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Santa Clara County (old Court House Building)RECORDINGREQUESTED BY a NAME: OLD REPUBLIC TITLE COMPANY ESCROW NO. 0621005112 WHEN RECORDED MAIL TO: NAME: CITY OF GILROY ATTN: CITY CLERK ADDRESS: 7351 ROSANNA STREET c(TY /sTATE/ZIp: GILROY, CA., 95020 -6197 DOCUMENT: 22826981 I�I��dl�nVlA�n!NI Pages: 7 No Fees AMT PA I D REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Old Republic Title Company (DOCUMENT WILL ONLY BE RETURNED TO NAME & ADDRESS IDENTIFIED ABOVE) (SPACE ABOVE FOR RECORDER'S USE) RDE # 026 1/14/2015 8:00 AM RECORD WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE SECTIONS 27383 AND 6103 GRANT DEED (DOCUMENT TITLE) MAIL TAX STATEMan AS DIRECiEp. ABOVE VS 4/03 SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 Recording Requested by: GRANT DEED Old Republic Title Co. RECORD WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE SECTIONS 27383 AND 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6197 Attention: City Clerk MAIL TAX STATEMENTS TO: Same as above Space above this Line for Recorder's Use A.P.N. 799 -08 -054 Transfer is exempt from documentary transfer tax pursuant to R &T Code Section 11922 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, County of Santa Clara, a political subdivision of the State of California ( "Grantor "), hereby GRANTS to City of Gilroy, a municipal corporation ( "Grantee "), all that real property situated in the City of Gilroy, County of Santa Clara, State of California, described on Exhibit A attached hereto, and the building and other improvements located on said real property, together with all privileges, easements and other rights (if any) that are appurtenant to said real property, building and other improvements, including without limitation all mineral and water rights, appurtenant easements, A.P.N. 799 -08 -054 Grant Deed Conveyance to City of Gilroy DEC 0 9 2014 rights -of way and other appurtenances (if any) used in connection with or relating to said real property, building and other improvements. In Witness Whereof, Grantor has caused this instrument to be executed. GRANTOR: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: A W'Z Mike Wasserman, President Board of Supervisors Date: DEC 0 9 2014 ATTEST: yv Regadanz, (611rk of the Board of Supervisors Date: DEC 0 9 2014 APPROVED AS TO FORM AND LEGALITY: hirley R. dw ds Deputy County ounsel Mail tax statements to: Same as above address. A.P.N. 799 -08 -054 Grant Deed Conveyance to City of Gilroy CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SANTA CLARA On DM6h4�x� A? All before me, Date TONYA HUNTER, NOTARY, /, / V� Here Insert Name and Title of the Officer personally appeared M,/ - A'-ex�t�- Name(s) of Signer(s) who proved to me on the basis of-satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TONYA HUNTER Commission * 1997838 Notary Public - California Santa Clara County My Comm. Expiras Nov 11, 20141 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s Sig a lgnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in F ❑ Trustee ❑ Guardi r Conservator ❑ Other: Signer Is Represe g. Date: WA Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 UPON THE EXECUTION, DELIVERING AND ACCEPTANCE OF THE HEREIN DEED, THE RESERVATIONS CONTAINED IN THE CERTAIN CORPORATION GRANT DEED BETWEEN THE CITY OF GILROY AND THE COUNTY OF SANTA CLARA HAVE BEEN EXTINGUISHED; SAID DEED HAVING BEEN RECORDED ON DECEMBER 29, 1961 BOOK 5411, PAGE 197, INSTRUMENT 2114660, RECORDS OF SANTA CLARA CO., STATE OF CALIFORNIA. CERTIFICATE OF ACCEPTANCE (Government Code Section 2728 1) Certificate of Acceptance of Conveyance to the City of Gilroy by County of Santa Clara THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated January 9 , 2015 from County of Santa Clara, a Political Subdivision of the State of Califomia, to the City of Gilroy, a municipal corporation of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to authority conferred by Resolution No. 2008 -56 of the City of Gilroy adopted December 15, 2008, a certified copy of which resolution is on record in the office of the County Recorder of the County of Santa Clara, State of California, document #20093294, dated January 9, 2009, and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on da }, of By: Thomas J. Haglund, City Administrator City of Gilroy 4840 - 6566- 8567v7 KK5104706142 EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: PARCEL NO. 1 Being a portion of Lot 6 Block 1 South, Range 3 West, as shown upon Map No. 5 accompanying Report of the Commissioners in Henry Miller, et al., Plaintiffs vs. Massey Thomas et al., defendants in Superior Court of the State of California in and for the County of Santa Clara, Case No. 5536, and being more particularly described as follows: Beginning at a point on the Easterly line of Rosanna Street distant thereon N. 200 W. 188.50 feet from the intersection thereof with the Northerly line of Seventh Street, said point of beginning being also the Southwesterly comer of Lot 6 as shown on said Map; thence along the Easterly line of Rosanna Street, N. 200 W. 20.30 feet to a point; thence N. 690 55' 30" E. to a point in the Southwesterly line of Lot 2; thence along said Southwesterly line of Lot 2, S. 190 08' E. to an iron pipe at the Easterly corner common to said Lots 5 and 6 in the Southwesterly line of Lot 2; thence S. 690 03'W. 139.72 feet to the point of beginning. PARCEL NO. 2. Being a portion of Lot 2-and all of Lot 5 in Block 1 South, Range 3 West of the City of Gilroy, as shown upon Map No..S-accompanying the report of the referees and its amendments in the action for partition of Henry Miller, et al., Plaintiffs, vs, Massey Thomas, et al., Defendants, in the Superior Court of the State of California, in and for the County of Santa Cara, Action No. 5536, and being more particularly described as follows: Beginning at an iron pipe on the Easterly line of Rosanna Street distant thereon N. 20° W. 104.80 feet from the Intersection thereof with the Northerly line of Seventh Street, said point of beginning-being also the Northwesterly corner of Lot 4 as shown on said Map; thence along the Easterly line of Rosanna Street N. 200 W. 83.70 feet, to an iron pipe at the Westerly corner common to Lots 5 and 6; thence along the line common to Lots 5 and 6, N. 690 03' E. 139.72 feet to an iron pipe at the Easterly corner common to said Lots 5 and 6 in the Southwesterly line of Lot 2; thence along said Southwesterly line of Lot 2 and the prolongation thereof S. 190 08' E. 85.85.feet to an iron pipe at the Intersection thereof with the Easterly prolongation of the Northwesterly line of Lot 4; thence along said Easterly prolongation and the Northwesterly line of Lot 4, S. 690 55,30" W. 138.39 feet to the point of beginning. APN: 799 -08 -054 Page 1 of 1 • ®LD REPUBLIC T I T L E C O M P A N Y To: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6197 224 Airport Parkway, Suite 170 San Jose, CA 95110 408) 296 -4500 Fax: (408) 2442925 Date : February 9, 2015 Order No. : 0621005112 -JW � -3 )--v 12 a s .4-.v °,v4- r ,4. ,In accordance with instructions contained in the above Order, we are enclosing the documents indicated below. Recorded documents will be mailed to you by the County Recorder after processing. We are pleased to have had the opportunity to handle this transaction for you, and would appreciate your requesting the services of Old Republic Tide Company on all your future tide and escrow needs.. Enclosures: Policy of Title Insurance Yours Truly, Old Republic Title Company Enclosures CLTA Standard Coverage Policy of Title Insurance CLTA Standard Coverage 1990 (Rev. 04-08-14) Policy Number A04016 -FTYA- 225066 Issued by Old Republic National Title Insurance Company * * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED * * IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL Ti TLE * * INSURANCE COMPANY, a Honda corporation, herein Bled the Company, insures, as of Date of * * Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule. B, or . the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Issued through the office of- Old Republic Title Company 224 Airport Parkway, Suite 170 San Jose, CA 95110 Authorized Signature CLTA Standard Coverage Policy 1990 (Rev. 04- 08 -14) OPT Form No. 1102 Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minnesota 55401 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees are expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Page 2 of�Pages CLTA Standard Coverage Policy 1990 (Rev. 04-08 -14) ORT Form No. 1102 SCHEDULE A Premium: $ 1,410.00 File No: 0621005112 -JW Date of Policy: January 14th, 2015 at 8:00:00 AM 1. Name of Insured: City of Gilroy, a municpal corporation 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: City of Gilroy, a municpal corporation Page —Lof--G-Pages CLTA Standard Coverage Policy 1990 (Rev. 04 -08 -14) ORT Form No. 1301A Policy No: A04016 -FTYA 225066 Amount of Insurance: $ 496,000.00 Policy No A04016 -FTYA- 225066 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted. under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Continued on Next Page) CLTA Standard Coverage Policy 1990 (Rev. 04-08 -14) Page 4 of 6 Pages ORT Form No. 1301BI Policy No A04016 -FTYA- 225066 SCHEDULE B (Continued) Part II 1. Taxes and assessments, general and special, for the fiscal year 2014 — 2015, as follows: No tax due. Assessor's Parcel No. . 799 -08 -054 R ° s ^'"� t r, Code. No. . 02000 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. Page 5 of 6 Pages CLTA Standard Coverage Policy 1990 (Rev. 04- 08 -14) ORT Form No. 1301BII Policy No A04016 -FrYA- 225066 SCHEDULE C The land referred to in this Policy is situated in the County of Santa Clara, City of Gilroy, state of California, and is described as follows: PARCEL N0. 1 Being a portion of Lot 6 Block 1 South, Range 3 West, as shown upon Map No. 5 accompanying Report of the Commissioners in Henry Miller, et al., Plaintiffs vs. Massey Thomas et al., defendants in Superior Court of the State of California in and for the County of Santa Clara, Case No. 5536, and being more particularly described as follows: Beginning at a point on the Easterly line of Rosanna Street distant thereon N. 200 W. 188.50 feet from the intersection thereof with the Northerly line of Seventh Street, said point of beginning being also the Southwesterly corner of Lot 6 as shown on said Map; thence along the Easterly line of Rosanna Street, N. 200 W. 20.30 feet to a point; thence N. 690 55'30" E. to a point in the Southwesterly line of Lot 2; thence along said Southwesterly line of Lot 2, S. 191 08' E. to an iron pipe at the Easterly corner common to said Lots 5 and 6 in the Southwesterly line of Lot 2; thence S. 690 03'W. 139.72 feet to the point of beginning. PARCEL N0. 2 Being a portion of Lot 2 and all of Lot 5 in Block 1 South, Range 3 West of the City of Gilroy, as shown upon Map No. 5 accompanying the report of the referees and its amendments in the action for partition of Henry Miller, et al., Plaintiffs, vs. Massey Thomas, et al., Defendants, in the Superior Court of the State of California, in and for the County of Santa Clara, Action No. 5536, and being more particularly described as follows: Beginning at an iron pipe on the Easterly line of Rosanna Street distant thereon N. 201 W. 104.80 feet from the intersection thereof with the Northerly line of Seventh Street, said point of beginning being also the Northwesterly corner of Lot 4 as shown on said Map; thence along the Easterly line of Rosanna Street.N. 200 W. 83.70 feet, to an iron pipe at the Westerly corner common to Lots 5 and 6; thence along the line common to Lots 5 and 6, N. 69° 03' E. 139.72 feet to an iron pipe at the Easterly corner common to said Lots 5 and 6 in the Southwesterly line of Lot 2; thence along said Southwesterly line of Lot 2 and the prolongation thereof S. 190 08' E. 85.85 feet to an iron pipe at the intersection thereof with the Easterly prolongation of the Northwesterly line of Lot 4; thence along said Easterly prolongation and the Northwesterly line of Lot 4, S. 690 '55'30" W. 138.39 feet to the point of beginning. APN: 799 -08 -054 Page 6 of-6-Pages CLTA Standard Coverage Policy 1990 (Rev. 04- 08 -14) ORT Form No. 1301C ENDORSEMENT Policy NAched to: : A 016 -FTYA- 225066 Order No: 0621005112 -7W OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, of Minneapolis, Minnesota The Company hereby assures the insured that the Company will not deny liability under the policy or any endorsements issued therewith solely on the grounds that the policy and /or endorsements were issued electronically and /or lack signatures in accordance with paragraph 14(c) of the Conditions and Stipulations. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned: By Validating Officer Page 1 of 1 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371 -1111 CONDITIONS AND STIPULATIONS (Rev. 04- 08 -14) 1. Definition of Terms The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes: (i) the owner of indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (iv) Subject to any rights or defenses the Company would have had against the named insured, (A) the spouse of an insured who receives title to the land because of dissolution of-marriage, (B) the trustee or successor trustee of a trust or any estate planning entity created for the insured to whom or to which the insured transfers title to the land after the Date of Policy or (C) the beneficiaries of such a trust upon the death of the insured. (b). "insured claimant": an insured claiming loss or damage. (c) "insured lender":, the owner of an insured mortgage. (d) "insured mortgage ": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (f) "land ": the land described or referred to in Schedule C, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule C, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured corporation, provided the transferee is the parent or wholly -owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. CLTA Standard Coverage Policy 1990 — Conditions and Stipulations (Rev. 04-08 -14) ORT Form No. 1102 CONDITIONS AND STIPULATIONS (Rev. 04- 08 -14) (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason, of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest. thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) The amount paid by an governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. Notice of Claim to be Given by Insured Claimant An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgement or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. CLTA Standard Coverage Policy 1990 — Conditions and Stipulations (Rev. 04 -08 -14) ORT Form No. 1102 CONDITIONS AND STIPULATIONS (Rev. 04- 08 -14) 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mortgage for the amount owning thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor Upon the exercise by the Company of the option provided for in paragraph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. CLTA Standard Coverage Policy 1990 — Conditions and Stipulations (Rev. 04- 08 -14) ORT Form No. 1102 CONDITIONS AND STIPULATIONS (Rev. 04- 08 -14) 7. Determination and Extent of Liability This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. Reduction of Insurance; Reduction or Termination of Liability (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro ; tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. CLTA Standard Coverage Policy 1990 — Conditions and Stipulations (Rev. 04- 08 -14) ORT Form No. 1102 14 CONDITIONS AND STIPULATIONS (Rev. 04- 08 -14) (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or . destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. CLTA Standard Coverage Policy 1990 — Conditions and Stipulations (Rev. 04 -08 -14) ORT Form No. 1102 * OLD REPUBLIC TITLE COMPANY * * * * * A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 • FAX (408) 848 -3507 January 14, 2015 Attn: Rick Smelser, Director of Public Works City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Re: Escrow No.: 0621005112 -JW Property: 7350 Rosanna Street, Gilroy, California 95020 Dear Rick Smelser, Director of Public Works: We are pleased to inform you that the escrow covering your purchase of the above referenced property has been closed. The conveyance document was recorded on January 14, 2015 and will be mailed directly to you from the Office of the County Recorder. Your Policy of Title Insurance is being issued and will be mailed to you under separate cover. In connection with the completion of your purchase, we are enclosing the following: Closing Statement Copy of Grant Deed and closing documents We appreciated the opportunity to work with you in this transaction and hope that it was handled to your satisfaction. If at a future date you refinance your property or offer it for sale, please request the order be placed with Old Republic Title Company. Because our title department has retained this recent examination of the public records covering your property, a future search may be accomplished in an even more timely manner. We hope you enjoy your new property and if you have any questions, please do not hesitate to contact our office. Sincerely, Jan Wallace Branch Manager Enclosures: as noted above Jw /rns OLD * *, * A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 • FAX (408) 848 -3507 City of Gilroy Date: January 14, 2015 7351 Rosanna Street Escrow No.: 0621005112 -1W Gilroy, CA 95020 Escrow Officer: Jan Wallace Property: 7350 Rosanna Street, Gilroy, CA 95020 Closing Date: January 14, 2015 vc vau_w L:Z.0 uw 496 020.00 Deposit by City of Gilroy 50000 Deposit by City of Gilroy 495,520.00 Other Title W1 go 3w /ms Buyer's Closing Statement 020. * ®IUD * ,,_ *. * A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 • FAX (408) 848 -3507 County of Santa Clara, a subdivision of the State of California Date: January 14, 2015 70 West Hedding Street East Wing 11th Floor Escrow No.: 0621005112 -JW San Jose, CA 95110 Escrow Officer: Jan Wallace Property: 7350 Rosanna Street, Gilroy, CA 95020 Closing Date: January 14, 2015 s Closing Statement Item Debits Credits Sales Price 496 000.00 Escrow Fees 950.00 Title Charges CLTA Owner's Policy 1,410.00 Due To Seller 493 640.00 Total 496,000.00 496.000.00 ]W/ms Seller's Closing Statement GRANT DEED RECORD WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE SECTIONS 27383 AND 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6197 Attention: City Clerk MAIL TAX STATEMENTS TO: Same as above Space above this Line for Recorder's Use A.P.N. 799 -08 -054 Transfer is exempt from documentary transfer tax pursuant to R &T Code Section 11922 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, County of Santa Clara, a political subdivision of the State of California ( "Grantor "), hereby GRANTS to City of Gilroy, a municipal corporation ( "Grantee "), all that real property situated in the City of Gilroy, County of Santa Clara, State of California, described on Exhibit A attached hereto, and the building and other improvements located on said real property, together with all privileges, easements and other rights (if any) that are appurtenant to said real property, building and other improvements, including without limitation all mineral and water rights, appurtenant easements, A.P.N. 799 -08 -054 Grant Deed Conveyance to City of Gilroy �7 / 01 - ncr n a oni6 rights -of way and other appurtenances (if any) used in connection with or relating to said real property, building and other improvements. In Witness Whereof, Grantor has caused this instrument to be executed. s, COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Mike Wasserman, President Board of Supervisors Date: DEC 0 9 2014 ATTEST: y Regadanz, rk of the Board of Supervisors Date: DEC 0.9 2014 APPROVED AS TO FORM AND LEGALITY: Deputy • ounsel Mail tax statements to: Same as above address. A.P.N. 799 -08 -054 Grant Deed Conveyance to City of Gilroy CALIFORNIA • • • • • .v: <.�...a...�;..�..rT...:.•.- ...•rte .r,. c.zris...�. <in<.r .� . � .�. s.. . v>.. �, e. �... �.. �.•. vc. �. .a..:.c.- :�r.�.rz..!...z...�..• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SANTA CLARA On DecFi41b�9— i? aGiy before me, Date TONYA HUNTER, NOTARY, Here Insert Name and Title of the Officer personally appeared M, /_c Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TONYA HUNTER Commission # 1997838 Notary Public - California Santa Clara County Mv Comm. Eyka. Nor 11 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig a �' ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in F ❑ Trustee ❑ Guardi r Conservator ❑ Other: Signer Is Representing: Date: or Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 UPON THE EXECUTION, DELIVERING AND ACCEPTANCE OF THE HEREIN DEED, THE RESERVATIONS CONTAINED IN THE CERTAIN CORPORATION GRANT DEED BETWEEN THE CITY OF GILROY AND THE COUNTY OF SANTA CLARA HAVE BEEN EXTINGUISHED; SAID DEED HAVING BEEN RECORDED ON DECEMBER 29, 1961 BOOK 5411, PAGE 197, INSTRUMENT 2114660, RECORDS OF SANTA CLARA CO., STATE OF CALIFORNIA. CERTIFICATE OF ACCEPTANCE (Government Code Section 2728 1) Certificate of Acceptance of Conveyance to the City of Gilroy by County of Santa Clara THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated January 9 , 2015 from County of Santa Clara, a Political Subdivision of the State of California, to the City of Gilroy, a municipal corporation of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to authority conferred by Resolution No. 2008 -56 of the City of Gilroy adopted December 15, 2008, a certified copy of which resolution is on record in the office of the County Recorder of the County of Santa Clara, State of California, document #20093294, dated January 9, 2009, and the grantee consents to recordation thereof by its duly authorized officer. In witness whereof, I have hereunto set my hand on day of 0 4840 - 6586 -856W KKS104706142 Thomas J. Haglund, City Administrator City of Gilroy EXHIBIT A The land referred to is situated in the County of Santa Clara, City of Gilroy, State of California, and is described as follows: PARCEL NO. 1 Being a portion of Lot 6 Block 1 South, Range 3 West, as shown upon Map No. 5 accompanying Report of the Commissioners in Henry Miller, et al., Plaintiffs vs. Massey Thomas et al., defendants in Superior Court of the State of California in and for the County of Santa Clara, Case No. 5536,, and being more particularly described as follows: Beginning at a point on the Easterly line of Rosanna Street distant thereon N. 200 W. 188.50 feet from the intersection thereof with the Northerly line of Seventh Street, said point of beginning being also the Southwesterly comer of Lot 6 as shown on said Map; thence along the Easterly line of Rosanna Street, N. 200 W. 20.30 feet to a point; thence N. 690 55'30" E. to a point in the Southwesterly line of Lot 2; thence along said Southwesterly line of Lot 2, S. 19° 08' E. to an iron pipe at the Easterly corner common to said Lots 5 and 6 in the Southwesterly line of Lot 2; thence S. 690 03'W. 139.72 feet to the point of beginning. PARCEL NO. 2 Being a portion of Lot 2 -and all of Lot 5 in Block 1 South, Range 3 West of the City of Gilroy, as shown upon Map No..5 accompanying the report of the referees and its amendments in the action for partition of Henry Miller, et al., Plaintiffs, vs, Massey Thomas, et al., Defendants, in the Superior Court of the State of California, in and for the County of Santa Clara, Action No. 5536, and being more particularly described as follows: Beginning at an iron pipe on the Easterly line of Rosanna Street distant thereon N. 200 W. 104.80 feet from the intersection thereof with the Northerly line of Seventh Street, said point of beginning-being also the Northwesterly corner of Lot 4 as shown on said Map; thence along the Easterly line of Rosanna Street N. 20° W. 83.70 feet, to an iron pipe at the Westerly corner common to Lots 5 and 6; thence along the line common to Lots 5 and 6, N. 690 03' E. 139.72 feet to an Iron pipe at the Easterly corner common to said Lots 5 and 6 in the Southwesterly line of Lot 2; thence along said Southwesterly line of Lot 2 and the prolongation thereof S. 191) 08' E. 85.85 feet to an iron pipe at the intersection thereof with the Easterly prolongation of the Northwesterly line of Lot 4; thence along said Easterly prolongation and the Northwesterly line of Lot 4, S. 690 55'30" W. 138.39 feet to the point of beginning. APN: 799 -08 -054 Page 1 of 1 B0Er502 -A (Pl) REV. 12 (05 -13) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located. NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE (Make necessary roneetions to the panted name and marling address) I ASSESSOR'S PARCEL NUMBER City of Gilroy 799 -08 -054 7351 Rosanna Street SELLERrrRANSFEROR Gilroy, CA 95020 County of Santa Clara, a subdivision of the State of California BUYER'S DAYTIME TELEPHONE NUMBER L BUYER'S EMAIL ADDRESS STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 7350 Rosanna Street, Gilroy, CA 95020 MAIL PROPERTY TAX: INFORMATION TO (NAME) ^o ..o I CITY STATE ZIP CODE 7351 Rosanna Street Gilroy CA 95020 ❑ This property is intended as my principal residence. If YES, please indicate the date of occupancy Mo DAY YEAR YES NO or Intended occupancy. PART 1. TRANSFER INFORMATION Please complete all statements. This section contains possible exclusions from reassessment for certain types of transfers. YES NO ❑ ✓� A. This transfer is solely between spouses (addition orremova/ of a spouse, death of a spouse, divorce settlement, etc.). ❑ 0' B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, termination settlement, etc.). ❑ 'C. This is a transfer: ❑ between parent(s) and children) ❑ from grandparent(s) to grandchild(ren). ❑ 'D. This transfer is the result of a cotenant's death. Date of death ❑ 'E. This transaction is to replace a principal residence by a person 55 years of age or older. Within the same county? ❑ YES ❑ NO ❑ ❑ `F. This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? ❑ YES ❑ NO ❑ � G. This transaction is only a correction of the name(s) of the person(s) holding title to the property(e.g., a name change upon marriage). If YES, please explain: ❑ H. The recorded document creates, terminates, or reconveys a lender's interest in the property. ❑ Q I. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner). If YES, please explain: ❑ [D J. The recorded document substitutes a trustee of a trust, mortgage, or other similar document. K. This is a transfer of property: ❑ E] 1 • to /from a revocable trust that may be revoked by the transferor and is for the benefit of ❑ the transferor, and /or ❑ the transferor's spouse ❑ registered domestic partner. 2. to /from a trust that may be revoked by the creator /grantor /trustor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator /grantor /trustor dies. ❑ [2f 3, to /from an irrevocable trust for the benefit of the ❑ creator /grantor /trustor and /or ❑ grantor'sttrustor's spouse ❑ grantor's /trustor's registered domestic partner. ❑ 0 4. to /from an irrevocable trust from which the property reverts to the creator /grantor /trustor within 12 years. ❑ © L. This property is subject to a lease with a remaining lease term of 35 years or more including written options. ❑ ❑ M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer. ❑ EJ N. This is a transfer subject to subsidized low- income housing requirements with governmentally imposed restrictions. ❑ 'O. This transfer is to the first purchaser of a new building containing an active solar energy system. Please refer to the instructions for Part 1. Please provide any other information that will help the Assessor understand the nature of the transfer. SOE-502 -A (P2) REV. 12 (05 -13) THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION PART 2. OTHER TRANSFER INFORMATION Check and complete as applicable. A. Date of transfer, if other than recording date: f `lt B. Type of transfer. Purchase ❑ Foreclosure ❑ Gift ❑ Trade or exchange ❑ Merger, stock, or partnership acquisition (Form BOE- 100-6) Contract of sale. Date of contract: ❑ Inheritance. Date of death: ❑ Sale /leaseback ❑ Creation of a lease ❑ Assignment of a lease ❑ Termination of a lease. Date lease began: Original tens in years (including written options): Remaining term in years (including written options): ❑ Other. Please explain: C- Only a partial interest in the property was transferred. ❑ YES ❑ NO PART 3. PURCHASE PRICE AND TERMS OF SALE A. Total purchase price. If YES, indicate the percentage transferred: % Check and complete as applicable. B. Cash down payment or value of trade or exchange excluding closing costs Amount $ C. First deed of trust @ % interest for years. Monthly payment $ Amount $ ❑' FHA (_Discount Points) ❑ Cal -Vet ❑ VA(_Discount Points) ❑ Fixed rate ❑ Variable rate Bank/savings & Loan /Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date: D. Second deed of trust @ % interest for years. Monthly payment $ Amount $ ❑ Fixed rate ❑ Variable rate ❑ Bank/Saving & Loan /Credit Union ❑ Loan carried by seller 0 Balloon payment.$ Due date: E. ❑ was an improvement Bond or other public financing assumed by the buyer? ❑ YES ❑ NO Outstanding balance $ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G.The property was purchased: ❑ Through real estate broker. Broker name: Phone Number: ( ) ❑ Direct from seller ❑ From a family member - Relationship ❑ Other. Please explain: H. Please explain any special terms, seller concessions, broker /agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION A. Type of property transferred ❑ Single- family residence Multiple- family residence. Number of units: ❑ Other. Description: (i.e., timber, mineral, water rights, etc.) Check and complete as applicable. ❑ Co -op /Own - your -own ❑ Manufactured home ❑ Condominium ❑ Unimproved lot ❑ Timeshare ❑ Commercial /Industrial B. ❑ YES ❑ NO Personal /business property, or incentives, provided by seller to buyer are included in the purchase price. Examples of personal property are furniture, farm equipment, machinery, etc. Examples of incentives are club memberships, etc. Attach list if available If YES, enter the value of the personal /business property: $ Incentives $ C. ❑ YES ❑ NO A manufactured home is included in the purchase price. If YES, enter the value attributed to the manufactured home: $ ❑ YES ❑ NO The manufactured home is subject to local property tax. If NO, enter the decal number: D. ❑ YES ❑ NO The property produces rental or other income. If YES, the income is from: ❑ Lease /rent ❑ Contract ❑ Mineral rights ❑ Other: E. The condition of the property at the time of sale was: ❑ Good ❑ Average ❑ Fair ❑ Poor Please describe: CERTIFICATION 1 ertify (oll declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the st If my now/edge and belief. SIGNAT UYER/rWSFEREE OR CORPORATE OFFICER IRATE f I ITPI IPD.^- NAME E O BUIERrrRANSFER EE LEGAL REPRESENTATIVE/CORPORATE O ER (PLEASE PRINT) TITLE { IEMAIL ADDRESS i GRANT DEED RECORD WITHOUT FEE UNDER CALIFORNIA GOVERNMENT CODE SECTIONS 27383 AND 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 -6197 Attention: City Clerk MAIL TAX STATEMENTS TO: Same as above Space above this Line for Recorder's Use A.P.N. 799 -08 -054 Transfer is exempt from documentary transfer tax pursuant to R &T Code Section 11922 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, County of Santa Clara, a political subdivision of the State of California ( "Grantor "), hereby GRANTS to City of Gilroy, a municipal corporation ( "Grantee "), all that real property situated in the City of Gilroy, County of Santa Clara, State of California, described on Exhibit A attached hereto, and the building and other improvements located on said real property, together with all privileges, easements and other rights (if any) that are appurtenant to said real property, building and other improvements, including without limitation all mineral and water rights, appurtenant easements, A.P.N. 799-M-054 Grant Deed Conveyance to City of Gilroy 08te DEC 0 9 2014 rights -of way and other appurtenances (if any) used in connection with or relating to said real property, building and other.improvements. In Witness Whereof, Grantor has caused this instrument to be executed. GRANTOR: COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Mike Wasserman, President Board of Supervisors Date: na 0 9 2014 ATTEST: egadanz, C&rk of the Board of Supervisors Date: DEC 0 9 2014 APPROVED AS TO FORM AND LEGALITY: Deputy Mail tax statements to: Same as above address. R.P.N. 799-08-054 Grant Deed Conveyance to City of Gilroy CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT . CIVIL CODE §.1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SANTA CLARA J/ On ff�dcK - /? before me, Date TONYA HUNTER, NOTARY, / r, / He►p Irmt -rt Nam- and rt /a of thra t�rPr personally appeared M, /cam �/�-&- 4, Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. iOMIA Hlj<yIER. Commission # 1991838 Notary Public - California Santa Cfata Couatty W carmn. ras ftv 11, 2016 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si r L� ignature of Notary Public Place Notary Seal Above OPTfONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. i Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signers) Signer's Name: 0 Corporate Officer — Title(s). ❑ Partner — ❑ Limited ❑ General ❑ Individual O Attorney in F ❑ Trustee ❑ Guardi r Conservator ❑ Other: Signer Is Represe ' g: Date: or Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Notary Association - www.NationaiNotary.org • 1- 800-uS NOTARY (1- 800- 876 -6827) Item #5907 OLD REPUBLIC TITLE COMPANY * * * A MEMBER OF TEiE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 -FAX (408) 848 -3507 County of Santa Clara; a subdivision of the State of California Date: December 23, 2014 70 West Hedding. Street East Wing 11th Floor Escrow No.: 0621005112 -3W San Jose, CA 95110 Escrow Officer: Jan Wallace Dosing Date: January 29, 2015 Property: 7350 Rosanna Street, Gilroy; CA 95020 County of Santa Clara, A political Subdivision of the State of California / Bruce Knopff ----f" Director of the Office of Asset Eco � mic Approved OLD A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 • FAX (408) 848 -3507 SELLER'S INSTRUCTIONS TO OLD REPUBLIC TITLE COMPANY Property Address: 7350 Rosanna Street Gilroy, CA 95020 Date: December 23, 2014 Escrow No.: 0621005112 -JW Escrow Officer: Jan Wallace The following are handed you herewith and you are authorized to deliver or record same when you can comply with these Instructions. From the amounts due seller, you are authorized to pay or deduct all charges in accordance with the Estimated Seller's Statement included herein and approved by the undersigned. *) Grant Deed In favor of the Buyer(s) ( *) California Income Tax Withholding Notice ( *) California Form 593C The following additional terms and conditions shall apply in this escrow: City of Gilroy, buyer, requests a CLTA owner policy to be issued to them at the close of escrow. The undersigned, being all of the purchasers of the real property which is the subject of this escrow, hereby declare and affirm that they have contracted for the purchase of said property in Its present "AS IS" condition. Escrow Holder is therefore instructed by the undersigned to not be concerned with the receipt, delivery or incorporation into this escrow of any report, certificate or other evidence, in writing or otherwise, that purports to pertain to or to describe any feature of the physical condition of said property and /or the withholding of any monies in escrow for the remediation of any defect or repair which was or could have been disclosed in said evidence. In consideration of the acceptance by the Escrow Holder of this instruction the undersigned, on behalf of themselves and their successors, do hereby waive, release and relieve Escrow Holder from any responsibility and /or liability to the undersigned or their successors for any claim or loss relating to the sale of the subject property in an "AS IS" condition. There will be no prorations in this escrow As of close of escrow (est. January 29, 2015) prorate and /or adjust the following: ( ) Taxes (based on the most recent tax bill available); O Assessments; O Fire insurance premiums (if acceptable to buyer); ( ) Interest on existing loan(s) and /or new loan(s); ( ) Mortgage Insurances; () Rents and /or deposits; ( ) Homeowners association dues; () Credit seller and debit buyer the amount of existing loan impounds, if any; 3w1JW Page 1 of 4 Sellers Instructions Escrow Officer: ]an Wallace Escrow N4.: 0621005112 -]W Property: 7350 Rosanna Street, Gilroy, California 95020 Date: December 23, 2014 The following general provisions shall apply in this escrow: 1. Deposit and Disbursement of Funds. All funds received in this escrow shall be deposited in accordance with the Deposit Instructions/. Authorizations provided by the party depositing funds into an escrow account maintained by Escrow Holder. Disbursements are ordinarily made by check of Escrow Holder. Escrow Holder offers its customers the opportunity to transfer funds by wire from its depository bank. Use of a wire transfer may offer benefits to a party who wishes to more quickly satisfy an obligation and stop the accrual of additional interest. Escrow Holder's wire transfer service handling fee is $25.00 for each wire requested. Advise Escrow Holder if .a wire transfer is required for any portion of the escrow funds or proceeds. 2. Prorations and Adjustments. All prorations and /or adjustments called for In this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. At closing, Escrow Holder may adjust estimated amounts and prorations and other items that may change based on the recording date. In all acts relating, but not limited to fire /hazard insurance, rents and rental deposits, real property taxes, and interest, Escrow Holder shall presume that the information provided to Escrow Holder by the parties to this escrow, or their agent(s), is correct and that insurance premiums have been paid. 3. Recordation of Documents. Escrow Holder is authorized to cause the recordation of any documents delivered to escrow if necessary and proper for the issuance of a Policy or Policies of Title Insurance in connection with this escrow. Escrow Holder is further authorized to outsource the actual recordation of documents by utilizing the services of an independent Recording Services Company for recording any such documents. The charge(s) for recording any such documents have been established by the independent Recording Services Company based on data and averages derived from its experience in recording documents in the official public records with the applicable governmental agency (e.g. County Recorder) where the property is located. Escrow Holder shall only charge the parties to this escrow the exact amount that Escrow Holder is charged by the Independent Recording Services Company as a pass through charge without any increases or extra amounts due to Escrow Holder. The applicable recording fee(s) are set forth in the Preliminary Report(s) and /or Estimated Closing Statement issued by Old Republic Title Company with respect to this particular transaction. 4. Authorization to Furnish Copies. Escrow Holder is authorized to furnish copies of these instructions and supplements thereto, notices of cancellation, and closing statements pertaining to this escrow to the real estate broker(s) and lender(s) named in this escrow. 5. Delivery of Non - Recorded Documents. Upon close of escrow, documents that are not required to be recorded may be delivered by Escrow Holder by depositing same in the United States Mail, postage prepaid, addressed to the party entitled thereto, at the mailing address provided to Escrow Holder. 6. Conflicting Instructions. Upon receipt of any conflicting Instructions (other than cancellation instructions), Escrow Holder is no longer obligated to take any further action in connection with this escrow until further consistent Instructions are received from the parties. Escrow Holder is authorized to hold all monies and /or instruments in this escrow until otherwise directed, either by the parties' mutual written instructions or by final order of a court of competent jurisdiction. In the event of conflicting claims to any funds or other documents, Escrow Holder shall have the absolute right, at Escrow Holder's discretion; to file an action in interpleader requiring the parties to answer and litigate their several claims and rights amongst themselves. Any such action must comply with the requisite Interpleader statutes of the state of California in this regard. 7. Disclosure. Escrow Holder shall have no duty to disclose to any party to this escrow any Information, which may come to Escrow Holder's attention concerning this transaction unless specifically requested to do so by any party. ]w /jw Page 2 of 4 Seller's Instructions Escrow Officer: ]an Wallace Escrow No.: 0621005112 -]W Property: 7350 Rosanna Street, Gilroy, California 95020 Date: December 23, 2014 8. Right of Cancellation. This escrow shall be deemed canceled upon Escrow Holder's receipt of any party's instruction to cancel the escrow. Upon receipt of a party's instructions to cancel the escrow, Escrow Holder shall distribute Cancellation Instructions to the parties or to their agents regarding the disbursement of funds in the escrow. Escrow Holder then is no longer obligated to take any further action in connection with this escrow until receipt of mutual non - conflicting instructions from the parties. Upon receipt of mutual, non- conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder shall disburse the funds in accordance with the Instructions, less fees and other costs incurred In connection with the escrow. In the absence of non - conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder is authorized and instructed to hold all earnest money funds in accordance with the terms of Paragraph 6 above, but Escrow Holder may distribute all funds in excess of earnest money to the depositors of the funds or their assignees at Escrow Holder's sole discretion. 9. Entire Agreement. These General Provisions and the joint escrow. instructions received and accepted by Escrow Holder (if applicable), shall be the whole and only agreement between the parties regarding the. obligations of Escrow Holder to complete this escrow and shall supersede and cancel any prior instructions. Escrow Holder shall disregard and assume no responsibility for complying with any other agreement(s) between the parties, whether or not such agreement(s) have been made a part of this escrow. To the extent of any conflicts between these General Provisions (including joint escrow instructions, if applicable) and any other agreement(s) between the parties, these General Provisions (including joint escrow instructions, if applicable) shall control. 10. Preliminary Report Approval. The parties to this escrow acknowledge that a copy of the preliminary report issued in conjunction with this escrow will be read and approved upon receipt and the parties will certify that there are no liens or encumbrances, other than those shown on said report that affect the property which is the subject of this escrow. Approval shall be assumed absent an objection to any item in the preliminary report and certification shall be assumed unless Escrow Holder is provided information sufficient to Identify liens or encumbrances not shown on the preliminary report. 11. Compliance with Regulatory Matters. Escrow Holder is not responsible or liable for determining that there has been compliance with any matters that are excluded from coverage under the title insurance policy to be Issued in conjunction with close of this escrow including, but not limited to, county or municipal ordinances and state, county or municipal subdivision or land division regulations or laws. Reference is made to the policy form on file with the Insurance Commissioner of the State of California and available through the Title Company for the customer's review for a complete statement of such exclusions. 12. Licensee Status. Escrow Holder is not responsible or liable for determining that any person or entity receiving a commission or other compensation from escrow is currently and regularly licensed, nor for communicating the license status of any person or entity receiving a commission or other compensation from escrow to the parties herein. 13. Unclaimed Funds. After three (3) years from the deposit of funds into escrow, any amounts thereafter remaining unclaimed may be escheated to the State of California in compliance with the State of California's Unclaimed Property Law and Regulations. 14. Fees and Charges. The parties to this escrow agree to pay all charges, billings, advances and expenses, including cancellation fees, that are properly chargeable to the undersigned, and further to pay any balance for fees, costs or shortages due in connection with these instructions. 15. Payments From Escrow. Escrow Holder is acting as the disbursing agent of the parties to this escrow for all payments, such as, but not limited to, commissions, signing service providers, notary fees and termite Inspections and /or reports, owed and authorized herein by the parties. 3W /jw Page 3 of 4 Seller's Instructions Escrow Officer: Jan Wallace Escrow No.: 0621005112 -3W Properly: 7350 Rosanna Street, Gilroy, California 95020 Date: December 23, 2014 16. Inspections. Escrow Holder is relieved of any obligation to order or obtain any of the inspections or reports required by this transaction. 17. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of, or obtain any party's compliance with, any of the contingencies required by this transaction. 18. Compliance with Lender Requirements. Escrow Holder is authorized to take any action necessary to comply with these Instructions and the instructions of any lender and to execute any and all documents that may be necessary or Incidental to the carrying out of these instructions. The undersigned have read, understand, and agree to the above, acknowledge receipt of a copy of your Privacy Policy Notice, and further acknowledge that the title company named herein may not disburse funds received in this escrow except in accordance with the provisions set forth in Section 12413.1 of the Insurance Code of the State of California. OLD REPUBLIC TITLE COMPANY IS LICENSED TO ACT AS AN UNDERWRITTEN TITLE COMPANY BY THE STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE. Seller(s): County of Santa Clara, A political Subdivision of the State of California Approved Forwarding Address: 70 West Hedding Street East Wing 11th Floor, San Jose, CA 95110 Received: Old Republic Title Company By Date Seller's Instructions Page 4 of 4 * OLIN 11 1, ; * * 1K A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 - Gilroy CA • 95020 • (408) 847 -1505 • FAX (408) 848 -3507 CALIFORNIA INCOME TAX WITHHOLDING NOTICE AS REQUIRED BY REVENUE AND TAXATION CODE SECTION 18662 ADDRESS OF PROPERTY TRANSFERRED 7350 Rosanna Street, Gilroy, CA 95020 ESCROW NO. 0621005112 -JW Address (number and street) State Zip Code In accordance. with Sections 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3'% percent of the sales price or the amount that is specified in a written certificate executed by the transferor in the case of a disposition Of California real property Interest by either: A seller who is an Individual, trust or estate or when the disbursement instructions authorize the proceeds be sent to a financial Intermediary of the seller, OR 2. A corporate or partnership seller that has no permanent place of business in California immediately after the transfer of title to the California real property. The buyer may become subject to a penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included In the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales, price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation or partnership with a permanent place of business in California, OR 3. The seller, who is an individual, trust, estate, partnership or a corporation without a permanent place of business in Califomia executes a written certificate, under the penalty, of perjury of any of the following: A. The California .real property being conveyed is the seller's or decedent's principal residence, within the meaning of Section 121 of the Intemal Revenue Code. B. The last use of the property being conveyed was use by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal Revenue Code. C. The Califomia real property being conveyed Is or will be exchanged for property of like kind within the meaning of Section 1031 of the Internal Revenue code but only to the extent of the amount of gain not required to be recognized for.Callfomla Income tax purposes under Section 1031 of the Internal Revenue Code. D. The California real property has been compulsorily or involuntarily converted within the meaning of Section 1033 of the Internal Revenue Code and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. E. The California reai property transaction will result in a loss or a net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement This company will, upon written instructions from the buyer, withhold the California income tax from the seller and deposit said tax with the Franchise Tax Board together with Franchise Tax Board Form 593 -B (and Franchise Tax Board Form 593 -I executed by the purchaser, if applicable). The fee charged by this company for this service is $45.00 (Revenue & Taxation Code 18662), For additional information on withholding requirements contact: Franchise Tax. Board, Withholding Services and Compliance Section P. O. Box 942867 Sacramento, CA 94267 -0651 (888) 792 -4900 or (916) 845 -4900 JW /jw Income Tax Withholding Notice Rev. 11/2013 Page 1 of 2 BUYER'S ACKNOWLEDGEMENT: The undersigned buyer acknowledges receipt of copy of this Notice of California Income Tax Withholding. City of Gilroy, a municipal corporation By: Thomas J. Haglund, City Administrator DATED SELLER'S ACKNOWLEDGEMENT: The undersigned seller acknowledges receipt of copy of this Notice of California Income Tax Withholding. County of Santa Clara, A political Subdivision of the State of California Bruc Director of the Office of A et and o mil evelopment Approved DATED JW /jw Income Tax Withholding Notice Rev. 11/2013 Page 2 of 2 YEAR CALIFORNIA FORM 2015 Real Estate Withholding Certificate 593 -C Part 1 — Seller or Transferor Return this form to vnur esrrnw r.nmrianv Name /r 000 O)C Tl C.... L"�X ft SSN or iTiN' SpousoslRDP's name (if jointly owned) Spouse's /RDP's SSN or ITIN (if Jointly owned Address (apt. /ste., room, POBox, r PMB o.) 0, —fir 11 �� 0 FEIN 0 CA Corp no. 0 CA SOS file no. . � a City (if you have foreign address, see Instructs . ids Y ax State ZIP Code Ownership percentage e Properly address (if no street address, provide parcel numb r and county) �ra� t� . gee. «. > °i CA 10 uarcrnarre wnemer you quanrytora,iurl or partial wtthhdlding exempt!W, check all boxes that apply to the property being sold or transferred. (See Instructions) Part 11— Certifications which fully exempt the sale from withholding: 1. ❑ The property qualifies as the seller's or transferor's (or decedent's, 11 sold by the decedent's estate or trust) principal residence within the meaning of Internal Revenue Code (IRC) Section121. 2. ❑ The seller or transferor (or decedent, It sold by the decedent's estate or trust) last used the property as the seller's or transferor's (decedent's) principal residence within the meaning of IRC Section 121 without regard to the two-year time period. 3. ❑ The seller or transferor has a loss or zero gain for California income tax purposes on this sale. To check this box you must complete Form 593 -E, Real Estate Witholding- Computation of Estimated Gain or Loss, and have a loss or zero gain on line 16. 4- ❑ The property is being compulsorily or involuntarily converted and the seller or transferor intends to acquire property that is similar or related in service or use to quality for nonrecognition of gain for California income lax purposes under IRC Section 1033. 5. ❑ The transfer qualifies for nonrecognition treatment under IRC Section 351 (transfer to a corporation controlled by the transferor) or iRC Section 721 (contribution to a partnership in exchange fora partnership interest). 6. ❑ The seller or transferor is a corporation (or a limited liability company (LLC) classified as a corporation for federal and California income lax purposes) that Is ehher qualified through the California Secretary of State (SOS) or has a permanent place of business In California. 7. ❑ The seller or transferor 1s a California partnership or a partnership qualified to do business In California (or an LLC that is classified as a partnership for federal and California Income tax purposes and is not a single member LLC that is disregarded for federal and California income tax purposes). 8. The seller or transferor is a tax - exempt entity under California or federal law. 9. ❑ he seller orlransferor Is an insurance company, individual' retirement account, qualified pension /profit sharing plan, or charitable remainder trust. Part iii — Cetiifccations that may partially or fully exempt the sale from withholding: Real Estate Escrow Person (BEEP): See instructions for amounts to withhold. 10. ❑ the transfer qualifies as a simultaneous like-kind exchange within the meaning of IRC Section 1031. 11. ❑ The transfer qualifies as a deferred like -kind exchange within the meaning of IRC Section 1031. 12. ❑ The transfer of this property is an Installment sale where the buyer is required to withhold on the principal portion of each installment payment. Copies of Form 593 -I, Real Estate Withholding Installment Sale Acknowledgement, and the promissory note are attached. Seller or Transferor Signature Under penalties of perjury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. if con the withholding agent. I understand that I must retain this form in my records for 5 years and that the Franchise Tax Board may review withholding compliance. Completing this form does not exempt me from filing a,Catiforpia income or franchise taoretUm, to rep o is f 0u 41f aetr� 6 91-"ee_K"hA' Selle'rua teror's Naive and Title s r, � d Zia gener'slrransferor i natu4 Spouse's/RDP's Spouse's /RDP's Seiler If you checked any box in Part 11, you are exempt from real estate withholding. or If you checked any box in Part 111, you may qualify for a partial or complete withholding exemption. Transferor I will promptly inform documents to ensure Date Except as to an installment sale, if the seller or transferor did not check any box in Pan fl or Part III of Form 593 -C, the withholding will be 31/3% (.0333) of the total sales price or the optional gain on sale withholding amount from linen of the certified Form 593, Real Estate Withholding Tax Statement. It the seller or transferor does not return the completed Form 593 and Form 593 -C by the close of escrow, the withholding will be 31/3% (:0339) of the total sales price, unless the type of transaction is an installment sale. If the transaction is an Installment sale, the withholding will be 31/9% (.0333) of the first installment payment. If you are withheld upon, the withholding agent should give you one copy of Form 593, Attach a copy to the lower front of your California income tax return and make a copy for your records. For Privacy Notice, get FTe 1131 ENGISP. �� 7131153 Form 593 -C C2 2014 SELLER'S AFFIDAVIT OF NONFOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest located at 7350 Rosanna Street, Gilroy, CA 95020 by County of Santa Clara, a subdivision of the State of California, (name of transferor), I hereby certify the following (if an entity transferor, on behalf of the transferor): [INDIVIDUAL TRANSFEROR(S)j 1. I am not a nonresident alien for purposes of U.S. income taxation; 2. My U.S. taxpayer identifying number (Social Security Number) is and 3. My home address is ------------------------- ------------------- [CORPORATION, PARTNERSHIP, TRUST, OR ESTATE TRANSFEROR(S)j 1. 00 to N'7' i 0 F PIPJ TA C,4 AA 6 [transferor] is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. �4G{ 7-1' OF - �� 14(Z � [name of transferor]'s U.S. employer identification number �17�— 44906 - and 3. C 0y j/-?Y ©� -j4jUr �°1�} [name of transferor]'s office address is ---------------------------------- County of Santa Clara, a subdivision of the State of California understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement I have made here (or, for entity transferor, contained herein) could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete and (for entity transferor), I further declare that I have authority to sign this document on behalf Of County of Santa Clara, a subdivision of the State of California Date: 112,1,g Y. // �% County of Santa Clara, A political Subdivision of the State of California I Director of the Of%Ls`of A§set4hd Economic Development Approved NOTICE TO TRANSFEROR AND. TRANSFEREE: DISREGARDED ENTITY CERTIFICATION (Transferor not a Disregarded Entity) County of Santa Clara, a subdivision of the State of California "Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property Interest by County of Santa Clara, a subdivision of the State of California, the undersigned hereby certifies the following on behalf of County of Santa Clara, a subdivision of the State of California: 1. County of Santa Clara, a subdivision of the State of California is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations]: 2. County of Santa Clara, a subdivision of the State of California is not a disregarded entity as defined in§ 1.1445 - 2(b)(2)(iii); 3. County of Santa Clara, a subdivision of the State of California's U.S. employer identification number is 9�/, /e ©4f� —�� 3 ,and 4. County of Santa Clara, a subdivision of the State of California's office address is • D it), f f Redd t vt q 57 - //", H, .S'a� Tos<= CA qSf /e) County of Santa Clara, a subdivision of the State of California understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of County of Santa Clara, a subdivision of the State of California. Date: County of Santa Clara, A political Subdivision of the State of California Bruce Knopf Director of the Office of Asset ailgtcon6Z D elonment Approved OLD 10 * * * A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 • FAX (408) 848 -3507 City of Gilroy Date: December 10, 2014 7351 Rosanna Street Escrow No.: 0621005112 -JW Gilroy, CA 95020 Escrow Officer: Jan Wallace Property: 7350 Rosanna Street, Gilroy, CA 95020 Closing Date: December 30, 2014 City Administrator JW /jw Buyer's Closing Statement OLD 40- y&— * * A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP' 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA - 95020 • (408) 847 -1505 • FAX (408) 848 -3507 BUYER'S INSTRUCTIONS TO OLD REPUBLIC TITLE COMPANY Property Address: 7350 Rosanna Street Gilroy, CA 95020 Date: December 10, 2014 Escrow No.: 0621005112 -JW Escrow Officer: Jan Wallace The following are handed you herewith and you are authorized to deliver or record same when you can. comply with these instructions and when you can cause to be issued a policy of title insurance as more fully described below. From the amounts deposited in this escrow for buyer's account, you are authorized to pay or deduct all charges in accordance with the Estimated Buyer's Statement included herein and approved by the undersigned. ( *) Cashier's check or wired funds in the amount required to close escrow ( *) Preliminary Change of Ownership Report ( *) California Income Tax Withholding Notice ( *) Certification of Acceptance for the grant deed Unless otherwise instructed concerning the type of policy to be issued, you are to cause to be issued a CLTA Standard Coverage Policy in the amount of 496,000.00, insuring title to the property described in your preliminary report issued in connection with this escrow to be vested of record in: City of Gilroy Subject to the preprinted provisions, exceptions and stipulations in said Policy and subject to: 1. Taxes for fiscal year 2014 - 2015; NO TAX ASSESSED. 2. Exceptions 1,2, of preliminary report dated November 14, 2014. The following additional terms and conditions shall apply in this escrow: City requests a CLTA owner policy to be issued to them at the close of escrow. There will be no proration in this escrow. All fire /liability insurance will be handled outside of this escrow without further concern or liability to escrow agent JW /jw Buyer's Instructions rayc i ut Escrow Officer: Jan Wallace :row No.: 0621005112 -JW Property: 7350 Rosanna Street, Gu, oy, California 95020 vate: December 10, 2014 The following general provisions shall apply in this escrow: 1. Deposit and Disbursement of Funds. All funds received in this escrow shall be deposited in accordance with the Deposit Instructions/ Authorizations provided by the party depositing funds into an escrow account maintained by Escrow Holder. Disbursements are ordinarily made by check of Escrow Holder. Escrow Holder offers its customers the opportunity to transfer funds by wire from its depository bank. Use of a wire transfer may offer benefits to a party who wishes to more quickly satisfy an obligation and stop the accrual of additional interest. Escrow Holder's wire transfer service handling fee is $25.00 for each wire requested. Advise Escrow Holder if a wire transfer is required for any portion of the escrow funds or proceeds. 2. Prorations and Adjustments. All prorations and /or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. At closing, Escrow Holder may adjust estimated amounts and prorations and other items that may change based on the recording date. In all acts relating, but not limited to fire /hazard insurance, rents and rental deposits, real property taxes, and interest, Escrow Holder shall presume that the information provided to Escrow Holder by the parties to this escrow, or their agent(s), is correct and that insurance premiums have been paid. 3. Recordation of Documents. Escrow Holder is authorized to cause the recordation of any documents delivered to escrow if necessary and proper for the issuance of a Policy or Policies of Title Insurance in connection with this escrow. Escrow Holder is further authorized to outsource the actual recordation of documents by utilizing the services of an independent Recording Services Company for recording any such documents. The charge(s) for recording any such documents have been established by the independent Recording Services Company based on data and averages derived from its experience in recording documents in the official public records with the applicable governmental agency (e.g. County Recorder) where the property is located. Escrow Holder shall only charge the parties to this escrow the exact amount that Escrow 'Holder is charged by the Independent Recording Services Company as a pass through charge without any increases or extra amounts due to Escrow Holder. The applicable recording fee(s) are set forth in the Preliminary Report(s) and /or Estimated Closing Statement issued by Old Republic Title Company with respect to this particular transaction. 4. Authorization to Furnish Copies. Escrow Holder is authorized to furnish copies of these instructions and supplements thereto, notices of cancellation, and closing statements pertaining to this escrow to the real estate broker(s) and lender(s) named in this escrow. S. Delivery of Non - Recorded Documents. Upon close of escrow, documents that are not required to be recorded may be delivered by Escrow Holder by depositing same in the United States Mail, postage prepaid, addressed to the party entitled thereto, at the mailing address provided to Escrow Holder. 6. Conflicting Instructions. Upon receipt of any conflicting instructions (other than cancellation instructions), Escrow Holder is no longer obligated to take any further action in connection with this escrow until further consistent instructions are received from the parties. Escrow Holder is authorized to hold all monies and /or instruments in this escrow until otherwise directed, either by the parties' mutual written instructions or by final order of a court of competent jurisdiction. In the event of conflicting claims to any funds or other documents, Escrow Holder shall have the absolute right, at Escrow Holder's discretion, to file an action in interpleader requiring the parties to answer and litigate their several claims and rights amongst themselves. Any such action must comply with the requisite interpleader statutes of the state of Califomia in this regard. JW /Jw Page 2 of 4 Buyer's Instructions Escrow Officer: Jan Wallace row No.: 0621005112 -JW Property: 7350 Rosanna Street, Gi , oy, California 95020 vate: December 10, 2014 7. Disclosure. Escrow Holder shall have no duty to disclose to any party to this escrow any information, which may come to Escrow Holder's attention concerning this transaction unless specifically requested to do so by any party. 8. Right of Cancellation. This escrow shall be deemed canceled upon Escrow Holder's receipt of any party's instruction to cancel the escrow. Upon receipt of a party's instructions to cancel the escrow, Escrow Holder shall distribute Cancellation Instructions to the parties or to their agents regarding the disbursement of funds in the escrow. Escrow Holder then is no longer obligated to take any further action in connection with this escrow until receipt of mutual non- conflicting instructions from the parties. Upon receipt of mutual, non - conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder shall disburse the funds in accordance with the instructions, less fees and other costs incurred in connection with the escrow. In the absence of non - conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder .is authorized and instructed to hold all earnest money funds in accordance with the terms of Paragraph 6 above, but Escrow Holder may distribute all funds in excess of earnest money to the depositors of the funds or their assignees at Escrow Holder's sole discretion. . 9. Entire Agreement. These General Provisions and the joint escrow instructions received and accepted by Escrow. Holder (if applicable), shall be the whole and only agreement between the parties regarding the obligations of Escrow Holder to complete this escrow and shall supersede and cancel any prior instructions. Escrow Holder shall disregard and assume no responsibility for complying with any other agreement(s) between the parties, whether or not such agreement(s) have been made a part of this escrow. To the extent of any conflicts between these General Provisions (including joint escrow instructions, if applicable) and any other agreement(s) between the parties, these General Provisions (including joint escrow instructions, if applicable) shall control. 10. Preliminary Report Approval. The parties to this escrow acknowledge that a copy of the preliminary report issued in conjunction with this escrow will be read and approved upon receipt and the parties will certify that there are no liens or encumbrances, other than those shown on said report that affect the property which is the subject of this escrow. Approval shall be assumed absent an objection to any item in the preliminary report and certification shall be assumed unless Escrow Holder is provided information sufficient to identify liens or encumbrances not shown on the preliminary report. 11. Compliance with Regulatory Matters. Escrow Holder is not responsible or liable for determining that there has been compliance with any matters that are excluded from coverage under the title insurance policy to be issued in conjunction with close of this escrow including, but not limited to, county or municipal ordinances and state, county or municipal subdivision or land division regulations or laws. Reference is made to the policy form on file with the Insurance Commissioner of the State of California and available through the Title Company for the customer's review for a complete statement of such exclusions. 12. Licensee Status. Escrow Holder is not responsible or liable for determining that any person or entity receiving a commission or other compensation from escrow is currently and regularly licensed, nor for communicating the license status of any person or entity receiving a commission or other compensation from escrow to the parties herein. 13. Unclaimed Funds. After three (3) years from the deposit of funds into escrow, any amounts thereafter remaining unclaimed may be escheated to the State of California in compliance with the State of California's Unclaimed Property Law and Regulations. 14. Fees and Charges. The parties to this escrow agree to pay all charges, billings, advances and expenses, including cancellation fees, that are properly chargeable to the undersigned, and further to pay any balance for fees, costs or shortages due in connection with these instructions. JW /jw Buyer's Instructions Page 3 of 4 Escrow Officer: Jan Wallace Property: 7350 Rosanna Street, Gilroy, California 95020 ,crow No.: 0621005112 -JW Date: December 10, 2014 15. Payments From Escrow. Escrow Holder is acting as the disbursing agent of the parties to this escrow for all payments, such as, but not limited to, commissions, signing service providers, notary fees and termite inspections and /or reports, owed and authorized herein by the parties. 16. Inspections. Escrow Holder is relieved of any obligation to order or obtain any of the inspections or reports required by this transaction. 17. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of, or obtain any party's compliance with, any of the contingencies required by this transaction. 18. Compliance with Lender Requirements. Escrow Holder is authorized to take any action necessary to comply with these instructions and the instructions of any lender and to execute any and all documents that may be necessary or incidental to the carrying out of these instructions. I have read, understand and agree to the above, acknowledge receipt of a copy of your Privacy Policy Notice, and further acknowledge that the title company named herein may not disburse funds received in this escrow except in accordance with the provisions set forth in Section 12413.1 of the Insurance Code of the State of California. OLD REPUBLIC TITLE COMPANY IS LICENSED TO ACT AS AN UNDERWRITTEN TITLE COMPANY BY THE STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE. Buyers(s): C I oy, a municipal corporation By Thomas J. Haglund, City Administrator Forwarding Address: 7351 Rosanna Street, Gilroy, CA 95020 Received: Old Republic Title Company By Date JW/jw Page 4 of 4 Buyer's Instructions i O F F I C E OF C O U N T Y AS S E S S 0 R - SANTA C L A R A COUNTY, CAL I IF 0•R N IA 799 W. SIXTH B. I S.-R. 3 W. La I-- I Ui 1� W. SEVENTH LAS EVEN 1ti LAS ANIMAS RANCHO PARTN. STREET B. 1 S.-R. 2 W. B. 1 S.-R. I W. MEMORIAL 2 100. OIMMCT 2 53 R PaCL-2 I ------------- In S rat W. id' rn L4 99 Oan 0-F-0 i'Y . �j -------------- -4 Tt6.nT BOOK p 20 3 L � r 5 I' - IS JU K A 14 �L7 20 ------------- 6 19 15 ............ :'i (ATY OF GI ROY 50 ....................... 4 IZ 27 7 Sz - - I - ------------- 16 r -- 2.9 ------ 26 OLD GILROY ST. ------------- ------- -- 8 1 "' .. 2 R -5 17 --- 42 Wo 63 18 Ar-PLAN i 21 22 5 LO 10 iz MIZ4 M.F� 2 j 12 r 77.2. R.O.S. 82317 STREET PTY Of-, OY' ........................ I O "Me. This is neither . furnishe;Wrnerey as,a plot nor a survey, it is locating e 11 Convenience toad you in to street, an indicated he by 8 and other I d - hereon with reference r*=*n of any reliance - No liability is assumed hereoiL S- an. 'K'M F ' " k I ®IUD * *,j, * * A MEMBER OF THE OLD REPUBLIC TITLE INSURANCE GROUP 8060 Santa Teresa Blvd., Suite 100 • Gilroy CA • 95020 • (408) 847 -1505 •'FAX (408) 848 -3507 CALIFORNIA INCOME TAX WITHHOLDING NOTICE AS REQUIRED BY REVENUE AND TAXATION CODE SECTION 18662 ADDRESS OF PROPERTY TRANSFERRED ESCROW NO. 0621005112 -3W 7350 Rosanna Street, Gilroy, CA 95020 Address (number and street) State. Zip Code In accordance with Sections 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3% percent of the sales price or the amount that is specified in a written certificate executed by the transferor in the case of a disposition of California real property interest by either: 1. A seller who is an individual, trust or estate or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate or partnership seller that has no permanent place of business in California immediately after the transfer of title to the California real property. The buyer may become subject to a penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation or partnership with a permanent place of business in California, OR 3. The seller, who is an individual, trust, estate, partnership or a corporation without a permanent place of business in California executes a written certificate, under the penalty, of perjury of any of the following: A. The California real property being conveyed is the seller's or decedent's principal residence, within the meaning of Section 121 of the Internal Revenue Code. B. The last use of the property being conveyed was use by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal. Revenue Code. C. The California real property being conveyed is or will be exchanged for property of like kind within the meaning of Section 1031 of the Internal Revenue code but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code. D. The California real property has been compulsorily or involuntarily converted within the meaning of Section 1033 of the Internal Revenue Code and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. E. The California real property transaction will result in a loss or a net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement This company will, upon written instructions from the buyer, withhold the California income tax from the seller and deposit said tax with the Franchise Tax Board together with Franchise Tax Board Form 593 -B (and Franchise Tax Board Form 593 -I executed by the purchaser, if applicable). The fee charged by this company for this service is $45.00 (Revenue & Taxation Code 18662). For additional information on withholding requirernents,contact: Franchise Tax Board, Withholding Services and Compliance Section P. 0. Box 942867 Sacramento, CA 94267 -0651 (888) 792 -4900 or (916) 845 -4900 )W /jw Income Tax Withholding Notice Rev. 11/2013 Page 1 of 2 BUYER'S ACKNOWLEDGEMENT: The undersigned buyer acknowledges receipt of copy of this Notice of California Income Tax Withholding. Ci y, a municipal corporation By: Tho as ]. HaglLW, City Administrator DATED S SELLER'S ACKNOWLEDGEMENT: The undersigned seller acknowledges receipt of copy of this Notice of California Income Tax Withholding. County of Santa Clara, A political Subdivision of the State of California Mike Wasserman President Board' of Supervisors Approved : DATED J W /jw Income Tax Withholding Notice Rev. 11/2013 Page 2 of 2 CONDITIONS AND STIPULATIONS (Rev. 04- 08 -14) (c) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(0) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 14. Liability Limited to This Policy; Policy Entire Contract (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Severability In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 400 Second Avenue South, Minneapolis, MN 55401 -2499, (612) 371 -1111. CLTA Standard Coverage Policy 1990 — Conditions and Stipulations (Rev. 04- 08 -14) ORT Form No. 1102