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Milias Apartments - Public Parking Covenants, Conditions and Restrictions RECORDING REQUESTED BY: Chicago'Title Company DOCUMENT: 19746938 Pages: 22 WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Shawna Freels C/O City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 I 'I I I I I III Fees Taxes Copies AMT PAID 72.00 72 00 Escrow No.: 06-98701893-JW Locate No.: CACT17743-7743-2987-0098701893 Title No.: 06-98701893-KV REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title ROE fI 0]2 2/19/2008 8:00 AM SPACE ABOVE THIS LINE FOR RECORDER'S USE Public Parking Covenants, Conditions and Restrictions MAIL TAX STATEMENTS AS DIRECTED ABOVE THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) (recoversc)(02-06) INSURED GY !f1()/~t) CTC CHICAGO TITLE ~{ Escrow or Loan No. 06-98701893-D-RP RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 Attn.: Shawna Freels SPACE ABOVE THIS LINE FOR RECORDER APN: 799-07-075, 799-07-076 & 799-07-078 Conveyance Tax: Exempt PUBLIC PARKING COVENANTS, CONDITIONS AND RESTRICTIONS BY AND BETWE~ THE CITY OF GILROY, CALIFORNIA AND MILIAS APARTMEN1!j LP This agreement containing public parking covenants, conditions, and restrictions ("Parking Covenant") by and between the City of Gilroy, California ("City") and Milias Apartmen~ a Limited Partnership ("Owner"), shall become effective upon recordation hereof ("Effective Date"). RECITALS City is the owner of certain properties upon which it has developed, or plans to develop, City parking facilities, which properties are described in the attached Exhibits "A-I" and "A-2" (the "Public Parking Properties"). Owner is the owner of a fee interest in real property containing apartment units, which property is further described in the attached Exhibit "B" ("Apartment Property"). One portion of the Public Parking Properties was formerly owned by Owner and purchased by City pursuant to a Purchase and Sale Agreement of even date herewith. Pursuant to a previously unrecorded development agreement, a copy of which is attached hereto as Exhibit "c" ("Development Agreement"), Owner had agreed to develop said portion of the Public Parking Properties for purposes of providing ten (10) spaces of parking for the tenants of the apartment units on the Apartment Property. Owner sold said portion of the Public Parking Properties to City on the condition that City agreed to allow designated tenants of the Apartment Property non-exclusive use of ten (10) undefined parking spaces on the parking lots developed on the Public Parking Properties in order to fulfill Owner's obligation to provide such spaces under the Development Agreement. 1 WPAPP\712332.5 101607-04706083 NOW THEREFORE, in consideration of the foregoing and the covenants and agreements on the part of each party to the others as hereafter set forth, IT IS AGREED as follows: 1. City hereby grants to Owner the right to no more than ten (10) undesignated spaces on the Public Parking Properties ("Parking Spaces") for vehicular parking of tenants of the Apartment Property and for no other purpose. Owner shall have the right to designate those tenants of the Apartment Property ("Designated Tenants") who will be entitled to receive a City license or other applicable permit to park on the Public Parking Properties ("Parking License"). Designated Tenant parking shall be limited to functional, licensed vehicles, suitable for use on public roads. City shall not permit the use of Parking Licenses for boats, recreational vehicles (including RVs and trailers) and/or non-functional vehicles. No individual Designated Tenant will be issued more than two (2) Parking Licenses. As a condition of any Designated Tenant's being granted a Parking Permit, City may require such Designated Tenant to enter into an agreement with City setting forth the conditions (as determined by the City in its sole discretion) under which such Designated Tenant shall be permitted to park on the Public Parking Properties; failure of a Designated Tenant to agree to such terms shall be grounds for denying a Designated Tenant a Parking License. Designated Tenants shall park on the Public Parking Properties at their own risk and shall indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorneys' fees) incurred by City in connection with their use of the Public Parking Properties. 2. Concurrently with execution of this Parking Covenant, Owner shall provide City with a current list of the Designated Tenants. Such list shall include the names of the Designated Tenants and the make, model and license plate number of vehicle{s) for which the Parking Licenses shall be issued. City shall issue no more than ten (10) Parking Licenses in the aggregate for the benefit of the Designated Tenants. Owner shall keep the list of the Designated Tenants current and inform City, at the address for notices set forth in Section 21, herein, of any termination of a Designated Tenant's tenancy or any additions /subtractions or other changes to the list of Designated Tenants. Owner shall inform City of any such changes within thirty (30) days after such change occurs. Owner shall not transfer Parking Licenses to any non-tenants or actively permit former Designated Tenants to continue to maintain their Parking Licenses. Such actions will be deemed a breach of this Parking Covenant and allow City to terminate Owner's rights hereunder by filing a Termination of Parking Covenant as further set forth in Section 8, below. 3. City may designate, from time to time the areas which will be made available for Designated Tenants within the Public Parking Properties. Nothing herein shall be deemed to infringe on City's right to restrict use to the general public (including the Designated Tenants) of all, or a portion of, the Public Parking Properties for special events, maintenance work or other matters which, in City's sole discretion, necessitate the use of the Public Parking Properties for activities other than parking. 2 IVPAPP\712332.5 101607-04706083 4. In addition, City may establish, post and/or enforce any and all laws, rules and/or regulations ("Parking Regulations") affecting the operation of the Public Parking Properties in any way and nothing herein shall be deemed to prohibit City from changing such Parking Regulations, from time to time, in its complete discretion. City may eject, or cause an ejection, from the Public Parking Properties of any person, persons or vehicles not authorized, empowered or privileged to use the Public Parking Properties. City may revoke the permit of any Designated Tenant violating such Parking Regulations or engaging in any other conduct constituting a violation of the law, breach of any agreement with the City, or a public nuisance on the Public Parking Properties. City, in its discretion, may deem continuous violation of Parking Regulations or other misconduct on the Public Parking Properties by Owner or a Designated Tenant as a breach by Owner ofthis Parking Covenant. 5. The exercise of the parking rights granted herein and the use of the Public Parking Properties by the Designated Tenants shall be in common with the use of the Public Parking Properties by the general public for as long as the City maintains the lots open as municipal public parking. 6. The rights granted herein shall terminate immediately upon the cessation of use of the Apartment Property for purpose of maintaining leased residential dwellings. For purposes of this Agreement, cessation of use shall be deemed to have occurred if the Apartment Property has either: no residential apartments occupied or offered for rent for a period of one (1) year or, if the apartment units are damaged or destroyed, the Owner does not commence rebuilding of such units within two (2) years after such damage or destruction. 7. In addition, City may terminate this Parking Covenant as a result of any breach of Owner's commitments herein. 8. If City deems that the Owner has ceased to use the Apartment Property for the purpose of leasing residential dwellings thereon, or City otherwise determines that it is entitled to terminate this Parking Covenant for any other reason allowed under this Parking Covenant, including any breach by Owner of its commitments herein, City, after thirty (30) days written notice to Owner at the address for notices set forth in Section 21, may file a recordable Termination of Parking Covenant in the Official Records of the County of Santa Clara, State of California, which Termination of Parking Covenant shall indicate that this Parking Covenant has been terminated. 9. In addition, the parties may mutually terminate this Parking Covenant by written agreement abandoning or terminating the same, executed by the respective owners of the dominant and servient estates. Any mutual termination of this Parking Covenant shall be properly executed by the parties hereto and recorded in the Official Records of the County of Santa Clara, State of California. 10. Should Owner develop additional apartment units on the Apartment Property after the Effective Date of this Parking Covenant, such additional units shall not be covered by the terms of this Parking Covenant and tenants of such additional units shall have no right to Parking Licenses, unless otherwise agreed, in writing, by the parties hereto. 3 IVPAPP1712332.5 101607-04706083 11. Nothing in this Parking Covenant shall be deemed a commitment by City to develop, repair, maintain or keep open any portion of the Public Parking Property for vehicular parking or any other purpose. If the Public Parking Property is ever damaged or destroyed, nothing herein shall commit City to repair or replace the parking thereon. 12. Should City ever terminate the use of all of the Public Parking Property for purposes of public vehicular parking, City shall offer to amend this Covenant to allow for the use of an equal number of spaces located (as determined by City) on another City-owned, public parking lot identified in figure 7.2 of the Downtown Gilroy Specific Plan, dated November 7, 2005, a copy of which is attached hereto as Exhibit "D", or a reasonably equivalent space (as determined by City). In the event that such alternative spaces are accepted by Owner, the parties shall amend this Covenant to reflect such change. Such amendment shall be properly executed by the parties hereto and recorded in the Official Records of the County of Santa Clara, State of California. (Nothing herein, however, shall be deemed to require City to maintain any existing public parking lots or to construct new public parking lots.) 13. City shall have the right to any and all monetary awards resulting from a taking of all, or any part of, the Public Parking Properties. For purposes of this section "taking" shall include any sale or other transfer of such properties to a condemning authority in lieu of condemnation. In the event of such taking, this Parking Covenant shall terminate as to such portion of the Public Parking Properties as is transferred to the condemning authority. 14. This Parking Covenant shall become effective upon the date that it has been duly executed by the City and Owner and is recorded in the Official Records of the County of Santa Clara, State of California. 15. The provisions of this Parking Covenant are for the exclusive benefit of the parties hereto and their respective successors and assigns, and not for the benefit of any third person, including any occupant of the Apartment Property. It is expressly understood and agreed that no modification or amendment, in whole or in part, shall require any consent or approval of any party other than the parties hereto. 16. If any party hereto shall institute any judicial action or proceeding relating to violations threatened violations or failure of performance of or under this Parking Covenant, or any default hereunder or to enforce the provisions hereof, then the prevailing party shall be entitled to recover its attorneys' fees from the defaulting party. For purposes of this Parking Covenant, the "prevailing party" shall be that party which, by law, is entitled to recover its costs of suit, whether or not the action proceeds to final judgment. 17. This Parking Covenant shall be construed in accordance with the laws of the State of California. 18. Nothing contained in this Parking Covenant, nor any acts of the parties hereto, shall be deemed or construed by the parties, or any of them, or by any third person, to create the 4 IVPAPP1712332.5 101607-04706083 relationship of principal and agent, or a partnership or a joint venture or of any association between the parties. 19. This Parking Covenant shall run with the land, both with respect to the benefit and burdens created hereby, and shall be binding upon and inure to the benefit of the successors and assigns of the parties. 20. Except through legal transfer of a fee interest in the Apartment Property, the rights granted herein may not be assigned to any other person or entity. Any purported assignment shall be considered void ab initio and shall serve to terminate this Parking Covenant. 21. All notices required herein shall be sent by certified mail, return receipt requested or express delivery service with a delivery receipt, by personal delivery with delivery receipt and shall be deemed to be effective as of the date received, the date the notice was returned as undeliverable, or the date delivery was refused as indicated on the return receipt or delivery receipt as follows: To Owner: Mr. and Mrs. Joseph A. Mattos Milias Apartments 7397 Monterey St. Gilroy, CA 95020 To the City: The City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn: Bill Headley The parties may subsequently change addresses by providing written notice of the change in address to the other party in accordance with this section. 22. Each of the Exhibits attached to this Parking Covenant shall be deemed to be incorporated herein by the individual reference to such exhibit and all such exhibits shall be deemed to be a part of this Parking Covenant as though set forth in full in the body hereof. Signatures of parties on follOWing page. 5 WPAPP1712332.5 101607-1)4706083 IN WITNESS WHEREOF, this Parking Covenant has been executed by the parties as of the day and year first written above and shall become effective upon recording in the Official Records of the County of Santa Clara, California. OWNER: CITY: MILTAS APARTMENT, LP By: 'fay Dtl:k3a {'w'\ ct. '-.... ~.\trimCity Administrator EXECUTED IN COUNTERPART By: Joseph A. Mattos General Partner Social Security or Taxpayer Identification Number APPROVED AS TO FORM EXECUTED IN COUNTERPART ~ 4'. e~ By: Barbara C. Mattos Limited Partner Linda A. Callon City Attorney Social Security or Taxpayer Identification Number 6 IVPAPP1712332.5 101607..Q4706083 IN WITNESS WHEREOF, this Parking Covenant has been executed by the parties as of the day and year first written above and shall become effective upon recording in the Official Records of the County of Santa Clara, California. OWNER: CITY: MILIAS APARTMENT, LP CITY OF GILROY 4. 'f1" ~ /' ~A- 1-/, Jos h A. Mattos General Partner EXECUTED IN COUNTERPART By: Jay Baksa City Administrator Social Security or Taxpayer Identification Number APPROVED AS TO FORM BY:~~ /11JL,~ Beverly C.. attos Limited Partner EXECUTED IN COUNTERPART Linda A. Callon City Attorney Social Security or Taxpayer Identification Number ATTEST: EXECUTED IN COUNTERPAR1 Shawna Freels City Clerk 6 IVPAPP\712332.5 101607.{)4706083 CAUFORNIA. ALL-PURPOSE ACK.NOWl,EDGMENT ~..Q('"..Q('"-<X';.&Q-<X'y(X'".c<'~y(X'".C<'-<X>..c<::e<'.AX'ACX'y(X'"~~.C<'-<X>.C<'.c<'..Q('"-<X'~y(X'"-<X'.AX'-<X'~y(X'".c<'~~~-<X'.AX'.AX'.AX'.C<'.c<'..c<:'~ of Santa Clara " f" 5t3t8 On Fe!:>I'l.!ary._~L.2QQ8 before rne.Patricia.K. ~~fl8~()it~~~Xi;'lr~~}ic personally appearecJ________ _~_J_a_~c::z.ak ____ .___ tJal!l81Si .:)[ Si:;Jil:jr(S . IA. CommfIIIon # 1"6362 ,~ Notary PublIc . COIIfornla I IantoCfaro County - 1. _ _ _ _ _~~~~~~ J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~re subscribed to the withm instrument and acknowledged to me that he~. ey executed the same in his/~eir aut. horized capacity(ies), and that by hi~eir ~nature(s) on the instrument the person(s), or~ entity upon behalf of tvhich thE executed the instrurnent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEss/my.d..- d .and official s...eal. (" g:j SignatLlr~/.L---"---'---- ~~~ " l, L _ 31!)li;]turs of r'hAary PI' jlic ~- OPTIONAL Though the information below is not required IJY law. il may prove valuable to persons relying 011 the document and coulo' pre'II'ent frCfudulent rernol/ai an~.J (t'at'li.:JclJfnunt or' this f()fIn to anothet docurnent. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ---.J Individual '-- Corporate Officer - Title(s): Partner -.::J Limited =i General Attornev in Fact ,_I Trustee L Guardian or Conservator * Other:_.Inte.rim.....Cili. AOrnin:i.stx.atQL Signer Is Representing: __ City of Gil~.QL...n Signer's Name: [I Individual _' Corporate Officer - TitI8(s): ______ [J Partner - C Limited General '....' A.ttomey in Fact C: lrustee Guardian 01' Conservator ~i Crther: ~... . . i T:-'i-::' ;:11 i!"Ii.llljb :"':2 I I i i I ! Signer Is Representing: .... _____----.J [1'.3' Sote, .!::.:,.'6 .. Ch2ls\,\',:_rth. lt~;-i-: RE'C'id;st': C::dlli:,ii-Fr2S 1-'_~:(II~;-,'37f'-e:~S:='7 On before me, Santa Clara ~y 'f-'" A A.':""'- , Notary Public (here insert name and title of the officer), pers ally appeared Joseoh A. Mattos and Beverly C. Mattos, 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/sh~~~ executed the same in his/her/their authOr'iied capacity(ies), and that by his/her/their signature(s) on the instrument t e person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur )~&A&~~~.~~~A~~A.~~~& ~ ~" JANe. K. WAl..bAceA 1 ~ j:.,.; ~ COMM. #1 ~941'32 rn w, . Notary PUblic-California CO 1. ' SANTA CLARA COUNTY :;;: '. ,,,c_ My Cqmm, h~, ~ij!Y U ~"'U '"' ... .... ... ... ... ~ .y.... "., 7: ... ....- ~."'"""~"'l'L'~___~'>,,~_,",\' WITNES (notary)(12-07) Exhibit A-I to Exhibit .A-2 Legal Description of Public Parking Properties THE LAND REFERRED TO HEREIN BELOW IS SrruATED IN THE CITY OF GILROY, COUN1Y OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel One: Beginning at a point on the Northeasterly line of Eigleberry Street at the most Westerly corner of Parcel no. 1, as said Parcel No. 1 is described in that certain order and decree settling first and final account of executor and distribution of the Estate entered in probate proceedings had In the Superior Court of the State of California, in and for the County of Santa Clara, under Action No. 62630 entitled, "In the Matter of the Estate of Minnie Milias, deceased," a certified copy of which was recorded on March 17, 1968 in Book 7314 of Official Records, at page 423; thence from said point of beginning, Southeasterly along the Northeasterly line of said EigJeberry Street, a distance of 30 feet; thence Northeasterly and parallel with the Northwesterly line of said Parcel No.1, as above referred to, a distance of 110.85 feet, more or less, to a point on the Northeasterly line of the aforesaid Parcel No.1; thence Northwesterly along the Northeasterly line of said Parcel No.1 above referred to, a distance of 15.94 feet to a point which bears Southeasterly 13.50 feet from the most Northerly corner of the aforesaid Parcel No.1, said point being the most Southerly corner of Parcel No.5, as said Parcel No.5 is described in the decree recorded in Book 7314 of Official Records at page 423, above referred to; thence Northeasterly along the Southeasterly line of said Parcel No.5, a distance of 29.95 feet, more or less to the most Easterly corner of the aforesaid Parcel No.5, on the Southwesterly line of an alley running through Block 1, North, Range 1 West, as shown on the Map No.5 accompanying report of the Commissioners in Henry Miller, et ai, plaintiffs, vs. Massey Thomas, et aI, defendants, in the Superior Court of the State of California in and for the County of Santa Clara, Case Number 5536; thence Northwesterly along the Northeasterly line of the aforesaid Parcel No.5, being the Southwesterly line of the alley above referred to, a distance of 13.50 feet to the most Northerly corner of said Parcel No.5; thence Southwesterly along the Northwesterly lines of Parcel No.5 and Parcel No.2, as both hereinabove referred, a distance of 140.80 feet, more or less to the Northeasterly line of Eigleberry Street and the point of beginning of this description. Parcel Two: Beginning at the point of the <e line of Eigleberry Street distant thereon 217.60 feet southerly from the Southeast corner of Fifth and Eigleberry Streets and running thence along the easterly line of Eigleberry Street southerly 45 feet; thence easterly 110.85 feet; thence northerly 28.50 feet; thence easterly 31.66 Feet, thence northerly 16.50 feet and thence westerly 140.80 feet to the Point of Beginning. Being designated as part of Lot 22, Block 1 north, Range 1 west on that certain Map No.5 accompanying the report of the referees in the partition suit of Henry Miller Et AI Vs Massey Thomas Et AI. Parcel Three: Commencing at the point of intersection of the southwesterly line of Monterey Street with the southeasterly line of Fifth Street, as shown upon the Map hereinafter referred to; thence along said line of Monterey Street, southeasterly 232.60 feet to the most northerly corner of Lot 10 in Block 1 north Range 1 west, as shown upon said Map; thence along the northwesterly line of said Lot 10, southwesterly 160 feet, more or less, to the point of intersection of said northwesterly line of said Lot 10 with southwesterly line of a 20 foot alley as established by Deed from Wm. Wilson, Et AI, to the Oty of Gilroy, dated February 2, 1887, recorded February 10, 1888 in Book 105 of Deeds, Page 115, said point of intersection ,also being the True Point of Beginning of this description; thence continuing along the northwesterly line of said Lot 10, southwesterly 30.96 feet to the most westerly corner thereof; thence along the southwesterly line of said Lot 10, southeasterly 18.90 feet to the most southerly corner of that certain Parcel of Land conveyed by August Piedmont, Et Ux, to J. K. McAlpine, by Deed dated May 26, 1947, recorded August 6, 1947 in Book 1493 of Official Records, Page 114; thence along the southeasterly line of said Parcel of Land so conveyed to Mc Alpine by Deed recorded in Book 1493 of Official Records, Page 114, northeasterly 30.83 feet to the intersection thereof the southwesterly line of said 20 foot alley, thence along the southwesterly line of said 20 foot alley, northwesterly 18.90 feet to the Point of Beginning and being a portion of Lot 10, as shown upon Map No.5 accompanying the report of the referees, and its Amendments In partition suit wherein Henry Miller, Et AI, were plaintiffs and Massey Thomas Et AI, were defendants in the Superior Court of the State of California, in and for the County of Santa Clara. Case No. 5536. Parcel Four: Portion of Lots 11 and 22, in Block 1 North, Rangel 1 west, as shown on Map No.5 accompanying report of the commissioners in Henry Miller, et aI, Plaintiffs Vs. Massey Thomas, Et AI, Defendants, In the Superior Court of the Sate of California, in and for Exhibit Page - Legal(exhibit)(08-07) the County of Santa Clara, Case No. 5536 and more particularly described as follows: Beginning at a point on the northeasterly line of Eigleberry Street, distant thereon 262.60 feet southeasterly from the point of intersection of the northeasterly line of Eigleberry Street, with the southeasterly line of Fifth Street, as said Street are shown upon the Map above referred to; thence southeasterly along the northeasterly line of Eigleberry Street 46.40 feet to the dividing line between Lots 22 and 23, as shown on said Map; thence northeasterly along said dividing line and the northeasterly prolongation thereof 140.00 feet to the southwesterly line of an alley running through the center in Block 1 north, Range 1 west, above referred to; thence northwesterly along the southwesterly line of said alley; 36.40 feet to the northwesterly line in Lot 11 In Block 1 North, Range 1 west, as shown upon the Map above referred to; thence southwesterly along said northwesterly line of Lot 11, 30.70 feet to the common corner for Lots 10, 11 and 22 in said Block; thence northwesterly along the southwesterly line of said Lot 10, 10 feet; thence southwesterly and parallel to the dividing line between Lots 22 and 23 above referred to, 110.85 feet to the Point of Beginning. Parcel Five: A portion of Lot 10, in Block 1 N, Range 1 W, as shown upon that certain Map entitled, Map No.5 accompanying Report of the Commissioners in Henry Miller Et AI, Plaintiff, vs. Massey Thomas, Et AI, Defendants, in the Superior Court of the Sate of California in and for the County of Santa Clara, Case Number 5536, and being more particularly described as follows: Beginning at a point in the southwesterly line of Monterey Street, distant thereon southeasterly 272.60 feet from the southeasterly line of Fifth Street, as said Streets are shown upon the Map above referred to, said Point of Beginning also being the Easternmost corner of Lot 10, as said Lot is shown upon the Map above referred to; thence from said Point Of beginning southwesterly and along the southeasterly line of said Lot 10 for a distance of 160 feet, more or less, to the point of intersection thereof with the southwesterly line of 20 foot alley as established in the Deed to the City of Gilroy, recorded on February 10, 1888 in Book 105 of Deeds, at Page 115 Santa Clara County Records and the True Point of Beginning of the Tract of Land to be described; thence from said True Point of Beginning southwesterly and along the said southeasterly line of Lot 10 for a distance of 30.7 feet, more or lees, to the Southernmost corner thereof; thence northwesterly and along the southwesterly line of said Lot 10 for a distance of 18.00 feet to the Westernmost corner of that certain Tract of Land described as Parcell in that certain decree of final distribution entered on December 20, 1937, in proceedings had in the Superior Court of the State of California in and for the County of Santa Clara, Entitled "in the matter of the estate of George M. Beane, deceased", probate Case No. 21277, a certified copy of which decree was filed for record on December 20, 1937, filing No. 121177, Santa Clara County Records; thence northeasterly and along the northwesterly line of said Parcell for a dIstance of 30.7 feet more or less, to the point of intersection thereof with the said 20 foot alley above referred to; thence southeasterly and along last mentioned line 18.90 feet to the True Point of Beginning. Parcel Six: PORTION OF LOT 7, in Block 1 North, Range I West, as shown on Map No.5 accompanying Report of the Commissioners in Henry Miller, et ai, plaintiffs, vs. Massey Thomas, et ai, defendants, in the Superior Court of the State of California, in and for the County of Santa Clara, Case Number 5536, and more particularly described as follows: BEGINNING at a point on the Easterly line of Eigleberry Street, distant thereon Southerly 157.60 feet from the point of intersection of the Easterly line of Elgleberry Street with the Southerly line of Fifth Street; thence running Southerly along the Easterly line of Eigleberry Street 60 feet; thence Easterly and parallel with Fifth Street 140 feet to the Westerly line of an alley; thence Northerly and along the Westerly line of said alley 60 feet; thence Westerly and parallel with the Southerly line of Eigleberry Street 140 feet to the point of beginning. Parcel Seven: PORTION OF LOT 7, in Block 1 North, Range I West, as shown on Map No.5 accompanying Report of the Commissioners in Henry Miller, et ai, plaintiffs, vs. Massey Thomas, et ai, defendants, In the Superior Court of the State of California, in and for the County of Santa Clara, Case Number 5536, and more particularly described as follows: BEGINNING at a point in the Easterly line of Eigleberry Street distant thereon Southerly 107.70 feet from the point of intersection of the Easterly line of Eigleberry Street with the Southerly line of Fifth Street; thence Southerly along the Easterly line of Eigleberry Street 49.90 feet; thence Easterly and parallel with the Southerly line of Fifth Street 140 feetto the Westerly line of an alley; thence Northerly and along the Westerly line of said alley, 49.90 feet to the Southeasterly corner of land conveyed by H.C. Morey to William N. Furlong, by Deed recorded on February 14, 1887 In Book 88 of Deeds, page 309, records of Santa Clara County, California; thence Westerly 140 feet to the point of beginning, and being shown on Map No.5 Exhibit Page - Legal(exhibit)(08-07) accompanying the report of the Referees in the partition suit of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. Exhibit Page. Legal(exhibit)(08-07) EXHIBIT B All that certain Real Property in the City of Gilroy, counf- y of Santa Clara, State of California, described as follows: Beginning at the point of intersection of the Southeasterly line of West Sixth Street with the Southwesterly line of Monterey Street, as said Streets are shown on Map No.5, accompanying the Report of the Referees in the Partition suit wherein Henry Miller, et ai, were plaintiffs, and Massey Thomas, et ai, were defendants; thence from said Point of Beginning along said Southwesterly line of Monterey Street, Southeasterly 99.80 feet to the point of intersection thereof with the Southeasterly line of Lot 3, Block 1 South, Range 1 West as shown on said Map; thence along said last named line Southwesterly 99.80 feet to the Southwesterly corner of said Lot; thence along the Southwesterly line of Lots 3, 2 and 1, as shown on said Map, Northwesterly 100.49 feet to a point in the said Southeasterly line of West Sixth Street; thence along said last named line, Northeasterly 99.80 feet to the Point of Beginning, and being all of Lots 1, 2 and 3, Block 1 South, Range 1 West, as shown on'the Map hereinabove referred to. 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"" :::> ~ - -- > EXHIBIT "F" DEFINITION OF HAZARDOUS MATERIALS "Hazardous Materials" shall mean any and all (a) substances, products, by-products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed under any Environmental Laws, and (b) any materials, substances, products, by- products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, by-products, or waste may give rise to liability under any Environmental Law or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported decisions of any state or federal court; and ( c) any substance, product, by-product, waste or any other material which may be hazardous or hannful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without limitation, petroleum and/or asbestos materials, products, by-products, or waste. "Environmental Laws" shall mean and include all federal, state, and local laws, statutes, ordinances, regulations, resolutions, decrees, and/or rules now or hereinafter in effect, as may be amended from time to time, and all implementing regulations, directives, orders, guidelines, and federal or state court decisions, interpreting, relating to, regulating or imposing liability (including, but not limited to, response, removal, remediation and damage costs) or standards of conduct or performance relating to industrial hygiene, occupational, health, and/or safety conditions, environmental conditions, or exposure to, contamination by, or clean-up of, any and all Hazardous Materials, including without limitation, all federal or state superlien or environmental clean-up statutes.