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.
7843H/
3
f
[E IBIT I-5 TO MASTER AGREEM
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
'SPACE AlOys THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(This Gad of Trust-n taM�a an aaoalaratim alum)
This DEED OF TRUST,made August , 1985, ,between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, herein called TRUSTOR,
whoseaddressis 375 Distel Circle, Suite D-1, Los Altos California
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,herein called TRUSTEE, and
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 trustor skull sell,convey or alienate said property,or any part thereof,or any interest therein,or shell be divested of his title or any interest
therein in any menner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,bone-
ficiary Mull have the right,at its option,except as prohibited by law,to declare any indebtednea or obligations secured hereby,irrespective of the
maturity dew specified in any note evidencing the some.immediately due and payable.
Together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Banish-
ciary to collect and apply such rents,issues and profits.
For the Purpose of Securing 111 payment of the sum of S 7 5 O r 0 0 0 with interest thereon according to the tams of a promissory note or
notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof,and 12)the performance of each
agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory rote or notes reciting that they are secured by this Deed of Trust.
To protect the security of this Dead of Trust,and with respect to the property above described.Trusty expressly melees each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A.and it is mutually agreed that
each and all of the terms and provisions set forth in subdivision B of the fictitious dead of trust recorded in Orange County August 17, 1964,and in all
other counties August 18, 1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property
is located,noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alsmedo 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amedor 133 438 Loran 192 367 Riverside 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Celaveres 185 338 Madan 911 136 San Benito 300 405 Stanislaus 1970 56
Coluse 323 391 Morin 1849 122 San Bernardino 6213 768 Sutter 655 585
Contra Coss 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehome 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,tarns and provisions contained in said sub-
division► A and B, (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 Dead of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may change for a statement regarding the obligation
secured hereby,provided the chary"therefor does not exceed the maximum allowed by law.
The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set
fob'. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
STATE OF CALIFORNIA i Signature of Trustor
COUNTY OF �� A Public District
On
before me, the undersigned, a Notary Public in and for said
State,personally appeared
known to me to be the person whoa name
subscribed to the within instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
Signature (This area for official notarial seal) 1192(8/77)
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
3551H/16
2
8508 .07
EXHIBIT A TO DEED OF TRUST WITH ASSIGNMENT OF RENTS DATED
AUGUST 1985 ( "Deed of 'Trust " ) AMONG AIDPENINSULA REGIOAAL
OPEN SPACE DISTRICT ( "Trustor" ) , FIRST AMERICAN TITLE INSURANCE
COMPANY( "Trustee " ) AND THE ALAN HOSKIJG RANCH, INC.
( "Beneficiary") , SECURING THE OBLIGATIONS OF TRUSTOR UNDER THE
SECURED PROMISSORY NOTE, OF EVEN DATE 'HFR0,JIfH, IN THE
PRINCIPAL AMOUNT OF 3750 ,000 ( " Promissory Note" )
Description of Real Property ( " Property" )
Subject to Deed of Trust
Tne land herein referred to is sitaat,�d 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, 14 , 15 and 16 , as shown on
that certain map entitled " CJUN'rqY D,-'V,]LJPAE1-0 CO. , 3EIAG A
PORTION OF CANADA VERDE Y ARROYO DE LA PJR13".3IAA RANCHO
PORTIONS OF SECTIONS 8 , 17 , & 18 T. 6 S . , -z. 4 ti4. , M. D. 3. AND
A. IN THE UNINCORPORATED TERRITORY OF THE COUNTY JF SAN MATEO,
CALIFORNIA" , filed in tne office of tae County RLcorder of San
Mateo County, State of California on October 29 , 1971 is Book
14 of Parcels Maps at pages 20 and 21 .
PARCEL 2
Parcel "3" as shown on tnat certain map entitled " PARCEL MAP OF
A RESU30IVISION OF PARCEL 12 AS SAWN ON THAT MAP FILED IN VOL.
14 , PARCEL MAPS AT PAGES 20 & 21 BEING A Pf--N . OF 13-'-CS. 17 & 18 ,
T. 6 S, R 4 W, M. D. B. & M. DESCRIBED IN 7722 OR 2194 , SA14 AATEO
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 .
it
7843A/0694h
�I
Assessor Parcel Numbers for Parcel A:
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
RES
ERVING 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 MATED, IFO RNI CAL "
A
fi
led
ed
in t
Office of the County Recorder of San Mate he
o Count Sta
te
Y. of
California on October 29, 1971 in Book 14 of Parcels Maps at
pages 20 and 21 .
Additional Provisions of Deed of Trust
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
9 , its
Op
tion,P , to accelerate and
declare the entire principal balance and all accrued and unpaid
interest on the Pro
missory
Note, and all
oth
er sums secured
hereby, immediately due and payable. Consent to one such
transaction shall not be
deemed to be a wa
iver of the right to
require consent to future o r i successive transaction
s .
2
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.
Ili
7843H/
3
CLAIMS No. 85-17
Meeting 85-22
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date-August 15, 1985
I
C L A I M S
T Amount Name Description
8643 1,147,500.00* First American Title Insurance Company Land Acquisition--
Hosking Property
II8644 333,500.00** First American Title Insurance Company Land Acquisition—
Hosking Property
* Subject to change when amount of interest payment
for delay of close of escrow is known.
** Only required if District is unable to renegotiate
the Amaral Notes.
4 �
I
Meeting 85-21
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SUMMARY OF AUGUST 15 , 1985 CONTINUED REGULAR BOARD MEETING
Roberti-Z 'berg Urban Open Space and Recreational Program Grant for
Fiscal Year 1985-1986 - The Board adopted Resolution 85-41 approving
the application for grant funds under the Roberti-Z 'berg Urban Open
Space and Recreation Program (Additions to Coal Creek Open Space Pre-
serve and La Honda Creek Open Space Preserve Acquisition Project) .
Joan Combs
Secretary
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
CONTINUED REGULAR MEETING
BOARD OF DIRECTORS
Thursday 375 Distel Circle, D-1
August 15, 1985 Los Altos, California
A G E N D A
The August 14, 1985 Regular Meeting was continued to
Thursday, August 15, 1985 beginning at 8 : 45 P.M.
(8 :45) ROLL CALL
NEW BUSINESS WITH ACTION REQUESTED
8. Roberti-Z'berg Urban Open Space and Recreational Program
Grant for Fiscal Year 1985-1986 -- C. Britton
Resolution Approving the Application for Grant Funds Under
the Roberti Z'berg Urban Open Space and Recreation Program
(Additions to Coal Creek Open Space Preserve and La Honda
Creek Open Space Preserve Acquisition Project)
(9 :00) CLOSED SESSION (Land Negotiation and Litigation Matters)
TO ADDRESS THE BOARD: When an item you 're concerned with appears
on the agenda , please address the Board at that time. When recog-
nized, please begin by stating your name and address. Conciseness
is appreciated. We request that you complete the forms provided
so that your name and address can be accurately included in the
minutes.
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
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
CONTINUED REGULAR MEETING FROM AUGUST 14
BOARD OF DIRECTORS
AUGUST 15 , 1985
MINUTES
I . ROLL CALL
President Teena Henshaw reconvened the Continued Regular Meeting of
August 14 , 1985 at 9 : 40 P.M. , August 15 , 1985.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Nonette Hanko, Daniel Wendin, and Richard Bishop.
Member Absent: Harry Turner
Personnel Present: Herbert Grench, Craig Britton, Del Woods, Jean
Fiddes , Alice Cummings , Stanley Norton, and Joan Combs.
II . INFORMATIONAL REPORTS
T. Henshaw, with the Board' s concurrence, stated that the addition
of Informational Reports would be made to the agenda at this point
in the meeting. She announced a public workshop to discuss trails
on Long Ridge Open Space Preserve on Wednesday, August 21 at 6 : 00 P .M.
III . NEW BUSINESS WITH ACTION REQUESTED
A. Roberti-Zlberg Urban Open Space and Recreational Program Grant
for Fiscal Year 1985-1986
D. Woods described the proposed additions to the Coal Creek and La Honda
Creek Open Space Preserves and showed the proposed acquisitions on
the wall map. He said the proposed acquisition to Coal Creek Open
Space Preserve could serve as a key point in the Skyline Corridor
Trail . He said the La Honda Creek Open Space Preserve parcel was
located approximately two miles south of La Honda Road and has two
roadside pullout areas that could accommodate approximately two to
five vehicles .
D. Woods showed slides of the proposed additions.
C. Britton said that Roberti-Z 'berg funds will come from proceeds of
the 1984 State bond act for parks. He noted that previous bond acts
had funded several other District projects.
C. Britton said the District 's share of the $22 ,500 ,000 to be
allocated in fiscal year 1985-1986 would be $193 ,825 and would
require 250 of the project cost to be "funded" by the District.
He said the estimated value of the two parcels is approximately
$265 ,000. He said the District would buy the parcels at the
bargain price of $193 ,000 , and the District share would be the
gift portion; therefore there would be no net cost to the District.
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
Dear Mr. and Mrs, Dorfman:
Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin