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Attachment 6EXECUTION COPY SMHH\54443\1355092.9 September 13, 2018 Recording Requested by: TOWN OF LOS GATOS WHEN RECORDED MAIL TO: CLERK ADMINISTRATOR TOWN OF LOS GATOS 110 E MAIN ST LOS GATOS, CA 95030 (SPACE ABOVE BAR FOR RECORDER’S USE) (RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 and 6103) AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY North 40 Phase 1 Los Gatos, CA 95032 APNs: 424-07-024 through 424-07-027, 424-07-031 through 424-07-035, 424-07-070, 424-07- 084 through 424-07-086, 424-07-090, and 424-07-113 through 424-07-114 DRAFT ATTACHMENT 6 EXECUTION COPY SMHH\54443\1355092.9 1 September 13, 2018 AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY THIS AGREEMENT FOR PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (the “Agreement”) is made and entered into as of this ____ day of ___________, 2018, by and between SummerHill N40 LLC, a California limited liability company (“Property Owner”), and the Town of Los Gatos, a municipal corporation (“Town”), with an address of c/o Parks and Public Works Department, 41 Miles Avenue, Los Gatos, California 95030, with reference to the following facts: A. Property Owner owns that certain real property located in the Town of Los Gatos, Santa Clara County, California, more particularly described in Exhibit A attached hereto and incorporated herein and commonly known as “North 40 Phase 1.” B. Property Owner sought approval under Resolution No. 2017-045 for the development of 253 residential condominiums, 10 market-rate rental apartments, 50 senior affordable apartments, and commercial space (the “Project”). C. As a condition of Project approval, the Town has required Property Owner to construct certain improvements, namely the landscaping, irrigation, street furniture (such as benches), and multi-use path, in the public right-of-way, which improvements have been approved by the Town for the benefit of this Project as well as other property owners in accordance with Condition 47 and the Tentative Map approval dated August 1, 2017. D. Pursuant to Condition 47 and the Tentative Map, Property Owner shall install right of way improvements for the benefit of the occupants of the Project and for the benefit of the public. NOW, THEREFORE, Property Owner enters into this Agreement with the Town. The Property Owner, its successors and assigns, shall have the right and obligation to maintain the private improvements being constructed pursuant to the Tentative Map and Condition 47 in the Town’s right- of-way along the portions of Lark Ave. and Los Gatos Blvd. that abut the Project, limited to the landscaping, irrigation, street furniture (such as benches), and multi-use path (collectively, the “ROW Improvements”) located in the right-of-way area shown on Exhibit B attached hereto and incorporated herein, under Encroachment Permit No. EN __ - ____ All conditions of Encroachment Permit No. EN __-____ remain in full force and effect. The Property Owner shall be solely responsible for maintaining the ROW Improvements in a good and safe manner. The Property Owner shall be responsible for the cost to maintain the ROW Improvements, provided that if the Town or any person acting under the authority of a party damages any ROW Improvement, the responsible party shall pay all costs to repair or replace the damaged ROW Improvement to the same or better condition as before the damage occurred. Property Owner shall indemnify, defend, and hold harmless the Town, its officers, officials, agents, volunteers, employees and attorneys from any and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney’s fees) arising out of or connected with, or alleged to arise out of or be connected with, the installation, design or condition of the ROW Improvements, except for any claims, actions, losses, liabilities and costs proximately caused by the negligence or willful misconduct of the Town, its officers, officials, agents, volunteers, employees or attorneys. This provision is intended to be the dispositive of all rights of indemnity and contribution between the parties, and Property Owner waives and releases any and all rights to indemnity or contribution from the Town, in law or equity, arising out of or connected with any and all claims, actions, losses, liabilities and costs (including DRAFT SMHH\54443\1355092.9 2 September 13, 2018 reasonably incurred attorney’s fees) for which Property Owner is obligated under this paragraph to provide indemnity or defense to the Town, its officers, officials, volunteers, employees or attorneys. In connection with future road widening and future Town work within the area covered by the Encroachment Permit, the Town, in its sole discretion, may revoke the rights granted under Encroachment Permit No. EN - and remove the ROW Improvements installed under Encroachment Permit No. EN - at any time, without liability to the Property Owner, or require that the ROW Improvements be removed and the Property Owner shall have (i) no right to compensation from Town in any form as a result thereof, and (ii) no further obligation to construct the ROW Improvements. In the event that the Property Owner fails to reimburse the Town for the costs of removing the ROW Improvements within 30 days after written notice and opportunity to cure by the Town to Property Owner (“default”), if required by this Agreement, the Town shall have and may execute the absolute right, at the Town’s option and without demand or notice to the Property Owner, to record a lien, attached as Exhibit C and incorporated herein by this reference (“Lien”) on said real property. Town’s failure to exercise this option shall not constitute a waiver of the right lo exercise it in the event of any subsequent default. (a) Amount of Lien: The Lien shall be for the entire amount then owing under this Agreement. (b) Recordation: If a default has occurred after the required notice to cure period, Town is authorized to record the Lien in the Recorder’s Office of Santa Clara County, California. (c) Enforcement: Town shall have full authority to perform all acts and things that Town may consider necessary or advisable to impose, maintain and enforce the Lien. (d) Notices: Any notice, demand or request required hereunder or by law shall be given in writing (at the addresses set forth below) by any of the following means: (i) personal service; (ii) facsimile; (iii) overnight courier or delivery service; or (iv) registered or certified, first class U.S. mail, return receipt requested. The Property Owner agrees to maintain general liability insurance with a limit of at least $100,000 for damages arising from the installation, design or condition of the ROW Improvements. This Agreement shall be recorded in the records of Santa Clara County, California. The rights and duties described herein shall constitute covenants running with the land and equitable servitudes that benefit and bind North 40 Phase 1 and the Property Owner and each successive owner(s) thereto. Owners of any property bound by this Agreement shall be liable for any defaults under this Agreement only during the period the Owner held an ownership interest in the property and shall not be liable for any defaults committed by a predecessor or successor owner unless assumed in writing. If there are multiple owners of the property bound by this Agreement at any given point in time, each owner shall be jointly and severally liable for the duties contained herein. DRAFT SMHH\54443\1355092.9 3 September 13, 2018 No breach of this Agreement shall defeat or render invalid the lien of any deed of trust or mortgage recorded against all or any portion of North 40 Phase 1. No lender taking title to all or any portion of North 40 Phase 1 through foreclosure or deed in-lieu of foreclosure shall be liable for any defaults or monetary obligations of Property Owner arising prior to acquisition of possession of such property by such lender. The foreclosing lender shall have the right to find a substitute developer to assume the obligations of Property Owner, which substitute shall be considered for approval by Town pursuant to this Agreement, which approval shall not be unreasonably withheld, conditioned or delayed. Town agrees to provide any lender who has recorded a deed of trust or mortgage against all or any portion of North 40 Phase 1 of which Town has been given notice (each, a “Lender”) with written notice of any default relating to Property Owner and/or North 40 Phase 1 given by Town to Property Owner. Town agrees that, notwithstanding anything to the contrary contained in this Agreement, Lender shall have an additional sixty (60) days from the date Lender receives notice of a default to cure any such default, provided that Lender shall not have any obligation to cure any such default. Executed this day of _______________, 2018. PROPERTY OWNER: SUMMERHILL N40 LLC, a California limited liability company By: SummerHill Homes LLC, a California limited liability company Its Manager By: Its By: Its TOWN: Town of Los Gatos, a municipal Corporation By: Matt Morley Its: Director of Parks and Public Works (Attach Notary Acknowledgment For All Parties) DRAFT SMHH\54443\1355092.9 1 September 13, 2018 EXHIBIT A to the Agreement For Private Improvements In The Public Right-Of-Way LEGAL DESCRIPTION OF NORTH 40 PHASE 1 Real property in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF HEREINAFTER REFERRED TO THAT IS DISTANT ALONG SAID LINE NORTH 58°34'00” WEST, 350 FEET FROM THE INTERSECTION OF SAID LINE DIVIDING SAID LOTS 2 AND 3 WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, AS SAID ROAD IS SHOWN 40 FEET WIDE UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG THE LINE DIVIDING SAID LOTS 2 AND 3 (SAID DIVIDING LINE ALSO BEING THE CENTER LINE OF THE 16 FOOT RIGHT OF WAY HEREINAFTER DESCRIBED) NORTH 58°34'00” WEST 75 FEET; THENCE LEAVING SAID LINE AND RUNNING NORTH 31°26'00” EAST, 154.33 FEET; THENCE SOUTH 58°34'00” EAST, 75 FEET; THENCE SOUTH 31°26'00” WEST, 154.33 FEET TO THE POINT OF BEGINNING, BEING A PART OF LOT 2, AS SHOWN UPON A MAP ENTITLED, "RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS, BEING PART OF LOT 4 OF THE PARR PARTITION IN SAID RANCHO ORDERED SOLD BY THE PROBATE COURT OF THE SANTA CLARA COUNTY UNDER DATE OF JANUARY 4, 1895", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JUNE 12, 1895 IN BOOK "F" OF MAPS, AT PAGE 40. PARCEL ONE-A: A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROAD 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3, AS SAID LOTS AND ROAD (40 FEET WIDE) ARE SHOWN ON THE MAP OF THE WALKER TRACT, HEREINABOVE REFERRED TO; THENCE ALONG THE LINE DIVIDING SAID LOTS 2 AND 3, NORTH 58°34'00” WEST, 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL ONE. PARCEL TWO: A PORTION OF LOT 2 AS SHOWN ON THE RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS, FILED JUNE 12, 1885, BOOK "F" OF MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING IN THE DIVIDING LINE BETWEEN LOTS 2 AND 3, DISTANT THEREON NORTH 58°34'00” WEST 425 FEET FROM THE NORTHWEST LINE OF SOUTH BASCOM AVENUE, FORMERLY THE SAN JOSE-LOS GATOS ROAD, AS SAID LOTS AND ROAD ARE SHOWN ON SAID MAP; THENCE FROM SAID POINT OF BEGINNING NORTH 31°26'00” EAST, 154.33 FEET; DRAFT SMHH\54443\1355092.9 2 September 13, 2018 THENCE NORTH 58°34'00” WEST, 50 FEET; THENCE SOUTH 31°26'00” WEST, 154.33 FEET TO SAID LINE DIVIDING LOTS 2 AND 3; THENCE ALONG SAID LINE, SOUTH 58°34'00” EAST 50 FEET TO THE POINT OF BEGINNING. PARCEL TWO-A: THE RIGHT OF INGRESS OVER A PORTION OF LOTS 2 AND 3, AS SHOWN ON THAT RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS, FLIED JUNE 12, 1885, BOOK 'F" OF MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING IN THE NORTHWEST LINE OF SOUTH BASCOM AVENUE, FORMERLY SAN JOSE AND LOS GATOS ROAD, AS SAID ROAD IS SHOWN 40 FEET WIDE ON SAID MAP, DISTANT THEREON NORTH 31°26'00” EAST, 8 FEET FROM THE DIVIDING LINE BETWEEN SAID LOTS 2 AND 3; THENCE NORTH 58°34'00” WEST, 475 FEET; THENCE SOUTH 31°26'00” WEST, 16 FEET; THENCE SOUTH 58°34'00” EAST, 475 FEET TO SAID WESTERLY LINE OF SOUTH BASCOM AVENUE; THENCE ALONG SAID LINE NORTH 31°26'00” EAST 16 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDS OF THE ABOVE DESCRIBED PARCEL TWO. PARCEL THREE: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, WHERE THE SAME IS INTERSECTED BY A LINE DIVIDING LOTS 2 AND 3, AS THE SAME ARE SO DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS, BEING THAT PART OF LOT 4 OF THE PARR PARTITION IN SAID RANCHO ORDERED SOLD BY THE PROBATE COURT OF SANTA CLARA COUNTY UNDER DATE OF JANUARY 4, 1895", WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 12, 1895 IN BOOK "F" OF MAPS, PAGE 40; THENCE ALONG THE LINE DIVIDING LOTS 2 AND 3, NORTH 58°34'00” WEST 660 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 2; WHICH IS THE TRUE POINT OF BEGINNING; THENCE NORTH 31°26'00” EAST AND ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, 154.53 FEET; THENCE SOUTH 58°34'00” EAST 110 FEET; THENCE SOUTH 31°26'00” WEST 154.33 FEET TO THE LINE DIVIDING LOTS 2 AND 3 IN SAID WALKER TRACT AND THENCE NORTH 58°34'00” WEST 110 FEET TO THE POINT OF BEGINNING AND BEING A PART OF LOT 2 AS SHOWN UPON THE ABOVE ENTITLED MAP. PARCEL THREE-A: RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3, AS SAID LOTS AND ROAD (40 FEET WIDE) ARE SHOWN ON THE MAP OF THE WALKER TRACT, HEREINABOVE REFERRED TO; THENCE ALONG THE LINE DIVIDING LOTS 2 AND 3 NORTH 58°34'00” WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDS OF THE ABOVE DESCRIBED PARCEL THREE. DRAFT SMHH\54443\1355092.9 3 September 13, 2018 PARCEL FOUR: PORTION OF LOT 2, MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT FILED JUNE 12, 1895, MAP BOOK "F", PAGE 40, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, THAT IS DISTANT ALONG SAID LINE NORTH 58° 34' WEST 475 FEET FROM THE INTERSECTION OF SAID LINE DIVIDING SAID LOTS 2 AND 3 WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, AS SAID ROAD IS SHOWN, 40 FEET WIDE; THENCE ALONG THE LINE DIVIDING SAID LOTS 2 AND 3 (SAID DIVIDING LINE ALSO BEING THE CENTER LINE OF THE 16 FOOT RIGHT OF WAY HEREIN DESCRIBED) NORTH 58° 34' WEST 75 FEET; THENCE LEAVING SAID LINE NORTH 31° 26' EAST 154.33 FEET; THENCE SOUTH 58° 34' EAST 75 FEET; THENCE SOUTH 31° 26' WEST 154.33 FEET TO THE POINT OF BEGINNING. PARCEL FOUR-A: A NON-EXCLUSIVE RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, HEREIN REFERRED TO; THENCE ALONG THE LINE DIVIDING SAID LOTS 2 AND 3, NORTH 58° 34' WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL FOUR. PARCEL FIVE: PORTION OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF WALKER TRACT SUBDIVISION", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JUNE 12, 1895 IN BOOK "F" OF MAPS, AT PAGE 40 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LINE DIVIDING LOTS 2 AND 3, DISTANT THEREON NORTH 58°34'00” WEST, 460.0 FEET FROM THE INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERN LINE OF THE SAN JOSE-LOS GATOS ROAD, ALSO KNOW AS SOUTH BASCOM AVENUE, AS SAID LOTS AND ROAD ARE SHOWN UPON THE MAP ABOVE REFERRED TO; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 50.00 FEET; THENCE SOUTH 31°26'00” WEST, 132.0 FEET; THENCE SOUTH 58°34'00” EAST, 50.00 FEET; THENCE NORTH 31°26'00” EAST, 132.0 FEET TO THE POINT OF BEGINNING. PARCEL FIVE-A: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD, ALSO KNOWN AS SOUTH BASCOM AVENUE, WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, ACCORDING TO THE MAP DRAFT SMHH\54443\1355092.9 4 September 13, 2018 THEREOF OF RECORD IN BOOK F OF MAPS, PAGE 40; THENCE ALONG THE SAID LINE DIVIDING LOTS 2 AND 3, NORTH 58°34'00” WEST, 660.0 FEET TO THE NORTHWESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3, BEING A PORTION OF SAID LOTS 2 AND 3 OF SAID WALKER TRACT. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL FIVE. PARCEL SIX: PORTION OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "WALKER TRACT SUB. IN THE RINCONADA DE LOS GATOS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA JUNE 12, 1895 IN BOOK F OF MAPS, AT PAGE 40 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, AS SHOWN ON THE MAP HEREINABOVE REFERRED TO, DISTANT ALONG SAID LINE NORTH 58°34'00” WEST 410.00 FEET FROM THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, AS SHOWN ON SAID MAP; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 50.00 FEET; THENCE SOUTH 31°26'00” WEST 132.00 FEET; THENCE SOUTH 58°34'00” EAST 50.00 FEET; THENCE NORTH 31°26'00” EAST 132.00 FEET TO THE POINT OF BEGINNING. PARCEL SIX-A: A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A STRIP OF LAND 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD WHERE THE SAME IS INTERSECTED BY THE LINE DIVIDING LOTS 2 AND 3 OF WALKER TRACT ACCORDING TO THE MAP THEREOF OF RECORD IN BOOK F OF MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID LINE DIVIDING LOTS 2 AND 3 NORTH 58°34'00” WEST 660.00 FEET TO THE NORTHWESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3, BEING A PORTION OF SAID LOTS 2 AND 3 OF SAID WALKER TRACT. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL SIX. PARCEL SEVEN: BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT ACCORDING TO THE MAP THEREOF RECORDED IN BOOK "F" OF MAPS AT PAGE 40 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, SAID POINT OF BEGINNING BEING DISTANT ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 360 FEET FROM THE POINT OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD AS SHOWN ON SAID MAP, SAID POINT OF BEGINNING ALSO BEING THE CENTER LINE OF A RIGHT OF WAY 16 FEET WIDE; THENCE ALONG THE CENTER LINE OF SAID RIGHT OF WAY AND LINE DIVIDING SAID LOTS 2 AND 3 NORTH 58°34'00” WEST 50 FEET; THENCE SOUTH 31°26'00” WEST 132 FEET; THENCE SOUTH 58°34'00” EAST 50 FEET; THENCE NORTH 31°26'00” EAST 132 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF SAID LOT 3 HEREINABOVE REFERRED TO. PARCEL SEVEN-A: DRAFT SMHH\54443\1355092.9 5 September 13, 2018 A RIGHT OF WAY FOR INGRESS AND EGRESS OVER THAT CERTAIN STRIP OF LAND 16 FEET WIDE, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD WITH THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT HEREINABOVE REFERRED TO; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL SEVEN. PARCEL EIGHT: BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT SUBDIVISION IN THE RINCONADA DE LOS GATOS, MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 12, 1895, IN VOL. "F" OF MAPS, PAGE 40, THAT IS DISTANT THEREON NORTH 58°34'00” WEST, 560 FEET FROM THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD, AS SAID LOTS AND ROAD ARE SHOWN UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 50 FEET; THENCE SOUTH 31°36'00” WEST 132 FEET; THENCE SOUTH 58°34'00” EAST, 50 FEET; THENCE NORTH 31°26'00” EAST 132 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 3 OF THE WALKER TRACT SUBDIVISION, ACCORDING TO THE MAP HEREINABOVE REFERRED TO. PARCEL EIGHT-A: A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOTS 2 AND 3 WITH THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, AS THE SAME ARE SHOWN ON THE MAP OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOL. "F" OF MAPS, PAGE 40 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE BOUNDS OF THE ABOVE DESCRIBED PARCEL EIGHT. PARCEL NINE: BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK F OF MAPS, PAGE 40, IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, SAID POINT BEING DISTANT ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 260 FEET FROM THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, AS SHOWN ON SAID MAP, SAID POINT OF BEGINNING ALSO BEING THE CENTER LINE OF A RIGHT OF WAY 16 FEET WIDE; THENCE ALONG THE CENTER LINE OF SAID RIGHT OF WAY AND THE LINE DIVIDING SAID LOTS 2 AND 3, NORTH 58°34'00” WEST, 50 FEET; THENCE SOUTH 31°26'00” WEST 132 FEET; THENCE DRAFT SMHH\54443\1355092.9 6 September 13, 2018 SOUTH 58°34'00” EAST, 50 FEET; THENCE NORTH 31°26'00” EAST, 132 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF SAID LOT 3 HEREINABOVE REFERRED TO. PARCEL NINE-A: A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOTS 2 AND 3 WITH THE NORTHWESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD, AS THE SAME ARE SHOWN ON THE MAP OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOL. "F" OF MAPS, PAGE 40 SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID DIVIDING LINE NORTH 58°34'00” WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL NINE. PARCEL TEN: BEGINNING AT A 3/4 INCH PIPE IN THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD, SAID POINT BEING THE MOST EASTERLY CORNER OF LOT 4, OF THE WALKER TRACT SUBDIVISION AS SHOWN ON THE MAP THEREOF, RECORDED JUNE 12, 1895 IN BOOK "F" OF MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS, AND FROM WHICH POINT A 4" X 4" REDWOOD POST AT THE MOST SOUTHERLY CORNER OF SAID LOT 4, BEARS SOUTH 31º 26' WEST 264 FEET DISTANT; THENCE FOLLOWING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 4, FOR A DISTANCE OF 169.50 FEET TO A POINT ON SAID LINE DISTANT SOUTH 58º 34' EAST 490.50 FEET FROM A 4" X 4" POST AT THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE AT A RIGHT ANGLES SOUTHWESTERLY AND PARALLEL TO THE NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD 70 FEET; THENCE AT RIGHT ANGLES, SOUTHEASTERLY AND PARALLEL TO THE NORTHEASTERLY LINE OF LOT 4, 169.50 FEET TO THE HEREINABOVE MENTIONED NORTHWESTERLY LINE OF THE SAN JOSE-LOS GATOS ROAD; THENCE ALONG SAID LINE, NORTH 31º 26' EAST 70.00 FEET TO THE POINT OF BEGINNING BEING A PART OF LOT 4 OF THE WALKER TRACT SUBDIVISION HEREINABOVE REFERRED TO. EXCEPTING THEREFROM THAT PORTION IN THE GRANT DEED DEEDED TO TOWN OF LOS GATOS RECORDED JULY 1, 1993 AS INSTRUMENT NO. 11978485 DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATE IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO WILLIAM C. EZELL AND MARIANNE I. EZELL BY DEED DATED JULY 20, 1982 AND RECORDED IN BOOK G910 PAGE 383; OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND BEING MORE SPECIALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE GRANTOR'S LAND WHICH POINT IS 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD AND RUNNING THENCE NORTH 57° 34' 46" WEST 14.50 FEET ALONG THE SOUTHERLY LINE OF THE GRANTOR'S LAND; THENCE NORTH 32° 25' 14" EAST 70.00 FEET TO THE NORTHERLY LINE OF THE GRANTOR'S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE SOUTH 32° 25' 14" WEST 70.00 FEET TO THE POINT OF BEGINNING. DRAFT SMHH\54443\1355092.9 7 September 13, 2018 PARCEL ELEVEN: BEGINNING AT A POINT IN THE LINE DIVIDING LOTS 2 AND 3 OF THE WALKER TRACT SUBDIVISION OF THE RINCONADA DE LOS GATOS, A MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 12, 1895, IN VOL. "F" OF MAPS, AT PAGE 40, THAT IS DISTANT THEREON NORTH 58°34’ WEST 310 FEET FROM THE POINT OF INTERSECTION OF SAID DIVIDING LINE WITH THE NORTHWESTERLY LINE OF SAN JOSE-LOS GATOS ROAD, AS SAID LOTS AND ROAD ARE SHOWN UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG SAID DIVIDING LINE NORTH 58° 34’ WEST 50 FEET; THENCE SOUTH 31° 26’ WEST 132 FEET; THENCE SOUTH 58°34’ EAST 50 FEET THENCE NORTH 31° 26’ EAST 132 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 3 OF THE WALKER TRACT SUBDIVISION ACCORDING TO THE MAP HEREINABOVE REFERRED TO. PARCEL ELEVEN-A: TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A ROADWAY 16 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOTS 2 AND 3 WITH THE NORTHWESTERLY LINE OF SAN JOSE-LOS GATOS ROAD, AS THE SAME ARE SHOWN ON THE MAP OF THE WALKER TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOL. F OF MAPS, PAGE 40, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID DIVIDING LINE, NORTH 58°34’ WEST 660 FEET TO THE WESTERLY COMMON CORNER FOR SAID LOTS 2 AND 3. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE ABOVE DESCRIBED PARCEL ELEVEN. PARCEL TWELVE: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD WITH THE NORTHEASTERLY LINE OF LOT 1, AS SAID LOT IS SHOWN UPON THE MAP HEREINAFTER REFERRED TO; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, NORTH 58°34’ WEST, 292.88 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY PAUL SILVESTER AND MARY SILVESTER TO MICHAEL MCGINN BY DEED DATED JANUARY 19, 1951 AND RECORDED JANUARY 26, 1951, IN BOOK 2141 OF OFFICIAL RECORDS, PAGE 67, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO MICHAEL MCGINN, SOUTH 31° 26’ WEST, 141.67 FEET TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY SAM D’ANNA TO DANIEL W. LANDER AND GENEVA LANDER, HIS WIFE, BY DEED DATED OCTOBER 16, 1946, AND RECORDED JANUARY 13, 1947, IN BOOK 1436 OF OFFICIAL RECORDS, AT PAGE 9, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO LANDER, SOUTH 58° 34’ EAST, 292.88 FEET TO THE POINT OF INTERSECTION THEREOF WITH THE WESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD; THENCE ALONG SAID WESTERLY LINE OF SAN JOSE AND LOS GATOS ROAD NORTH 31° 26’ EAST, 141.67 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 1, AS SHOWN UPON THE MAP ENTITLED, "RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT, IN THE RANCHO RINCONADA DE LOS GATOS", AND RECORDED IN BOOK "F" OF MAPS, PAGE 40 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. DRAFT SMHH\54443\1355092.9 8 September 13, 2018 EXCEPTING THEREFROM, THAT PORTION CONVEYED TO THE TOWN OF LOS GATOS, A CALIFORNIA MUNICIPAL CORPORATION IN THE GRANT DEED RECORDED JULY 16, 1993, BOOK M890, PAGE 2014, INSTRUMENT NO. 12003059, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATE IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO FRANK VICTORIA BY DEED DATED OCTOBER 4, 1966 AND RECORDED IN BOOK 7524, PAGE 268, OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE GRANTOR’S LAND WHICH POINT IS 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD AND RUNNING THENCE N. 57°31’ 59" W 14.50 FEET ALONG THE SOUTHERLY LINE OF THE GRANTOR’S LAND; THENCE N. 32° 28’ 01" E 141.67 FEET TO THE NORTHERLY LINE OF THE GRANTOR’S LAND; THENCE S. 57°31’ 14" E 14.50 FEET ALONG THE NORTHERLY LINE OF GRANTOR’S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE S.32° 28’ 01" W 141.67 FEET TO THE POINT OF BEGINNING. PARCEL THIRTEEN: COMMENCING AT A POINT ON THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD AT THE MOST SOUTHERLY CORNER OF LOT “D” OF THE PARTITION OF THE WALKER ESTATE, AS SHOWN UPON THE MAP ACCOMPANYING THE REPORT OF THE COMMISSIONERS IN THE PARTITION OF SAID ESTATE, AND FROM WHICH POINT AN IRON PIN IN THE CENTER LINE OF THE SAID SAN JOSE AND LOS GATOS ROAD BEARS SOUTH 58°30'00” EAST 20 FEET DISTANT; THENCE ALONG THE NORTHWESTERLY LINE OF THE SAN JOSE AND LOS GATOS ROAD, NORTH 31°30'00” EAST 191.92 FEET TO A POINT ON SAID LINE 80 FEET DISTANT FROM THE SOUTHWESTERLY LINE OF THAT CERTAIN 10 ACRE TRACT OF LAND CONVEYED BY LESLIE WALKER AND MARY WALKER TO ELIZA AUBREY BY DEED DATED FEBRUARY 3, 1906 AND RECORDED FEBRUARY 1906 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN VOL 301 OF DEEDS, PAGE 504; THENCE ALONG A LINE PARALLEL WITH AND 80 FEET DISTANT FROM THE SOUTHWESTERLY LINE OF SAID 10 ACRE TRACT NORTH 58°30'00” WEST 320.76 FEET; THENCE PARALLEL WITH THE NORTHWESTERLY LINE OF SAID SAN JOSE AND LOS GATOS ROAD SOUTH 31°30'00” WEST 191.92 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT “D” AFOREMENTIONED; THENCE ALONG SAID LAST NAMED LINE SOUTH 58°30'00” EAST 320.76 FEET TO THE POINT OF BEGINNING, BEING A PART OF LOT “D” OF THE PARTITION OF THE WALKER ESTATE IN THE RANCHO RINCONADA DE LOS GATOS, AS SHOWN UPON THE MAP THEREOF HEREINABOVE REFERRED TO. EXCEPTING THEREFROM: A TRACT OF LAND SITUATE IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO MIYOKO YUKI AND THOMAS M. YUKI BY DEED DATED AUGUST 28, 1987 AND RECORDED IN BOOK K276 PAGE 1197, OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE GRANTOR'S LAND WHICH POINT IS 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE DRAFT SMHH\54443\1355092.9 9 September 13, 2018 OF LOS GATOS BOULEVARD AND RUNNING THENCE NORTH 57°31'14” WEST 14.50 FEET ALONG THE SOUTHERLY LINE OF THE GRANTOR'S LAND; THENCE NORTH 32°28'01” EAST 191.92 FEET TO THE NORTHERLY LINE OF THE GRANTOR'S LAND; THENCE SOUTH 57°34'46” EAST 14.50 FEET ALONG THE NORTHERLY LINE OF THE GRANTOR'S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE SOUTH 32°28'01” WEST 191.92 FEET TO THE POINT OF BEGINNING, AS GRANTED TO TOWN OF LOS GATOS, A CALIFORNIA MUNICIPAL CORPORATION BY DEED RECORDED ON AUGUST 9, 1993 AS INSTRUMENT NO. 12040571, OFFICIAL RECORDS. PARCEL FOURTEEN: THAT CERTAIN PARCEL OF LAND DESCRIBED AND DELINEATED AS EXHIBIT “A” IN THAT CERTAIN CERTIFICATE OF LOT LINE ADJUSTMENT RECORDED DECEMBER 15, 2017 AS INSTRUMENT NO. 23828582 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF YUKI FARMS AS DESCRIBED IN INSTRUMENT NUMBER 22878795 THROUGH 22878798, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN RECORD OF SURVEY RECORDED IN BOOK 162 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS, SAID CORNER BEING ON THE SOUTHERLY LINE OF SAID LANDS OF YUKI FARMS, THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING THREE (3) COURSES: 1. NORTH 57° 32’ 39” WEST, 70.00 FEET; 2. NORTH 32° 27’ 21” EAST, 70.00 FEET; 3. THENCE SOUTH 57° 32’ 39” EAST, 155.00 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF LOS GATOS BOULEVARD; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 32° 27’ 21” EAST, 132.00 FEET, TO A POINT ON THE EASTERLY LINE OF SAID LANDS OF YUKI FARMS; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TEN (10) COURSES: 1. NORTH 57° 32’ 39” WEST, 495.61 FEET; 2. NORTH 32° 27’ 21” EAST, 132.00 FEET; 3. NORTH 57° 32’ 39” WEST, 49.94 FEET; 4. SOUTH 32° 27’ 21” WEST, 132.00 FEET; 5. NORTH 57° 32’ 39” WEST, 49.93 FEET; 6. NORTH 32° 27’ 21” EAST, 132.00 FEET; 7. NORTH 57° 32’ 39” WEST, 49.99 FEET; 8. NORTH 32° 27’ 21” EAST, 154.33 FEET; DRAFT SMHH\54443\1355092.9 10 September 13, 2018 9. SOUTH 57° 32’ 39” EAST, 342.44 FEET; 10. THENCE NORTH 32° 27’ 21” EAST, 83.56 FEET, TO A POINT ON SAID EASTERLY LINE; THENCE LEAVING SAID EASTERLY LINE AND ENTERING SAID LANDS OF YUKI FARMS THE FOLLOWING TWELVE (12) COURSES: 1. NORTH 57° 32’ 39” WEST, 68.75 FEET; 2. NORTH 32° 27’ 21” EAST 134.67 FEET; 3. NORTH 57° 32’ 39” WEST, 28.00 FEET; 4. NORTH 32° 27’ 21” EAST, 58.83 FEET; 5. NORTH 57° 32’ 39” WEST, 69.00 FEET; 6. NORTH 32° 27’ 21” EAST, 66.30 FEET; 7. NORTH 12° 32’ 24” WEST, 68.43 FEET; 8. NORTH 32° 27’ 55” EAST, 87.39 FEET; 9. NORTH 06° 41’ 01” WEST, 35.00 FEET; 10. ALONG A NON-TANGENT CURVE TO THE RIGHT, FROM WHICH THE RADIUS POINT BEARS NORTH 06° 41’ 01” WEST, HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 13° 46’ 36”, AND AN ARC LENGTH OF 30.54 FEET; 11. ALONG COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET, THROUGH A CENTRAL ANGLE OF 25° 21’ 46” AND AN ARC LENGTH OF 19.48 FEET; 12. THENCE NORTH 57° 32’ 39” WEST, 303.14 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF SAID LANDS OF YUKI FARMS, COMMON TO THE SOUTHEASTERLY LINE OF CALIFORNIA STATE HIGHWAY 17 THENCE ALONG SAID COMMON LINE THE FOLLOWING FIVE (5) COURSES: 1. SOUTH 29° 08’ 36” WEST, 878.83 FEET; 2. SOUTH 12° 07’ 40” WEST, 131.22 FEET; 3. SOUTH 00° 49’ 04” WEST, 104.34 FEET; 4. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00, THROUGH A CENTRAL ANGLE OF 42° 54’ 25”, AND AN ARC LENGTH OF 37.45 FEET; 5. THENCE SOUTH 42° 05’ 21” EAST, 7.27 FEET, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LANDS OF YUKI FARMS, SAID LINE BEING COMMON TO THE NORTHEASTERLY LINE OF LARK AVENUE; THENCE ALONG SAID COMMON LINE THE FOLLOWING TWO (2) COURSES: DRAFT SMHH\54443\1355092.9 11 September 13, 2018 1. SOUTH 55° 36’ 05” EAST, 151.07 FEET; 2. THENCE SOUTH 57° 32’ 39” EAST, 405.80 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID LANDS OF YUKI FARMS; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING FIVE (5) COURSES: 1. NORTH 32° 27’ 21” EAST, 57.60 FEET; 2. SOUTH 57° 32’ 39” EAST, 38.84 FEET; 3. NORTH 32° 27’ 21” EAST, 7.00 FEET; 4. SOUTH 57° 32’ 39” EAST, 19.03 FEET; 5. THENCE NORTH 32° 27’ 21” EAST, 79.55 FEET, TO THE POINT OF BEGINNING. PARCEL FIFTEEN: THAT CERTAIN PARCEL OF LAND DESCRIBED AND DELINEATED AS EXHIBIT “B” IN THAT CERTAIN CERTIFICATE OF LOT LINE ADJUSTMENT RECORDED DECEMBER 15, 2017 AS INSTRUMENT NO. 23828582 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF ETPH, LP AS DESCRIBED IN INSTRUMENT NUMBER 17435615, SANTA CLARA COUNTY RECORDS, AND A PORTION OF THE LANDS OF YUKI FARMS AS DESCRIBED IN INSTRUMENT NUMBERS 22878795 THROUGH 22878798, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE STRIP OF LAND DEDICATED TO THE TOWN OF LOS GATOS AS DESCRIBED IN INSTRUMENT NUMBER 12040570, SANTA CLARA COUNTY RECORDS, SAID POINT BEING ON THE NORTHWESTERLY LINE OF LOS GATOS BOULEVARD COMMON TO THE SOUTHEASTERLY LINE OF SAID LANDS OF SAID LANDS OF ETPH, LP, THENCE ALONG SAID COMMON LINE NORTH 32° 27' 21" EAST, 80.00 FEET, TO THE SOUTHWESTERLY CORNER OF THE STRIP OF LAND DEDICATED TO THE TOW N OF LOS GATOS AS DESCRIBED IN INSTRUMENT NUMBER 12040574, SANTA CLARA RECORDS; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF LOS GATOS BOULEVARD NORTH 32° 27' 21" EAST, 18.50 FEET, TO A POINT ON SAID NORTHWESTERLY LINE; THENCE LEAVING SAID NORTHWESTERLY LINE AND ENTERING THE LANDS OF YUKI FARMS AS DESCRIBED IN INSTRUMENT NUMBERS 22878795 THROUGH 22878798, SANTA CLARA COUNTY RECORDS AND SAID LANDS OF ETPH, LP THE FOLLOWING SIX (6) COURSES: 1. NORTH 57° 32' 39" WEST, 175.42 FEET; 2. SOUTH 32° 27' 21" WEST, 15.00 FEET; 3. NORTH 57° 32' 39" WEST, 296.50 FEET; DRAFT SMHH\54443\1355092.9 12 September 13, 2018 4. SOUTH 32° 27' 21" WEST, 76.41 FEET; 5. SOUTH 77° 27' 21" WEST, 81.59 FEET; 6. ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 127.00 FEET, THROUGH A CENTRAL ANGLE OF 05° 51' 38" AND AN ARC LENGTH OF 12.99 FEET; 7. SOUTH 06° 41' 01" EAST, 35.00 FEET; 8. SOUTH 32° 27' 55" WEST, 87.39 FEET; 9. SOUTH 12° 32' 24" EAST, 68.43 FEET; 10. SOUTH 32° 27' 21" WEST, 66.30 FEET; 11. SOUTH 57° 32' 39" EAST, 69.00 FEET; 12. SOUTH 32° 27' 21" WEST, 58.83 FEET; 13. SOUTH 57° 32' 39" EAST, 28.00 FEET; 14. SOUTH 32° 27' 21" WEST, 134.67 FEET; 15. THENCE SOUTH 57° 32' 39" EAST, 68.75 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LANDS OF ETPH LP; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING THREE (3) COURSES 1. NORTH 32° 27' 21" EAST, 48.44 FEET; 2. SOUTH 57° 32' 39" EAST, 24.66 FEET; 3. THENCE NORTH 32° 27' 21" EAST, 241.67 FEET, TO THE SOUTHWESTERLY LINE OF SAID LANDS OF ETPH LP; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LANDS OF ETPH, LP THE FOLLOWING THREE (3) COURSES: 4. NORTH 57° 32' 39" WEST, 28.01 FEET; 5. NORTH 32° 27' 21" EAST, 191.92 FEET; 6. THENCE SOUTH 57° 32' 39" EAST, 306.39 FEET TO THE POINT OF BEGINNING. PARCEL SIXTEEN: PORTION OF LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "WALKER TRACT SUB.", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JUNE 12, 1895 IN BOOK F OF MAPS, AT PAGE 40, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE DRIVEN IN THE NORTHWESTERLY LINE OF THE SAN JOSE- LOS GATOS ROAD, AND ALSO IN THE SOUTHEASTERLY LINE OF LOT 1, AS SHOWN ON A DRAFT SMHH\54443\1355092.9 13 September 13, 2018 MAP ENTITLED, "RECORD MAP OF THE SUBDIVISION OF PART OF THE WALKER TRACT IN THE RANCHO RINCONADA DE LOS GATOS", RECORDED IN BOOK F OF MAPS, AT PAGE 40, FROM WHICH THE MOST EASTERLY CORNER OF SAID LOT 1 BEARS NORTH 31 DEG 26' EAST 141.67 FEET; AND RUNNING THENCE AT A RIGHT ANGLE TO THE SOUTHEASTERLY LINE OF SAID LOT 1, NORTH 58 DEG 34' WEST 292.88 FEET; THENCE PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 31 DEG 26' WEST 100 FEET; THENCE AT A RIGHT ANGLE, SOUTH 58 DEG 34' EAST 292.88 FEET TO AN IRON PIPE DRIVEN IN THE SOUTHEASTERLY LINE OF SAID LOT 1, BEING ALSO THE NORTHWESTERLY LINE OF THE SAID SAN JOSE-LOS GATOS ROAD; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, NORTH 31 DEG 26' EAST 100 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE TOWN OF LOS GATOS, A CALIFORNIA MUNICIPAL CORPORATION, BY DEED RECORDED JULY 01, 1993 IN BOOK M865, PAGE 391, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THAT CERTAIN PARCEL OF LAND DEEDED TO OTTO C. OSWALD AND MARIAN L. OSWALD BY DEED AUGUST 04, 1971 AND RECORDED IN BOOK 9448, PAGE 89, OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE GRANTOR'S LAND, WHICH POINT IS 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; AND RUNNING THENCE N. 57 DEG 31' 59" W. 14.50 FEET ALONG THE SOUTHERLY LINE OF THE GRANTOR'S LAND; THENCE N 32 DEG. 28' 01"E. 100.08 FEET TO THE NORTHERLY LINE OF THE GRANTOR'S LAND; THENCE S. 57 DEG 31' 59" E. 14.50 FEET ALONG THE NORTHERLY LINE OF THE GRANTOR'S LAND TO A POINT 28.50 FEET PERPENDICULARLY DISTANT NORTHWESTERLY FROM THE MONUMENT LINE OF LOS GATOS BOULEVARD; THENCE S. 32 DEG 28' 01" W. 100.08 FEET TO THE POINT OF BEGINNING. APN: 424-07-024 (Affects Parcel One), 424-07-025 (Affects Parcel Two), 424-07-027 (Affects Parcel Three), 424-07-026 (Affects Parcel Four), 424-07-031 (Affects Parcel Five), 424-07-032 (Affects Parcel Six), 424-07-033 (Affects Parcel Seven), 424-07-070 (Affects Parcel Eight), 424-07-035 (Affects Parcel Nine), 424-07-090 (Affects Parcel Ten), 424-07-034 (Affects Parcel Eleven), 424-07- 085 (Affects Parcel Twelve), 424-07-084 (Affects Parcel Thirteen), 424-07-113 (Affects Parcel Fourteen), 424-07-114 (Affects Parcel Fifteen) and 424-07-086 (Affects Parcel Sixteen) DRAFT SMHH\54443\1355092.9 1 September 13, 2018 EXHIBIT B to the Agreement For Private Improvements In The Public Right-Of-Way LOCATION OF ROW IMPROVEMENTS DRAFT SMHH\54443\1355092.9 1 September 13, 2018 EXHIBIT C to the Agreement For Private Improvements In The Public Right-Of-Way CLAIM OF LIEN APN: [___-____-____] Address : _______North 40 Phase 1 I, LISA PETERSEN, Town Engineer for the Town of Los Gatos, a California municipal corporation (“Town”), do hereby certify: A. On or about ______________, 20__, SummerHill N40 LLC, a California limited liability company, (“Debtor”) executed an Agreement for Private Improvements with the Town of Los Gatos (“Agreement”). B. The Agreement was recorded in the Santa Clara County Recorder’s Office on or about __________________, 20__, as Document Number __________________. C. The Agreement allowed the Debtor to provide, construct, and/or install certain private Improvements (as defined in the Agreement) in front of its property at North 40 Phase 1, Los Gatos, California, at its own costs and expense. Pursuant to the terms of the Agreement, the Debtor expressly agreed that if it (or its successors or assigns) failed to comply with a Town request to remove the work noted in the Agreement, the Town was authorized to remove said Improvements and recover the full cost and expense thereof from the Debtor or its successors or assigns. D. The Debtor did not remove the Improvements after being notified to do so. Therefore, the Town removed said Improvements. E. In _________________, 20__, the Town informed the Debtor about the Improvements that would be removed pursuant to the Agreement. F. The Town subsequently completed the work. On or about _______________, 20___, the Town sent the Debtor an invoice for said work in the amount of $____________________. G. Pursuant to the terms of the Agreement, the Debtor expressly agreed that the Town is authorized to immediately claim and impose a lien on the real property commonly known as North 40 Phase 1, Los Gatos, California, APN Number [____-____-____], for the entire amounts then owing under, or incurred pursuant to, the Agreement, including without limitation, the entire unpaid principal amount. WHEREFORE, the Town of Los Gatos, a California municipal corporation, pursuant to the Agreement, hereby claims a lien upon the work of improvement and the land upon which it is situated, namely, the real property commonly known as North 40 Phase 1, Los Gatos, California, APN Number [____-____-____], in the amount of $________________ and said amount shall constitute a lien against said property until paid in full. This lien does not relate back in time to the recordation of the Agreement. IN WITNESS WHEREOF the Town of Los Gatos, California, a California municipal corporation, has duly authorized the undersigned lo execute this instrument in its name. DRAFT SMHH\54443\1355092.9 2 September 13, 2018 Dated: By: for the TOWN OF LOS GATOS. a California municipal corporation (Notary Acknowledgement Required for Signatures) DRAFT