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1984-179-Approving Third Amendment To Joint Powers Agreement Between The Midpensula Regional Open Space District And The TownRESOLUTION NO. 1984_179 RESOLUTION OF THE TOWN OF LOS GATOS APPROVING THIRD AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND THE TOWN WHEREAS, the Midpeninsula Regional Open Space District ( "MROSD ") and the Town are parties to a Joint Powers Agreement dated April 20, 1981, amended on September 28, 1981 and amended on June 9, 1982, for the joint purchase of Los Gatos Creek Park; WHEREAS, both parties have approved the Agreement in Compromise and Settlement of Disputed Claims which involved litigation regarding said purchase, MROSD by Resolution No. 84 -37 and the Town by Resolution No. 1984 -159; and WHEREAS, MROSD and Town desire to amend the Joint Powers Agreement to be consistent with the terms of the Agreement in Compromise and Settlement of Disputed Claims; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby approve that agreement entitled "Amended Joint Powers Agreement," a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. BE IT FURTHER RESOLVED that the Mayor is authorized and hereby directed to execute said agreement on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 1st day of October , 1984 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and MdVOr Thomas J. Ferrito NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None AMENDED JOINT POWERS AGREEMENT This AMENDED JOINT POWERS AGREEMENT (hereinafter "AMENDED AGREEMENT ") is made this of October, 1984, by and between the Town of Los Gatos, a political subdivision of the State of California (hereinafter "TOWN "), and the Midpeninsula Regional Open Space District (hereinafter "DISTRICT "). WITNESSETH RECITALS: A. TOWN and DISTRICT are "public agencies" within the meaning of Government Code Section 6503, and desire to enter into this Joint Exercise of Powers Agreement, pursuant to the pro- visions of California Government Code Section 6500 et seg., for the reasons and upon the basis hereinafter set forth. B. DISTRICT adopted Resolution Number 81 -26, dated April 8, 1981, approving and authorizing execution of an original Joint Powers Agreement for the cooperative purchase of Los Gatos Creek Park (hereinafter "PARK LANDS "), and further adopted Resolution Number 81 -42, dated September 28, 1981 and Resolution Number 82 -23, dated June 9, 1982 amending said original Joint Powers Agreement. C. TOWN adopted Resolution Number 1981 -89, dated April 20, 1981, approving and authorizing execution of said original Joint Powers Agreement and further adopted Resolution Number 1981 -206, dated September 21, 1981 and Resolution Number 1982 -114, dated June 7, 1982 amending said original Joint Powers Agreement. EXHIBIT "A" Amended Joint Powers Agreement Page 2 D. TOWN, by Resolution Number 1984 -159 dated September 10, 1984 and District, by Resolution Number 84 -37, dated September 12, 1984 have entered into that certain Agreement in Compromise and Settlement of Disputed Claims (hereinafter "SETTLEMENT AGREEMENT ") to acquire said PARK LANDS, which SETTLEMENT AGREEMENT is, in some respects, inconsistent with and will supersede certain provisions of said original Joint Powers Agreement. E. The purpose of this AMENDED AGREEMENT is to provide for funding to purchase said PARK LANDS for open space and recrea- tion purposes by TOWN and DISTRICT, to provide for acquisition and legal services, to establish the final vesting of title to the PARK LANDS, to designate the responsibility for the management and maintenance of the PARK LANDS for recreation and open space use, and to bring the original Joint Powers Agreement into conformity with this SETTLEMENT AGREEMENT. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. PARK LANDS IDENTIFIED. TOWN and DISTRICT confirm their agreement to participate jointly in the purchase of Los Gatos Creek Park (PARK LANDS) consisting of the following real property interests: A. Fee Title Area - Containing approximately one hundred seventy (170) acres, as more particularly described in Exhibit "A" being attached hereto and incorporated herein by this reference, and B. Open Space Easement Area - Containing approximately ninety four (94) acres, as more particularly described in Exhibit "B ", being attached hereto and incorporated herein by this reference. Amended Joint Powers Agreement Page 3 2. ACQUISITION. It is agreed by the parties hereto that DISTRICT shall be responsible for all acquisition activities, including, but not limited to, the initiation and completion of any eminent domain proceedings. At all times during the acquisition process the employees of DISTRICT and TOWN and their expertise will be available for the acquisition project. Staff time and overhead costs of both TOWN and DISTRICT shall be provided at no cost to the other party or the project. It is further agreed that in the event it is necessary to acquire said PARK LANDS by exercise of the power of eminent domain, TOWN and /or DISTRICT shall utilize the legal services as contracted for by DISTRICT, and DISTRICT shall coordinate such activities. Any and all costs of acquisition, including, but not limited to: legal fees, expert witness fees, appraisal and engineer- ing costs, interim use and management and initial site protection costs, fencing, surveying, and costs associated with the terms and conditions of the SETTLEMENT AGREEMENT, and other out -of- pocket expenses shall be shared e ua_ '! (SG, -503 ) b tne parties hereto. _ 3. PURCHASE TERMS. In addition to the equal sharing of the costs of acquisition as above described, TOWN and DISTRICT agree to share equally (50% - 50 %) the total purchase price for said PARK LANDS of Three Million Seven Hundred Thousand and No /100 Dollars ($3,700,000.00) as stipulated in said SETTLEMENT AGREEMENT. In addition to the amount of Fund monies as established in Para- graph 14 herein and the advance of the net grant amount by DISTRICT as provided in Paragraph 13 herein, TOWN and DISTRICT shall each deposit into escrow, on or before Thursday, October 18, 1984, along with any and all respective documents necessary for closure, the amount of Seven Hundred Thousand and No /100 Dollars ($700,000.00) in cash, lawful money of the United States. 4. CLOSE OF ESCROW AND COSTS. It is agreed by the parties hereto that escrow shall close on October 19, 1984 in accordance with Paragraph 3 hereinabove through an account with Amended Joint Powers Agreement Page 4 First American Title Guaranty Company, 329 South San Antonio Road, Suite No. 8, Los Altos., California 94022, or other such escrow agent as may be designated by DISTRICT. It is further agreed that all escrow fees and title insurance costs for this transaction shall be shared equally by TOWN and DISTRICT and paid from the FUND as established in Paragraph 14 herein. DISTRICT shall furnish TOWN a duplicate copy of the policy of title insurance and escrow closing statement. 5. TITLE. .The fee title area of said PARK LANDS shall vest in DISTRICT upon close of escrow, subject to existing ease- ments, encumbrances and other clouds on the title to said fee title area, as acceptable to DISTRICT. Concurrently with close of escrow, as abovementioned, DISTRICT shall convey or cause to be conveyed to TOWN a recorded Park, Recreation, Scenic and Open Space Easement (hereinafter "PARK EASEMENT ") upon, over and across said fee title area. Said PARK EASEMENT shall be in the form labeled Exhibit "C" as attached hereto and incorporated herein by this reference. The Open Space Easement area of said PARK LANDS shall vest in TOWN and DISTRICT upon close of escrow in accordance with the terms and conditions of said SETTLEMENT AGREEMENT. 6. DEDICATION. Upon acquisition of the PARK LANDS by the TOWN and DISTRICT, as to TOWN it shall be deemed to be dedicated as public park land and its use may be discontinued or abandoned or the PARK LANDS disposed of only pursuant to the procedures pro- vided in Article 2, Chapter 9, Part 2, Division 3, Title 4 (com- mencing at Sec. 38440) of the Government Code; as to DISTRICT, the DISTRICT shall officially dedicate its interests or rights in said PARK LANDS pursuant to Sec. 5540 of the Public Resources Code of the State of California. 7. ANNEXATION. After close of escrow as herein described, TOWN shall immediately take any and all steps necessary to annex • Amended Joint Powers Agreement Page 5 into the city limits of said TOWN all of said PARK LANDS in the manner provided for in said SETTLEMENT AGREEMENT to better pro- vide for and accomplish the joint planning, development, mainten- ance and patrol of said PARK LANDS. After annexation, TOWN shall provide primary police response for local emergency calls at or upon the PARK LANDS, and routine perimeter patrol at all times. 8. HOLD HARMLESS. It is agreed that TOWN shall defend, hold harmless and indemnify DISTRICT, its officers, agents and /or employees from any and all claims for injuries to persons or damage to property which arise out of the provisions of this AMENDED AGREEMENT and which result from negligent acts and /or omissions of TOWN and its officers, agents and /or employees. It is further agreed that DISTRICT shall defend, hold harmless and indemnify TOWN, its officers, agents, and /or employees from any and all claims for injuries to persons or dam::acc- to _revert_ - which arise out of the provisions of this AMENDED AGREEMENT and which result from negligent acts and /or omissions of DISTRICT and its officers, agents and /or employees. In the event of the concurrent negligence of TOWN, its officers, agents and /or employees and of DISTRICT, its officers, agents, and /or employees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" as presently in effect or as may hereafter be modified. 9. OPEN SPACE USE. The PARK LANDS as further described herein shall be developed and managed by DISTRICT for open space and low- intensity recreational use as follows: A. Defined. Any and all public facilities and uses which might be developed or enhanced on said PARK LANDS, and which are defined as open space or low Amended Joint Powers Agreement Page 6 intensity recreation.use in the PARK EASEMENT attached hereto as said Exhibit "C ". B. Development. DISTRICT shall plan, design and develop such improvements as are reasonably necessary for public use and enjoyment of said PARK LANDS for open space or low intensity recreation purposes as defined herein. TOWN shall have the right of design review and approval privileges as further described in the PARK EASEMENT attached as said Exhibit "C ". Any and all open space development, or improvement, or replacement thereof, shall be funded equally by TOWN and DISTRICT. C. Management. Except as provided in Paragraph 7 herein, DISTRICT shall be responsible for all operations, patrol a. ^.d :ti_ie maintenance said LOS Gatos Creak Dark as long as said PARK LANDS are developed and operated for open space and low intensity recreation purposes as defined hereinabove. D. Uses Not Contemplated. DISTRICT shall not be obligated under this AMENDED AGREEMENT or otherwise to plan, develop, operate, maintain, or patrol any park facility or recreational uses of greater intensity of develop- ment or use than those enumerated or given by way of example in the PARK EASEMENT attached as said Exhibit C 10.' ORDINANCES. As long as said PARK LANDS are developed and used as open space as defined herein, both TOWN and DISTRICT ordinances shall apply and be enforced. Amended Joint Powers Agreement 0 Page 7 11. SALE AS SURPLUS. It is understood and agreed that in the event any or all of said PARK LANDS are declared free of its dedicated use (see Paragraph 6) and sold by DISTRICT, with the mutual consent of TOWN, as provided for in the PARK EASEMENT described in Exhibit "C" herein, the net proceeds of any such sale shall be equally shared by TOWN and DISTRICT. 12. EQUAL RECOGNITION. TOWN and DISTRICT shall share equal recognition on all open space, park or public facility signs, brochures and all other public information or publicity about the PARK LANDS. 13. GRANT FUNDS. It is understood that the TOWN applied for and on July 31, 1979 received approval of a Federal Land and Water Conservation Fund Grant in the gross amount of Four Hundred Sixty -Five Thousand Six Hundred Fifteen and No /100 Dollars (5465,615.00) to assist with the purchase of said PARK LANDS, and further that as mutually agreed by the parties hereto, said Grant was transferred to DISTRICT on or about June 30, 1982. It is understood and agreed that the net proceeds from said Grant, after deduction of the State surcharge [the current State surcharge rate is 1.6% of the total Grant project amount, therefore the net proceeds from the Grant are and will be the sum of Four Hundred Fifty Thousand Nine Hundred Fifty and No /100 Dollars ($450,950.00)], shall be paid by the granting authority to DISTRICT as reimbursement for amounts advanced in escrow as provided in Paragraph 3 herein. 14. LOS GATOS OPEN SPACE FUND. On December 28, 1981,. TOWN and DISTRICT each irrevocably deposited Seven Hundred Fifty Thousand and No /100 Dollars ($750,000.00) with DISTRICT to be held in a separate account.by DISTRICT (hereinafter called the "FUND ") to cover costs of acquisition as described in Paragraph 2 Amended Joint Powers Agreement Page 8 herein and cover the cost of purchasing the PARK LANDS as described in Paragraph 3 of this AMENDED AGREEMENT. Pursuant to the parties' agreement, said FUND has been maintained and managed by DISTRICT and has accumulated interest equivalent to the rate earned from time to time by the County of Santa Clara Commingled Investment Fund. Said FUND, together with accumulated interest from the date of its establishment, shall be used for on -going expenses associated with the purchase of said PARK LANDS, and DISTRICT shall maintain adequate accounting records of all such expenses which shall be available to TOWN for examination upon the giving of reasonable notice to DISTRICT. It is agreed and confirmed by the parties hereto, as represented by DISTRICT, that the balance of said FUND as of June 30, 1984 was the sum of One Million Nine Hundred Thirty -Seven Six Hundred Twenty -Four and No /100 Dollars ($1,937,624.00). After said PARK LANDS are purchased and if there are remaining monies in said FUND (after payment of the full purchase price and all associated costs of acquisition), TOWN and DISTRICT shall endeavor to agree upon other Open Space Lands appropriate for acquisition in the Los Gatos Area; provided however, that after January 1, 1985, either party hereto, may require of the other party, in writing, that the remaining monies be refunded to the parties on an equal share (50% - 50 %) basis. In the event the FUND is insufficient to pay the full purchase price and costs of acquisition as provided herein, the parties shall share said deficiency equally and TOWN shall contribute its share to DISTRICT within thirty (30) days of written demand by DISTRICT. Such demand shall include a full accounting of the FUND balance, the full purchase price of said PARK LANDS and all costs of acquisition. 15. COMPLETE AGREEMENT. This AMENDED AGREEMENT, together with the SETTLEMENT AGREEMENT, contains all of the terms and condi- tions agreed to by DISTRICT and TOWN and supersedes any and all Amended Joint Powers Agreement Page 9 oral and written agreements previously made between the parties hereto with respect to the purchase of Los Gatos Creek Park as referred to herein and said original Joint Powers Agreement. This AMENDED AGREEMENT may be amended in writing at any time by the mutual consent of the parties hereto. 16. BINDING ON SUCCESSORS. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the parties hereto. TOWN OF LOS GATOS r Mayor, Toy ii of to-s Gatos v ATTEST: ,J f Town Clerk Date: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Bv: President, Board of Directors ATTEST: District Clerk Date: LEGAL DESCRIPTION FEE CONVEYANCE ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: ALL THAT PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION TWENTY - NINE (29) IN TOWNSHIP EIGHT SOUTH, RANGE 1 WEST, M.D.B. 6 M., LYING EASTERLY OF THE EASTERLY LINE OF ASSESSMENT LOT NO. 79, AS SAID EASTERLY LINE IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 72 SAN JOSE WATER WORKS LANDS ", WHICH MAP WAS FILED ON FEBRUARY 26, 1944 IN BOOK 6 OF MAPS, AT PAGE 30, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING 16.50 FEET ON EACH SIDE OF THE CENTER LINE ASSESSMENT LOT NO. 70 -B AS SAID CENTER LINE IS DESCRIBED AND SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 81 SAN JOSE WATER WORKS LANDS ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 1, 1944 IN BOOK 6 OF MAPS, AT PAGE 35. EXCEPTING THEREFROM: ALL THAT PORTION THEREOF LYING WESTERLY OF THE HIGH WATER LINE OF THE EAST BANK OF THE LOS GATOS CREEK. PARCEL TWO: LOTS 1 2, 13 AND 14 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST M.D.B. 6c M. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING 16.50 FEET ON EACH SIDE OF THE CENTER LINE OF ASSESSMENT LOT NO. 70 -B AS SAID CENTER LINE IS DESCRIBED AND SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 81 SAN JOSE WATER WORKS LANDS ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 1, 1944 IN BOOK 6 OF MAPS, AT PAGE 35. ALSO EXCEPTING THEREFROM: THAT PORTION THEREOF LYING WITHIN THE BOUNDS OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO NOVIATE OF LOS GATOS, BY INSTRUMENT RECORDED FEBRUARY 23, 1972 IN BOOK 9715, OFFICIAL RECORDS, PAGE 309, AS FOLLOWS, TO WIT: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 20, 21, 28, AND 29 OF TOWNSHIP 8 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN. THENCE SOUTH 890 15' EAST ON AND ALONG THE SECTION LINE COMMON TO SAID SECTIONS 21 and 28, A DISTANCE OF 880 FEET, TO THE TRUE POINT OF COMMENCEMENT OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE FROM SAID TRUE POINT OF COMMENCEMENT, SOUTHERLY, AT RIGHT ANGLES TO SAID SECTION LINE, A DISTANCE OF 325 FEET, THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION LINE), A DISTANCE OF 150 FEET, THENCE AT RIGHT ANGLES, SOUTHERLY, A DISTANCE OF 310 FEET, I EXHIBIT page 4-014L THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION LINE), A DISTANCE OF 185 FEET, THENCE AT RIGHT ANGLES, NORTHERLY, A DISTANCE OF 210 FEET, THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION LINE), A DISTANCE OF 55 FEET, THENCE AT RIGHT ANGLES, NORTHERLY, A DISTANCE OF 425 FEET TO A POINT IN THE SAID SECTION LINE COMMON TO SAID SECTIONS 21 AND 28, THENCE NORTH 890 15' WEST ON AND ALONG SAID SECTION LINE, A DISTANCE OF 390 FEET, TO THE TRUE POINT OF COMMENCEMENT, CONTAINING 4.35 ACRES, AND BEING A PORTION OF LOT 1 (NORTHWEST 1/4, NORTHWEST 1/4) OF SAID SECTION 28. ALSO EXCEPTING FROM PARCEL ONE AND PARCEL TWO ABOVE DESCRIBED: THAT PORTION THEREOF LYING WITHIN THE BOUNDS OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO TOWN OF LOS GATOS, BY INSTRUMENT RECORDED OCTOBER 9, 1967 IN BOOK 7885, OFFICIAL RECORDS, PAGE 241, AS FOLLOWS, TO WIT: A PORTION OF SECTIONS 20, 21, 28 AND 29 OF TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. do M., DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH IRON PIPE SET AT THE SOUTHERLY TERMINUS OF THE EASTERLY LINE OF JONES ROAD, 40 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NORTH 554, STONEHEDGE, FILED JULY 18, 1949, BOOK 24 OF MAPS, PAGE 18, RECORDS OF SANTA CLARA COUNTY, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 1, AS SHOWN ON SAID MAP; THENCE NORTH 890 39' WEST ALONG THE SOUTHERLY TERMINUS OF SAID JONES ROAD AND THE SOUTHERLY LINE OF LOT A, AS SHOWN ON THE MAP OF CANYON VIEW TERRACE, FILED NOVEMBER 19, 1927, BOOK "W" OF MAPS, PAGES 22 and 23, SANTA CLARA COUNTY RECORDS, 364.06 FEET TO A 2" x 2" STAKE SET AT THE SOUTHEASTERLY CORNER OF LOT 7, AS SHOWN ON THE MAP OF TRACT NO. 330, ARROYA VISTA, FILED JULY 8, 1946, BOOK 11 OF MAPS, PAGE 14, RECORDS OF SANTA CLARA COUNTY; THENCE NORTH 890 36' 42" WEST ALONG THE SOUTHERLY LINES OF LOTS 7 AND 8 OF SAID TRACT NO. 330, ARROYA VISTA, 163.88 FEET TO A ONE INCH IRON PIPE; THENCE ALONG THE EASTERLY LINE OF THE STRIP OF LAND RESERVED FOR THE OLD FLUME OF THE LOS GATOS MANUFACTURING COMPANY, THE FOLLOWING COURSES AND DISTANCES: SOUTH 90 54' 32" EAST, 232.98 FEET TO A ONE INCH PIPE; AND SOUTH 70 35' 28" WEST 95.04 FEET TO A ONE INCH IRON PIPE SET AT THE MOST NORTHERLY CORNER OF THE 0.117 ACRE PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED SEPTEMBER 28, 1954, BOOK 2969 OFFICIAL RECORDS, PAGE 49; THENCE ALONG THE EASTERLY LINE OF SAID 0.117 ACRE PARCEL OF LAND THE FOLLOWING COURSES AND DISTANCES: SOUTH 170 13' 23" EAST, 14.85 FEET TO A C.H.C. MONUMENT AND SOUTH 17° 49' 21" WEST, 176.84 FEET TO A ONE INCH IRON PIPE SET AT THE MOST SOUTHERLY corner THEREOF; THENCE SOUTH 40 46' 14" EAST 171.90 FEET; THENCE SOUTH 800 18' 00" EAST 255.48 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 260 13' 19" EAST 34.88 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 380 00' 19" EAST 29.00 FEET TO A ONE INCH IRON PIP ; 2 XHIS IT page of THENCE NORTH 280 55' 19" EAST 93.27 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 270 25' 19" EAST 63.59 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 330 40' 19" EAST 28.42 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 370 15' 19" EAST 40.17 FEET TO A ONE INCH IRON PIPE: THENCE NORTH 670 27' 19" EAST 11.23 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 300 25' 19" EAST 73.55 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 350 05' 19" EAST 17.95 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 430 55' 19" EAST 46.15 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 370 40' 19" EAST 13.93 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 230 55' 19" EAST 28.35 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 180 05' 19" EAST 31.06 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 210 35' 19" EAST 18.04 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 350 40' 19" EAST 15.16 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 460 25' 19" EAST 14.35 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 510 35' 19" EAST 47.55 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 460 40' 19" EAST 25.72 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 400 15' 19" EAST 51.30 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 420 40' 19" EAST 63.83 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 460 50' 19" EAST 26.84 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 350 55' 19" EAST 9.32 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 280 15' 19" EAST 9.61 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 200 25' 19" EAST 69.18 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 120 30' 19" EAST 9.73 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 60 05' 19" EAST 23.58 FEET TO A ONE INCH IRON PIPE; WHICH BEARS SOUTH 890 34' 43" EAST FROM THE POINT OF BEGINNING: THENCE NORTH 890 34' 43" WEST :ALONG THE EAST PROLONGATION OF THE SOUTHERLY LINE OF LOT I AS SHOWN ON SAID MAP OF TRACT NO. 554, STONEHEDGE, 55.86 FEET TO A 3/4 INCH IRON PIPE SET AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 890 34' 43" WEST ALONG SAID SOUTHERLY LINE 150 FEET TO THE POINT OF BEGINNING AND DESIGNATED AS 8.000 ACRES, MORE OR LESS, ON THE RECORD OF SURVEY MAP FILED JUNE 22, 1967, BOOK 224, MAPS, PAGE 21, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM: ALL THAT PORTION THEREOF LYING WESTERLY OF THE HIGH WATER LINE OF THE EAST BANK OF THE LOS GATOS CREEK. PARCEL THREE: THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 29 IN TOWNSHIP 8 SOUTH , RANGE 1 WEST, M.D.B. 6c M., DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER STANDING IN THE SECTION LINE RUNNING BETWEEN SECTIONS 28 AND 29 AND IN THE TOWNSHIP AND RANGE AFORESAID, AND RUNNING THENCE SOUTH ALONG SAID SECTION LINE 591.36 FEET TO A POINT MARKED "H.W." (BEING THE COMMON CORNER OF THE LAND DESCRIBED HEREIN AND THE LANDS FORMERLY OF HUMPHREY ESTATE INC.) THENCE WEST ALONG THE NORTHERLY LINE OF SAID HUMPHREY LAND 724.02 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF ASSESSMENT LOT NO. 15, AS SAID LOT AND LINE ARE SHOWN AND DESCRIBED UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 71 OF SAN JOSE WATER WORKS LAND ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON FEBRUARY 26, 1944 IN BOOK 6 OF MAPS, AT PAGE 29, RECORDS OF SAID COUNTY; .E.,i7 3IT 3 s'we of THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ASSESSMENT LOT NO. 15, TO POINT OF INTERSECTION OF SAID EASTERLY LINE WITH THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH SAID SECTION 29; THENCE EASTERLY ALONG THE LAST MENTIONED LINE 736.56 FEET, MORE OR LESS TO THE POINT OF BEGINNING. PARCEL FOUR: LOTS 3, 4, 5 AND 6 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. TOGETHER WITH THE RIGHT TO CONSTRUCT AND USE A ROAD OR ROADS ACROSS PARCEL 1A DESCRIBED BELOW, FOR ACCESS TO AND FROM THE REMAINING PROPERTY OF THE GRANTORS LOCATED NORTHERLY OF SAID PARCEL TO THE NEW TWO -WAY TO BE BUILT BY THE GRANTEE ON SAID PARCEL, AS RESERVED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, DATED SEPTEMBER 20, 1951, RECORDED SEPTEMBER 26, 1951 IN BOOK 2290 OF OFFICIAL RECORDS AT PAGE 207. 1A. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, RECORDED SEPTEMBER 26, 1951 IN BOOK 2290 OF OFFICIAL RECORDS AT PAGE 207, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 28 and 33, TOWNSHIP 8, SOUTH, RANGE 1 WEST, M.D.B. & M., SAID POINT LYING SOUTH 880 38' EAST 1239.92 FEET FROM SECTION CORNER 29/28 TOWNSHIP 8 SOUTH RANGE 1 ;a EST M.D.B. u M.; 32/33 THENCE LEAVING SAID POINT OF BEGINNING THE FOLLOWING COURSES AND DISTANCES: NORTH 230 43' EAST, 537.35 FEET; NORTH 600 29' EAST, 664.95 FEET; NORTH 690 29' EAST, 149.05 FEET; NORTH 850 16' EAST, 640.55 FEET TO A POINT ON THE EASTERLY BOUNDARY OF LOT 6 IN SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST, M.D.B. & M.; THENCE ALONG SAID LOT LINE SOUTH 00 05' WEST, 962.17 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST„ M.D.B. & M.; THENCE ALONG THE SECTION LINE BETWEEN SECTION 28 and 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. do M., NORTH 880 38' WEST, 1571.78 FEET TO THE POINT OF BEGINNING. CONTAINING 26.47 ACRES, MORE OR LESS, AND BEING A PART OF LOTS 4 AND 6 IN SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST, M.D.B. & M. 2A. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, RECORDED NOVEMBER 7, 1952 IN BOOK 2522 OF OFFICIAL RECORDS AT PAGE 420, DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; �.., Pnrje 0f THENCE NORTHERLY AND ALONG THE SECTION LINE, NORTH AND SOUTH BETWEEN SECTIONS 28 AND 29, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; NORTH 654.66 FEET TO THE POINT OF INTERSECTION OF SAID LAST MENTIONED SECTION LINE WITH THE CENTER LINE OF A 20 FOOT RIGHT OF WAY HEREINBEFORE CONVEYED TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT; THENCE LEAVING SAID MENTIONED SECTION LINE, NORTH 850 04' EAST 2181.91 FEET AND NORTH 850 16' EAST 640.55 FEET TO A POINT ON THE QUARTER SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; THENCE SOUTHERLY AND ALONG THE LAST MENTIONED QUARTER SECTION LINE, SOUTH 0° 05' WEST, 962.17 FEET TO THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; THENCE WESTERLY AND ALONG THE SECTION LINE RUNNING EAST AND WEST BETWEEN SECTIONS 28 AND 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; NORTH 880 38' WEST 2811.60 FEET TO THE PLACE OF BEGINNING. CONTAINING 52.232 ACRES OF LAND, MORE OR LESS. EXCEPTING THEREFROM PARCEL 1 OF LANDS CONVEYED HEREBEFORE TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, BY DEED RECORDED SEPTEMBER 26, 1951 IN BOOK 2290, OFFICIAL RECORDS, PAGE 207. EXCEPTING THEREFROM ALL THAT PORTION OF PARCELS ONE, TWO, THREE AND FOUR LYING EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28 AND NORTHERLY OR LEFT OF A LINE DRAWN PARALLEL AND 20 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55 FEET TO THE CENTERLINE OF A ROAD, AND THE POINT OF BEGINNING FOR THIS DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 00 12' 40" WEST, 2401.91 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES: THENCE SOUTH 750 35' 50" EAST 31.01 FEET THENCE SOUTH 420 05' 40" EAST 33.05 FEET THENCE SOUTH 300 O1' 00" WEST 23.62 FEET THENCE SOUTH 560 34' 10" WEST 24.31 FEET THENCE SOUTH 710 23' 20" WEST 26.66 FEET THENCE SOUTH 790 13' 50" WEST 49.81 FEET THENCE SOUTH 540 05' 30" WEST 34.10 FEET THENCE SOUTH 110 32' 10" EAST 33.75 FEET THENCE SOUTH 510 02' 30" EAST 26.32 FEET THENCE SOUTH 710 29' 20" EAST 49.30 FEET THENCE SOUTH 730 59' 20" EAST 35.78 FEET THENCE SOUTH 830 58' 10" EAST 18.68 FEET THENCE NORTH 830 14' 00" EAST 68.44 FEET THENCE NORTH 690 31' 50" EAST 40.17 FEET THENCE NORTH 630 21' 00" EAST 50.64 FEET THENCE NORTH 570 59' 30" EAST 33.50 FEET THENCE NORTH 650 19' 10" EAST 33.86 FEET TO A RAILROAD SPIKE TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO AN IRON PIPE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE TO A RAILROAD SPIKE; „ 't,J - '+d::+a J ra -6 Of THENC THENC THENC THENC THENC THENC THENC THENC THENC THENC E THENC THENC THENC E THENC E THENC THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE E NORTH E NORTH E NORTH E NORTH E NORTH E NORTH E NORTH E NORTH E NORTH NORTH E NORTH E NORTH NORTH NORTH E SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH NORTH NORTH NORTH NORTH 590 35' 50" EAST 29.39 FEET 470 21' 10" EAST 51 52 FEET 320 430 520 430 610 790 840 750 650 550 670 720 080 070 230 280 430 780 840 730 820 860 52' 08, 00" EAST 51.06 FEET 20" FAST 31.78 PRFT 45' 30 29' 50 24' 40 57' 00 05 28 51 17' 31' 5 9' 46' 40' 30' 50, 44' 20' 31' 27' 34' 25' SOUTH 770 41' SOUTH 690 52' SOUTH 630 02' SOUTH 880 46' NORTH 370 NORTH 030 NORTH 060 NORTH 010 NORTH 130 NORTH 020 NORTH 100 NORTH 140 NORTH 260 NORTH 480 NORTH 520 07' 41' 43' 21' 07' 51' 01' 02' 33' 13' 26' ' 50 20' 30' 00, 30' 10' 10" 30" 40" 30" 40" 50" 20" 30" 50" 30" 30" 50" 50" 00" 10" 20" 30" 40" 20" 30" 10" 30" 10" 10" 10" • EAST 62.48 FEET • EAST 83.42 FEET " EAST 45.48 FEET " EAST 49.55 FEET " EAST 138.65 FEET EAST 44.70 FEET EAST 24.10 FEET ' EAST 42.54 FEET ' EAST 39.67 FEET ' EAST 64.61 FEET WEST 63.97 FEET EAST 68.37 FEET EAST 44.36 FEET EAST 84.79 FEET EAST 34.93 FEET EAST 23.96 FEET EAST 23.62 FEET EAST 141.13 FEET EAST 32.65 FEET EAST 38.92 FEET EAST 88.11 FEET EAST 68.42 FEET EAST 133.66 FEET EAST 26.20 FEET EAST 22.09 FEET EAST 23.26 FEET WEST 75.20 FEET WEST123.70 FEET WEST 80.94 FEET EAST 67.25 FEET EAST 46.66 FEET EAST 35.33 FEET EAST 75.63 FEET EAST 104.63 FEET EAST 60.00 FEET; TO AN IRON PIPE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO AN IRON PIPE; TO AN IRON PIPE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO AN IRON PIPE; TO A RAILROAD SPIKE; TO A RAILROAD SPIKE; TO AN IRON PIPE; THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING COURSES: THENCE NORTH 010 THENCE NORTH 100 THENCE NORTH 400 THENCE NORTH 760 THENCE SOUTH 800 THENCE SOUTH 620 THENCE SOUTH 820 THENCE NORTH 620 THENCE NORTH 470 THENCE NORTH 730 QUARTER SECTION LINE 00' 00" WEST 37.00 FEET; 00' 00" EAST 165.00 FEET; 00' 00" EAST 100.00 FEET; 00' 00" EAST 90.00 FEET; 00' 00" EAST 80.00 FEET; 00' 00" EAST 210.00 FEET; 00' 00" EAST 65.00 FEET; 00' 00" EAST 65.00 FEET; 00' 00" EAST 575.00 FEET; 00' 00" EAST 129.86 FEET OF SAID SECTION 28. TO THE NORTH -SOUT Erato 8 � aoe Of ALSO EXCEPTING THEREFROM: THAT PORTION OF PARCELS ONE, TWO, THREE AND FOUR DESCRIBED AS FOLLOWS: BEGINNING AT THE 8 SOUTH, RANGE 1 COMMON TO SAID QUARTER CORNER WEST, M.D.B. do M SECTIONS 28 do 29, COMMON TO SECTION 28 do 29 IN TOWNSHIP AND RUNNING THENCE ALONG THE LINE THENCE SOUTH 00 12' 40" EAST, 257.88 FEET; THENCE NORTH 750 35' 50" WEST, 10.52 FEET; THENCE NORTH 590 59' 50" WEST, 114.39 FEET; THENCE NORTH 780 01' 30" WEST, 70.98 FEET; THENCE SOUTH 770 15' 50" WEST, 37.67 FEET; THENCE SOUTH 340 03' 30" WEST, 50.89 FEET; THENCE SOUTH 160 26' 40" WEST, 75.05 FEET; THENCE SOUTH 270 18' 20" WEST, 13.38 FEET; THENCE NORTH 30 14' 10" WEST, 47.28 FEET; THENCE NORTH 350 33' 40" WEST, 64.40 FEET; THENCE NORTH 240 15' 40" WEST, 29.23 FEET; THENCE NORTH 20 24' 00" WEST, 22.68 FEET; THENCE NORTH 170 30' 30" EAST, 34.22 FEET; THENCE NORTH 350 07' 40" EAST, 27.58 FEET; THENCE NORTH 580 07' 30" EAST, 48.59 FEET; THENCE NORTH 640 52' 10" EAST, 25.40 FEET; THENCE NORTH] 560 15' 10" EAST, 41.66 FEET; T ti E:" ai i NORTl' 7 06 —4 4' 20" EAST r � 2.01 i EE THENCE NORTH 290 39' 20" EAST, 264 FEET; MORE OR LESS TO THE LINE COMMON TO SECTIONS 28 do 29; THENCE SOUTHERLY ALONG THE LINE COMMON TO SECTIONS 28 & 29, 199 FEET MORE OR LESS TO THE POINT OF BEGINNING. K '31T P s Z gc ®S LEGAL DESCRIPTION OPEN SPACE PARCEL ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: LOTS 1, 2, 13 and 14 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. EXCEPTING THEREFROM ALL OF THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. AND RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 28 TO ITS INTERSECTION WITH A LINE PRODUCED WESTERLY FROM AN EXISTING ROW OF OLIVE TREES, SAID TREES BEING THE NORTHERLY LINE OF AN ABANDONED BASEBALL FIELD; THENCE FROM SAID INTERSECTION, EASTERLY AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 28 TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 28. PARCEL TWO: LOTS 3, 4, 5 AND 6 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. TOGETHER WITH THE RIGHT TO CONSTRUCT AND USE A ROAD OR ROADS ACROSS PARCEL IA DESCRIBED BELOW, FOR ACCESS TO AND FROM THE REMAINING PROPERTY OF THE GRANTORS LOCATED NORTHERLY OF SAID PARCEL TO THE NEW TWO -WAY ROAD TO BE BUILT BY THE GRANTEE ON SAID PARCEL, AS RESERVED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, DATED SEPTEMBER 20, 1951, RECORDED SEPTEMBER 26, 1951, IN BOOK 2290 OF OFFICIAL RECORDS AT PAGE 207. IA. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, RECORDED SEPTEMBER 26, 1951 IN BOOK 2290 OF OFFICIAL RECORDS AT PAGE 207, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 28 AND 33, TOWNSHIP 8, SOUTH, RANGE 1 WEST, M.D.B. & M., SAID POINT LYING SOUTH 88° 38' EAST, 1239.92 FEET FROM SECTION CORNER 29/28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; 32/33 THENCE LEAVING SAID POINT OF BEGINNING THE FOLLOWING COURSES AND DISTANCES: NORTH 23° 43' EAST, 537.35 FEET; NORTH 600 29' EAST, 664.95 FEET; NORTH 69° 29' EAST, 149.05 FEET; NORTH 85° 16' EAST, 640.55 FEET TO A POINT ON THE EASTERLY BOUNDARY OF LOT 6 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; LX-11HIBI 1 Page of THENCE ALONG SAID LOT LINE SOUTH 00 05' WEST, 962.17 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 SOUTH„ RANGE 1 WEST, M.D.B. & M.; THENCE ALONG THE SECTION LINE BETWEEN SECTION 28 and 33, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M., NORTH 880 38' WEST, 1571.78 FEET TO THE POINT OF BEGINNING. CONTAINING 26.47 ACRES, MORE OR LESS, AND BEING A PART OF LOTS 4 AND 6 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. 2A. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, RECORDED NOVEMBER 7, 1952 IN BOOK 2522 OF OFFICIAL RECORDS AT PAGE 420, DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE NORTHERLY AND ALONG THE SECTION LINE, NORTH AND SOUTH BETWEEN SECTIONS 28 AND 29, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M., NORTH 654.66 FEET TO THE POINT OF INTERSECTION OF SAID LAST MENTIONED SECTION LINE WITH THE CENTER LINE OF A 20 FOOT RIGHT OF WAY HEREINBEFORE CONVEYED TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT; THENCE LEAVING SAID MENTIONED SECTION LINE, NORTH 850 04' EAST 2181.91 FEET AND NORTH 850 16' EAST 640.55 FEET TO A POINT ON THE QUARTER SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE SOUTHERLY AND ALONG THE LAST MENTIONED QUARTER SECTION LINE, SOUTH 00 05' WEST 962.17 FEET TO THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; THENCE WESTERLY AND ALONG THE SECTION LINE RUNNING EAST AND WEST BETWEEN SECTIONS 28 AND 33, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M.; NORTH 880 38' WEST 2811.60 FEET TO THE PLACE OF BEGINNING. CONTAINING 52.232 ACRES OF LAND, MORE OR LESS. EXCEPTING THEREFROM PARCEL 1 OF LANDS CONVEYED HEREBEFORE TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, BY DEED RECORDED SEPTEMBER 26, 1951 IN BOOK 2290, OFFICIAL RECORDS, PAGE 207. EXCEPTING THEREFROM PARCELS ONE & TWO ALL THAT PORTION LYING WESTERLY AND SOUTHERLY OR RIGHT OF A LINE DRAWN PARALLEL AND 20 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55 FEET TO THE CENTERLINE OF A ROAD AND THE POINT OF BEGINNING FOR THIS DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 00 12' 40" WEST, 2401.91 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES: 'BIT 2 PMS?. ©� THENCE SOUTH 750 35' 50" EAST THENCE SOUTH 420 05' 40" EAST THENCE SOUTH 300 01' 00" WEST THENCE SOUTH 560 34' 10" WEST THENCE SOUTH 710 23' 20" WEST THENCE SOUTH 790 13' 50" WEST THENCE SOUTH 540 05' 30" WEST THENCE SOUTH 110 32' 10" EAST THENCE SOUTH 510 02' 30" EAST THENCE SOUTH 710 29' 20" EAST THENCE SOUTH 730 59' 20" EAST THENCE SOUTH 830 58' 10" EAST THENCE NORTH 830 14' 00" EAST THENCE NORTH 690 31' 50" EAST THENCE NORTH 630 21' 00" EAST THENCE NORTH 570 59' 30" EAST THENCE NORTH 650 19' 10" EAST THENCE NORTH 590 35' 50" EAST THENCE NORTH 470 21' 10" EAST THENCE NORTH 320 52' 00" EAST THENCE NORTH 430 08' 20" EAST THENCE NORTH 520 45' 30" EAST THENCE NORTH 430 29' 50" EAST THENCE NORTH 610 24' 40" EAST THENCE NORTH 790 57' 00" EAST THENCE NORTH 840 05' 50" EAST THENCE NORTH 750 28' 20" EAST THENCE NORTH 650 51' 30" EAST THENCE NORTH 550 17' 00" EAST THENCE NORTH 670 31' 30" EAST THENCE NORTH 720 59' 10" EAST THENCE SOUTH 080 46' 10" WEST THENCE SOUTH 070 40' 30" EAST THENCE SOUTH 230 30' 40" EAST THENCE SOUTH 280 50' 30" EAST THENCE SOUTH 430 44' 40" EAST THENCE SOUTH 780 20' 50" EAST THENCE NORTH 840 31' 20" EAST THENCE NORTH 730 27' 30" EAST THENCE NORTH 820 34' 50" EAST THENCE NORTH 860 25' 30" EAST THENCE SOUTH 770 41' 30" EAST THENCE SOUTH 690 52' 50" EAST THENCE SOUTH 630 02' 50" EAST THENCE SOUTH 880. 46' 00" EAST THENCE NORTH 370 07' 10" EAST THENCE NORTH 030 41' 20" EAST THENCE NORTH 060 43' 30" WEST THENCE NORTH 010 21' 40" WEST THENCE NORTH 130 07' 20" WEST THENCE NORTH 020 51' 30" EAST THENCE NORTH 100 01' 10" EAST THENCE NORTH 140 02' 30" EAST 31.01 FEET TO A RAILROAD SPIKE; 33.05 FEET TO A RAILROAD SPIKE; 23.62 FEET TO A RAILROAD SPIKE; 24.31 FEET TO A RAILROAD SPIKE; 26.66 FEET TO AN IRON PIPE; 49.81 FEET TO AN IRON PIPE; 34.10 FEET TO A RAILROAD SPIKE; 33.75 FEET TO A RAILROAD SPIKE; 26.32 FEET TO A RAILROAD SPIKE; 49.30 FEET TO A RAILROAD SPIKE; 35.78 FEET TO A RAILROAD SPIKE; 18.68 FEET TO A RAILROAD SPIKE; 68.44 FEET TO A RAILROAD SPIKE; 40.17 FEET TO A RAILROAD SPIKE; 50.64 FEET TO A RAILROAD SPIKE; 33.50 FEET TO A RAILROAD SPIKE; 33.86 FEET TO A RAILROAD SPIKE; 29.39 FEET TO AN IRON PIPE; 51.52 FEET TO AN IRON PIPE; 51.06 FEET TO A RAILROAD SPIKE; 31.78 FEET TO A RAILROAD SPIKE; 62.48 FEET TO A RAILROAD SPIKE; 83.42 FEET TO A RAILROAD SPIKE; 45.48 FEET TO A RAILROAD SPIKE; 49.55 FEET TO A RAILROAD SPIKE; 138.55 FEET TO A RAILROAD SPIKE; 44.70 FEET TO A RAILROAD SPIKE; 24.10 FEET TO A RAILROAD SPIKE; 42.54 FEET TO A RAILROAD SPIKE; 39.67 FEET TO AN IRON PIPE; 64.61 FEET TO AN IRON PIPE; 63.97 FEET TO AN IRON PIPE; 68.37 FEET TO A RAILROAD SPIKE; 44.36 FEET TO A RAILROAD SPIKE; 84.79 FEET TO A RAILROAD SPIKE; 34.93 FEET TO A RAILROAD SPIKE; 23.96 FEET TO A RAILROAD SPIKE; 23.62 FEET TO A RAILROAD SPIKE; 141.13 FEET TO A RAILROAD SPIKE; 32.65 FEET TO AN IRON PIPE; 38.92 FEET TO A RAILROAD SPIKE; 88.11 FEET TO AN IRON PIPE; 68.42 FEET TO A RAILROAD SPIKE; 133.66 FEET TO A RAILROAD SPIKE; 26.20 FEET TO A RAILROAD SPIKE; 22.09 FEET TO A RAILROAD SPIKE; 23.26 FEET TO A RAILROAD SPIKE; 75.20 FEET TO A RAILROAD SPIKE; 123.70 FEET TO A RAILROAD SPIKE; 80.94 FEET TO AN IRON PIPE; 67.25 FEET TO A RAILROAD SPIKE; 46.66 FEET TO AN IRON PIPE; 35.33 FEET TO A RAILROAD SPIKE; 3 Pa L' Of THENCE NORTH 260 33' 10" EAST 75.63 FEET TO A RAILROAD SPIKE; THENCE NORTH 480 13' 10" EAST 104.63 FEET TO AN IRON PIPE; THENCE NORTH 520 26' 10" EAST 60.00 FEET; 760 THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING COURSES: THENCE NORTH 010 00' 00" WEST, 37.00 FEET; THENCE NORTH 100 00' 00" EAST, 165.00 FEET; THENCE NORTH 400 00' 00" EAST, 100.00 FEET; THENCE NORTH 760 00' 00" EAST, 90.00 FEET; THENCE SOUTH 800 00' 00" EAST, 80.00 FEET; THENCE SOUTH 620 00' 00" EAST, 210.00 FEET; THENCE SOUTH 820 00' 00" EAST, 65.00 FEET; THENCE NORTH 620 00' 00" EAST, 65.00 FEET; THENCE NORTH 470 00' 00" EAST, 575.00 FEET; THENCE NORTH 730 00' 00" EAST, 129.86 FEET, TO THE NORTH -SOUTH QUARTER SECTION LINE NORTH OF SAID SECTION 28. WEST, PARCEL THREE: BEGINNING AT THE QUARTER CORNER COMMON TO SECTION 28 & 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. do M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 & 29, THENCE SOUTH 00 12' 40" EAST, 257.88 FEET; THENCE NORTH 750 35' 50" WEST, 10.52 FEET; THENCE NORTH 590 59' 50" WEST, 114.39 FEET; THENCE NORTH 780 01' 30" WEST, 70.98 FEET; THENCE SOUTH 770 15' 50" WEST, 37.67 FEET; THENCE SOUTH 340 03' 30" WEST, 50.89 FEET; THENCE SOUTH 160 26' 40" WEST, 75.05 FEET; THENCE SOUTH 270 18' 20" WEST, 13.38 FEET; THENCE NORTH 30 14' 10" WEST, 47.28 FEET; THENCE NORTH 350 33' 40" WEST, 64.40 FEET; THENCE NORTH 240 15' 40" WEST, 29.23 FEET; THENCE NORTH 20 24' 00" WEST, 22.68 FEET; THENCE NORTH 170 30' 30" EAST, 34.22 FEET; THENCE NORTH 350 07' 40" EAST, 27.58 FEET; THENCE NORTH 580 07' 30" EAST, 48.59 FEET; THENCE NORTH 640 52' 10" EAST, 25.40 FEET; THENCE NORTH 560 15' 10" EAST, 41.66 FEET; THENCE NORTH 700 44' 20" EAST, 72.01 FEET; THENCE NORTH 290 39' 20" EAST, 264 FEET; MORE OR LESS TO THE LINE COMMON TO SECTIONS 28 do 29; THENCE SOUTHERLY ALONG THE LINE COMMON TO SECTIONS 28 & 29, 199 FEET MORE OR LESS TO THE POINT OF BEGINNING. . IT 4Dw PARCEL FOUR COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 & 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. do M. AND RUNNING THENCE SOUTH 00 12' 40" EAST, 372.38 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 710 23' 20" WEST, 0.46 FEET; THENCE SOUTH 790 13' 50" WEST, 46.72 FEET; THENCE SOUTH 540 05' 30" WEST, 16.75 FEET; THENCE SOUTH 110 32' 10" EAST, 13.67 FEET; THENCE SOUTH 510 02' 30" EAST, 15.53 FEET; THENCE SOUTH 710 29' 20" EAST, 45.69 FEET; THENCE SOUTH 730 59' 20" EAST, 2.05 FEET; TO A POINT ON THE SECTION LINE COMMON TO SECTION 28 & 29, SAID POINT BEARS SOUTH 00 12' 40" EAST, 429.31 FEET FROM SAID QUARTER CORNER. n .:5- �A n .r IT 5 PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT WHEREAS, the Midpeninsula Regional Open Space District, a public district, hereinafter referred to as "DISTRICT," and the Town of Los Gatos, a political subdivision of the State of Cali- fornia, hereinafter referred to as "TOTM ", have heretofore entered into that certain Amended Joint Powers Agreement dated October 1984. WHEREAS, pursuant to which agreement, TOWN and DISTRICT agreed to participate jointly in purchase costs and fees associated with acquisition of the proposed "Los Gatos Creek Park "; the fee title area of which is described in Exhibit "I ", as attached hereto and incorporated herein by this reference (hereinafter called Subject Property or Property); and WHERE-7%S, TJ;PI a - ^.c shall forever remain as part of the parks, recreational, ecological` and aesthetic resource of the Midpeninsula area; and WHEREAS, it is now the desire and intention of TOWN and DISTRICT, pursuant to said Amended Joint Powers Agreement, that the lands described in said Exhibit "I" be made subject to an easement for park, recreation, scenic and open space purposes for the benefit of TOWN, its successors and assigns. NOW, THEREFORE, in consideration of the substantial payment being made toward the purchase of the Subject Property by the parties, the public benefit to be derived therefrom, and in order to insure that the Subject Property will be preserved in perpetuity, DISTRICT hereby grants to TOWN, and TOWN hereby accepts from DISTRICT an easement upon, on, over, under, and across the Subject Property as described in said Exhibit "I" for parks, recreation, scenic and open space purposes, upon the following terms and conditions: cx�osir Page of Park Easement Page 2 1. District Covenants. DISTRICT hereby covenants and agrees, for itself and its successors and assigns, that all of the Subject Property as described and managed in Exhibit "I" shall be forever used and operated as, and maintained and managed for, open space, wilderness, park, agricultural, watershed, scenic, low intensity recreation, or similar purposes (hereafter referred to as "Permitted Uses ") and for no other uses or purposes inconsistent therewith, all,as contemplated by or in accordance with the follow- ing excerpt from DISTRICT's Basic Policy as adopted by DISTRICT's Board of Directors on March 27, 1974, to wit: "The District will follow a land management policy that provides proper care of open space land, allowing public access appropri- ate to the nature of the land and consistent with ecological values." 2. Permitted Uses. Open space and low intensity recrea- tionai use, or Permitted Uses, w;^.icn are allowed under the terms and conditions of this Easement without further restriction include, but are not limited to, the following: a) Pedestrian hiking trails b) Equestrian riding trails c) Casual public picnicking d) Portable sanitary facilities for use of Subject Property e) Nature study and environmental education f) Photography g) Public water facilities for use of Subject Property h) Xite flying i) Scenery painting j) Wildlife observation k) Compatible agricultural uses 1) Meditating m) Unpaved public parking areas m) Primitive campsites (back pack camping) "Page �� AV Ar Park Easement i Page 3 DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of said Property for open space or Permitted Uses as defined above. TOWN shall have the right of design review and recommendation privileges on any and all open space development subject to the terms of Paragraph 3 herein. With regard to open space development of said Property, an applica- tion for design review and recommendation shall be made by DISTRICT to TOWN. The application shall include a site plan showing the location of all proposed trails, planted or landscaped areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the Property. Within 60 days from the filing of the application with TOWN, TOWN shall review the,site plan and drawings and snail make its recom- mendations based upon the following objectives: a) To ensure construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. b) To ensure that sound principles of environmental design and ecological balance shall be observed. c) To ensure adherence to the terms, conditions and pur- poses of this Easement and the above definition of open space or low intensity recreational use (Permitted Uses.) 3. TOWN's Recommendations Advisory Only. DISTRICT, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations of TOWN resulting from the E - S31 aqe of Park Easement Page 4 design review referred to in Paragraph 2 above. However, nothing herein shall limit the rights of TOWN or other governmental agencies having jurisdiction over the Subject Property as provided by law, ordinance or other source. 4. Prohibited Uses. Use and development of the Subject Property which would significantly change or compromise scenic or natural values shall be prohibited, except as to those Permitted Uses referred to in Paragraph 2 above. DISTRICT hereby covenants and agrees that the Subject Property shall not be used for any of the following purposes: a) Construction or maintenance on or within the Subject Property of advertising signs of any kind or nature, except for identification purposes consistent with the public use of said Property for parks, recreation, scenic and open space purposes as defined herein. b) Commercial extraction of minerals or natural resources from the land. i c) Construction of any residential, commercial or industrial structure, including, without limitation, any hotel, inn, condominium, town house, or rental apartment project, except for the possible limited residential use by personnel engaged in maintenance and patrol of the Subject Property for purposes consistent with this Easement. d) Operation on the Subject Property of any motor bike, trail bike, go -cart or other motor - driven or powered vehicles except those motor - driven or powered vehicles reasonably necessary for DISTRICT to use, develop, patrol or maintain the Subject Property or by E IHH31T C. Page cif AV ff Park Easement Page 5 the public to reach the recreational facilities provided, but in accordance with the Permitted Uses pursuant to the terms, conditions, restrictions and covenants set forth for the Subject Property herein. e) Dumping or placing of any public trash, waste or garbage, except in receptacles maintained by DISTRICT or TOWN. f) Use of firearms, airguns or dangerous weapons by the public. g) Hunting or exploitation of natural wildlife, except when required for public health and safety. h) Commercial cutting of standing timber other than for public safety or consistent public purposes. i) Planting of vegetation on the Subject Property, except for approved soil management, erosion control, refor- estation, compatible agricultural uses and planting of native California vegetation, and normal landscaping and screening of park and recreation areas and public facilities in connection therewith, consistent with the intent and purpose of this Easement. j) Excavation or other topographic changes except for specific park, recreation and open space projects consistent with the intent and purpose of this Easement. The general topography of the Subject Property shall be maintained in its present condition. ?l�F. bi 1l Yb 0i )'age - Park Easement Page 6 k) Use of the Subject Property which does or will materially alter the natural landscape or open space character of the Subject Property other than those Permitted Uses enumerated herein. 1) Any use other than parks, recreation, scenic or open space uses as provided herein. m) The development of said Property for any amusement or "theme park" or any use that would require more than five percent (5%) of the total land area to be paved or otherwise developed with impervious surface (roads, parking lots, roofs, or similar development). n) Use of fireworks and pyrotechnics. o) Hang gliding or carachuting. 5. Easement Intent. It is the intent of this Easement to prohibit any development or physical improvements which would impair the visual resource of said! Subject Property, and to limit the use and development on the Subject Property to those Permitted Uses referred to in Paragraph 2 hereinabove. All other uses and develop- ment on the Subject Property, except those uses prohibited in Paragraph 4 hereinabove, shall also be prohibited unless specifically and mutually considered and approved by TOWN, by action of its Town Council, and DISTRICT, by action of its Board of Directors. 6. Condemnation. If the Property described herein is sought to be acquired, appropriated or condemned for another public use by any public or quasi - public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resource Code shall apply and be asserted. ��Jii�.eJri a Page Park Easement Page 7 7. Remedies Upon Default. a) In the event the DISTRICT, or any successor in interest of the DISTRICT, breaches or violates any of the covenants, conditions, or restrictions contained herein, TOWN, pursuant to action by the Town Council, shall give the then record owner of the Subject Property written notice of such breach or violation. Any such notice shall specify with particularity the nature of the breach or violation claimed and shall set forth in detail the action which the party giving such notice requests be taken in order to cure the claimed breach or violation. b) If such breach or violation continues uncured for a period of sixty (60) days or more after the giving of such notice, TOWN shall have the right to prosecute any nroceedi= at or _ -- �, aainst the then record owner of the Subject Property or any other person violating, attempting to violate, or breaching any of the provisions contained herein, in order to prevent the violating or breaching party or any such person from violating or attempting to violate or breach any of the covenants, conditions, or restrictions contained herein. The remedies available under this Paragraph shall include, by way of illustration, but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions, and permanent injunctions enjoining or remedying any such violation or breach or attempted violation or breach. C) If TOWN or DISTRICT, or any successor of DISTRICT shall bring an action against any of the other parties hereto by reason of the violation or breach of any covenant, condition, or restriction contained herein, Wur�' c^r7 Park Easement a Page 8 or otherwise arising out of the terms of this Easement, the prevailing party in such suit or proceeding (as determined by the Court) shall be entitled to recover attorneys' fees which shall be payable whether or not such action or proceeding is prosecuted to judgment, provided that no award of attorneys' fees shall be rendered against either party unless the court finds that such party's action or inaction is willful and in bad faith. 8. Binding on Successors. It is further understood and agreed that this Easement and each and every term, condition, restric- tion and covenant contained herein is made and intended for the benefit of TOWN, its successors and assigns, and that it constitutes an enforceable restriction. This Easement is expressly intended by TOW7N and DISTRICT to run with the land described in Exhibit "I ", to sti - -- - -': shall bind each and every successive owner of said Property, or of any interest therein, and shall be enforceable by TOWN, its successors and assigns. 9. Mortgagee Protection. No breach or violation of any Of the covenants, conditions or restrictions contained herein shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust made in good faith and for value encumbering the Subject Property or any portion thereof, but all of the covenants, conditions and restrictions contained herein shall be binding upon and effective against each owner of the Subject Property, or any portion thereof whose title hereto is acquired by foreclosure, trustee's sale, or otherwise. 10. Severability. Invalidation of any one or more of the covenants, conditions, restrictions, or other provisions contained herein by judgment or court order shall not invalidate any of the Park Easement Page 4 other covenants, conditions, restrictions, or other provisions contained herein and the same shall remain in full force and effect. 11. Amendment and Termination. This Easement shall be effective as of the date of recordation hereof in the Office of the Santa Clara County Recorder, and may, with written consent of DISTRICT, be amended in whole or in part or terminated only by a written instrument executed by TOWN, or any successor of TOWN (by reorganization or otherwise), pursuant to resolution adopted by the Town Council of Los Gatos in behalf of and for the owners and occupants of all other parcels or real property located in the TOWN, and by all of the then record owners thereafter recorded in the Office of the Santa Clara County Recorder. Nothing herein shall be deemed to require the approval or consent of any other owner or occupant of any other parcel of real property located in the Town of Los Gatos for such amendment, in whole or in part, Of -'-is �. .-Sei-_n -. 12. Failure to Enforce Not a waiver. The failure of TOWN or its successor to enforce any of the provisions contained herein shall in no event be deemed a waiver of the right to do so there- after, nor of the right to enforce any other provision hereof. 13. Discretion of DISTRICT. It is acknowledged by the parties that DISTRICT is a public agency governed by an elected Board of Directors which is charged with the management of its lands pursuant to the California Public Resources Code (see, e.g., Sections 5541, 5565). It is not the intent of the parties to limit said Board's good faith exercise of discretion in its effort to enforce rules, regulations or policies pursuant to this Easement upon or with respect to the Subject Property. „a) ( la's d °--° -ter ell;ja of Park Easement TOWN OF LOS GATOS By: Mayor ATTEST: Town Clerk Date: Page 10 MISPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors ATTEST: District Clerk Date: a,gq nc° Pao-, ZjLOf PARK EASEMENT - Legal Description Exhibit 1, Page 1 of 7 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: ALL THAT PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION TWENTY - NINE (29) IN TOWNSHIP EIGHT SOUTH, RANGE 1 WEST, M.D.B. M., LYING EASTERLY OF THE EASTERLY LINE OF ASSESSMENT LOT NO. 79, AS SAID EASTERLY LINE IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 72 SAN JOSE WATER WORKS LANDS ", WHICH MAP WAS FILED ON FEBRUARY 26, 1944 IN BOOK 6 OF MAPS, AT PAGE 30, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING 16.50 FEET ON EACH SIDE OF THE CENTER LINE ASSESSMENT LOT NO. 70 -B AS SAID CENTER LINE IS DESCRIBED AND SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 81 SAN JOSE WATER WORKS LANDS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 1, 1944 IN BOOK 6 OF MAPS, AT PAGE 35. EXCEPTING THEREFROM: ALL THAT PORTION THEREOF LYING WESTERLY OF THE HIGH WATER LINE OF THE EAST BANK OF THE LOS GATOS CREEK. PARCEL TWO: LOTS 1, 2, 13 AND 14 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST M.D.B. & M. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING 16.50 FEET ON EACH SIDE OF THE CENTER LINE OF ASSESSMENT LOT NO. 70 -B AS SAID CENTER LINE IS DESCRIBED AND SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 81 SAN JOSE WATER WORKS LANDS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 1, 1944 IN BOOK 6 OF MAPS, AT PAGE 35. ALSO EXCEPTING THEREFROM: THAT PORTION THEREOF LYING WITHIN THE BOUNDS OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO NOVIATE OF LOS GATOS, BY INSTRUMENT RECORDED FEBRUARY 23, 1972 IN BOOK 9715, OFFICIAL RECORDS, PAGE 309, AS FOLLOWS, TO WIT: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 20, 21, 28, AND 29 OF TOWNSHIP 8 SOUTH, RANGE I WEST, MOUNT DIABLO BASE AND MERIDIAN. THENCE SOUTH 890 15' EAST ON AND ALONG THE SECTION LINE COMMON TO SAID SECTIONS 21 and 28, A DISTANCE OF 880 FEET, TO THE TRUE POINT OF COMMENCEMENT OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE FROM SAID TRUE POINT OF COMMENCEMENT, SOUTHERLY, AT RIGHT ANGLES TO SAID SECTION LINE, A DISTANCE OF 325 FEET, THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION LINE), A DISTANCE OF 150 FEET, THENCE AT RIGHT ANGLES, SOUTHERLY, A DISTANCE OF 310 FEET, Uf Ndft PARK EASEMENT- Le, 1 Description Exhibit I, Page 2 of 7 THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION LINE), A DISTANCE OF 185 FEET, THENCE AT RIGHT ANGLES, NORTHERLY, A DISTANCE OF 210 FEET, THENCE AT RIGHT ANGLES, EASTERLY, (AND PARALLEL TO SAID SECTION LINE), A DISTANCE OF 55 FEET, THENCE AT RIGHT ANGLES, NORTHERLY, A DISTANCE OF 425 FEET TO A POINT IN THE SAID SECTION LINE COMMON TO SAID SECTIONS 21 AND 28, THENCE NORTH 890 15' WEST ON AND ALONG SAID SECTION LINE, A DISTANCE OF 390 FEET, TO THE TRUE POINT OF COMMENCEMENT, CONTAINING 4.35 ACRES, AND BEING A PORTION OF LOT 1 (NORTHWEST 1/4, NORTHWEST 1/4) OF SAID SECTION 28. ALSO EXCEPTING FROM PARCEL ONE AND PARCEL TWO ABOVE DESCRIBED: THAT PORTION THEREOF LYING WITHIN THE BOUNDS OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO TOWN OF LOS GATOS, BY INSTRUMENT RECORDED OCTOBER 9, 1967 IN BOOK 7885, OFFICIAL RECORDS, PAGE 241, AS FOLLOWS, TO WIT: A PORTION OF SECTIONS 20, 21, 28 AND 29 OF TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M., DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH IRON PIPE SET AT THE SOUTHERLY TERMINUS OF THE EASTERLY LINE OF JONES ROAD, 40 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NORTH 554, STONEHEDGE, FILED JULY 18, 1949, BOOK 24 OF MAPS, PAGE 18, RECORDS OF SANTA CLARA COUNTY, SAID POINT OF BEGINNING ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 1, AS SHOWN ON SAID MAP; THENCE NORTH 890 39' WEST ALONG THE SOUTHERLY TERMINUS OF SAID JONES ROAD AND THE SOUTHERLY LINE OF LOT A, AS SHOWN ON THE MAP OF CANYON VIEW TERRACE, FILED NOVEMBER 19, 1927, BOOK "W" OF MAPS, PAGES 22 and 23, SANTA CLARA COUNTY RECORDS, 364.06 FEET TO A 2" x 2" STAKE SET AT THE SOUTHEASTERLY CORNER OF LOT 7, AS SHOWN ON THE MAP OF TRACT NO. 330, ARROYA VISTA, FILED JULY 8, 1946, BOOK 11 OF MAPS, PAGE 14, RECORDS OF SANTA CLARA COUNTY; THENCE NORTH 890 36' 42" WEST ALONG THE SOUTHERLY LINES OF LOTS 7 AND 8 OF SAID TRACT NO. 330, ARROYA VISTA, 163.88 FEET TO A ONE INCH IRON PIPE; THENCE ALONG THE EASTERLY LINE OF THE STRIP OF LAND RESERVED FOR THE OLD FLUME OF THE LOS GATOS MANUFACTURING COMPANY, THE FOLLOWING COURSES AND DISTANCES: SOUTH 90 54' 32" EAST, 232.98 FEET TO A ONE INCH PIPE; AND SOUTH 70 35' 28" WEST 95.04 FEET TO A ONE INCH IRON PIPE SET AT THE MOST NORTHERLY CORNER OF THE 0.117 ACRE PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED SEPTEMBER 28, 1954, BOOK 2969 OFFICIAL RECORDS, PAGE 49; THENCE ALONG THE EASTERLY LINE OF SAID 0.117 ACRE PARCEL OF LAND THE FOLLOWING COURSES AND DISTANCES: SOUTH 170 13' 23" EAST, 34.85 FEET TO A C.H.C. MONUMENT AND SOUTH 170 4912111 WEST, 176.84 FEET TO A ONE INCH IRON PIPE SET AT THE MOST SOUTHERLY corner THEREOF; THENCE SOUTH 40 46' 14" EAST 171.90 FEET; THENCE SOUTH 800 18' 00" EAST 255.48 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 260 13' 19" EAST 34.88 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 380 00' 19" EAST 29.00 FEET TO A ONE INCH IRON PIPE; PARK EASEMENT - Legal Description Exhibit I, Page 3 of 7 THENCE NORTH 280 55'.19" EAST 93.27 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 270 25' 19" EAST 63.59 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 330 40' 19" EAST 28.42 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 370 15' 19" EAST 40.17 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 670 27' 19" EAST 11.23 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 300 25' 19" EAST 73.55 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 350 05' 19" EAST 17.95 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 430 55' 19" EAST 46.15 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 370 40' 19" EAST 13.93 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 230 55' 19" EAST 28.35 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 180 05' 19" EAST 31.06 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 210 35' 19" EAST 18.04 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 350 40' 19" EAST 15.16 FEET TO A ONE INCH IRON - PIPE; THENCE NORTH 460 25' 19" EAST 14.35 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 510 35' 19" EAST 47.55 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 460 40' 19" EAST 25.72 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 400 15' 19" EAST 51.30 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 420 40' 19" EAST 63.83 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 460 50' 19" EAST 26.84 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 350 55' 19" EAST 9.32 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 280 15' 19" EAST 9.61 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 200 25' 19" EAST 69.18 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 120 30' 19" EAST 9.73 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 60 05' 19" EAST 23.58 FEET TO A ONE INCH IRON PIPE; WHICH BEARS SOUTH 890 34' 43" EAST FROM THE POINT OF BEGINNING: THENCE NORTH 890 34' 43" WEST ALONG T'r'E EAST PROLONGATION OF THE SOUTHERLY LINE OF LOT 1 AS SHOWN ON SAID NI AP OF TRACT NO. 554, STONEHEDGE, 55.86 FEET TO A 3/4 INCH IRON PIPE SET AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 890 34' 43" WEST ALONG SAID SOUTHERLY LINE 150 FEET TO THE POINT OF BEGINNING AND DESIGNATED AS 8.000 ACRES, MORE OR LESS, ON THE RECORD OF SURVEY MAP FILED JUNE 22, 1967, BOOK 224, MAPS, PAGE 21, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM: ALL THAT PORTION THEREOF LYING WESTERLY OF THE HIGH WATER LINE OF THE EAST BANK OF THE LOS GATOS CREEK. PARCEL THREE: THAT PORTION OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 29 IN TOWNSHIP 8 SOUTH , RANGE 1 WEST, M.D.B. & M., DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER SECTION CORNER STANDING IN THE SECTION LINE RUNNING BETWEEN SECTIONS 28 AND 29 AND IN THE TOWNSHIP AND RANGE AFORESAID, AND RUNNING THENCE SOUTH ALONG SAID SECTION LINE 591.36 FEET TO A POINT MARKED "H.W." (BEING THE COMMON CORNER OF THE LAND DESCRIBED HEREIN AND THE LANDS FORMERLY OF HUMPHREY ESTATE INC.) THENCE WEST ALONG THE NORTHERLY LINE OF SAID HUMPHREY LAND 724.02 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF ASSESSMENT LOT NO. 15, AS SAID LOT AND LINE ARE SHOWN AND DESCRIBED UPON THAT CERTAIN MAP ENTITLED, "MAP NO. 71 OF SAN JOSE WATER WORKS LAND ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON FEBRUARY 26, 1944 IN BOOK 6 OF MAPS, AT PAGE 29, RECORDS OF SAID COUNTY; a'uLsw. 3 of J 07 PARK EASEMENT - Le 1 Description Exhibit I, Page 4 of 7 THENCE NORTHERLY ALONG SAID EASTERLY LINE OF ASSESSMENT LOT NO. 15, TO POINT OF INTERSECTION OF SAID EASTERLY LINE WITH THE QUARTER SECTION LINE RUNNING EAST AND WEST THROUGH SAID SECTION 29; THENCE EASTERLY ALONG THE LAST MENTIONED LINE 736.56 FEET, MORE OR LESS TO THE POINT OF BEGINNING. PARCEL FOUR: LOTS 3, 4, 5 AND 6 IN SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. TOGETHER WITH THE RIGHT TO CONSTRUCT AND USE A ROAD OR ROADS ACROSS PARCEL 1A DESCRIBED BELOW, FOR ACCESS TO AND FROM THE REMAINING PROPERTY OF THE GRANTORS LOCATED NORTHERLY OF SAID PARCEL TO THE NEW TWO -WAY TO BE BUILT BY THE GRANTEE ON SAID PARCEL, AS RESERVED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, DATED SEPTEMBER 20, 1951, RECORDED SEPTEMBER 26, 1951 IN BOOK 2290 OF OFFICIAL RECORDS AT PAGE 207. IA. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, RECORDED SEPTEMBER 26, 1951 IN BOOK 2290 OF OFFICIAL RECORDS AT PAGE 207, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 28 and 33, TOWNSHIP 8, SOUTH, RANGE 1 WEST, M.D.B. & M., SAID POINT LYING SOUTH 880 38' EAST 1239.92 FEET FROM SECTION CORNER 29/28 TOWNSHIP 8 SOUTH RANGE 1 VEST M.D.B. & M.; 32/33 THENCE LEAVING SAID POINT OF BEGINNING THE FOLLOWING COURSES AND DISTANCES: NORTH 230 43' EAST, 537.35 FEET; NORTH 600 29' EAST, 664.95 FEET; NORTH 690 29' EAST, 149.05 FEET; NORTH 850 16' EAST, 640.55 FEET TO A POINT ON THE EASTERLY BOUNDARY OF LOT 6 IN SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST, M.D.B. & M.; THENCE ALONG SAID LOT LINE SOUTH 00 05' WEST, 962.17 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 1 WEST„ M.D.B. & M.; THENCE ALONG THE SECTION LINE BETWEEN SECTION 28 and 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M., NORTH 880 38' WEST, 1571.78 FEET TO THE POINT OF BEGINNING. CONTAINING 26.47 ACRES, MORE OR LESS, AND BEING A PART OF LOTS 4 AND 6 IN SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST, M.D.B. & M. 2A. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED FROM NOVITIATE OF LOS GATOS, TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, RECORDED NOVEMBER 7, 1952 IN BOOK 2522 OF OFFICIAL RECORDS AT PAGE 420, DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; 6e CO Tiff2. PARK EASEMENT - Le,_ _ Description Exhibit I, Page 5 of 7 THENCE NORTHERLY AND ALONG THE SECTION LINE, -NORTH AND SOUTH BETWEEN SECTIONS 28 AND 29, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; NORTH 654.66 FEET TO THE POINT OF INTERSECTION. OF SAID LAST MENTIONED SECTION LINE WITH THE CENTER LINE OF A 20 FOOT RIGHT OF WAY HEREINBEFORE CONVEYED TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT; THENCE LEAVING SAID MENTIONED SECTION LINE, NORTH 850 04' EAST 2181.91 FEET AND NORTH 850 16' EAST 640.55 FEET TO A POINT ON THE QUARTER SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; THENCE SOUTHERLY AND ALONG THE LAST MENTIONED QUARTER SECTION LINE, SOUTH 00 05' WEST, 962.17 FEET TO THE QUARTER SECTION CORNER ON THE SOUTH BOUNDARY OF SECTION 28, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; THENCE WESTERLY AND ALONG THE SECTION LINE RUNNING EAST AND WEST BETWEEN SECTIONS 28 AND 33, TOWNSHIP 8 SOUTH RANGE 1 WEST., M.D.B. & M.; NORTH 880 38' WEST 2811.60 FEET TO THE PLACE OF BEGINNING. CONTAINING 52.232 ACRES OF LAND, MORE OR LESS. EXCEPTING THEREFROM PARCEL 1 OF LANDS CONVEYED HEREBEFORE TO SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, BY DEED RECORDED SEPTEMBER 26, 1951 IN BOOK 2290, OFFICIAL RECORDS, PAGE 207. EXCEPTING THEREFROM ALL THAT PORTION OF PARCELS ONE, TWO, THREE AND FOUR LYING EASTERLY OF THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28 AND NORTHERLY Oft i_r= nF I THE DRS "VN PARALLEL AND 20 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 28 AND 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 AND 29 SOUTH 00 12' 40" EAST, 278.55 FEET TO THE CENTERLINE OF A ROAD, AND THE POINT OF BEGINNING FOR THIS DESCRIPTION, SAID POINT OF BEGINNING BEARS NORTH 00 12' 40" WEST, 2401.91 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 28, 29, 32 AND 33; THENCE ALONG THE CENTERLINE OF SAID ROAD THE FOLLOWING COURSES: THENCE SOUTH 750 35' 50" EAST THENCE SOUTH 420 05' 40" EAST THENCE SOUTH 300 O1' 00" WEST THENCE SOUTH 560 34' 10" WEST THENCE SOUTH 710 23' 20" WEST THENCE SOUTH 790 13' 50" WEST THENCE SOUTH 540 05' 30" WEST THENCE SOUTH 110 32' 10" EAST THENCE SOUTH 510 02' 30" EAST THENCE SOUTH 710 29' 20" EAST THENCE SOUTH 730 59' 20" EAST THENCE SOUTH 830 58' 10" EAST THENCE NORTH 830 14' 00" EAST THENCE NORTH 690 31' 50" EAST THENCE NORTH 630 21' 00" EAST THENCE NORTH 570 59' 30" EAST THENCE NORTH 650 19' 10" EAST 31.01 FEET TO A RAILROAD SPIKE; 33.05 FEET TO A RAILROAD SPIKE; 23.62 FEET PTO A RAILROAD SPIKE; 24.31 FEET TO A RAILROAD SPIKE; 26.66 FEET TO AN IRON PIPE; 49.81 FEET TO AN IRON PIPE; 34.10 FEET TO A RAILROAD SPIKE; 33.75 FEET TO A RAILROAD SPIKE; 26.32 FEET TO A RAILROAD SPIKE; 49.30 FEET TO A RAILROAD SPIKE; 35.78 FEET TO A RAILROAD SPIKE; 18.68 FEET TO A RAILROAD SPIKE; 68.44 FEET TO A RAILROAD SPIKE; 40.17 FEET TO A RAILROAD SPIKE; 50.64 FEET TO A RAILROAD SPIKE; 33.50 FEET TO A RAILROAD SPIKE; 33.86 FEET TO A RAILROAD SPIKE; 3i Cot 5 y�. PARK EASEMENT - Le 1 Description Exhibit I, Page 6 of 7 THENCE NORTH 590 35' 50" EAST 29.39 FEET TO AN IRON PIPE; THENCE NORTH 470 21' 10" EAST 51.52 FEET TO AN IRON PIPE; THENCE NORTH 320 52' 00" EAST 51.06 FEET TO A RAILROAD SPIKE; THENCE NORTH 430 08' 20" EAST 31.78 FEET TO A RAILROAD SPIKE; THENCE NORTH 52° 45' 30" EAST 62.48 FEET TO A RAILROAD SPIKE; THENCE NORTH 430 29' 50" EAST 83.42 FEET TO A RAILROAD SPIKE; THENCE NORTH 610 24' 40" EAST 45.48 FEET TO A RAILROAD SPIKE; THENCE NORTH 790 57' 00" EAST 49.55 FEET TO A RAILROAD SPIKE; THENCE NORTH 840 05' 50" EAST 138.65 FEET TO A RAILROAD SPIKE; THENCE NORTH 750 28' 20" EAST 44.70 FEET TO A RAILROAD SPIKE; THENCE NORTH 650 51' 30" EAST 24.10 FEET TO A RAILROAD SPIKE; THENCE NORTH 550 17' 00" EAST 42.54 FEET TO A RAILROAD SPIKE; THENCE NORTH 670 31' 30" EAST 39.67 FEET TO AN IRON PIPE; THENCE NORTH 720 59' 10" EAST 64.61 FEET TO AN IRON PIPE; THENCE SOUTH 080 46' 10" WEST 63.97 FEET TO AN IRON PIPE; THENCE SOUTH 070 40' 30" EAST 68.37 FEET TO A RAILROAD SPIKE; THENCE SOUTH 230 -30' 40" EAST 44.36 FEET TO A RAILROAD SPIKE; THENCE SOUTH 280 50' 30" EAST 84.79 FEET TO A RAILROAD SPIKE; THENCE SOUTH 430 44' 40" EAST 34.93 FEET TO A RAILROAD SPIKE; THENCE SOUTH 780 20' 50" EAST 23.96 FEET TO A RAILROAD SPIKE; THENCE NORTH 840 31' 20" EAST 23.62 FEET TO A RAILROAD SPIKE; THENCE NORTH 730 27' 30" EAST 141.13 FEET TO A RAILROAD SPIKE; THENCE NORTH 820 34' 50" EAST 32.65 FEET TO AN IRON PIPE; THENCE NORTH 860 25' 30" EAST 38.92 FEET TO A RAILROAD SPIKE; THENCE SOUTH 770 41' 30" EAST 88.11 FEET TO AN IRON PIPE; THENCE SOUTH 690 52' 50" EAST 68.42 FEET TO A RAILROAD SPIKE; THENCE SOUTH 630 02' 50" EAST 133. "o6 FEET TQ A RAILROAD SPIKE; THENCE SOUTH 880 46` 00" EAST 26.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 370 07' 10" EAST 22.09 FEET TO A RAILROAD SPIKE; THENCE NORTH 030 41' 20" EAST 23.26 FEET TO A RAILROAD SPIKE; THENCE NORTH 060 43' 30" WEST 75.20 FEET TO A RAILROAD SPIKE; THENCE NORTH 010 21' 40" WEST123.70 FEET TO A RAILROAD SPIKE; THENCE NORTH 130 07' 20" WEST 80.94 FEET TO AN IRON PIPE; THENCE NORTH 020 61' 30" EAST 67.25 FEET TO A RAILROAD SPIKE; THENCE NORTH 100 O1' 10" EAST 46.66 FEET TO AN IRON PIPE; THENCE NORTH 140 02' 30" EAST 35.33 FEET TO A RAILROAD SPIKE; THENCE NORTH 260 33' 10" EAST 75.63 FEET TO A RAILROAD SPIKE; THENCE NORTH 480 13' 10" EAST 104.63 FEET TO AN IRON PIPE; THENCE NORTH 520 26' 10" EAST 60.00 FEET; THENCE LEAVING THE CENTERLINE OF SAID ROAD AND RUNNING THE FOLLOWING COURSES: THENCE NORTH 010 00' 00" WEST 37.00 FEET; THENCE NORTH 100 00' 00" EAST 165.00 FEET; THENCE NORTH 400 00' 00" EAST 100.00 FEET; THENCE NORTH 760 00' 00" EAST 90.00 FEET; THENCE SOUTH 800 00' 00" EAST 80.00 FEET; THENCE SOUTH 620 00' 00" EAST 210.00 FEET; THENCE SOUTH 820 00' 00" EAST 65.00 FEET; THENCE NORTH 620 00' 00" EAST 65.00 FEET; THENCE NORTH 470 00' 00" EAST 575.00 FEET; THENCE NORTH 730 00' 00" EAST 129.86 FEET, QUARTER SECTION LINE OF SAID SECTION 28. TO THE NORTH -SOUTH ....sJuu3 S ."ssJ6 '01 PARK EASEMENT - Leg-i Description Exhibit I, Page 7 of 7 ALSO EXCEPTING THEREFROM: THAT PORTION OF PARCELS ONE, TWO, THREE AND FOUR DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER COMMON TO SECTION 28 & 29 IN TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. AND RUNNING THENCE ALONG THE LINE COMMON TO SAID SECTIONS 28 & 29, THENCE SOUTH 00 12' 40" EAST, 257.88 FEET; THENCE NORTH 750 35' 50" WEST, 10.52 FEET; THENCE NORTH 590 59' 50" WEST, 114.39 FEET; THENCE NORTH 780 01' 30" WEST, 70.98 FEET; THENCE SOUTH 770 15' 50" WEST, 37.67 FEET; THENCE SOUTH 340 03' 30" WEST, 50.89 FEET; THENCE SOUTH 160 26' 40" WEST, 75.05 FEET; THENCE SOUTH 270 18' 20" WEST, 13.38 FEET; THENCE NORTH 3° 14' 10" WEST, 47.28 FEET; THENCE NORTH 350 33' 40" WEST, 64.40 FEET; THENCE NORTH 240 15' 40" WEST, 29.23 FEET; THENCE NORTH 20 24' 00" WEST, 22.68 FEET; THENCE NORTH 170 30' 30" EAST, 34.22 FEET; THENCE NORTH 350 07' 40" EAST, 27.58 FEET; THENCE NORTH 580 07' 30" EAST, 48.59 FEET; THENCE NORTH 640 52' 10" EAST, 25.40 FEET; THENCE NORTH 560 15' 10" EAST, 41.66 FEET; THENCE NORTH 10 °_44' 20" EAST, 72.01 FEET; THENCE NORTH 290 39' 20" EAST, 264 FEET; MORE OR LESS TO THE LINE COMMON TO SECTIONS 28 & 29; THENCE SOUTHERLY ALONG THE LINE COMMON TO SECTIONS 28 & 29, 199 FEET MORE OR LESS TO THE POINT OF BEGINNING. 7 +Ta sQ ®f