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2003-006- Approving License Agreement With Sugarpine Limited Partnership For Public Parking At 236 North Santa Cruz Avenue And Authorizing The Town Manager To Sign The License AgreementRESOLUTION 2003 - 006 ADOPT RESOLUTION APPROVING LICENSE AGREEMENT WITH SUGARPINE LIMITED PARTNERSHIP FOR PUBLIC PARKING AT 236 NORTH SANTA CRUZ AVENUE AND AUTHORIZING THE TOWN MANAGER TO SIGN THE LICENSE AGREEMENT WHEREAS the Town o~ Los Gatos adopted a Parking Manager Program on December 17, 2001 and as part of the implementation of the program desires a license :from Sugarpine Limited Partnership (Sugarpine) to allow the Town to use a portion of Sugarpine's property for public parking purposes. WHEREAS Sugarpine is wiling to allow the Town to use the Parking Area for public parking purposes on the terms and conditions set forth in the License Agreement, attached hereto as Exhibit A and incorporated herein by his reference. THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of .:Santa Clara,'State of California, that the License Agreement with Sugarpine Limited Partnership accepting that portion of property described on Exhibit B to the License Agreement as '"Parking Area" for public parking purposes is hereby approved and that the Town Manger is authorized to execute said Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 21st day of January, 2003 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None SIGNED ~l ~~1~_------ AYOR O~'1I~E TOWN OF LOS GATOS LOS GAT~S,; CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS AT LOS GATOS, CALIFORNIA [~ ~~ 6 _ ! } PLEASE RECORD AND RETURN TO: Town Clerk Town of Los Gatos P:O. Box 949 Los Gatos, CA 95030 RECORD WITHOUT FEE UNDER GOVERNMENT CODE.'SECTION 6103 SEPARATE COVER SHEET TO LICENSE AGREEMENT By and Between Sugarpine Limited Partnership, a Nevada limited partnership ("Owner") and the Town of Los Gatos, a municipal corporation ("Town") i i~ ,y RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sugarpine Limited Partnership Attention: William Lewis Bacchi The Eureka Building 236 North Santa Cruz Avenue, Suite 105 Los Gatos, California 95030 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement"), dated for reference purposes as of 2002, is made by and between Sugarpine Limited Partnership, a Nevada limited partnership ("Owner") and the Town of Los Gatos, a municipal corporation ("Town"). RECITALS A. Owner is the owner of certain real property located in the Town of Los Gatos, County of Santa Clara, State of California, commonly known as The Eureka Building, 236 North Santa Cruz .Avenue, Los Gatos, California, .and more particularly described on .Exhibit A attached hereto ("Property"). A portion of the Property, more particularly described on Exhibit B attached hereto and the general location of which is shown in bold outline and labeled as "Parking Area" on the map attached hereto as Exhibit B-1 {"Parking Area"), is currently striped for six (6) vehicle parking spaces. B. On December 17, 2001, at a regularly noticed meeting of the Town, Town adopted a Parking Management Program. As part of its implementation of the Parking Management :Program, the Town desires a license from Owner to .allow the Town to use the Parking Area for public parking purposes on the terms and conditions set forth in this Agreement. Owner is willing to allow Town to use the Parking Area for public parking purposes on the terms and condition set. forth in this Agreement. NOW.,. THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES. HERETO AGREE AS FOLLOWS: 1. Owner :grants to Town anon-exclusive revocable license to use the .Parking .Area for public parking purposes, subject to the terms and conditions set forth in this Agreement ("License"). In the exercise of the License, Town shall be allowed to reasonably regulate the permissible hours of parking by members of the public within the Parking Area, provided such spaces are not designated as less than three (3) hour spaces. The License is personal to Town, is not assignable by Town; and any attempt to assign the License shall automatically terminate it. 2. Town shall have no right by virtue of this License or otherwise to construct or install or maintain any additional :improvements, fixtures, or equipment anywhere within the Property, \\KKS\556285.5 _ 1 _ 092402-10200001 except that it shall be .allowed to re-pave and re-stripe the Parking Area and install parking signs within the Parking Area setting forth the :permissible hours and length of parking, such signs to be .installed in locations approved by Owner (such approval not to be unreasonably withheld) and provided, such .signage does not adversely affect ingress or egress over the driveways, entryways and pedestrian pathways on the remainder of the Property. Town shall, at its sole cost, .maintain the Parking Area during the term of the License, in good, clean and safe condition .and repair. In no event shall any work performed or funds expended in connection with the Parking. Area or the use:, maintenance or repair thereof result in the conversion of this revocable License into an irrevocable .License or other right or interest. 3. The License is granted .for a term of one (1) year, commencing on the date that this Agreement has been signed by Owner and Town. The one (1) year term shall be automatically renewed each year on.the anniversary of the commencement of the term for a period of one (l) year, unless and until either party to this Agreement provides the .other party with written notice of termination of the License ("Termination Notice") not later than sixty (60) days prior to the date that the term would renew but for such Termination Notice. Upon timely delivery of a Termination Notice pursuant to the prior sentence, this Agreement and the License granted hereby shall terminate at the end of then remaining one year period, .and this Agreement and the License shall not thereafter be subject to automatic renewal. Upon termination of the License, Town shall .remove all signage installed by the Town within the Parking Area and repair any damage to the Property resulting from such removal to Owner's reasonable satisfaction. Upon termination of the License, Town shall, not later than ten (10) days after request of Owner, execute such documents as are reasonablyrequested by Owner to evidence the termination of the License and this Agreement. 4. Towri shall pay to Owner the sum of One Dollar ($1) upon the execution of this Agreement and One Dollar ($1) on each anniversary of the commencement of the term of this Agreement, so long as the term is renewed pursuant to Section 3 above. 5. In no event shall the existence of this .Agreement or the License granted. hereunder modify any permissible use or operation of the .Property under applicable laws or result in the imposition of any restrictions on use or operation of the Property. The Town acknowledges and agrees that in determining the allowable use, operation or future development of the Property, the Property shall not be negatively impacted by this Agreement or the License, it being agreed that the allowable use, operation and development of the Property shall be determined without regard to the .existence of this Agreement and the License, as though Owner enjoyed full normal use of the Parking Area as part of the Property. 6. Owner shall have the right from time to time, upon .giving the Town not less than one (1) business days notice (except in the case of an emergency, when no prior .notice shall be required), to temporarily close the Parking .Area (i) to bring equipment into the Parking Area in connection with Owner's maintenance, repair, renovation, development and/or construction of the remainder of the Property ..and improvements thereon, or (ii) to prevent a dedication of all or any portion of the Property. 7. Owner shall have the right to continue to utilize the Parking Area in the manner utilized by Owner prior to the effectiveness of this Agreement, including without limitation for the storage and use of dumpsters serving the remainder of the Property. Owner shall have the \\KKS\556285:5 _2_ 092402-10200001 right to use one or more of the parking spaces within the .Parking Area, and to otherwise expand the area currently utilized for Property dumpsters, for the purpose of expanding .and/or instituting additional dumpster service and installing and using trash compacting and/or recycling equipment and facilities to serve the remainder of the Property. S. Town shall indemnify, defend with counsel reasonably acceptable to Owner, and .hold Owner and Owner's agents, employees, partners, officers, directors, shareholders, members and other representatives harmless against .all claims, .losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from any use of he Parking Area pursuant to this Agreement by the Town or its invitees, agents, employees, contractors or subcontractors or members of the public. Use of the Parking Area shall be at the Town's sole risk, without any obligation on the part of Owner to improve, repair or maintain the same. 9. Town shall obtain and maintain throughout the term of this Agreement, a policy of commercial general liability insurance insuring against claims and liabilities for bodily injury and property damage in, on, or about the .Parking Area. Such insurance shall have limits of not less than Three 1VIillion Dollars ($3,000,000) per occurrence and .Five .Million Dollars .($5;000,000) aggregate, and shall (i) specifically name Owner as an additional insured, (ii) not be canceled or the coverage or liability limits reduced without ten (10) days prior written notice to Owner, and (iii) provide coverage which is primary to any coverage carried by Owner and not in excess thereto.. In addition, Town shall maintain worker's compensation insurance as .required by law. Town shall provide Owner with evidence reasonably satisfactory to Owner of the insurance required by this Agreement prior to any entry onto the Parking Area pursuant to this .Agreement, including an original endorsement issued by the insurer insuring that Dwner has been named as an additional insured as required by this Section above, and prior to expiration of any insurance policy shall provide evidence reasonably satisfactory to Owner that such policy has been renewed or replacement coverage has been obtained. 10. Town acknowledges and agrees that the use and enjoyment of the Parking Area by Town or its invitees, .agents, employees, contractors or subcontractors or members of the public has been, .and remains with the .express permission of Owner, without exception or qualification. In no event shall any use of the Parking Area by the Town or its invitees,, agents, employees, contractors or subcontractors, members of the public or any other persons or entities be deemed a public dedication of all or any portion of the Parking Area or the :grant of .any other right or interest in or to the .Property (other than the limited revocable License expressly described in this Agreement). 11. This Agreement shall be effective on the date that it has been executed in recordable form by the Town .and Owner, the lender having a first lien deed of trust on the Property ("Lender") has duly executed in recordable. form the Lender's Consent attached hereto,. and this Agreement has been recorded in the official records of Santa Clara County, California. Subject to obtaining .the Lender's consent to this Agreement as evidenced by the Lender's execution of the attached Lender's Consent., each person executing this .Agreement on behalf of Owner or Town represents and warrants to the other party that he or she .has full .and proper authority and is fully .and properly empowered to execute this Agreement on behalf of the party for which it is signing. 1\KKS\556285.5 _3_ 092402.10200001 12. If suit is brought to enforce or interpret any ;part of this Agreement, the prevailing party shall be entitled to recover as an .element of its costs of suit, and not as damages, reasonable attorneys' fees and costs. 'This Agreement shall be governed by and construed in accordance with the .laws of the State. of California. This Agreement constitutes the entire agreement between the parties relating to subject matter .hereof and supersedes all .oral communication between the :parties prior to the execution hereof, all understandings and negotiations regarding the same having been merged herein. If for any reason, any provision of this Agreement shall be held to be unenforceable (other than those relating to the revocable nature of this Agreement), it shall not .affect the validity or .enforceability of any other provision of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed originals, and all of which taken together shall constitute one instrument. This Agreement shall be binding upon .and inure to the benefit of the parties hereto and their heirs, ,successors and permitted .assigns. 13. Upon termination of this Agreement, Town. shall, within ten {10) days after written demand, execute in .recordable form .and deliver to Owner such documents requested by Owner to evidence the termination of this Agreement and the .License granted hereby. Notwithstanding the foregoing, Owner's failure to request any such .additional documents and/or Town's failure to execute and deliver such additional documents .shall not delay,. prevent or otherwise affect the termination of this Agreement or the License granted hereby. 14. .All notices, statements, demands, requests, consents, approvals, .authorizations, agreements, or designations required or permitted under this Agreement or by law by any party to any other party shall be in writing and shall be sufficiently given and served upon the other party if personally served; or sent by certified mail, return receipt requested, postage prepaid; facsimile; or sent. by reasonably reliable courier service providing .overnight or sooner delivery, postage prepaid, and addressed as follows: Owner: Sugarpine Limited Partnership Attention: William Lewis Bacchi 236 North Santa Cruz Avenue, Suite 105 Los Gatos.,. CA 95030 Telephone: (408) 354-3188 Facsimile: (408) 354-7328 With a copy to: Berliner Cohen 10 Almaden Blvd., :Suite 1100 San Jose, CA .95113-2233 .Attn: Kathleen K. Siple, Esq. Telephone: (408) .286-.5800 Facsimile: (40.8;) 998-5388 1\KKS\556285.5 _4 _ 092402-10200001 Town: Town of Los Gatos Civic Center 110 E. Main Street Los Gatos, CA 95031 .Attn: Town Manager Telephone: (408) 354-6832 Facsimile: (408) ,399=.5786 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year set forth below. OWNER: SUGARPINB LIMITED PARTNERSHIP, Nevada. limited partnership By: BY: SUGARPINE GROUP, LLC, a Nevada limited liability company, its General Partner ~' y -~: WILLIATVI LEWIS BACCHI, Managing Member TOWN: TOWN OF LOS GATOS, a municipal corporation Debra Fgone, Town Manager ..APPROVED AS TO FORM: Orry P. Korb, Town Attorney ATTEST: Marian Cosgrove, Town Clerk \KKS\556285:5. _5_ 092402-10200001 LENDER'S CONSENT La Salle Bank, N.A., Trustee for the registered holders of Salomon Brothers Mortgage Securities VII, Inc, Commercial Mortgage Pass-Through Certificates, Series 2000-NLI, being the current beneficiary under that certain Deed of Trust, .Assignment of Rents, Security Agreement and Fixture Filing dated as of August 14, 1998 and recorded in the official records of Santa Clara County, CA in August 17, 1998 as .instrument 14337856 ("Deed of Trust") hereby consents to and approves the terms and conditions of the License Agreement set forth above, and agrees that the foregoing License .Agreement .and grant of interest thereunder .shall not constitute a sale, transfer or other conveyance for purposes of Paragraph 19 of the Deed of Trust. La Salle Bank, N.A., Trustee for the registered holders of Salomon Brothers Mortgage :Securities VII, Inc, Commercial Mortgage Pass- Through Certificates, Series 2000- NL 1 By: ORIX Capital Markets, LLC Master Servic~F1 By ' Angela No • is Johnson Loan Servicing .Manager STATE OF ~. KccS ss. COUNTY OF 1~c:~..( IC1:S On ~ ~~a..olc~ ~---- ,before me, ~ (.t:S l ~- ~ . ~ rnt-~~, personally appeared - ~,~r~ p) r~CCi ~ •:~ h n ~' e~» , L_.UAV~ S~!^~t'ei n4 -~~tnao, ,personally known'to me -OR- ^ a_~e _ ~61Slfw t.,r~1'TH Pdtrry P'ubiic f>a ~ T ~y (',omml~fan ~cpl ~' TN: ~lu{y fl, - lJ~ STATE OF ~ ~+e d ~ ~`°- ss. COUNTY OF ~~~~~~. ~~ 1~~~ On ~~ ~~ °' ~ . ,before me, ~~a~~~~~, personally appeared ~- L ~,b ~~, ~ - ~ ~~~~ l~ t , personally known to me -OR- ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)re subscribed to the within instrument and acknowledged to me that ,she/they executed the same in (/her/their authorized capacity(ies), ~~ ~ ~ - ~ , land that by his/her/their signature(s) on ~~ '~ ~~ f~~ ; a~ I ~. ~ ~a~ ~ ~ the instrument the person(s), or the ~~ ~~~.~'ir~~~ t:~t, ~ 1~€ i'~i , ~ ~ ~ ~. ~' ~ ~, ~.~,~ entity upon behalf of which the ,,~~ ~~~ ~+nrni s ~,n~ c< e n~,i~ott a~~ ~~d Person(s) acted, .executed ..the ~;~ ~ nn, ~ c ~.1itn ~t7u~vrr ~~ ~ instrument. e. v ~ otntzt f cpu t Apt Ab OOSr `~ "~ ~ ' R '° `~` WITNESS my hand and official seal. GNAT , OF N ~ ARY proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) .acted, executed the instrument. my hand .and official seal. <_ SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ^ INDIVIDUAL ^ CORPORATE OFFICERS(S) Title(s) PARTNER(S) ^ LIMITED ^ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to .persons relying on the document. ^ INDIVIDUAL ^ CORPORATE OFFICERS(S) Title(s) PARTNER(S) ^ :LIMITED ^ :GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Bfntity(ies) 9l~~~;~a lid ~o~~ ~~ E~I~ A { LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara, Town of Los Gatos, described as follows: PARCEL ONE Beginning at a point on the Southeasterly line of Santa Cruz Avenue a the Northernmost corner of that certain Parcel of land described in the Deed from Dawid N. Merell et ux to Maurce_J. Weiser., et ux, dated November 9, 1937 and recorded November 9, 1937 in Book 848 of • . Official Records, Page 384, Santa Clara County Records; .running thence Northeasterly along the said Southeasterly line of :Santa Cruz ,Avenue, 75.00 feet to the Westernmost corner of that certain parcel of .land • described in the Deed from Thelma Rrk et al. to Joe~Silvey et ux, • dated July 5, 1939, recorded July 8, 1939 in Book 938 of Official Records.., Page 313, Santa Clara County Records; running thence •Southeasterly along the Southwesterly~lne of the land so described.in the Deed to said Silvey, 2.23..70 feet to the Northwesterly line of • land and right of way of the South Pacific Coast Railroad Company; • .running thence Southwesterly along said last named line, 75.00 feet to _ the Easternmost corner of the land sa described in the Deed to said •Weiser; running thence Northwesterly along the Northeasterly line of the land so described in the Deed to Weiser, 220.00 feet., more or iess:; to the point of beginning. • .Excepting therefrom the following described parcel of land thereof. Beginning at the point of intersection of the Southeasterly line of Santa Cruz Avenue, as~the same now exists 60 feet wide., and the Southwesterly line of that certain parcel of land conveyed by Thelma Kirk, et al, to Joe Silvey, et ux, by-Deed. dated July 5, 1939 and . recorded July, 9, 1939 in Book 938 of official Records, at Page 313, .Santa Clara County Records.; thence along said:Southwesterly line of 'the land conveyed to Joe Silvey, et ux, being also the Southwesterly line of that certain parcel of land by Deed from Quentin J. Tobias, et ~ux, to the Town of Los Gatos, dated July 15, 1964 and recorded July 17, 1964 in Book 654.5 of Official Records, page 561, Santa Clara County Records, South 64 deg. 42' 00" East 223.70~feet to the Northwesterly right-of-way line of the Southern Pacific Railroad:! Company; thence along said Northwester y right-of-way line South 21 dweg. 12' 00'" West 8.35 feet; thence leaving said right-of-way ..line North 6O deg. 30' 00" West 8.08 feet.; thence along the .arc of a tangent curve to the .left having a radius of 772.50 feet and a central angle of 4 deg. 11'' 40`" an arc distance of 56.55 feet to a point in a line which is parallel to and distant 'S .68 ..feet Southwesterly at' .right angles from the Southwesterly line of the aforementioned parcel conveyed to Joe Silvey, et ux; thence along said parallel line, tangent to the preceding curve, North 64 deg.. 42' 00" West 137:60 feet; thence along the arc of a tangent curve to the left having. a radius of 19.50 feet and a central angle of 94 deg. 41~' OD" an arc distance of 3 2.22 feet; thence North'69 deg. 23' 00" West 0.50 feet more or less, to a point on the Southeasterly line of the aforementioned Santa Cruz Avenue; thence .along said Southeasterly line North 20 deg. 37~ 00" East '26.-8.9 feet to the point of beginning of -1- ~ ~, this description containing 0.033 of an acre., more or less. Also excepting therefrom the portion as described in the Deed from Eureka Federal'Savings and Loan Association of .San Francisco, a corporation, to the~Town of Los Gatos, a municipal corporation, dated March 2D, 1967, recorded~May 25, 1967 in :Book 773:2 of Official Records, page 223, and being more partcularly~descrbed as follows: The Easterly .25 feet of the property described in the Deed from O. ~~ Theodore Robertshaw and Ruth Blackwell Robertshaw to Eureka Federal ._ Savings and Loan Association of San Francisco, a corporation, dated September 7, 1965 and recorded September 17, 1.965 in Book 7:108, Page 330 in~the Official Records in the Office of the County Recorder of Santa Clara County:, State of California; the Easter y line. of said 25 .feet being the Westerly line of the 80-foot strip of land, as •described in the Deed from John F. Mason to Southern Pacific Coast • Railroad Company in .Book 46, Page 6fi of Official Records in the Office of the County Recorder of Santa Clara County, State of California, and the Westerly. line. of said 25 feet, parallel with and 2'S feet . :Wester y of the Westerly line of said 80-foot strip. of land. ~~ : PARCEL TWO Beginning at a point on the Easterly line of Santa Cruz Avenue (formerly Lexington and Saratoga Road) which said ,point is the Northwesterly corner of lands now or~formerly of .Annie Foster and 75 feet Northerly from the Northwester y corner~of lands of Elizabeth Hubbell (formerly owned by Thomas J. Harrison) and running thence in a .~ Northerly direction along the Easterly line of said Santa Cruz Avenue., 50 .feet;.thence in an Easterly direction and parallel with the Northerly line of lands of said Annie~Foster, 220 feet,~more or less, to the Westerly line of lands of 'the South Pacific Coast Railroad; thence in a Southerly direction along the said Westerly line of lands .' of the South Pacific Coast Railroad 50 .feet to the Northerly line of lands of .said :Annie Foster,, and thence in a Westerly direction along said Northerly line of ands of Annie Foster 220 feet, more or less., .to~the place of beginning and being a part of the land purchased by --James Wheeland of Amos Dow and Wife., by Deed dated June'3, 1887, and .recorded in Book. 94 of Deeds, page 103, records of Santa Clara County, California. Excepting therefrom the portion thereof as described in the Deed from Eureka Federal Savings and Loan Association of San Francisco, a corporation, to the Town of Los Gatos, a municipal corporation, dated March 20, 1967, recorded May 25, 1967 in .Book 7732 of Official Records, Page 223, and being more particularly described as follows: The Easterly 2'S feet of the property as described in the Deed from 0. Theodore Robertshaw and Ruth Blackwell Robertshaw to' Eureka Federal -2- . ~ . Savings and Loan Association~of San Rrancsco, a corporation, dated September 7, 1965 and recorded September 17, 1965 in Book 7108 Page 330, in the~Official Records in the Office of the County Recorder of Santa Clara County, State of California, the Easterly line of said 2S feet being .the Westerly line of the 80-foot strip of land, as described in the Deed from John F. ,Mason to Southern Pacific Coast Railroad Company in Book 46, Page 66 of Official Records in the Office of the County Recorder of Santa Clara County, State'of California, and the Westerly line of said 25 feet, parallel with and 25 feet Westerly of the Westerly line of said 80-:foot strip of land.. PARCEL THREE The. Easterly 25 feet of the property as described in the. Deed from D.. Theodore Robertshaw and Ruth Blackwell. Robertshaw. to. Eureka Federal Savings. and Loan Association of. San Francisco, a corporation, dated September 7, 1965, and recorded September '17~, .1965. in Book 7108,. page 330, in the Official Records. in the. Office of the, County Recorder of :Santa Clara. County, State. of California; the. Easterly line. of said 2'5 feet. being. the. Westerly line of. the. 80- foot strip of .land, as described in the. .Deed from John F. Mason to Southern Pacific Coast Railroad Company. in Book 46,.page 66. of Deeds. of. the. Office of the. County Recorder.'of. Santa. Clara. County,. State. of California,. and Westerly line of. said 25. feet, parallel, with and 25 feet Westerly of.~the. Westerly line. of. said 80-foot. strip. of. land. EXHIBT'T. B Legal Description .PARCEL THREE The. Easterly 25. feet of the. property as described in the. Deed from O.. Theodore. Robertshaw and Ruth Blackwell Robertshaw to. Eureka Federal Savings. and Loan.Assocation of San Francisco,. a corporation, dated September 7, 1965., and recorded September 17, 1965. in Book 7108, page 330,. in the. Official .Records. in the. Office. of the County Recorder. of Santa Clara County,. State. of California;: the. Easterly line. of said 25 feet being the. Westerly line of the 80-foot strip: of land,. as described in the. Deed .from .John F.. Mason to. Southern Pacific. Coast Railroad Company in Book 46, page. 66. of Deeds of the. Office. of the County Recorder. of Santa Clara County, State. of California, and Westerly line. of said 25 feet,. parallel with and 25. feet Westerly of the Westerly line. of said. 80-foot strip. of land. 1KKS1557615.1 _ 1 _ 01-062702-10200001 E7(Ii161T ~ 1 173 73' .FOUND C1-IISELEO "+"• • - - S 5931'25" ~ 81.00 - ~ FOUNO PK NAIL FOUND _ ON ~ • PK NAIL a 0.18 ~ ON~ ~~y~ • ;~ -----_"_ .... ------=--- - ~.~._,_._,•, 0.25 `. V .. ~ _ ~~ .. .~. a. v w: w ~ ...1 _ r•~ ... od ~ I~r A.N. .~ o• w J c.>~ M'~ c.-~' 8.35' 13' t5" N (S 21~ 12' 00" 1-j _ 1 ~.~ {.r'-~r -.~~.~L~~~ ^ _._ ~ 1. '• _ • ~~,. '` PLMtTER -fit ,~ ., ,, N 60' 29' QS" M N .. .. ~ - ~ ~~'~Q ~~ . ~ 7. 1:1' (8108') • _ t ,~~- ~~BOX (SEE DETAIL) FOUNp PLUG 1 E - L.- ~ ~ ~ ~ '~ - LS 329 1 ~ wd~~: • ,,~ i 1 - ~ .. : ~ ~~ DETA)l . ~ ..~ FOUND •~ ~ ~ i. ~ i ~ ~ , - ~~:~ ~~, OPEN ~ _ z~o ~., 1 0 -~ • .. _ . ; zs.o~ 8aoo' ~~~. .~`~I .; . . .. • .i I ~.3' y~ i PLC R of ~ d ; ` I ' •' IY .UPPER.: ` ~ ~ . - - • ~ t ~~ t.0~ 15 r -- ----------- ~'__ -_ ---'--~ --~-- --- --~-~ .1 - .. ~~" 3 ----~---- • ~ __._. _ . ~~ ~~ a ~3 a