HomeMy WebLinkAboutCC Resolution 7259 (Purchase Agreement Option)RESOLUTION No. 7259 A RESOLUTION AUTHORIZING THE SIGNING OI' A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with AMENDMENT TO OPTION TO PURCHASE AGREEMENT BETWEEN WILLIAM T. MURPHY AN11 lTMTTH M. MURPHY, MARIN COUNTY OPEN SPACE DISTRICT AND CITY OF SAN RAFAEL PEP MURPHY PROPERTY - A.P. 10-011-35 (Extending date to and including March 1, 1986). a copy of which is hereby attached and by this reference made a part 1-:ereof . I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby ccrtifv that the foregoing resolution was duly and regularly intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 16TH day Of DECEMBER l9 85 , by the following vote,. to wit: AYES: COUNCILIIE'MBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES : COUNCILAIEI [BERS : NONE ABSENT: COUNCILME HERS : NONE JVNNE M. LEONCINIL, City Clerk AMENDMENT TO OPTION TO PURCHASE AGRESIENT THIS A14ENDMENT TO OPTION TO PURCHASE AGREEMENT IS made and entered into this IL day of December, 1985, by and between 11IILLIAM T. MURPHY and JUDITH M. MURPHY, herein designated "SELLERS" and the MARIN COUNTY OPEN, SPACE DISTRICT, a political subdivision of the State of California, and the CITY OF SAPi RAFAEL, a municipal corporation, hereinafter designated "DISTRICT/CITY" and whereby the parties hereto agree as follows: WHEREAS, SELLERS and DISTRICT/CITY have heretofore entered into an Option to Purchase Agreement dated March 8, 1985 for the purchase of that certain 2.14 acres of land described as Assessor's Parcel 10-011-35, which Option to Purchase is attached hereto and made a part hereof by reference; and WHEREAS, SELLER and DISTRICT/CITY desire to amend said Option to Purchase by extending the term. All other terms and conditions of said Option to Purchase Agreement shall remain the same. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Paragraph 5 (a),"Term of Agreement" is amended as follows: "Because of the special terms of this agreem-nt that fallow below, the term of this Option to Purchase Agreement l extend through to and ex ire TF 1986.c Except as hereinabove amedded, said Option to Purchase Agreement shall continue in full force and eff--ct in all particulars. IN WITNESS WHEREOF, the parties hereto have caused this "Amendment to Option to Purchase Agreement" to be executed by their duly authorized agents on the date first above written. KgRIN COUNTY OPEN SPACE DISTRICT: �:2SLO" - Pres ent, Soard. oaf Directors ATTEST Secret y ' DATE IN CITY GF SPOT RAFAEL Hayor Lai;4rence E. ilial ryan ATT�St- City CV'e'rk Jeanne M. Zeonc� ni DATE % Z/ / (le William T. Murphy Gdudith M. Murphy DATE r 0PT10N TO PURCHASE AGREEMENT i��1. THIS AGRMMENT, made and entered into this / day of 1%voI,- , 1985, by and between WILLIkM T. MURPHY and JUDITH IN1. MURPHY, his :,rife as joint tenants, hereinafter designated "SELLER" and the MARIN COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of California, and the CITY OF SAIF RAFAEL, a municipal corporation, hereinafter designated "DISTRICT/ CITY." W I T N E S S E T H: SELLER is the owner of that certain real property in the City of San Rafael, County of ?Marin; State of California, more particularly described in Preliminary Title Report Number 59231 PWV issued by California Land Title.Company of Marin and by reference incorporated in and made a part of this Agreement as Exhibit "A" hereof; and WHEREAS, DISTRICT/CITY desire to enter into an Option' -to Purchase Agreement and SELLER is willing to enter into said Agree- ment for the consideration and upon the terms and conditions here- inafter set forth. 1. Property to be purchased.. On the terms and subject to the conditions set forth in this Agreement, SELLER agrees to sell and convey to DISTRICT/ CITY the property described in Exhibit "B" and.depicted on Exhibit "C" as said exhibits are attached and made a part hereof by reference comprising appro im atelt' -22-.-� acres of land described as Assessor's Parcel 10-011-35, and DISTRICT%CITY agree to purchase said property from SELLER under the terns and conditions hereinbelob%r. 2. Consideration. DISTRICT/CITY shall pay ONE DOLLAR ($1.00) as the consideration for the option terms and conditions provided herein. 3. Purchase Price. ��'''r�-•. the purchase -1- ' I C AT F. 01V',R NA I price of the properties described herein shall be the suit of FIFTY THOUSAIM DOLLARS ($50,000.00) payable contemporaneously with delivery of a deed to DISTRICT/CITY subject to the terms and conditions provided herein. Title insurance pre-mium, if any, revenue stamps on conveyance, recording fees and other escrow costs shall be borne by DISTRICT/CITY. Taxes shall be prorated and paid by SELLER as of the date of closing of escrow. Evidence of title shall be in the form of a standard owner CLIA policy of title insurance issued by the escrow title company hereabove mentioned. Real Estate commissions will net Abe paid by SELLER nor DISTRICT/CITY. 4. Condition of title. SELLER shall convey said property to DISTRICTfCITY subject to the terms and conditions provided herein by Grant Deed, free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases (recorded and unrecorded), easements, rights-of-way, bonds and any and all restrictions and reservations of record other than exception number 4 contained in the above -referenced Preliminary Title Report as Exhibit "At4. Exception Number 3 of said Preliminary Title Report refers to an Agreement between SELLER and Aileen K. Newman which grants a certain roadway and utilities easement to SELLER. SELLER, prior to th-- recordation of any grants to the DISTRICT/ CITY, will record a deed of reconveyance to Newman covering said easement. 5. Term of agreement. a) Because of special terms of this Agreement by DISTRICT/CITY that follow below, the ternn of this "Option to Purchase Agreement" shall extend thf0tgh to and expire December 31, 1985° b) DISTR /CITY Will acknowledge this Agreement F C Q��� - ,vithzn of the date hereinbelow. C) If DISTRICT/CITY sho not ac ^no clge this Agreement within sad '1 � period, - this A-reement sliall be terminated and be of no force and/or effect, all without liability to either party. d) During this total time period (to December 31, 1985) Paragraph S a) above of this Agreement shall constitute an irrevocable offer by SELLER to enter into this Agreement with DISTRICT/CITY. 6. Special Terms of Agreement. Due to the nature of the Sun Valley Open Space Project, this Option to Purchase Agreement by DISTRICT°/CITY is subject to the follociing: a) The success of a petition by the local neighbor- hood ;roup. b) The formation of an Assessment District by the CITY OF SAN RAFAEL for all of the open space that is desired to be purchased. c) The availability of funds from the Sari. Francisco Foundation (Buck Funds) or other sources - d) An easement for pedestrian use from Richard and Marcella Murphy, the owners of the property adjacent to and westerly of SELLERS. Said pro- posed easement shall be twenty feet in width over a strip of land along the easterly and northerly boundaries of said OWNsER'S property. e) DISTRICT/CITY agree at their sole expense, to perform all necessary survey functions and to prepare all deeds and/or documents which will be required to purchase the herein described property. 7. llISTRICT/CITY and SELLER have set forth the whole of them AbrEoment herein. The performance of this Optio- to Piutthasi� Agveement constitutes the entire cons ideration,for said real property acquisition and shall relieve the DISTRICT/CITY of all further obligations or claims on this account., -3- 8. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the SELLER and DISTRICT/CITY. 9. SELLER and DISTRICT/CITY agree that time is of the essence under this Option to Purchase Agreement. IN WITNESS rJ1-rEREOF, the parties hereto caused this Agreement to be duly executed the day and year first above written. SELLERS: (Z //4 1, /-/�- a r WILLIAM T. MURPHY IV`' �\'k- �U r �. MURPHY Date: r DISTRICT/CITY: vlkRIN COUNTY OPEN SPACE DISTRICT aj T7Z�,. C�Z�16,41 President, Board of Directors ATTEST: Secretary Date: /�, 19? ,S CITY OF SAN RAFAEL: Mayor it lerk Date: August 19, 1985 APP -D AS FORM Vary T. agghia i - City Attorney ,? ;, r �''� •'`v;;:; j Vit, ,pyx• ¢:rt T'at:. -'• si`^-;�:;x+^::.Ry`ti:�'��..•...�•,. a?` -4 � ' j ;.� •,,�_"•r.:-i'L in�tp- �,. -,.� . .P . .�sra$ �";#'= r} ' ;',,c,` i„�•o^a �1�,:;: ' " '�}L'' ;. ,. 'r•.' _ r �;: •'�'• --:�...- {1.` "sro' :�aRi;r�" 3 "'"'^ rh .:t� �==��•:1� ,�r",Y', y''r �':�`g'. r.: �*`r r 9 �' ,';,1... .fi �]:� •.' •�� �,. _ �^-n n•A �: p'F'.4�: •. .s. 'C: Ll': �!�: ":.•s:�,,: •`,•_i:.'� •ti 'i•'...•M"-�d'�G �`•Y` t,';. � ry� •�" ' '.f;.�.t.,•;;':�r,-�:�" :'it' t�:Rt;Yr.•e:.j:.rt•ir, :. X~^ f.:. }�St. a >r•`'j)�y �j.v� �`i, ; tw.v: l'-,\` � .K:' f.:'"='" .. iJ'.�t� 't.' .•.4_'1, af ... i•�.!�'�.,'.'., �. '''f'' Y." ,'�..C,ti• �'R, ��,yi _+rur :Yiy .. — .. . �. ••�,•"'{m�i1 4 i California Land Title: Company of Marin EXHIBIT A California ...and Title Company of E'Darin LJ 851 IRWIN AT THIRD • P.O. BOX 711 • SAN RAFAEL,CA944S5 a (415)454-5323 ❑ 1704 NOVATO BLVD. • P.O- BOY 845 • NOVATO, CA 94947 e (415) 897-5757 ❑ 650 EAST BLITHEDALE AVE. o MILL VALLEY, CA 94941 o (415) 383-8410 PREUMIINARY REPORT PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT (Please Confirm) gate: May 25, 1984 Assessor's Parcel Our No. 59231 pl!f 10-011-35 Your No_ Buyer: Dated as of ...... ay ..... 22 .........10....... at 7:30 A.M. In response to the above referenced application for a policy of title insurance C"'ALIFORNIA10NIK" TITLE OF MAHRIN hereby reports that Is prepared to issue, or cause to be issued, as of the dote hersof, a Policy or Policies of Title Insurance describing the land and the estate or interest thereon. hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forrns. The printed Exceptions and Exclusions from the coverage of said Party or Policies are set forth In the attached list. Copies of the Policy forms should be read. They are available from the ofalce, which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE- PURPOSE HEPURPOSE 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. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy El 2. American Land Title Association Owner's Policy Form B ❑ 3 American Land Titl) Association Residential Title Insurance Policy ❑ 4. American Land Title Association Issuir La ueroTifleInsurance Cchporation •K.< .-•:r].w:_�-:1�'". .. �.. .�..�. •.... � ��_�k•�(.'T n•��-- -rr�:� .v.-.�4"1S�rh�s���;^:t ,•:,�.'• :.r Tf'krP�'���T�..ri�j�-yr. -a�. :. Ym - max.• :a� r,;'� :i:4 ��",riilru- `P�_�'.w•��TxS;:t :� St`. •tr r -=- - - .�- •,r.• �3 �.'��} �ti•. .r}� ;,f•'-• . D: ,;...' r�i'i�' •F�: - - �' � .: • _ i .t.: i'4�a..%,LL. _ - cry �« ,.wUi �. �-t`:J.�j•:.>z �"3 r>.:.c.`" "$.h.�y •w .. � ,pit. �.�' 'C .�R,: '�Jp . 3 - �. �.. F. _ a .E..s..r1-'V Y. � 1 �A . ._'4; 5.i', _ n:' ' ac"� teSs�}y�-��i't L %'�,'}.�'r.,• a 4 k' .. .� c - - - •r•O_,, .. '. - .. 'Fl?� 3 1h'�_�`—}' - .. '• t:'.•ty.Yyr7.'S.�Y, L.x:.4'• CJCa... �. a ,_ _...r.. __. .... _ �.._� _ _.� .�_.._s........x__..,,.�...._.........�.��._....._,_.....__w. - - _ - ' - _..rte ��.�w�:..ar.xa.: � � � . � •r. ,.��ere�Yiw SCHEDULE A Order Nm 59231 Pl7 The estate or interest in the land hereinafter described at refared to covered by this report is a, A FEE as to Parcel_ Ore and AN EASEMENT as to Parcels Two, Three, Four and Five Title to said estate or interest at -the date hereof is vested in: William T. Murphy and Judith Murphy, his wife as Joint Tenants, as to Parcel One; William T. Murphy and Judith' Murphy, his wife, as to Parcel Two and William T. Murphy and Judith M. ML-rphy, his wife as Joint Tenants, who acquired title as William T. and Judith M. Murphy as Joint Tenants; as to Parcels Three; Four and Five The land referred to in this report is situated in the State of Califormia, Cotaty of Florin City of San Rafael and is described as follows: DESCRIPTION ATTACHED 5 •r.•�y. .. -- :•,1': Y}•C.�- ".✓ .Y 4�a � 0.5 ::-a . -,.•y�.�:' _ ,t..;:i:: _ .y�. .� r.7vtN'.'`� r<��:� �Y;"•;;'.r � • -^ ;r,> Tt"<,'w'�vx`ik',��,�'�^5�,.:��r�? tib. '""PP.,. _ _'���'I�•{: ,y. �i�;•••..: •:'• �„�' :`C6:"•3ar' •441' - ra.T >..yr• -•"'t_ � �,` ,. •'d�_ `+S.r.. r t- ' ,gC51. !'�S�Yy}� � 1 ^��' 1 --.-_._•._�...�_..� .-...-.... .,...� �._....�._.�...........•.�i.�.+._. _.+.tet........_- ...� -�. C DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafal., County of Mares State of California, described as follows: PARCEL ONE: BEGINNING at the Northerly corner of Parcel One, as shown on the Parcel Maps Lands of Newman being Parcels described in Deeds recorded in Boob 14W OR 582, 1516 OR 103 and a portion of 274 OR 28, filed February 8, 1973 in Volume 7 of Parcel Maps 0 at page 149, Marin County Records; thence North 37 04' East 352-53 feet to the TRUE POINT OF BEGINNING; thence North 370 04' East to the Southwesterly cornet of Lot 7, Map of Newman Highlands, filed June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records; thence along said line; South 600 45' Eas$' 193.8 feet- thence South 370 04' Rest to a point that bears South 52° 56' East 1920 feet from -the Trt, Point of Beginning (said point also being the Northerly cornu of the •parcel of land described on the deed to Jack N. Newman, recorded November 15, 1961 in Book 1516 of Official Records at page 103, Marin County Records); thence North 520 56' West 1920 fet to the true point of beginning. PARCEL TWO: A NOMI EXCLUSIVE Roadway Easement for ingress and egress purposes and utilities easement over the following described real property, a strip of land 25 feet in width lying Nest of and adjacent to the following described linea BEGINNING at a point on the Northerly line of a 20 foot roadway easemerv# said point also being the Southerly corner of Parcel 2B, as shower in 11bl me 14 of Parcel Mas at page 53, Marin County Records thence from said point of beginning North 38 ' 35' East 34.7.89 ofeet to an angle point in said Parcel 2B above referred to; thence continuing North 38 35' East to a point on the Northerly line of said Parcel 2B; said point being the termination of said easement. PARCEL THREE: AN EASEMENT for roadway and public utilities over that pori+m of Parcel 2B, as shown on that certain Parcel Map entitled "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin County, Cali.", Esled November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records; shown thereon and designated as "roadway and public utilities easement appe-tenznt to parcel 2A." PARCEL (FOUR: AN Easement for roadway purposes twenty (20) feet in width, tate line of which is described as follow, BEGINNING at a paint which bears South 52° 33' 19" East 31_50 feed from the most Northerly corner of Parcel 2B. as shown on that certain map enti-ded, "Parcel Map of Division of Pelrcel 2 Lands of Newman ;(7 Parcel Maps 149) San Rafael, Marin County, Calif.,", filed f6r iecal•d November 9, 1977 in Volume 14 of Parol Maps at page 53, Marin County ft &; thence leaving said point of beginning, South 25 55' 12" Vlest . 54-317 fe6flj thrice out 19° 29' Vies; 74.479 feet; thence song a eve to the right; wlilch eernter bears North 700 31' West 58.00 Gest; an arc length of 34:502 feet, through a central angle of 34 051; which radius is 58.00 feet; thence on a ctxve to F..L'•. Z". .o '1• a! l � yrs: I.•:e+_;}wt. �•4 ,.... I.I.. .-Sw ...�L� �. ..��+••»»..5 1� .r � 4...,i � W � y ;�!•;. �, .. ..... �,. t• •f?��-1,� .��t-�;_•.tir; Ge• 1 , i>x ^I� _�.?� � �, .r...w.r..-.. ...�-.....____......_...�.a�......."._� �I\_ �........�r..r/.u..u- - _w..+r�w.—_- - _. �..l.n:.Y_1 ��i�s-j_��a.� ....._._, .�-i'y--•O.'....G.d"r_W.++'=Y`=`i�+:.a`. ^f. I the left, which center bears South 3e 26' East 35.00 fee an arc length of 37.609 feet, a radius of 35.00 feet through a central angle of 61 347; thence South a 00° East 37.00 feet; thence South 60 51' West 12.67 feet to a point of termination, which said point of termination lies South 510 25' East 13.00 feet frown the MoA Eastzrly corner of Parcel 2A, as showy, on the above mentioned parte map- ri PARCEL FIVE -- A Slope Easement of varying widths of up to thirty (30) feet from the outer e--oxemities of Parcel Four hereinabove for road construction and maintenance purpose,,, . � .0 ..."..wy w+v�w�W.'�+fli.-.^^".^�........1'�1�.v. .r.. 1 .v ... .r-Y..•w.��.n ti ... ..�. ► .• .. - - ��_ _ �_ _ ...w -..}rte �..n .A+�......•.•.�..v�..."rw..tT�^�1.:T^/SFw•.Rt1+1.r'�!{1d..�'.R�+.I ynlLwuT ;.'ly{�a� .i.: '.� :��Y¢7�': �• ';ryk�itj �.?•f�;�,C;• - �.t rt '_ Y,�: iw ::y �::., ;.. ..i�'V frr'e •-1: .... z r '- i� ;k��7 ti ii::aAi yi.i� ��'.I.'J�4��,� r .y- :u+. a .�.'ai...=Q•. rrr'tt'"'': �.6''� s'.:i �.. :�N-:` ,,t - 't,-�t '"i^,�, ^`;�� �.rr•- _ +7� • ' ;37,4 :..�i? QS •'!• :J'S ;�„`.^...'Yl h•a at'"'*.i.'rL ll :'ti •' •-S. ,7-'��0 •,;a '. -.i ?":--,.,;:, x. 1' r:'_yr-r: - :•r -.�, P. •+r•••'•I '�;�\•�i�,•.�fi'P,�-r �• •c_ �•t.r. �+. C.u. •., ,i..�.-tv, w:.s -Wu'3•' y L !JVD . .'ry- -.. _ r :,�`.4 � - _ � .. 1 -gyp .. :�41•y II- _• - _ ';'. i" 0. Jln,�.•. •f.. ._.�....�....•..-_�-..•,+�w.�...r._r.�..W...u..��_.-.r..-•,_.-.,"`j� _...u- __ i.�,.:aJun..M.._-_-.ua.s.r.r..�y -�-r�._,1 � -... .,� - .may �hp.�r�.. 7- SCHEDULE B Order Na. 592-31 PW At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on -the face page of this report would be as f ollows: 1. General and special County and City taxes for the fiscal year 198--1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. Terms, Provisions and Conditions contained in that certain Agreement recorded October 12, 1979 in Book 3625 of Official Records at gage 686, Marin County Records 4. Notice of Violation (Subdivision Map Act) executed by the City of San Rafael, recorded January 18, 1982 as Recorder's Serial No. 82-01767, Marin County Records TAX NOTE: General and special CoLnty and City taxes for the fiscal year 1983-1984'• have been paid in full in the amount of $189.94. Assessor's Parcel No. 10-011-35 Code Area MOO CHAIN OF TITLE: Title of the Vestees herein was acquired six months or more preceding the date hereof. -_=°.�7�` y ' ' - "�K �, n-�Pi,�?a;� T _: i?' .ti: •t( !-.y�...��,a7..r,c:h,s�{' ate, -y-:.,`, ,.x.; � :��' . S "'.y a - - � •,"9il< •y��:��:,yz$ +- .� ,�., �+��'jy1••y - _+� ' C - :ti ��_''lv ..�, .._f��:: CL 'p I. , 6 �^ +}s � .. .. .-0y'F. 1! •a .h+ i� +�r���'Oi?{• � 1 • _ +'��.FT. i+�1. _ ����,���.. ' Sl.• N `�FL$7jr7p�•� �ii�'� i_ •�i� :iti ' • ,-i p- , z n�.*.�r. '.' r n • _ : � ;^yN�ft7�i,'. ,e!�.`.�t..' r:. � r. s• .i - a._-.._ -_._ ._ ra..r—__ - ....-r.._...".- rya... -._. _......+r-.rr_ = _- _,L... -..•a. a- -_ .'�yaidap.1 v1�1Ti'b •S r. _-r!n MAW • • m o�to'U - • V � n BD ` a � M 7 i - •+r o� C- C• (�' S"EV v-"' pr's• a 1 I:_ .,H:,, ::•�,, flocri a n rl to = � � t � • \ � � it `J _ O3y c f2 Cb c1h FI _ x -a =--- ED t 7 CX QL i O p Gy La • - � -� - � =-: = � i s tp to `' • b Cs _ e o _`• _ r; -�f -. .i (� � arm- f+ • c z a7 � � �- � � O a „ •`' ' o n S O C f. n 4 �� 3 ,• n to 10 T7• � � � V y C Q A /Cbk ' IQPJ v s,IC r - En . ._ a �__ . — --... .... .. - ...�- 4....... r..•.....� _...r.,a.�.—«amu _ W. _.r.�.�..�...�." 'a.�v..` �.� a — .�..�L.�1�.Y�YM:' �'—` ".i1:�A3a�paLL'• LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERiCAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS In oddition to the exceptions in Schedule B, you are not insured ogdnst loss, costs. altorreye fees, and expenses resulting friomr 1. Governmental police power. and the existence or violation of any law or gmerrLment regWci Tim This in ud:-s building and zoning ordinances and also laws and regulations concerning: e land use s land division • improvements on the land o environmental protsctioz► This exclusion does not limit the zoning coverage described In items 12 and 13 of Covered Tette G?isks. 2 The right to take the land by condemning it, unless a notice of taking appears in the public records mi the Po icy pate_ 3. Title Risks: • that are created, allowed, of agreed to by you • that are known to you, but not to us. on the Policy Gate - un!ess theyappecyed in thepuLblic reccrd; • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and rncihMal Gen coverage in Item 8 at Covered title Risks 4. Failure to pay va"-ue for your title. 5. Lack of a right: • to any land outside the area specMcalty described and referred to in Iters 3 of Schecwle A or o In streets, alleys, or waterwoys that tauch your land. ;his exclusion does not limit the access coverage In Item 5 of Covered Title Risks - SCHEDULE ® - EXCEPTiONS In addition to the Exclusions, you are not insured against loss, costs, ottomeys' fees, and experras resetting frauz:: Part I (a) Any rights, Interests or claims of parties in possession of the land nor shown by the public records. (b) Any easements or Ivens not shown by the public records. This exception does not limit the lien coverage In item 8 of Covered Title Risks. (c) Any facts about the land which a Correct survey wou!d disclose and which aro not shm-in bythe public records This excepticn does not limit the forced removal coverage in Item 12 of Covered Title Risks, (d) Any water rights, claims or title to water on or under the land. 4. AitilIERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.LIA. ENDORSEMENT FORAM 9 COVERAGE (AMENDED 10-17-79) SCHEDULE OF EXCLUSIONS FROM COVERAGE The foiitDwing matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordnances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the choroder, dimensinnsor location otany improvement now of hertFofter erected on the land. or prohibiting a separation in ownership a., a reduction In the, dimensions or area of the Ichd, +5r the etfecf et any violation of any such law, ordinance or governmental remotion_ 2. R ghts of eminent dorrinin or governmental rights of police power unless notice of the exercae of such rights appear in the• public recotds dt Date of Policy. 3. Defects, liens, encumbrances adverse claims, or other matters (a) created. suffered, assurned ar cgreed to by the. Insured claimant: (6) not known to the Company and not shown by the public records but known to the insured c1drnmteither of Dafe'of Pol(6f 6' at the data guah claimant acquired -on estate or Interest insured by this policy or acquired the, irwwed mortgage and not 81sclbs d Iii wrung by the insured cluirrnant to th© Company prior to the date such [nsau&d ctalmant become one insured heroundef; (e) resulting In no loss or damage to the Insured claimant; (d) attaching or creWa d suts9quer1t to pour of policy (except to the extent Insurance Is afforded herein as to any statutory lien for tabor or nu -Tial ar to the extent insurance is afforded herein as to assessment for street improvements under construction or completed at [)ate at Fbllcy} 4. Unenforceability of the lien of the Insured mortgage because of failure of the insured of Dcrte of Policy or of any subsequent oLrrner of the Indebtedness to comply with applicable "doing business' laws of the state In which the lone# is situated. v' .}ifTM �j.�•[i. :?.:9�. w LM._�>::� .. s ; 'r 6—,.rt - ^c f@''• ad" . ._ a �__ . — --... .... .. - ...�- 4....... r..•.....� _...r.,a.�.—«amu _ W. _.r.�.�..�...�." 'a.�v..` �.� a — .�..�L.�1�.Y�YM:' �'—` ".i1:�A3a�paLL'• LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERiCAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS In oddition to the exceptions in Schedule B, you are not insured ogdnst loss, costs. altorreye fees, and expenses resulting friomr 1. Governmental police power. and the existence or violation of any law or gmerrLment regWci Tim This in ud:-s building and zoning ordinances and also laws and regulations concerning: e land use s land division • improvements on the land o environmental protsctioz► This exclusion does not limit the zoning coverage described In items 12 and 13 of Covered Tette G?isks. 2 The right to take the land by condemning it, unless a notice of taking appears in the public records mi the Po icy pate_ 3. Title Risks: • that are created, allowed, of agreed to by you • that are known to you, but not to us. on the Policy Gate - un!ess theyappecyed in thepuLblic reccrd; • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and rncihMal Gen coverage in Item 8 at Covered title Risks 4. Failure to pay va"-ue for your title. 5. Lack of a right: • to any land outside the area specMcalty described and referred to in Iters 3 of Schecwle A or o In streets, alleys, or waterwoys that tauch your land. ;his exclusion does not limit the access coverage In Item 5 of Covered Title Risks - SCHEDULE ® - EXCEPTiONS In addition to the Exclusions, you are not insured against loss, costs, ottomeys' fees, and experras resetting frauz:: Part I (a) Any rights, Interests or claims of parties in possession of the land nor shown by the public records. (b) Any easements or Ivens not shown by the public records. This exception does not limit the lien coverage In item 8 of Covered Title Risks. (c) Any facts about the land which a Correct survey wou!d disclose and which aro not shm-in bythe public records This excepticn does not limit the forced removal coverage in Item 12 of Covered Title Risks, (d) Any water rights, claims or title to water on or under the land. 4. AitilIERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.LIA. ENDORSEMENT FORAM 9 COVERAGE (AMENDED 10-17-79) SCHEDULE OF EXCLUSIONS FROM COVERAGE The foiitDwing matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordnances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the choroder, dimensinnsor location otany improvement now of hertFofter erected on the land. or prohibiting a separation in ownership a., a reduction In the, dimensions or area of the Ichd, +5r the etfecf et any violation of any such law, ordinance or governmental remotion_ 2. R ghts of eminent dorrinin or governmental rights of police power unless notice of the exercae of such rights appear in the• public recotds dt Date of Policy. 3. Defects, liens, encumbrances adverse claims, or other matters (a) created. suffered, assurned ar cgreed to by the. Insured claimant: (6) not known to the Company and not shown by the public records but known to the insured c1drnmteither of Dafe'of Pol(6f 6' at the data guah claimant acquired -on estate or Interest insured by this policy or acquired the, irwwed mortgage and not 81sclbs d Iii wrung by the insured cluirrnant to th© Company prior to the date such [nsau&d ctalmant become one insured heroundef; (e) resulting In no loss or damage to the Insured claimant; (d) attaching or creWa d suts9quer1t to pour of policy (except to the extent Insurance Is afforded herein as to any statutory lien for tabor or nu -Tial ar to the extent insurance is afforded herein as to assessment for street improvements under construction or completed at [)ate at Fbllcy} 4. Unenforceability of the lien of the Insured mortgage because of failure of the insured of Dcrte of Policy or of any subsequent oLrrner of the Indebtedness to comply with applicable "doing business' laws of the state In which the lone# is situated. . ��'��if �-F¢-'')'^'•3.17'l,, z'y CC�:' ^�+i' �i'�`�i!}'R`:,�i •:a• :r�, a .�y �Y-`� _ � +4 �•vt: _ _ .r�•'.. � - ^cv . _. •'fir r '• ��: �. O - .. '-..i ,. �. ... •� � LIST OF PRINTED EX�.EPTIO S AND EXCLUSIONS 9. CALIFORNIA LAID TITLE ASSOCIATION STANDARD COVEP-41GEi POUCY -1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs. attorneys fees or erpensea any or an of which arise by xeosnn of the: following 1!k Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes c; assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights. interests or claims which are not shown by fie public records but which could be ascertained by an In- spection of the land or by making inquiry of persons in pos- session theecif. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage In area, encrcachments. or any other facts which a correct survey would disclose. and which are not shown by the public records. 5. (a) Urnpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. b. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to In Schedu:e A, or in abutting streets, roads, avenues, alleys, lanes, ways cr woterways, but nothing In this paragraph shall modify or Emit the extent to which the ordinary right of on abutting owner for access to a physically open street or highway is insured by this policy - 7. Any law, ordinance or gouemmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupaincy, use or enjoyment of the land, or regulating the character, d"Imerts4 "m or location of any improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions or area of the land or the effect of any viatc3lon of any such law. ordinance or goveinrnentrr! regutatkxx 8. Rights of emine;rt domain or governmentd rights of police power unless native of the exe=ise of such rights appears in the. public records 9. Defects, liens, encumbrances adverse claims, or other matters (a) created, suffered. assurned or agre"sd to by the insured claimant; (b) not shown by the pubfic records and not otherwise excluded from coverrrgo but known .to the insured claimant either at Date of Policy or of the date such claimant acquired on estate or Interest in ural by this policy or acquired the insured mortgage and not cEsdosed in vAttng by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder. (c) resulting in no loss or damage to the insured claimant; (d:) atlaching or created subsequent to Dote of Policy; or (e) resufting lin toss or damage which would not have been sustained if the insured claimant had been a pur- chaser or encumbrancer for valug without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-97-70) SCHEDULE OF EXCLUSIONS FROM C:OVERAGS 1. Any law, ordinance or governmental regulation (inc;uding but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enloyment of the land, or regulating the character, dimensions or k.)carion of any improvement now or hare'after erected on the Ibnd, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect ct on; iolation of any such ielrv, ordinance or governmental regulation. 2 P ghts of eminent domo!n or governmental rights of po,ice power unless notice of the exercise, ct such rights app�lrs in the, public reccrds at Date of Policy. 3. Defects, liens, encui�h1titaric&§; ddverse Claims, or other matters (a) created, Mferedr assumed or agreed to by the insured Claimant; (b) not known to ttiri Cdrripbny dad not shown by the public records but known to the insured ctalmant either at Data of Poticy or at the do'o such claimant aci:;uked an estate or interest by this policy and not disclosed in writing by theinsur'ed claimant to the Company prior to the date sbl h Insured claimant become an Insured hereunder; (c) fesulting in no loss or damage to the insuredcfatmant (d)attaching: or cr--o,'--d subspquertf to Date of Po'-cy; (e) resulting in loss or damage which would not have been nnllained If tura insured ciaimant had paid value fdr fhd a§fdfe bf inferest insured by this policy. U (List of Printed Exceptions and Exclusions Continued on Revers&Side) k��tl. :'_ . _ .In• ,�Y.r � y - - '^[. i•J 1�I�i A•r 3,1Nw +L•.; aG}.... r - :, y,\:•� _ I � '�_: w�� 'sIn JS ,{�' J'K:.i T" +'A� .'.4j _.� J. l��� •��?ri \P�* Ir' li; �+ d'. ::Y� � ..r,;.r_r'a:'.!T^' _.. •' _�.r .'v�.�': .'I R` 'tn� Yi• r•.t-;_b ,�.: ,����W��.�=� ltu ,. ,�+"``�>i; 'i•.-;y'.�Y. til.' iY• F. e'. �'= ;� i ,tet - ti , li��l"-i11y _ n;.": ..w1yK�' _;`,}.. �:_. •,�i'r: fi _t,..p•�\ :..ia;'..2,;.,...-..?Y<?:;' .•�� • :����,,. ..rt 3 •.H „�c, ;r.. �t5'.a'rki ����it•`.'*'t'tT�X;', . ,�`q'�, rt+: • C a a. - - - . ,- _ '.:F:r i°' L..,�t�`-.'ice �. �yi,'+f.° ' x�ryyi��.�x.YYY l l R .. ...-.. _._._._ _ �._J.- -...�.�....�.�...�a.�.�.u...�...�...w............uu.......i�r..w-.ten. �...�......�..r� 1��.. _.�►.. EXHIBIT "B" ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE COMMENCING at the northerly corner of Parcel One, as shown on that certain map entitled, "Parcel Map, Lands of Newman Being Parcels described in: Deeds recorded in Book 1440 O.R. 5823, 1516 O.R. 103 and a portion of 274 O.R_ 28, San Rafael, Marin Co., California," recorded February 8, 1973 in Volume 7 of Parcel Maps at page 149, Marin County Records; running thence from said POINT OF COMMENCEMENT North 37' 04' East 352.53 feet to the TRUE POINT OF BEGINNING; thence North 37' 04' East 472.7 feet, more or less, to the south- westerly corner of Lot 7, Map of Newman Highlands, recorded June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records; running theme along said line South 60' 45' East 193.8 feet; thence South 37' 04' West 499.0'+ feet, more or less, to a point that bears South 52' 56' East 192-0 feet fron the TRUE POINT OF BEGINNING (said point also being. the northerly corner of the parcel of land described on the deed to Jack W. Newmans recorded November 15, 1961 in Book 1516 of Official Records at'page 103, l­;arir_ County ;records); running thence North 52° 56' West 192.0 feet to the TIRUZ POINT OF BEGINNING. Containing an area of 2.14 acres, more or less. PARCEL TWO A NON EXCLUSIVE Roadway Easement for ingress and egress purposes and utili- ties easement over the following described real property, a strip of land, 25 feet in width lying westerly of and adjacent to the following; described line: BEGINNING at a point on the northerly line of a 20 -foot roadway easement; said point also being the southerly corner of Parcel 2B, as show -n on that certain Parcel Map entitled, "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin County, Calif.", recorded November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records; running thence from said Point of Beginning North 38' 35' East 347.89 feet to an angle point in said Parcel 2B above referred to; thence continuing North 380 35' East to a point on the northerly line o said Parcel 2B; said point being the termination of said easements PARCEL THREE Aii EASERENT for roadway and public utilities over that portion of Parcel 2B, as shown on that certain Parcel Map entitled, "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin; County, Calif.", recorded November 9, 1977 in Volume 14 of Parcel maps at page 53, Marin County Records; shown thereon and designated as "roadway and public utilities easement appurtenant to Parcel 2A." . �V Page 2 PARCEL FOUR -13 . - ,, "F'tr>;,+ �:•�.• '•gyp;.' AN EASEMENT for roadway purposes twenty feet in width, the center line of which is described as follows: BEGINNING at a point which bears South 520 33' 19" East 31.50 feet from the most northerly corner of Parcel 2B, as shown on that certain map entitled "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin County, Calif.", filed for record 'November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records; thence leaving said Point of Beginning South 25' 55' 12" West 54.317 feet; running thence South 19° 29' West 74.479 feet; thence along a curve to the right, the center of which bears North 70° 31' West, an arc length of 34.502 feet, through a central angle of 340 05', which radius is 58.00 feet; thence oa a curve to the left, the center of which bears South 36° 26' East, an arc length of 37.609 feet, a radius of 35.00 feet through a central angle of 61' 341; running thence South 8° 00' East 37.00 feet; thence South 6' 51* West 12.67 feet to a point of termination, which said point of termination. lies South 51' 25' East 13.00 feet from the most easterly corner of Parcel 2A, as shown on the above mentioned parcel nap. PARCEL FIVE A SLOPE EASEMENT of varying widths of up to thirty feet from the outer extremities of Parcel Four hereinabove for road construction and maintenance purposes. 'rq" . �V Page 2 PARCEL FOUR -13 . - ,, "F'tr>;,+ �:•�.• '•gyp;.' AN EASEMENT for roadway purposes twenty feet in width, the center line of which is described as follows: BEGINNING at a point which bears South 520 33' 19" East 31.50 feet from the most northerly corner of Parcel 2B, as shown on that certain map entitled "Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin County, Calif.", filed for record 'November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records; thence leaving said Point of Beginning South 25' 55' 12" West 54.317 feet; running thence South 19° 29' West 74.479 feet; thence along a curve to the right, the center of which bears North 70° 31' West, an arc length of 34.502 feet, through a central angle of 340 05', which radius is 58.00 feet; thence oa a curve to the left, the center of which bears South 36° 26' East, an arc length of 37.609 feet, a radius of 35.00 feet through a central angle of 61' 341; running thence South 8° 00' East 37.00 feet; thence South 6' 51* West 12.67 feet to a point of termination, which said point of termination. lies South 51' 25' East 13.00 feet from the most easterly corner of Parcel 2A, as shown on the above mentioned parcel nap. PARCEL FIVE A SLOPE EASEMENT of varying widths of up to thirty feet from the outer extremities of Parcel Four hereinabove for road construction and maintenance purposes. 1-4 (Dolo �IYYTR ---jr au - OF WILLIA�A Ir. • jo 1-4 (Dolo ---jr au - OF WILLIA�A Ir. • jo Jkl I PM 14-q NLITE W PROP05ED MV F901M MUJAM T JUniV MUMI'(TO M.r,,0,ro.r) MAIN CDLIMTY 0PE-9 45PACE 0eiMir I'd -N VW -Ey OPEN eMCE AQUI�)111CKt job No. 4-950