HomeMy WebLinkAboutNature Conservancy VI‘g 744073
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AGREEMENT OF SALE V ,
THIS AGREEMENT dated as of January 29th , 1968, between
THE NATURE CONSERVANCY, hereinafter caller "Seller," and TOWN
OP LOS ALTOS HILLS, a general law city incorporated and exist-
ing under the laws of the State of California, hereinafter
called "Buyer," provides as follows:
1. In consideration of the payments to be made by Buyer
as hereinafter set forth, Seller agrees to sell. and Buyers
agrees to buy the real property situated in the County of
Santa Clara, State of California, described in Exhibit A
hereto, for the sum of Twenty-five Thousand Dollars ($25,000)
in lawful money of the United States of America; and Buyer
promises and agrees to pay the Seller the aforesaid sum of
money for all of said real property.
2. At the time of closing, Seller shall convey to Buyer
by duly executed and acknowledged grant deed, the above de-
scribed real property'.free and clear of all liens, encum-
brances, restrictions, reservations and other defects of
title. Buyer acknowledges that Lt will look to and rely
solely upon the title insurance policy provided for herein
respecting condition of title and Seller shall have no lia-
bility with respect to condition of title or any deficiencies
therein.
3. Closing shall take place at the office of Title
Insurance & Trust Co. , Los Altos Office (hereinafter referred
to as "Title Company); and an escrow shall be opened at
said offices by the parties hereto. The time of closing
shall be on or before 30 calendar days from the date of this
Agreement, or at such later date as is agreed upon among the
parties hereto in writing.
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4. Evidence of fee title shall be a California Land
Title Association standard coverage form policy of title
insurance issued through Title Company.
5. Taxes shall be prorated as of the date of closing.
The fees and costs of the above escrow and policy of title
insurance shall be divided equally between the parties and
each shall pay one-half (1/2) thereof, with the exception
of the cost of United States or other documentary stamps
or real estate transfer taxes which shall be the respon-
sibility of Seller.
6. The parties hereto agree that the sale of the above
described real property is subject to the conditions subse-
quent and reverter clause to appear on the deed in the form
of Exhibit B to this Agreement. Should Buyer at any time
after the date of closing of the above escrow convey the said
property to any other governmental entity, the conditions
subsequent and the reverter clause, as shown in Exhibit B,
shall be included in the instrument of conveyance, and Buyer
shall assign the reversionary interest as described in Exhibit
B to Seller, its successors, or assigns. Buyer may include in
such conveyance additional conditions subsequent or rights of
reverter for its own benefit as long as they are not in
derogation of Seller's rights.
7. Seller, in consideration of the payment of One Dollar
($1) per year for each of the parcels of real property situ-
ated in the County of Santa Clara, State of California, described
in Exhibit C hereto, agrees to lease each of the said parcels
to Buyer on a year to year basis, at Buyer's option to renew
each year.
B. In consideration of Buyer's Agreement to purchase the
real property described in Exhibit A above, Seller agrees to
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grant to Buyer an option to purchase each of the parcels of
real property described in Exhibit C hereto, at the prices
and prior to the expiration dates described below:
PARCEL ONE, Ten Thousand Dollars ($10,000);
on or before December 1, 1968.
PARCEL TWO, Ten Thousand Dollars ($10,000);
on or before December 1, 1969.
PARCEL THREE, Ten Thousand Dollars ($10,000);
on or before December 1, 1970.
PARCEL FOUR, Ten Thousand Dollars ($10,000);
on or before December 1, 1971.
PARCEL FIVE, Ten Thousand Dollars ($10,000);
on or before December 1, 1972.
PARCEL SIX, Ten Thousand Dollars ($10,000);
on or before December 1, 1973.
PARCEL SEVEN, Ten Thousand Dollars ($10,000);
on or before December 1, 1974.
PARCEL EIGHT, Four Thousand Five Hundred Dollars
($4,500); on or before December 1, 1975.
If Buyer fails to exercise any of the above options on
or prior to the expiration date of that option, all succeeding
options shall terminate; and Seller need not offer to lease
to Buyer any of the parcels described in Exhibit C hereto.
9. Seller shall deposit in the above escrow the neces-
sary executed leases and options to each of the parcels des-
cribed in Exhibit C hereto; said documents to be delivered
to Buyer at the time of closing. At the time of closing
Buyer shall pay to Seller- the sum of Eight Dollars ($8) for
the lease of all of said parcels, in addition to its payment
of Twenty-five Thousand Dollars ($25,000) for the real property
described in Exhibit A.
10. Upon the exercise of each of said options by Buyer,
an escrow shall be opened as set forth in paragraph 3 of this
agreement, except that the time of closing shall be on or
before 20 calendar days from the date the option is exercised.
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11. The parties hereto agree that the sale of each of
the parcels of real property described in Exhibit C shall
be subject to the conditions subsequent and the reverter
clause which shall appear on each deed in the form of Ex-
hibit B to this Agreement. Should Buyer at any time after
the date of acquisition of each of said parcels convey said
parcels to any governmental entity, the terms of paragraph 6
of this Agreement shall apply to such conveyance.
12. The fees and costs of each of the escrows estab-
lished for the exercise of each of the above options shall
be subject to the terms set forth in paragraph 5 of this
Agreement.
13. The lease Agreement for each of the parcels de-
scribed in Exhibit C shall be substantially in the form of
Exhibit D hereto; and shall provide that Buyer may sublease
such parcels for purposes consistent with the management of
them as open space or park lands; and shall further provide
that Buyer may make improvements upon said parcels, consistent
with the use of the parcels for park purposes. The lease
agreements shall further provide that any such improvements
may be removed by Buyer at its expense in the event of term-
ination of the lease.
14. Notwithstanding the other provisions hereof as to
the time for exercise and termination of options granted to
either party, should either party be prevented from carrying
out any option granted or performance called for herein, by
the order of a court of competent jurisdiction, the time for
exercise of such option or performance of such condition hereof
shall be extended until thirty (30) days after there has been a
final judgment entered in such action. The party affected by
such order shall in good faith diligently proceed with any
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v chili 11li
such litigation in order to effect the determination thereof
at the earliest possible time.
15. Buyer shall, within three (3) years following
closing as provided in Section 3 hereof, provide, obtain or
establish a reasonably direct route and means of travel
between the subject real property and the proposed county
park commonly known as the Duveneck property for pedestrian
and equestrian traffic, and, should Buyer fail to perform
this condition within said period, then any and all options
granted Buyer pursuant to section 8 hereof, which are then
unexercised, shall expire and be of no further force or
effect.
SELLER:
THE NA RE thDi CONSERVANCY on-profit
N t R of S r c o/xF n-pria
By � 41
l /�l^1/lIII� Its President
( Yc._F 1.t17
Assistant Secretary BUYER:
I. TOWN OP�, e LOS
-_ALTOSS HILLS
By /ryF /
ammICy .,
Mayor
and //�� .�+ p /
By AC ,,„:. z:7 1��i-f;n.
City Clerk
16. Buyer agrees to name the real property described ft .
in Exhibit A hereto the "Albert Barnitz Byrne Park."LDS AL-ro et.EALII.
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1.411.1.3 no
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EXHIBIT A
All that certain real property situate in the Town of
Los Altos Hills , County of Santa Clara , State of California ,
described as follows:
Lots 60 and 61 , as said lots are shown on the map
entitled ' Map of the Subdivision of Lot 2 and a Part of
Lot 1 in the Taaffe Partition in the La Purlssima Con-
cepcion ," recorded in Book H of Maps , pages 76 and 77 , in
the office of the recorder of said County.
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EXHIBIT B
CONDITIONS SUBSEQUENT AND REVERTER CLAUSE
"To have and to hold the property, its incidents and
appurtenances , unto said Town of Los Altos Hills , its
successors and assigns forever; subject to the following
conditions subsequent:
"1. That the property shall be held in trust for
park and open space purposes on behalf of the public .
"2 . That the development of the property shall be
limited to development for public park and open space
purposes; provided that the Town of Los Altos Hills may
grant concessions , franchises , easements and leases upon
said property for purposes consistent with the use and
preservation thereof for public park and open space purposes .
"Upon the breach of any of the conditions specified
above , The Nature Conservancy , its successors and assigns ,
or any one or more of them , may declare the forfeiture of
that portion of the property directly affected by the
breach , and may reenter and take possession of that portion
of the property , and all right , title and interest of the
Town or its successors in and to so much of the property
as to which forfeiture shall have been declared and reentry
effected , shall thereupon immediately vest in The Nature
Conservancy , its successors and assigns .
"Forbearance to take advantage of any breach of said
conditions subsequent shall not constitute or be construed
as a waiver by The Nature Conservancy of its rights by reason
of such or any subsequent breach ."
ieturn to: [) f ^�
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Los Altos Hills , Calif. GIFT DEED J` at +a
31 - Ca�ris -
it . 3
TF RYNE DE ZAHARA, —
WHEREAS, BETTY BYRNE, apse-�kno-wt�$�TY—B
Grantor, desires to make a gift of real property to the City of E
Town of Los Altos Hills, California, a Municipal Corporation,
1.4
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`Y'Grantee; `,'V
NOW, THEREFORE, subject to the conditions hereinafter stated,
Grantor conveys to Grantee , all of her right, title and interest
in And to the property attached hereto as Exhibit A and by reference
herein made a part hereof. y
The property described on Exhibit A attached hereto is - 2:_____ .
conveyed to and accepted by Grantee for park purposes, the same to If
be established and maintained as a park for the use and benefit of
the public and the people of the City of Town of Los Altos Hills.
This grant is made on the condition that Grantor her heirs ,
successors or assigns shall have the right of free and unlimited
access to the property conveyed herein from her �remaining lands.n
Jfci LI T1Jth,L)Lir 2Cdit.a. .0)--
ett yxne e a ara
Dated: December 18, 1968
3545425
— — se�UBuc CT IRELAND 838 i — 2 O
Individual) COUNTY Of THE Citt Of DUBLIN !fu BOCK
31'+4;64F6kbffeg4114+4—•.Nenssa of THE UNITEDs*�TES OF AMERIA)
} SS.
COFxxeF- J Vice Consul of the United
on Decemb r 1 8 mY t nP761917—wau1E.a.=>d�E —
State,$ ov 11y I A appeared al, DuU1 1, SY7�1 18,dersigned, a
Betty Byrne De Zahara
. T a
a' k to me
� 5"
IP be d. person _whose name_ suL.os u.d / p' .
We . . ..,,n '''i\' . i.�:'f,
i
B fi30 fegt521
, Altos Hills for a distance of 430.01 feet to the southeasterly
corner thereof in the southerly line of said Lot 2; thence
yyg)J north 86° 30' east along last mentioned line 147.37 feet to
the point of beginning.
I 1trt __�
3': - IJ To have and to hold the property, its incidents and appurtenances.
17, - I unto said Town of Los Altos Hills, its successors and assigns forever;
1 13
Isubject tothe following conditions subsequent:
{{ff That the property shall be held in trust for parkandopen space purposes
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yi .r-1"4---
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-stdon behalf of the public.
-
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. That the development of the property shall be limited to development i
t for public park and open apace purposes, provided that the Town of Los
• j Altos Hills maygrant concessions, franchises. easements and leases upon
Isaid property for purposes consistent with the use and preservation thereof
; I - for public park and open space purposes.
Upon the breach of any of the conditions specified above, The Nature !;I
:,, I Conservancy, its successors and assigns, or any one or more of them, may
I""`} declare the forfeiture of that portion of the property directly affected by
1+ the breach, and may re-enter and take possession of that portion of the
3 + properly, and all right, title and interest of the Town or its successors in
,us!a I and to so much of the property as to which forfeiture shall have been declared
i
: j and re-entry effected, shall thereupon immediately vest in The Nature Con-
..; servancy, its successors and assigns.
« { Forbearance to take advantage of any breach of said conditions
oy#5i
�$f subsequent shall not constitute or be construed as a waiver by The Nature -
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Conservancy of its rights by reason of such or any subsequent breach.
d:rr" j1
As part consideration for this deed and by acceptance
thereof the Grantee agrees to erect and maintain a permanent -
I
maicdt • plaque or other appropriate marker at a prominent location on
I�1(�+f � the within described premises bearing the following statement:
ss ' "This area was acquired with the assistance of The Nature
4.Yfx Conservancy
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B 630 01.)522
IN WITNESS WHEREOF, said corporation has executed these presents
1
Wit'+• by its officers thereunto duly authorized, this 25th day of July, I
.t.o - 1975.
LF .4
aW THP. NATURE CONSERVANCY - -
j , E. iK,.r..-��.,F^vG a ,a b. Jo RuushIts Executive V President
B ��..
1—� =•a-'.- a' 17 _.-I r. .G. Treur g :i.
„3y....e S,_ 'g - Resistant secretary t
STATE OF VIRGINIA ) �.
bS.
'eI COUNTY OF ARLINGTON)
I, Tamra Peters, a Notary Public duly authorized in the STete 1
♦ t of Virginia at large, do hereby certify that on this day personally (I
appeared before me G. Jon Roush and Richard G. Traurig, who have
executed the foregoing writing as Executive Vice President and
._. Assistant Secretary, respectively, of The Nature Conservancy, and
11 acknowledged to me that they executed the same as sucb,oftdcei - i
1. -{1 _ in the name of and for and on behalf of the said Corporation ,
J IN WITNESS WHEREOF I have hereunto setmy hand-a 1seal With
',47.-41 25th day of July, 1975 ��''11 ,
I
7 My Comn1Rsion Expires: 0.,„„„1,6,. Il .
{ji December 4, 1978 Tamta Peters NOTARY,Pngb C
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Y RESOLUTION NO.898 B 60O ncr523
A RESOLUTION ORDERIIGG EORDATIINN HERO DEED
AND ORDERING RECORDATION THEREOF
BE IT RESOLVED AS FOLLOWS: f
fr That a certain Corporation Grant Deed executed on behalf of THE `
NATURE CONSERVANCY, a non-profit corporation, in which Deed the Town
-i of Los Altos Hills, a political subdivision of the State of California,
u.s is named as Grantee, be and the same is hereby accepted, and the City
Clerk of the Town of Los Altos Hills be and he hereby is directed and
i
.., ordered to cause said Deed to be recorded in the Office of the Recorder �
of the County of Santa Clara, State of California. i
•
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.. J . . .
I I HEREBY CERTIFY that the foregoing Resolution was passed and I
,,
adopted at a regular meeting of the City Council of the Town of
4rzItLos Altos Hills held on the -20th day of August , 1975.-
I
.� tqH Mark
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2L3-
,n4�4- �`-I r ., that fc tWinaanaas F
` 6 neva r,.u TMu,' nf Teo; Alun H+11 , a eneral law city recorded
on
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V . (1111)
_ us 24-68U 4445 * 27.50
nor 8090 r,.0• ��43
i -
• 3404445
a
7RA.VSF•M TAX Are
Space above this Line for Recorder's Use
ESCROW # 314736
Assessment # Hook H, pages 66 and 67
- CORPORATION GRANT DEED
•
FOR VALUE RECEIVED, THE NATURE CONSERVANCY a non-profit
`.I corporation incorporated under the laws of District of
Columbia, hereby grants to TOWN OF LOS ALTOS HILLS, a general
I law city incorporated and existing under the laws of the State
of California, all that real property situated in the County
of Santa Clara, State of California (hereinafter referred to
as the "property"), described as follows:
Lots 60 and 61, as said lots are shown on the map entitled
j Map of the Subdivision of Lot 2 and a part of Lot 1
in Taafe Partition in the La rurisima Concepcion,"
recorded in Book H of maps, pages 66 and 67, in the
Office of the Recorder of said County.
I
"- To have and to hold the property, its incidents and
appurtenances, unto said Town of Los Altos Hills, its
successors and assigns forever; subject to the following
conditions subsequent;
1. That the property shall be held in trust for park
and open apace purposes -on behalf of the public.
2. That the development of the property shall be limited
to development for public park and open space purposes, pro •
-
1 vided that the To of Los Altos Hills may grant concessions,
franchises, easements and leases upon said property for r
•
purposes consistent with the use and preservation thereof for
public park and open space purposes.
Upon the breach of any of the conditions specified above, '
R
The Nature Conservancy, its successors and assigns, or any one
.7]00 550 W
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Miiill (vapib
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LBtor8099 OU 44
`(f°A or more of them, may declare the forfeiture of that
portion
} -1i of the property directlyaffected by the breach, and may •
reenter and take possession of that portion of the property, +
''
La and all right, title and interest of the Town or its
!fl'.>t call*, 4., I successors in and to so much of the property as to which '
" _:=3-1‘22. .-; forfeiture shallhave-been declared and reentry effected, feg
.ty{dy�* gns shall thereupon dfately vest in The Nature Conservancy, ' M^
.1.' its successors and assigns I.
r rs t v .
Forbearance to°4kea"adventage of any breach of said `q
Wt.
, 1 conditions subsequent shall not constitute or be construed
r° 10n xa , I as a waiver by The Nature Conservancy of its rights by reason '
' of such of any subsequent.breach, f
{`�°f ,) + ?, I IN WITNESS WHEREOF said corporation has executed these i
# 1 presents by its officers thereunto duly authorized, this
i ^Cbl 1 S I� 45 `'" day of March 1968. y [{Q
ft
- tmN.C..?' f+3iski} I. •+''..°P, --. -THE NATURE CONHPJIVANCY
f:
+I 'iBY PreaJ. ant rf
S dRp gA11 ��:. Tittle Thomas W. Richards
J , 1• By seczekary •r. :.�,..r...`� °
tt A'y T ,n7 Title gltin§ prnOld . 4
,nA�µW �+et' t6
t ?r}} IJf f �1A �LEBCNQ7I) i t
t , ' District of colnmbia)..
t; St ' 1 1. City o4 Washin ton 59t n A+�
9 . i
b r r' - r trio
la r r c r� AM141t $` me
,t
yf & 7nthins-- 5te dry f 1�1awc bk in the year le bef , O �S t it°$
...44k,„ y'ST t I` a' \ 1 1ylyyLi'.- Notary Publi 1 and for said County and State:personally appeared ,�' lk5 '
It }, rt rl.ny�i c" n ,�' E19 ,�i q, ,.eld known to me to be the
,a,f H'ad TiC',.-� A R S iarr_�. e sA.,l 1
i». s t t of thecorporation described in and' that executed thb within instrument and also know o ew
u.,4. ;gat. tobe the pore ny who executed the within instrument on behalf of the corporation therein named,
;"sec e and acknowledged to a that such corporation
a by-laws orr olut3 n of its Board of Directors.�� the within instrument pursuant to !ta
$
"{n + y W.L. ■ 4448 tiiyp�Wfl F I havehereunto set my hand and affixed
f fcy .ji and yearylti this c ;esteabovewrittrn my official Seel tha tlay 1
1
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eak ( {x�rtf.(SrAe) afrni.a,4. :�slx.a bt lvl' �`rflKin ttl�.a., !(�lM,
A�< {'y PU t NI R >if �>k' Notary Public - { �rb ,
+ 4i 5tr _ ` s ar.y In and f r said District of Columbia �1 ''
E r { T:T ai 11 r e rr s' > b . 1 r5 c e9t -41+ 4 . "7"''4"x" ;, 1 T
fe a>^n et nccea�p ta.r,. 7'rs nw
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Fri b r ✓ rt 5... ' � t r . . u ' �« � " § as.a k 77.:X4•41:2-171,i A4tr •C i' e g.—y- + ;rwy ' i s3FT• E?tr°( aE
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Ln$ACTps 9OGf 8099 PALE 45 y
$aeaer..vor,nos.-a.aat ?A � s Ii
s J�fA w.alta
..m-...,, \carrarnin a,
City Clerk
I
March 14, 1968
I'ir .
■ z , lids Insurance & Trutt Co.
8 168 Rain Street
Loa Altos, California 94022
et I Ii
PL.':
Gentlemen: N
SD#
�' .,Ts THEE CIT FCOI1 TRE TDO OF
THE CITY COUNCIL MSEDINO DATED January 2, 1968
iTc : Byrne Property_Salto Agreement -
4
y
4r1 S NOTI0.V AND SDCOND: Councilman Davey moved, Seconded by Councilman Benson,
that the Sales Agreement between The Nature Conservancy and the Town
•
of Los Altos Hills be executed.
L -
The Motion was carried by the following roll cell vote: ri '
f.,.....:;: 1
Ayee: Councilmen Aiken, Henson, Davey, Fowls, Mayor 'eenley 2: !�'
Noes: None
Absent: None �'
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1 Byrne,
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.I 'f,.wn of Los Altos Hills 510'7999
i / 28379 Fremont Road No Revenue Stamp. required
Los Altos Hills, Ca. 99022 ff r�
r y v;� L 630 ?Act520
! S30 [1;620M „m�fa N/It n9ar,r n,
) e Insurance and Trust Company
SEP 251975 new I
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;£ NO FEE
CORPORATION GRANT DEED
^!.. ii. FOR VALUE RECEIVED, THE NATURE CONSERVANCY, a non-
7 profit corporation, incorporated under the laws of the District of Columbia,
1 hereby grants to TOWN OF LOS ALTOS HILLS, a
general law city, incor-
$r
yj $ paroled and existing under the laws of the State of California. all that
real vs Aw•ty situated in the City of Town of Los Altos Hills, County of
Santa Clara, State of California (hereinafter referred to as the "property"),
Pr petty") i
a-y,{ described as follows: t
rcr'a
-rt All of Lot l., said lot is shown upon that map entitled,
"Map of the Subdivision of Lot 2 and Part of Lc: 1 in the
.I
Taaffe Partition in the La Puriaelma Concepcion which
sr map was fled for record in the Office of the Recorder of
the County of Santa Clara, State of California on Jane 25,
' 1894 in Book H of Maps. at Pages 76 and 77.,
And
1I ! A portion of Lot 2, as said lot is shown upon that certain map
- t entitled, Map of the Subdivision of Lot 2 and Part of Lot I
in the Taaffe Partition in the La Purissima Concepcion",
a map was filed for record in the Office of the Recorder of the
r tt County of Santa Clara, State of California on June 25, 1894 in
ter: 7 Book H of Maps, at pages 76 and 77, and more particularly des-
w' I �� des-
cribed as follows:
I`' Lc_ d Beginning at the southeasterly corner of said Lot 2 in the center
- rc line of Altamont Road, formerly Matte Avenue, as said Avenue
is shown upon the map above referred to; thence from said
°I-C:11 < point of beginning north 030 25' west along the canto[ line of 1
Pen
Altamont Road 238.91 feet to the northeasterly corner of said i.
Lot 2; thence north 490 45' west along the center line of said
a Altamont Road 225.72 feet; thence north 54° 4W west end contin-
',`..'�` ing along the center line of Altamont Road 48.48 feet to the north-
• [ ea terly corner of that certain partel et land described In the
Z/10,•:4 Deed to Town of Lar Altos Hills. law
. .ya genera! city recorded on
January 4. :974 in Bock 0713 Official Reco d at page 730
Santa Clara County Records; thence south 10° 20' east along t,
r""'- easterly line of lands described the Deed tosaid Town of Li
tr. i
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