HomeMy WebLinkAboutResolution No. 5586RETURN TO:
Jeanne IN1. Leoncini
City Clerk
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
PACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 5586
RESOLUTION OF ACCEPTANCE OF GRANT OF
ONE-THIRD (1/3) INTEREST IN REAL PROPERTY
WHEREAS, the City of San Rafael did on February 17, 1976 enter
into a Joint Powers Agreement with the Marin County Open Space.District
and the County of Marin, acting on behalf of County Service Area No. 23,
for acquiring certain property known as the "NUNES PARCEL," and also more
particularly described in the deed from County of Marin, acting on behalf
of County Service Area No. 23, which is attached and by reference is made
a part hereof.
NOW2 THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael, California, does hereby accept that certain deed dated
for and on behalf of the City of San Rafael and
the real property described therein, and the Clerk of said City is here-
by directed to cause said Deed to be duly recorded in the office of the
County Recorder of the County of Marin, State of California, forthwith
upon adoption of this Resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing Resolution was duly and
regularly introduced and adopted at a regular meeting of the Council of
said City on December 18, 1978 by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
J A E M. LONCE
Clerk of the City of San Rafael
WHEN RECORDED MAIL TO:
County of Marin
Department of Public Works
P. 0. Box 4186
Civic Center
San Rafael, CA 94903
Attention: Philip Bates
Space above this line for Recorder's use
GRANT DEED
COUNTY OF MARIN, a political subdivision of the State of California,
acting on behalf of County Service Area No. 23, the first party,
hereby GRANTS to the second parties, the CITY OF SAN RAFAEL, a
municipal corporation, a one-third (1/3) interest, and the MARIN
COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of
California, a one-third (1/3) interest in all that real property
situated in the City of San Rafael, County of Marin, State of
California, as described in Exhibit "A", consisting of four pages,
which is attached hereto and by reference made a part hereof.
Dated:
CHAIRINIAN, BOARD OF SUPERVISORS
ATTEST:
CLERK
STATE OF CALIFORNIA
COUNTY OF MARIN ss.
On this day of 197 before me; the undersigned, a
notary pudic in and for sai County, personally appeared
, known to me to be t e
person whose name is subscribed to the within instrument, and acknowledged
to me that he executed the same.
WITNESS my hand and official seal.
Notary Public in an or sai County � State
Type or print name of Notary
' J
r'
i;0?�, TE_PE E, 1T IS T;_ALLY U::J=:STOOD ANTD AGREED
as LC) 11C1•;s :
1 . Optio _ed Property. On the to--rms and subject to the
conditions set fOZt_1 1n thisCement, Sellers grant to County
t'r_z exclusive right and option to purer,ase the property descr :bed
in Ex',ibit "A" and depicted o- Ex � ':�*:
n�bit comprising approximate-
ly "59
The Optio=n. A. The tern of t'r_e option shall. com once
Seote-ber 1, 1975 and i%i11 termir_ate
eight (8) months rApril
the above Eate subject to exercise of
such oration as provided herein.
B. The County s1 ---all pay to the Sellers the
amount of 0`:E DOLLAR ($1.00) as consider-
alio- of the grar_t of option on said
property.
Y�
C. If the bold election, as referred to
2. Purchase Price.
ixr_�-"Recitals Paragraph (B) OS this
Agree,:_en t, should prove to be unsuccessful
this Agnea- ent ►rill terminate thirty (30)
days hence frorl said bond election_ ana be
r r_
or no force anal effect t'rhatsoever.
Upon the successsul passaG- of the bold
eIeCt-0si
and t' In Ili -,_ --=e n
:i Salo or t o..�_s as rr a to under Recitals.,
Par,ac,- .,.pt, (R) of this Aprce;:-��.l
ent, Co`,- shall exe,10:
-cis- ti
Ilei cinbelo!•r,
(A) County- shall purchase and Sellers trill convey to
County, no later than _p_=1 1, 1976, Parcels A-1
and A-2 as described on E:•_hibit "A" and depicted
on Exhibit "B" for the sum of O�?E. HUNDRED AND EIGHTY
THOUSAT';D DOLLARS ($180,000-00).
(B) Thereafter, County, shall :_ave the option to purchase
Parcels B, C, D, E, and r oz the following schedule,
on or before the follo:•:ir_g dates, at the. -respective
Prices shown:
1.
Parcel
B.,
Ja-uary
1,
'-•977 ...........
$180,000.00
2.
Parcel
C.,
January
1,
1978...........
120,000.00
3.
Parcel
D.,
January?
1,
1979...........
120000.00
4.
Parcel
E.,
January
1,
1-081...........
75,000.00
5. Parcel F., January 1, 3981........... 181,300.00
3. Exercise of Option ane' Clos-ing.
(A) In the event County exercises the optior_(s) and"
elects "to make the sche`uled payments as provided
for in Paragraph 2 (B), County trill notify Seller
in writing no less than thirty (30) days prior to the
scheduled date of such pa}-ment specified in Paragraph
2 (B) above of such election. Thereafter, County
- escro-., +--h-- agreed upon consider -
shall deposit, iation for the resrectivo -areal and the dates in-
dicated in 2 (B) above s' -all be dates by uhicL- the
escro-v: and/or ccnst:,^�mLatio__ of the sale shall close.
PAGE T IiREE
(B) In the event County elects not to exercise option
or make any payment provided in Paragraph 2 (B) on
or before the date scheduled, County hereby agrees
to notify Seiler in i-,-riting no less than thirty
(30) days prior to said scheduled date,
(C) In the e:Tent t'_at the COu ►ty fails to give the
notice set forth in Paragraphs 3 (A) and 3 (B)
herein, for any reason, at the time indicated
a
then failure to give said notice, shall constitute
a z•ialver Of their right to exercise the particular
option as to that parcel and if ?pplicable, the re-
,::aining parcels and the options granted hereunder
shall be :.,ithdrativrn, i -.-awed and all rights and obli-
-atiors pursuant to this Agreement terminated,
(D) In the event that thb County elects, either throua?z
notification or _ailure to provide the same, not to
exercise any of the options set forth above, at or
t-:ithin the tire indicated, then and in that event,
all rights, duties and obligations of the parties
in relation_ to the options of the unacquired parcels
shall thereupon -erninate. It is the express intent
of the parties hereto that the County must, in order
LO a-vail itself of the various options, exercise
them in the sequence set fort: in paragraph 2 (B)
c Dolce, ithlr• the tZ7e=,-ldica ted. That is to say,
the Cou_lty may not s?:1T3 any option date as to one
Pte"'r: el and there -:ter elc�ct to exercise an Option
AGREE -111-'•;T - PAGE FOT'P
as to someother nor ray it exercise any of the
options With respect to the respective parcels out
of order. It is the purpose and intent of this
Agreement that if the County is to acquire any
rights to parcels B through F inclusive, that it
car_ only do so by a sequential election of the
options as set forth herein, anLin no other manner
or fashion. Tilts, in the event that the County....
should, for i,rhatever reason, not elect to exercise
an option as to, for exarple, B, then the agreement
shall terninzte as to not only B but all of the re
ruining parcels .
(E) All of the payments and consideration. referred -to' _
hereunder shall be cash at the time of close, and
in no event later than the date set forth in Para-
graph 2 (B) above.
4. Condition of Title. The Sellers shall convey saidparcels
to the County by Grant Deed, free and clear of all liens and encum-
brances, taxes and assessments, penalties and costs, leases (record-
ed and unrecorded), easements, rights -of -gray, bonds and any and all
restrictions and reservations of record, other than exceptions list-
ed below in Preliminary Title Report No. 33272 issued to the County
by Pacific Coast Title Company of sarin under date of April S, 1975,
a copy of trhich is attached hereto anti incorporated herein: 4, 5 .& 6.
5. Retention of Land and Other Rights By Sellers. It is
understood and aoreei? bet:•:een the County and Sellers that the
Sellers shall retain t1,e fcllot:ii:g 1Gr_ds, easer:;ents, and rights
provided for hereafter:
AGP.E'EME':T - PAGE _ VE
The Sellers sha11 retain title iiz fee to the real
property or,. i,.hich the family home ,. is located
r:hich
is referred to as parcel One on Exhibit "l;." For the
purposes of the adjustments referred to hereafter
and for the purposes of this agreement, the value
of
Parcel One is stipulated to be $10,000.00per acre.
parcel is no;.: fenced and contains three acres-
r..ore or less (a --ea shaded in blue on Exhibit
(b) The Sellers shall also retain title in fee to, and
all maintenance arzd responsibility for, the existing
a___
-Da ed access road to Sellers' residence, as it is
no -1-r situated, fro, Lucas Valley Road to the family
home (area shades in green on Exhibit 'IB,,)
(C) Sellers shall likewise retain_ an easement in per-
petuity- for any adyitior_al land which is now- used
and upon i•,hich is not, located Sellers' septic tank,
leaching line aru attendant equipment, and including
such property as is required for the convenient use
of said system.
J(D) Sellers shall retain title in fee to approximately
ten (10) acres of land adjacent to Old Lucas Talley
Road described as "Parcel Tvo" in Exhibit «Atr as
uepicted 0:11 "Parcel Ti -:o'; on Exhibit "E.'r It is
r_utua l ly agree` that approximately three (3) acres of
said Parcel Ti..o and the areas ir;.m.ediately adjacent
arm 1••-orth, for p,_', -roses of this Agree;. -Lent o -,nib -7
per acre. Those areas are shaded 1 nr iT
oran�-e on Exhibit "IB." The balance of Parcel Tw-o
l.,Gl'i i:•:_::�T - PAG_' SIX
• contains approximately sever_ (7) acres and areas
immediately adjacent are v.orth, for purposes of
this Ag cement only, X521.00 per acre. These areas
are shaded in red on Exhibit "B."
(E) Sellers shall retain all i -.rater rights, into and
comLmensurate with an), and all springs or other
natural water so_._-ces uhich are located on the
real pro-)erty with resp -act to -rhich options to .
purchase are herein granted, after the purchase
of all or -oart anCI the County shall grant to the
o
Sellers at the time .of the exercise of any of said -_
options, as applicable, easements for pips lines
and access to said springs. - =--
(F) The County 1v.ill ;rant to Sellers an easement to
15 feet in taidth for the use in installingC. gas,
ur_deruround electric, rater, underground telephone
C.
and setter lines to serve Parcel One on Exhibit "B".
The location_ of said easement shall be mutually
determined by the parties. The brant of said ease-
ment to the Sellers shall be t.ithout cost to the
Sellers.
(G) The Sellers have constructed, for their o%rn use,
on Parcel D. a tater tank and pug ap house which
services Sellers' residence above-described. Sellers
shall retain, foilo,%in; the exercise of any option
LO purchase Parcel D, title to said tank and pump
house and such other attendant equipment as is a
AGRE•EIIE::T - PAGE -Vriti'
t
• part thereo . The County Frill grant to Sellers
at the tine of the transfer of Parcel D
all ease-
nent in PCrPet!-1i ty for the location of said water
ta_ h, pump house and attendant euuipiment.
It shall
be the sole responsibility of Sellers to maintain
renovate, and repair and service .said tank, nI-, PLImp
house and egt;ipF ent and the ' Co U'
my assumes no res-
uonsibilit :� or liability in that regard_
(�I) The County frill grant to Sellers a nor_eYclusive
flortir_g right -of -xray ease : -,lent or_ and obertI_,e
..
e_-•;istinj dii t road %d ic'•�
2s iLs beginning in -
PARCEL Ti' 0, and run
s in a southerly direction to -=
P :RCELS C ND F as depicted on E:;hibit "B== -to tll- -_-
South,%,esterly boundary of Sellers, property. Said
road is sLo:•rn on Exh•?bit =°B" and sha`
ed in brcl,n.
This floating right -of --:ay easeim.=L shall be in
effect for a period of three (s) years* front and
after the date of execution of this option gAreeren`
and shall autommatically ter ir_aLe aL the expiration
Of that period. In the etienL that the Cour_ty -should,
prior to the eXpiratior_ of that easement, acquire
Parcels C or F as depicted on Exhibit *=D,=
and in
the course of their occlpation or ut-rlizaLion of the
sage cause any of the existing= fences or gates to
v --
be loched, the CoLint " :•,-211 L' o_
y p securing same, furnish
the Sellers t:it;_ sufficient I:eys Lo open said loeka
Ill Ul `Ct t0 uL1_L �e L, rOc Ca l. 1I: z.Cot.nt} t r • .�
t� i 11 no -
L
n n n►� a -i'l n
take any action should it acquire said parcels
during the period of the easenent specific,?
granted hercun;�e_ to blocs- or otherwise hinder
Sellers in their utilization of said road. Ho;,r_
ever, the County underta'es no responsibilitY for
the continued operation or raintenance of said road
it being Sellers' responsibility to keep said road
Open should t;_ey- desire to utilize sar-ne_ T -
respect to the Sellers' retention of property,
constituting their residence designated as Parcel
One as described and depicted on Exhibits '_A*= and -_
"E", the Sellers desire to retain only the area
within the linits of the t' --
..xis �zng fenced area of =
said parcel One. The obligation and cost of relocat-
inJ the existing fence to any nes: alionnent�selected
by the Sellers and a n '
e►: al-igement of the retained
area of Parcel T,•;o shall be the responsibility .of
Sellers in so far as the relocation of existing fences
are concerned.
6. Surveys and Costs. The parties recognize that in order
delineate, define and nark or, the ground,the various r_R
_ohts algid
interests retained by the Sellers, certain engineering and Survey
rrork will have to be performed. Additionally, not only the transfers
but the rights retained hereunder trill require the preparatio,i of
various easements and other docs: tints. All of said survey costs and
docuu.-ient proparat io:z shall be born solelyby the
COUnty Z: np expense
to thle Sellers.
AGREL-4ENT - PrLGE .;
Therefore, specifically, tre County agrees to perform,
such e-:gineerin� and sun vey i:ork as is required to render a
surve, and delineate in the field, all the rights being re-
tained b, the Sellers pursuant to Paragraph 5. hereunder in-
cludi71c, but not lirr_ited to the area retained for the residence
of the Sellers, their septic tanl; and leaching limes, paved
access road, approximately ter_ (10) acres set forth as Parcel
T -.o, e senents for pipe lines and access, utilities and floating T
right -of -i-ay, r l l referred to above.
Additionally, at the time of the transfer of the various
parcels, the County shall be solely responsible for any escrow --
costs Or charJes, including but not limited to the preparation
of title reports, recording an- conveyance fees and other re- =-
lated charges.
7. Price Adjustr1ent. After Conclusion of the boundary
survey on Parcels One and Tt�ro, i..-hich surveys shall be completed
prior to April 1, 1.976, adjustr^er_ts will be rade to the acreage
making up parcels One and Two as provided for herein_. Based upon
the acreage adjustment, an additional dollar adjustment will be
made on the basis of the acre -dollar amounts referred to in Para-
jraph S. above. (510,000.00 per acre for those areas shaded in -
blue a_ -d orange and $521.00 per acre for the areas shaded in red
all as depicted on Exhibit "B".) Thus, depending upon the acreage
0
as -,eri_ied by the surrey and the decision Of Sellers with respect
to relocation of the fence surrounding Parcel One, the total sales
Price of '856,300.00 :,ill be adjusted in accordance Z:rith t?,e
above
acre -dollar amounts, up or do!.:n as the case nay be.
1','ith respect to said adjustments, an amount of $10,000.00
fron the proceeds of the sale of Parcels A-1 and A-2 grill be
held in escroiv- in an interest bearing account until verification
of the survey of Parcels One and T.,,o, and mutual agreement of
both parties as to the dollar -acre adjustment.. Upon completion
of the survey and the exact -acreages. of Parcel One and. -Two, ..the = __
monies held in escrow Will be disbursedzforthi.ith. In -the event
that the survey necessary to reconcile these parcels is not com-
pleted prior to April 1, 1970, then the purchase price -shall be'
released in its entirety to the Sellers and any adjustment in
price shall be ta�:en into accomnt at the time of the excercise of
the next applicable option.
8. Possession and 'Maintenance. Prior to the exercise of
any of the options granted hereun,er, the Sellers shall be entitled
to the sole possession_ and utilization of said property and re•spon-
sible for the maintenance of the same.
9. Tax Proration. It is understood and agreed by the parties.
that at the time of the exercise of any particular option set forth
hereunder, that taxes and other assessments of.record a.n.d levied
against the property shall be prorated to the date of close,
10. Right of First Refusal. It is understood and agreed
by the Sellers and the County that if at any tine in the future
the County declares any of the real property described on Exhibit
"A" and depicted on Exhibit "B" i..hich are attached hereto and made
a part hereof, surplus .by forriall action of the Governing Board,
that -in t1lat event, the Sellers shall. have the right to reacquire
such parcel or pa,,.--c-cls as are declared sure "is by paying to the
ACRFF.\lFr•:T - P<1^F PT F1rFN
COu.-t}' an ami ount equal CO the original price paid to Sellers
b; the County pursuant to the terns a_n� urovisions of ais
A�rec;��;.t. ��CCOr�ri
lgl}', the parties ajree t0 adopt the f011oT:ln�
procedure in the evert of tl,e _eclaratian of surplus by the County:
(_-'1) At such time as the Count;- declares any of said
parcels surplus, the County will pr
ovids Sellers
i: -i th notice of such declaration immediately upon
the Board taking that. act_on .- --
(B) Sellers, thleir heirs, successors or assigns shall
then have a period o -L s i _y (60) days from and
after the receipt of saic notice Tithin kr!?1Ch to
notify t'r.e Count„ of t'r_eir intention to exercise
their -option to reacquire the propert}> in accor- _
dance T•: ith the terrors and provisions of this Para -
cc, r a ph
ara-oraph • -
(C) Upon notification to tine County of their intent
to reacquire the proper -LY, Sellers shall then. have
ninety (90) dans Kithin :•.- .ich to close escrow and
pay the purchase price to the Countyth
for e par_
ticular parcel involved. The ninety C90) period
set forth hereunder shall cormrence upon notification_
by the Sellers, their heirs or assigns of their in-
tent to repurchase time property, or sixty (60) days
from -no tificat icn by Chc Court}• of the declaration
of surplus, T:hiever fi-ist occurs.
(D) The.price to be paid. b}- :.e Sellers to the County
shall. be all cc -:s:_ to thIC County due and Payable at
the, close of escrow—. T h�_ propert}r to be reacquired
AC,RI:E\!ENT - PACT TI FT.VF 2 C-. I1
shall be free or any and all liens, claims or
assessments or an! other ir:.pe;'imer_ts of title.
11. Successors and Assigns. Subject to the terns and
conditions hereof, this Agreement shall be binding upon and.
inure to the benefit of the successors and assigns of the
parties hereto.
12. Noti-fication. The notifications as set forth here-
under shall be given ;within the periods specified herein, :b :-
nail by either -party as applicable, addressed to the respective•
party at the following addresses unless either party notified
the other, in writing, of a charge of said address: =_
To the Sellers: THO`IAS A.& ISA3EL NUNFS -
1475 Lucas Valley Road
Sar_ Rafael, California = -_
cc: CLAXON ANTHOIN11Y
Attorneys at Law
1050 Northgate Drive, Suite 310 =
San Rafael, California 94903 _
To the County: Clerk of the Board of Supervisors
Civic Center
San Rafael, California 94903
STATE OI' CALIF, ORAZ4
ss.
STATE OF CALIFOP.AM
COU_`TTYOF...................Marin............ )ss.
f
rn.Pi-i� LC L'/hP irk Jl
,r �r-r, ... •..r. ryj `'` Irrii j ,yL,�.'.J yir,I'Z�,I •' ,� r'
1"
cov,dery " :'0 n,
'?-Acknov�1cQ�;em�nt
On this ........6th day of..... September in the,yearone thousand nine
hundred and .....75 ................ before me, ............... Frarzce,T.1e..4!
ax.ner........,
-• • • -' .'-. "'MI-1Woned and sworn, personally
On this ....... 16.th..... day of..Se
hundred and l�tzmhe.r...,.,,.,, in the year
.....,.%'5 .............. before me, France; 1e Warner 'nine
ne t
State of Cali`orn' ...........•-
u,an
al�pearecl.......,Ga.ry Giac � ra dulycommwsioned ..................
om i n i and Pe and stuorn
..............................................................ter Me Ye r ' pzronally
...................................
kno
tun to me to be the person .s.., whose name ,s, , .... ......
rurrentand acknotcled�ed to n*z that .. the.Y.., Ces'tbscribed to tine wi
executed the sane. thin
inst
IN i6'IT 1'ESS i;7ILp.EOF I
Official seal in the ., have hereunto se any hand and alli.
Ut this Marin 'd My
s certrficctl •• Cour.�y of .... Ma • `
c firs L e written. ........I...•...... lite tray and year
iVotcry Public, ...... Stale .....................
j of fornia
'11y cortrrtision erpira 2—
C'. 5cc. 1190') ....:-z0-..9 ... .. ...............
AI.L t --aa, certa r_ real property siVulate partly in the City of San Rafael,
caicd pat-tly in Co ny of Mlarin, State of California, described as
folly:;s:
R1R�L ..-I:
REGI.\:NI\G at the : cst westerly corner of the lands conveyed to Rose
Freitas Pose, et al by a deed recorded in Book 1115 at Page 254, Marin
CoLmty Records; thence along the north,,esterly line of said lands
North 33' 4 •'. '." mast 839.188 feet; thence along the northwesterly line
• h north
Of '_.he - l an ds ccntie': ad to Tho? a5 A. Nunes an_G lsabal Nunes, his wife, -by a
d2ed r'.',corted 1115 a'? page 2_.3, �'•ar?n County Racords, "forth 20'
12' 47" Last Silt feat more or less to he sou_harly line Of Terra Linda
galley No. 3;
along the bcu dar; s!,oi,,n on the -,,a-.j of said Terra Linda Valley
No. 3 racor;aed ?n `;sok 10 Of Maps at Page 60 he follo Lna, courses:
157
North :�,� 00 23 , est fee-- ?:,oma or less to the southwesterly. cori:e= -
c_ of s—hid raa, 'north 16' 20' Fast 30.00 feet, Nortit 7010'091 23'!
�:�ost % -.100 _Feet, \orth 4' 001 j''o'est 30.00 feet, North 25' 10' 03" East
65.15 feet, South S5' 00' Vest 52.11 feet, ?.:or'ih 4' 001 West 181:25 feet,
North 73 40 Iies:. 182.51 fees, ::ort, T7 00 North 257.1I feet, or�n 10
591 37" East 50.00 feet, North 28' 00' _ast 155.13 f-eet, N:oi`th 6Z'-03.1 _= _
last 63.59 fee`,a^_-j North 27' 571 I,. -'est 95.32 feet;
71="';CE along u'te boundary shown on the sum-ey of the South Side of Dal
G./a�_Laco =.os, reco-ea In boos. 3 of Sur-%iays at Page 9, ire following .
CCursas: North % ' 02' 111esL 2. ' 1 11,e_i
�- • 9� 5 55 feet, :•.c_ ui 65 37 , � 132.00 feet,
�;o h 46' 12' ::est 50.!'0 feet; thence leaving said line South 43' 00'
:ties; 2330 feet ,:.ore or less to a point on the soutl:•:esterly line of Parcel
On-- of tiff_- lanes cc-nveyed to Thomas A.. runes and Isahel ;dines, his ieLfe,
by a dee'3 reco-ced in Book 535 at Page 109, Marin County Records; t1lence
a?on_g said sou :n--e:;terly line South. 47' 02' East 1300 feet pore or less
to the point of beonnir_g.
PAr'-''EL A-2:
BE GIK.'-. `:G at the ?N'orthwesterly corner of Lot -I5 "Map of Las Colindas,
lir.it F: _:r", recorce` !April 15, 1955 in Book 8 of Maps at Page 49, Marin-
Coun. L. -records, sadd corner being cc,- .on to the lands of Pi;nentel, Freitas,
and "un es; rmninc- thence along the 1"esterly boundary of above mentioned
subdivision and alc;,g the V,"esterly boundary of "terra Linda N10. 2711, recorded
Jul;. 15, 1955 in Boo 8 of :.Maps at Page 83, AMarin County Records, South
10' SW ! 'Vest- 1782.26 .f-., t South 330 441 44 1 st 898.369 feet
to a i:o:zt in -the "teed Lire" between the lands of said Freitas and ';uses;
-diOnce aloha said 'last mentioned line ?.orth 20' 12' 47" East (called No. 20'
F.st in Deed) 2611.023 feet to the point of begi-nnin,.
EXHIBIT `:4"
Sheet 1 of 9 -,w
Donlon coliveVed I)-%rThom=as l, ,:'up.es, et u:�, t0
Dixie School D i stric*_ o `-lari, Co::;_�;�, Califoxzia
b; Deed recorded 17 , 1957 ill- L; ger 1115 of Official
Mar Count-�: eCOrL's
cords �t Page Z95, -.
(b) That portion conveyed by Thomas 'fu nes, e+ U-X,, to
Eichler Homes , Inc. , a corpora_ion by Deed. recorded
August 5, 1958 in Liber 1207 of C ficial •Records at
Page 361, Marin County necord.s -
1...\iICLLL II�11
PA. C -EL B.
"cE - \I:;u at t;� - ost westerly corner of Loi. 112 as shown
on t,ze '•Iap of Terra Linda Valley 1o. 4 recorded in Boot 10
o.� ups, at Pa -ac 6 ' ; thonce along the southeasterly line of
Ln4 land's %Q
1 n.,.,e e•a to the City of Sar. Racael by a deed
^d L
recorded, in Book 19Y2 at Page 41, Marin County Records,
South 41° 11' 28" Kest 392.15 feet to the :;lost southerly
corner of said lands; thence cont-in-ai _g South 44' 11' 23"
u �JL i0 lee_ .1=.i1e or less to _Lim sou Ll;ne of -
Parcel 0.1e o_- te- lands conveyed to l'hcmas z'%.. N'un-�!s anti
Isabel Nunes, his life, by a deed recorded in Book 535 at
Pave 109, '':aria Cou,ity Plecor�d1s; thence along said south-
westerly line South 47° 02' East 15.35 feet riore or less; thence
_voyt'ri 00' Last 2330 feet nore or less to a point on tie
SO1it1 wes+?rly 1_-e of Lot 2 silo, -4n on the Reco-d of Survey Man
of .`.hid South or Del Gana -lo Road recorded in Boo'., 3 of
Sar eys at Page 9 ; thence a i oria said southwesterly line
_north ':C° 12` ;'`est 45.93 feet to the *post z•:estcrly corner of
said Lot 2; Liler.':e �.orth 33° 4?' ;Fest 102.10 fee= to the :.
inos`_. Scuth=71 v go=ner of IioL 43 o; Leri Linda Valley -Un -
4' -
THENCE along the boundary shown on the aforesaid map of
Terra Linda Valley ';o. 4 (10 ,1='ns 64') the follol•ring courses.
North 61' 00' West 218.10 feet, South 66' 00' West- 195.69
fee;., South '75' 52' S7" i est 82.70 feet, South l"47" •30' East
57.20 feet, South 83° 30' West 113.50 feet, South 700 00'
Ile st 50.00 feet, North 20° 00' West 34.20 feet, South 70° 00'
hest S5.50 feet, South S0' 00' Ilest 35.50 feet, North 10° 00'
--st 166.00 feet, North 36' 40' Nest 26.34 feet, South 780 00'
isles t 135 . 45 `eet, %;orth 60' 00' I es t 97.68 feet, Nortli 35' 00'
nest 126.72 feat, South 55° 40' Nest 361.00 feet, ':orth 31° 30'
11!st 116.83 feet, North 46° 00' IiAst 167.27 feet, and North
6S' 30' best 113.72 feet to the point of beginning.
EXii i DIT "A"
t
PARCEL C:
BEGI\\-j\G at the most c•:estej,ly corner of Lot 123 of Terra
Linda Valley No. 4 accorj.nQ to the r.ap thereof recorded
in Boo': 10 of `caps at Page 64; thence along the boundary of the
lands conveve to the City of San. Rafael by a deed recorded
in Book 2137 at Page 5-t Marin_ County Records, the following
coursss : Nor -LIR 86' S7' 36" ''Nest 103.90 feet, South SSS 15'
46" 1'1est 116.99 feet and South 36' 30' East 160.00 feet;
THEN CE cOntir.sirg jO'ath 35' 30' East 50.00 feet to a pozrt
in the northT•;ester ly boundary of the lands Conveyed to* the
City of San Rafael by a deed recorded in Book 1942 at Page 41,
Marin Count} Records; thence along said boundary South SS'
30' .`lest 105.00 feet and thence along a tang: -it curve to t'ze
r? ht, hav7ng a raul'>> of 400 feet) through a Central angle
of =7° 30' a r' -stance or 122.1? feel'. =-
TIT -\CE leaving said boundary and cross Lng lands Of grantors
the follo:;i n? .courses_: ��ortl: 36' 30' ''est 760.59 feet,
North 7° 57'.:7 1 L_ 107'.02 feet, lort'n n3, Fas _ 1030.00
feat and South 7� 57' East 1250.00 feet to a point on the
northerly line of Terra Linda Valley No. 4 distant -thereon
South 640 00' ttiest 200.00 feet from the most northerly
corner of Lot 136 of said ;,yap;
'I';IE,�CE along said northerly line according to the map afore-
said (10 Maps 64) the following courses: South 64' 00' ''lest
449.51 feet South 80" 00' 37" ,•Test 179.55 feet, South 870 20'
''lest 165.36�feet, South 800 00' 1.1est 179.71 feet to the point
of beginning.
LIXHIBI T "A"
n
r• :� th2 : ost no_ -1 corner o- o= 135 of Terra
1:."
:..c�1 acco-din to the rap thereof recor3er' in
T- 1-i' 1, .i i� 'J3 F �'? _.1 10�..- i:c CO: CIS; t a ce
;o:.,'; 11., o. ,�s at �e � , SV S,r � 00 r t, -es
a i _ e no -r _1,er lV bOilnClaT} O. Salt.' _:tll 1 ,r t
�.
said i'_Or the -1,' lisle S7 r 1'i>jt 12J0.00
n io r
-
=:fir.; Z l•:ance S-oit%�l'
"1 J i� I Z ` J ,.. _ — 5 o tz t .: _ - i r _•."_ - :� r.. i J �� C
?; -�-i ,'s� ,' lire o* ? r? One of e lan, -
..I YL Or CSS t0 t �LSt r: J ce
az:? Isabe'_ s, his ,afire, by a
to T'?o- 3s A. dunes - p 139.1 -
�v=01 535 o` 0 iciai e=ro. s ?g--
Lc�d�ci in oo: rl i ;, So��t^ n --j0 - T,iO fee` more
e-' or ger of ? as Col�r.las
[r �" __J; l.�,5 t' - • — i .. -.
Unit
T �� aIon� tri DJoL�.
_ ar • o 10 '
r�_L1�'-:LZ �j �-J aPs
i_ _ ``r rte.=. —00 •1� 1 i�eest 702.92
•�:..:� .%ice} h^'„ 1 ;.1 �.0 .'Ii _`? �..0 �:_ Ses . -Yo_ _.� . O
��e' �:oryh �J� 1G!;' :�ic;7L 1]. -V i e_, � T 7,, (�o r T
1 •• `•� - - _ i� 5, ,�� r S --a s J? GG il:� L i Jli i-11 J9 �J 1'• ii S 1..
7
_ _ +
• `�i ' i est l l .i/v iO�L -o .a Point i
. S011 tri 29 45
95 . u'J reet ant r .
15? T ^�:-T�l j:inci2 t'alle r �o .
t' e-`heaste-1, lire or L�3t q- - _-
fl
__J_ t_
bouda_�, of Terra Li._,a tztliey 2:0. accord -
1;':_.._,..r along thei ` t 1 .
re aid map (10 `Maas bJ; the .o Io:� n_, ccr�_ ses
;n, �0 1G� a�° ee , j,� 00' ;gest 132.91
0 00 �t`est 20 E3 f � forth ., o r
_ nrth 5 '
„ i jest 2b3.52 reit, ':orth b0 OG gest
feet, South 30 CO e r � having
5 . 5 feet ; t ezce along a tangent cu: to the ioh _t r
y ugh a C_ntrai angle of 42 30 pa
a i-r,._ius Of .3'S LCI.�I tl:'10�.J l'a r rtes...
distanze of '_55.91 feet, thence NOra.�; �; 30
Beet `o tho point of beginning -
' ''gip, ;��` �1•i 1 %i� \-T 11 D tl (:irIN. 'Ji:JC _:ire) DarCBl GeScr?�)eu a5
1 J. `/ l l 1
i 0 L -;..Z) .. s .
[,s piesent1V fence,, cons'-aining approximately
` Gip ofeet wide cent
erel
Y2eacres together �:i-!-as la'_lev Road toI i:tg driro:a.
�reselt-
l'
C
C'
r
d
EXIIi ,;I T ';11
i -
Sheet 5 of a
0
PARCEL E;
• iq'fPor ,tion of Parcel Tr,o as described iz the Executors D -~d
'
from Paul A. Pfleuger, as Executor to Thomas A. Nunes and'
Isabel runes, his :;ife, as Joins Tenants, recorced';ovzqber 27,
14.5 in Book 555 oT Official Records, at page 109, 'Marin County
9
er d ��uthe"� O: M_ sou'�h;�•estzxly
Record. ; lying soiiuli est .ly an ou - �' r �.r �, s .
wnd S-e„therly bo�:nea_y line or the Parcel or lmd described in
the Deed from Thus A. tvwies and Isabel Nun -as, his rife, to Horatio
R. Melo e and Carlisle 1. 'Nelore, his wife, recorded July 28, 1959
in Iloo 1298 of Official Records at page 20S, '•`_arin County Records,
erly and southerly lire being described as follO;.s.
said southwesterly ,a 7 r�oT South b0' 3b' 50" 1,' st 1848.3Z North 73* 73° "s2' 30 i,*est 83.99 fe _,
.r�- X; , �, " ' '„ ,•gest 192.27 feet and North 3Z° 30' 20" '".es -
.A., ct, o. _n ;1 �9
622.13 feet to a point in the Noy :rrvvesterly boundary llr_e Of the
lands conveyed to ,\,:ur_?s as aforementioned.
E-,,JIIBIT "N'
rt _ _. G -4 O
T:._; portion of Rancho S c a:' Pedro ,r] Santa ' Iarcyarita y Las
a7 =i -:as bounc-1 d and descric:_ ,as -col OT
.
B EJi. `. T.' �7 a`L Lie South,,, z -jt tori-ar of r:�'r tract OZ 1cP.d
;:hick ::as Conti-evad to Marin CclU.zty for ? Poor House. by deed
dated June 13r , 1380 and re: ;r:�ed it the office of :he
o-17 '-Tarin County in Boos "U'• of Deeds, at page 582;
lor,—r the f --n---- on the northerly side of Lhe
i7
-J " .l ;J' J c.?„Li.:1T ]_�-'.sir » .o a _til PC--o-s __-
• =' e S_c:: `h nost�c- `,'e "S. i„. t�^.er.c? =-t
sa__ roams, _ 1 h!t--n is ^s ti c
SoUt?I Ssu i e5 t J^v . 50 chains a ioi_g the line of a tence to a
S :_ marked "R.;0"; set in tl•i' south'_'iy e :terio= Noun-jary
l i n,E! o --.c the 'Rancho San Pedro Santa `dargarita y Las Gal! inas
fro- .___ch a live Oar: tree !3 inches in d --;---'--ter bi _zed and
SCut.t t)�J' ,' !•ie zz _ 7. J Tee-, distant,
os y"� s ak-e aS-:Z _dna sou--!17� (3?t
East . u3 ch�.ins �c. e or less to apo_ = n. -a k "T _M.3'
the: -t --,a leading said Ranch line and running North 200- East 84
T
chi ns mare or .less, to ttl-- s o u t h e a s Cc:'Ler Of the Poor :--.-
cir-z -Tact E?'ST --hovc me:ll_1_0 a:t; alio r� `lJnj , h? s011tcsrl�
icee o= said tract South JJ' i- %`rest f ---t; South i 9'
18' 1.:0_; , feet; t 78' 4S' :'vest 2'30.1 feet; Norte.
�,.�t. �-5=x.1 �e..t; \ort_n
821 Y5' Vest -4101.4 feet; North 838'.54' :;est 179.3 feet;
': -.1e Y 7 Lilt O' ?euli'.Zg J 4' 30-S feet
_
_
1'7vu 400 acres, r.e Or less
c�;C'-i-?T It'G THE :EZ 1. :�:iD TfiEh-O i► .
(a) i::at portion conveyed by Thomas A. .Nunes, et Lx, to
Horatio (elorie, et L'Y, ?;j Deer,
recorded July ?$, 1959
in Liber 1,m of O ficial Records, at page 205, Marin
County Records.
(b) That portion conveyed by Thomas y. Nunes, et ux, to
the County of `•larin by Deed recorded February 24, 1961
in foo: 1433 of OfficialRecords., at page SSS, l_rin
County Records.
(c) ALSO E\CEPTI'l G THEREFRO'f __'�D TH-i"'O iT that portion
thereof described as =ollo::s .
-r:GI�\I`;�a.t
,► �e southerly boundary of the
Post T.... - � �r_ t.... sou
nancho Sart
Pedro Sane= '•I __-garit—a
,' rias Gall inns; thence
aic lg s^_c'
)o:l:lua��: ` :r`.- `.7' C.
=',s� 3125 Teet :ore or
i_;s tc
n ti:}:ich i�,_ SOlit�
=Jill.
a ll, ,5,: ;:est iro�1
._
0 110
-he
o''t}l c' iti. .O_ _:".`'`01 tl c
r
1 an- s conveyed t0 -
CJ
Ci
-I
`.
O// :c,*,
7Y1r.1 i b ecd r;�J
O:� in l.-:oc, 7�'.12 OE
c
.I�,. i'� 1. _. ..1
a
.. �• �_��,.lcrr���.. 1 ..-v �..Y Js C l_
l
i, .•..', f1 ��1, �..1�~l.v `l]r 1. ��
/'^
1l
�� .. ��_? 1J..:� L(, .. ., more o_•Mle?1 tU said r0. sL
..
c,Jrn:!r of ti�� l _,Tis o�
�it T'11c'_.'� ; Ih ens:; Dion;;
U
T t, t,
(d)
(e)
i
t1,e line of said lands of San Rafael 'North 61"
1ST i2" ;;est %,TE.29 feet a, d �ort'�1 13' lE' 32" 'lest
321.0.E fey;.; thence leaving said line North 36' 30'
-e North 7' 571 i�:est 1022.02 feet
;les t 76 . �i J -: et ; then:.
thence North 32' 03' East 2630.00 feet; thence South
7' 57' Last 650.00 feet; thence South 70° 41' East
1300 feet lore or less to t::e easterly line 'of Parcel
One of the lanis conveyed to Thomas A. Nunes and Isabel
Nunes, phis -,.;L--Fe, by a deed recorded in Book 535 of
Official ;.?e-or'�s at 109; thence a _lo ju said easterly- -
lisle _So:i Ls? ?i)' 'tses `t500 Feet leSs to the noi. -_
of baginninj.
ALSO EXCE_P-TT G T11REFRO`•l AND TIHEREOvT a parcel describes
as follows:
BEGI4'`I`-Gj at- the sru j,-w-sterly end of the course --"Sough
Joy 36' nest 556.15 'Leet" in the genLral southerly- lisle -=
of the lards conveyed to Ho: atio R. Ni lelone and Carlisle :
,`•'I. Melore, his :'rife, by a deed recorded in Book 1295 of
Official- Records of Marin Coun-ty at Page 208;- thence - _--
along said general southerly line North 73' 32' 30" S1est
100 feet; traence leaving said line South 7' 57' East 525
feet; thence North 82° 03' East 500 feet; thence North -
17 33' 15'' East 884 feet ,:ore or lass to the southerly
line 6f the road de -scribed inthe died from ,feria: L. _---
Lucas to the County of :•farin recorded in Book 53 of -
Deeds at Page 76; thence along said southerly line
?forth 50' 24' j�lest �8 feet rlore or less to the boundary
of the aforesaid la�!s of !•!elope; thence along said
boundarf South 54' 36' ,'lest 823 feet more or less to the
point of beginning.
ALSO E CEPTIN:O FMO PARCEL F HEREIN: DESCRIBED a parcel
described as folloWs :
The "dunes Elonelot'� as presently fenced, containinj —
approxinately three acres, together with a strip of
land 50 feet wide'centered on the presently existing
drives -ay fro•.m Luca: Valley Road to said honelot.
J
rrO
V
EXHIBIT "A" �•
r'=' G�£-
•rt,e '�:�u:,�s F:oelot" as presently fe._ced, cc�.ta--iso appxcxi Patel}*
three acres, tole—her With a strip O? luI1:Z ��J ir-t 4:ldz centered On
the _Tires -e tly exi-sting driveway From Lucas Val Road to said
homelot.
FtL':'.t.i. Ti`.V:
:NG t i,:m8 jc:i-.-n iesterly c; -3 O- ti.p co" -1 --se "South S4, 36' Wast
$j -.-j - --I' in the general scul"he -, lin-- Of t` lards COil�leycQ t0
No.Rtio R. til --lone Fund Carlisle Ii. '•'--lone, his :. i �e, by a deed recorded
in Boos: 1298 , o rL G `iici al Records of `'sarin Co=ty at. Paga 208; thence
along said general southerly Line Porth 730 5=' 30" .est 100 Beet,
Ta.it', t.v l2altag said line South i°-' F.asc=� :�8t; teItCL i�ol'th 82" OJ'
�. . ' 1 feet more or less to the
Est 300 ree:., � Wince ..ort�i I?° 33 3" East ,
SOUth'TIV lite of the road describe' in zhe from maria L. Lucas to
t`:e Ce.u:.-y of �a+ i,'�' recorded i n BEoo �: 33 o r ?'�_:� at page 76; thence
along said southerly line :;orth 50' 24' viest 88 feet more or less to
the vomdary o= th.e afores -aid la: -i -.'s of 'Melcne; hence along said _
bo•u day South. S?* 36' 1,1. --est 823 feet core or less to ttie point of
beginning.
EXHIBIT ':a"
Sheet 9 of 9