HomeMy WebLinkAboutAgr 2021-07-01 (Hooper Family Trust)PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of
11 , 2021 (the "Effective Date"), by and between Christopher Hooper, Trustee
and Ah Hooper, Trustee of the Hooper Family Trust Dated October 12, 2017 (collectively,
"Seller"), and the Town of Tiburon, a municipal corporation ("Purchaser"). Seller and
Purchaser may be referred to collectively below as "Parties".
RECITALS
A. Seller is the owner of the land and improvements thereon, located at 40 Del Mar
Drive Tiburon California 94920, APN 055-211-31, as more specifically described on Exhibit A
(the "Property").
B. Purchaser desires to purchase from Seller for the benefit of Pacific Gas & Electric
Company, a California corporation ("PG&E"), and Seller desires to convey to PG&E a non-
exclusive permanent easement ("Easement") on, over and across the approximately 13,175
square foot portion of the Property adjacent to Delmar Drive, which area is more specifically
described on Exhibit B ("Easement Area"), for the purpose of undergrounding existing
overhead utilities as part of the Hawthorne Utility Undergrounding District Project ("Project").
C. On March 12, 2021, Purchaser sent Seller's predecessor -in -interest an offer to
purchase the Easement pursuant to Government Code section 7627.2(a).
NOW, THEREFORE, in consideration of the foregoing recitals and the representations,
warranties, agreements, covenants and conditions herein contained, and other good and valuable
consideration, Seller- and Purchaser hereby agree as follows:
AGREEMENT
1. Sale and Purchase of Easement Area. Seller agrees to sell to Purchaser and
convey the Easement to PG&E, and Purchaser agrees to purchase the Easement from Seller on
the terms and conditions set forth herein.
2. Purchase Price. As compensation for the easement, the Purchaser agrees to
resurface the entire width of the asphalt on Del Mar Drive, including smooth transitions to the
driveways along Del Mar Drive and the intersection with Rock Hill Road.
3. Conveyance of Easement. Within five (5) days of execution of this Agreement,
Seller shall execute, acknowledgewhere appropriate, and deliver to Purchaser at the address
provided in Paragraph 11 below each of the following instruments and documents:
(a) The Non -Foreign Transferor Declaration in the form of Exhibit C,-
(b)
;
(b) The Easement Deed in the form of Exhibit D ("Easement Deed"); and
(c) Such other documents or instruments as may reasonably be required of
Seller to effect the transactions contemplated in this Agreement.
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Purchaser shall promptly upon receipt of such documents execute, acknowledge
and record the Grant of Easement.
4. Use of the Easement Area and Facilities.
(a) PG&E shall have the right, pursuant to the Easement Deed, from
time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size),
remove, maintain, inspect and use facilities of the type hereinafter specified, together with a right
of way therefor, within the Easement Area as hereinafter set forth, and also ingress thereto and
egress therefrom, over and across the lands of Seller, and PG&E shall repair, replace, and/or
maintain to Seller's reasonable satisfaction in a commercially reasonable time and in a
workmanlike manner any portion of the Easement Area that are damaged by PG&E's use.
(b) Pursuant to the Easement Deed, the facilities and Easement Area shall
include the following: Such underground conduits, pipes, manholes, service boxes, wires,
cables, and electrical conductors; aboveground marker posts, risers, and service pedestals;
underground and aboveground switches, fuses, terminals, and transformers with associated
concrete pads; and fixtures and appurtenances necessary to any and all thereof, as PG&E deems
necessary for the distribution of electric energy and communication purposes (excluding cellular
towers) located within the Easement Area (the "Facilities").
(c) Seller shall grant to PG&E, pursuant to the Easement Deed, the right, from
time to time, to trim or to cut down, without Purchaser paying compensation, any and all trees
and brush now or hereafter within said Easement Area, and shall grant the further right, from
time to time, to trim and cut down trees and brush along each side of the Easement Area which
now or hereafter in the opinion of PG&E may interfere with or be a hazard to the Facilities
installed hereunder, or as PG&E deems necessary to comply with applicable state or federal
regulations. In the event PG&E shall perform any work or make any excavation on said lands
pursuant to this grant, PG&E shall restore said lands as nearly as practicable to their condition
prior to such excavation including, without limiting the generality of the foregoing, pavement,
sidewalks, lawns and shrubs.
(d) Seller shall grant to PG&E, pursuant to the Easement Deed, the right to
use such portion of Seller's lands contiguous to the Easement Area as may be reasonably
necessary in connection with the excavation, constriction, reconstruction, replacement, removal,
maintenance and inspection of the Facilities. PG&E shall construct said facilities and perforin
such repairs in a good and workmanlike manner, in conformance with any and all applicable
federal, state, county or municipal laws, rules and regulations. PG&E agrees to maintain the
facilities and its use of the easement area in connection therewith, in a clean and safe condition,
free and clear of all debris.
(e) Seller covenants and agrees, pursuant to the Easement Deed, not to place
or construct, nor allow a third party to place or construct, any building or other structure, or store
flammable substances, or drill or operate any well, or construct any reservoir or other obstruction
within the Easement Area, or diminish or substantially add to the ground level within said
Easement Area, or construct any fences that will interfere with the maintenance and operation of
the Facilities within the Easement Area.
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(f) Seller shall further grant to PG&E, pursuant to the Easement Deed, the
right to apportion to another public utility or cable television corporation (as defined in Section
216 and 216.4 of the California Public Utilities Code) the right to construct, reconstruct, replace,
remove, maintain, inspect, and use the communications facilities within Easement Area
including ingress thereto and egress therefrom.
(g) If Seller finds that a change in the location of the Easement is necessary,
Seller shall first grant PG&E a suitable new easement acceptable to the PG&E and Purchaser,
and Seller shall pay the full costs of relocating the Easement and the Facilities located within the
Easement Area.
5. Seller's Waiver of Property Rights and Interests.
(a) Upon receipt by Seller of the Purchase Price, Seller for itself and for its
agents, successors and assigns fully releases, acquits and discharges Purchaser and its officers,
officials, council members, employees, attorneys, accountants, insurers, and agents, and all
entities, boards, commissions, and bodies related to any of them from all claims that Seller, its
agents, successors and assigns has or may have arising out of or related to Purchaser's
acquisition of the Easement Area including, without limitation, all of Seller's property rights and
interests in the Easement Area, including but not limited to (i) any improvements, including
improvements pertaining to the realty, furniture, fixture, and equipment, (ii) business goodwill
and lost income (past or future) relating to the Property, (iii) relocation benefits, (iv) severance
damages, (v) economic or consequential damages, (vi) professional consultant fees and
attorney's fees and costs, and (vii) all other costs, and any and all compensable interests, and/or
damages, and/or claims, of any kind and nature, claimed or suffered, by Seller, its agents,
successors and assigns by reason of Purchaser's acquisition of the Easement Area.
In connection with this Paragraph 5, Seller expressly waives all rights
under California Civil Code Section 1542, which provides that:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
(Seller's Initials) [ CTH
6. Seller acknowledges that Purchaser is relying on Seller's representation and
warranty that Purchaser has not executed any leases, tenancies, subleases, or occupancy
agreements affecting the Easement Area ("Seller's Occupancy Representation"). In the event
that Seller's Occupancy Representation is untrue, then without limiting Purchaser's recourse for
Seller's breach of Seller's Occupancy Representation, if any tenants or occupants shall be
entitled to relocation benefits, Seller shall have the sole and exclusive responsibility for
providing all such relocation benefits and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations and satisfying all claims of such parties.
Seller hereby agrees to indemnify, defend, protect and hold the Town of Tiburon and its officers,
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officials, council members, employees, attorneys, accountants, insurers, and agents, and all
entities, boards, commissions, and bodies related to any of them, harmless from and against any
claims arising out of its breach of the Seller's Occupancy Representation,
7. Warranties, Representations, and Covenants of Seller. Except as expressly set
forth and disclosed in the Property Documents, Seller hereby warrants, represents, and/or
covenants to Purchaser that:
(a) Pending Claims. To the best of Seller's knowledge, there are no actions,
suits, claims, legal proceedings, or any other proceedings affecting the Easement Area or any
portion thereof, at law, or in equity before any court or governmental agency.
(b) Seller's Title. Seller shall not intentionally do anything which would
impair Seller's title to the Easement Area without Purchaser's prior written consent, which
consent may be withheld in Purchaser's sole and absolute discretion.
(c) Authority. To the best of Seller's knowledge and except as otherwise
noted in the title report for 40 Del Mar Drive dated [ ] or with respect to unrecorded easements,
encumbrances, or other agreements, covenants, conditions, or restrictions, Seller is the owner of
and has the full right, power, and authority to sell to Purchaser and convey and grant to PG&E
the Easement Area as provided herein and to carry out Seller's obligations hereunder.
(d) Condition of Easement Area. To the best of Seller's knowledge, there are
no substances, materials or conditions on the Easement Area that qualify as a Hazardous
Material (as defined below) or otherwise violate any Environmental Law (as defined below).
For the purposes of this Agreement, the following items have the following meanings:
(i) "Environmental Law" means any law, statute, ordinance or
regulation pertaining to health, industrial hygiene or the environment including, without
limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act
of 1980) and RCRA (Resources Conservation and Recovery Act of 1976).
(ii) "Hazardous Material" means any substance, material or waste
which is or becomes designated, classified or regulated as being "toxic" or "hazardous" or a
"pollutant" or which is or becomes similarly designated, classified or regulated, under any
Environmental Law, including asbestos, petroleum and petroleum products.
To the extent that Purchaser discovers Hazardous Materials on or under the Easement Area
subsequent to conveyance of the Easement pursuant to Paragraph 3 above ("Conveyance"), the
Parties understand and agree that Purchaser shall have no responsibility for environmental
remediation. Seller's covenant set forth in this Paragraph 6 shall survive the Conveyance.
8. Warranties, Representations, and Covenants of Purchaser. Purchaser hereby
represents, warrants and covenants to Seller that Purchaser has all requisite power and authority
to execute and deliver this Agreement and to consummate the transactions contemplated hereby
pursuant to the terms and conditions hereof. Purchaser's covenant set forth in this Paragraph 7
shall survive the Conveyance.
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9. Expenses. Each Party agrees to pay its own expenses (including the fees and
expenses of its own attorneys, accountants and other advisers) in connection with negotiating this
Agreement. Purchaser shall pay the full cost of any related agreements, obtaining any required
approvals and otherwise preparing for the Conveyance, including transfer taxes. The Parties
agree to cooperate with one another to prepare and file, or cause to be prepared and filed, with
the relevant governmental authorities all transfer tax returns, affidavits and other similar
instruments, if any, required in connection with the payment of the foregoing expenses. The
provisions of this Paragraph 7 shall survive the Conveyance.
10. Seller's Indemnification. Seller hereby agrees to indemnify, hold harmless and
defend Purchaser from and against any and all demands, losses, damages, claims, costs and
expenses and any other liability whatsoever, including, without limitation, reasonable
accountants' and attorneys' fees, charges and costs (i) incurred by Purchaser by reason of
Seller's breach of any covenants, representations or warranties of Seller contained in this
Agreement or (ii) relating to or arising from Seller's ownership, management or use of the
Easement Area prior to the Conveyance. Seller's obligations set forth in this Paragraph 9 shall
survive the Conveyance.
11. Purchaser's Indemnification. Purchaser hereby agrees to indemnify, hold
harmless and defend Seller from and against all losses, damages, claims, costs and expenses and
any other liability whatsoever, including, without limitation, reasonable accountants' and
attorneys' fees, charges and costs (i) incurred by Seller by reason of Purchaser's breach of any
covenants, representations and warranties of Purchaser contained in this Agreement; provided,
however, this covenant shall not apply in those instances where such losses, damages, claims,
costs and expenses and any other liabilities are caused by the negligence of Seller. Purchaser's
obligations set forth in this Paragraph 10 shall survive the Conveyance.
12. Notices. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered, sent by fax or email, reputable overnight
courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall
be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the
address of the person to receive such notice; (ii) if mailed, three (3) business days after the date
of posting by the United States post office; or (iii) if delivered by Federal Express or other
overnight courier for next business day delivery, the next business day; or (iv) if sent by
facsimile or email, with the original sent on the same day by overnight courier, the date on which
the facsimile or email is received, provided it is before 5:00 P.M. Pacific Time. Notice of
change of address shall be given by written notice in the manner described in this Paragraph 11.
Rejection or other refusal to accept or the inability to deliver because of a change in address of
which no notice was given shall be deemed to constitute receipt of the notice, demand, request or
communication sent. Unless changed in accordance herewith, the addresses for notices given
pursuant to this Agreement shall be as follows:
If to Seller: The Hooper Family Trust
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Christopher and Act Hooper, Trustees
40 Del Mar Drive
Tiburon, CA 94920
Telephone: (917) 575-1033
Email: christoper.hooperLa,gmail.com
aethooper(a,gmai 1. com
with a copy to: Arthur Merison
Goldstein, Gellman, Melbostad, Harris & McSparran, LLP
1338 Sutter Street, Suite 1000
San Francisco, CA 94109-5494
Telephone: (415)673-5600
Email: ameirson@g3mh.com
If to Purchaser: Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Attention: Town Manager
Telephone: (415) 435-7373
Facsimile: (415) 435-2438
Email: gchanis@townoftiburon.org
with a copy to: Burke, Williams & Sorensen, LLP
181 Third Street, Suite 200
San Rafael, CA 94901
Attention: Benjamin Stock, Esq.
Telephone: (415) 755-2600
Facsimile: (415) 482-7542
Email: bstock@bwslaw.com
13. Miscellaneous.
(a) Entire Agreement. This Agreement contains all of the covenants,
conditions and agreements between the Parties and shall supersede all prior correspondence,
agreements and understandings, both oral and written.
(b) Attorneys' Fees. Should either party employ attorneys to enforce any of
the provisions hereof or to protect its interest in any manner arising under this Agreement, or to
recover damages for breach of this Agreement, or to enforce any judgment relating to this
Agreement and the transaction contemplated hereby, the prevailing party shall be entitled to
reasonable attorneys' fees and costs.
(c) Governing Law. This Agreement shall be governed in all respects by and
construed in accordance with the laws of the State of California.
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SF #4851-7877-6298 vl
(d) Further Assurances. Seller or Purchaser shall promptly perform, execute
and deliver or cause to be performed, executed and/or delivered at or after the Conveyance any
and all acts, deeds and assurances as either Party may reasonably require in order to carry out the
intent and purpose of this Agreement.
(e) Counterparts; Electronic copies. This Agreement may be executed in one
or more counterparts, and all the counterparts shall constitute one and the same agreement. Duly
executed counterparts of this Agreement delivered by email or fax shall be deemed originals for
all purposes.
(f) Nonwaiver. No delay or omission in the exercise of any right or remedy
accruing to Seller or Purchaser upon any breach under this Agreement shall impair such right or
remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The
waiver by Seller or Purchaser of any breach of any term, covenant or condition herein stated
shall not be deemed to be a waiver of any other term, covenant or condition.
(g) Captions. Paragraph titles or captions contained herein are inserted as a
matter of convenience and for reference, and in no way define, limit, extent or describe the scope
of this Agreement.
(h) Brokers. The Parties represent and warrant to each other that no broker or
finder was instrumental in arranging or bringing about this transaction and that there are no
claims or rights for brokerage commissions or finder's fees in connection with the transactions
contemplated by this Agreement. If any person brings a claim for a commission or finder's fee
based upon any contact, dealings or communication with Purchaser or Seller, then the party
through whom such person makes his claim shall defend the other party (the "Indemnified
Party") from such claim, and shall indemnify the Indemnified Party and hold the Indemnified
Party harmless from any and all costs, damages, claims, liabilities or expenses (including,
without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified
Party in defending against the claim. The provisions of this Paragraph 12(h) shall survive the
Conveyance or, if the purchase and sale is not consummated, any termination of this Agreement.
(i) Survival. Any covenants, agreements, and indemnifications that this
Agreement does not require to be frilly performed prior to the Conveyance shall survive the
Conveyance and shall be fully enforceable after the Conveyance in accordance with their terms.
0) Time of Essence. Time is of the essence of each provision of this
Agreement.
(k) Drafts Not An Offer. The Parties agree that the submission of a draft of
this Agreement by one Party to another is not intended by either Party to be an offer to enter into
a legally binding contract with respect to the purchase and sale of the Property pursuant to the
terms of this Agreement. The parties shall be legally bound with respect to the purchase and sale
of the Easement Area pursuant to the terms of this Agreement only if (i) Seller and the Town
Manager of Tiburon (on behalf of Purchaser) have fully executed and delivered to each other a
counterpart of this Agreement, and (ii) the Town Council of Tiburon has approved this
Agreement at a public meeting by adoption of a resolution or minute action Seller agrees that
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SF #4851-7877-6298 v1
this offer shall be not be revoked for a period of thirty (30) days following presentation to
Purchaser by Seller.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
[SIGNATURES ON FOLLOWING PAGE]
E'?
SF #4851-7877-6298 v
SELLER:
Christopher Hooper, Trustee and Aet Hooper,
Trustee of The Hooper Family Trust Dated
Act Hooper, Trustee
PURCHASER:
Town of Tiburon
ATTEST:
? By:
By: ' 1ld�
Lea Slefdhi, Town Clerk
APPROVED AS TO FORM:
/ � 1
cG
Benjamin Stock, Town Attorney
SF #4851-7877-6298 vl
ed
Town Manager
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the Town of Tiburon, County of Marin, State of California, described as follows:
PARCEL ONE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF A 6 -FOOT ROAD EASEMENT, SAID POINT
BEING THE MOST SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED BY
THE DEED EXECUTED BY MARSHALL B. FIGARI, ET UX, TO FRED H. FIDLER, ET UX, RECORDED
JULY 3, 1959, IN BOOK 1292 OF OFFICIAL RECORDS AT PAGE 114, MARIN COUNTY RECORDS;
THENCE ALONG THE COMMON BOUNDARY OF SAID 60 -FOOT ROAD AND SAID LAND CONVEYED TO
FIDLER ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 310 24' EAST WITH A RADIUS
OF 100 FEET THROUGH A CENTRAL ANGLE OF 380 54' FOR AN ARC DISTANCE OF 67.893 FEET TO
A POINT OF REVERSE CURVATURE; THENCE ON A CURVE TO THE LEFT WHOSE CENTER BEARS
NORTH 70 30' EAST WITH A RADIUS OF 40 FEET THROUGH A CENTRAL ANGLE OF 970 30' FOR AN
ARC DISTANCE OF 68.068 FEET; THENCE ON A CURVE TO THE LEFT WHOSE CENTER BEARS
SOUTH 900 00' WEST WITH A RADIUS OF 470 FEET THROUGH A CENTRAL ANGLE OF 40 29' 30"
FOR AN ARC DISTANCE OF 36.845 FEET; THENCE LEAVING SAID COMMON BOUNDARY LINE OF
SAID 60 -FOOT ROAD AND SAID LANDS CONVEYED TO FIDLER AND RUNNING ALONG THE
NORTHEASTERLY BOUNDARY OF THE LANDS CONVEYED TO MARSHALL B. FIGARI, ET UX, TO
FIDLER REFERRED TO ABOVE AND THE NORTHEASTERLY BOUNDARY LINE OF THE LANDS
CONVEYED TO WESLEY W. BERK, ET UX, RECORDED MARY 3, 1960, IN BOOK 1364 OF OFFICIAL
RECORDS AT PAGE 299, MARIN COUNTY RECORDS, AND TO FRED T. REUSCHE, ET UX, RECORDED
SEPTEMBER 21, 1960, IN BOOK 1400 OF OFFICIAL RECORDS AT PAGE 357, MARIN COUNTY
RECORDS, NORTH 31° 24' WEST 234.193 FEET TO THE MOST NORTHERLY CORNER OF SAID
LANDS CONVEYED TO REUSCHE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LANDS
CONVEYED TO REUSCHE SOUTH 460 42'40" WEST 143.07 FEET TO THE INTERSECTION WITH THE
NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED EXECUTED
BY MARIN TITLE GUARANTY COMPANY, A CORPORATION, TO C. DUDLEY DE VALHISS COMPANY, A
CORPORATION, RECORDED AUGUST 25, 1952, IN BOOK 760 OF OFFICIAL RECORDS AT PAGE 116,
MARIN COUNTY RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LANDS
CONVEYED TO THE C. DUDLEY DE VALHISS COMPANY NORTH 310 24' WEST 150 FEET TO THE
MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY STELLA M. FRASER
TO MARSHALL B. FIGARI, ET UX., RECORDED FEBRUARY 2, 1955, IN BOOK 918 OF OFFICIAL
RECORDS AT PAGE 256, MARIN COUNTY RECORDS; THENCE LEAVING SAID NORTHEASTERLY LINE
OF THE LANDS CONVEYED TO THE C. DUDLEY DE VALHISS COMPANY NORTH 720 38' EAST 82.46
FEET; THENCE NORTH 481 17'50" EAST 111.803 FEET; THENCE SOUTH 310 24' EAST 388.654;
THENCE SOUTH 860 20'02" WEST 30 FEET; THENCE ON A CURVE TO THE RIGHT WHOSE CENTER
BEARS SOUTH 860 20'02" WEST WITH A RADIUS OF 500 FEET THROUGH A CENTRAL ANGLE OF 30
39'58" AN ARC DISTANCE OF 31.993 FEET; THENCE ON A CURVE TO THE RIGHT WHOSE CENTER
BEARS SOUTH 900 WEST WITH A RADIUS OF 70 FEET THROUGH A CENTRAL ANGLE OF 970 30' AN
ARC DISTANCE OF 119.119 FEET; THENCE ON A CURVE TO THE LEFT WHOSE CENTER BEARS
SOUTH 70 30' WEST WITH A RADIUS OF 70 FEET THROUGH A CENTRAL ANGLE OF 380 54' AN ARC
DISTANCE OF 47.525; THENCE NORTH 310 24' WEST 30 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING:
ALL THAT PORTION OF LAND DESCRIBED HEREIN ABOVE LYING WITHIN PARCEL B, AS SAID
PARCEL IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF PILGRIM HEIGHTS, IN THE
COUNTY OF MARIN, CALIFORNIA, FILED FOR RECORD OCTOBER 3, 1962, IN VOLUME 11 OF MAPS,
AT PAGE 42, MARIN COUNTY RECORDS, AS QUITCLAIMED TO THE CITY OF TIBURON BY AN
INSTRUMENT RECORDED FEBRUARY 10, 1994, INSTRUMENT NO. 94-011482, OFFICIAL RECORDS
MARIN COUNTY.
EXHIBIT A
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SF #4851-7877-6298 vl
SAID PARCEL ONE BEING THE LAND DESCRIBED IN THAT CERTAIN CERTIFICATE OF COMPLIANCE
EXECUTED BY THE TOWN OF TIBURON, A MUNICIPAL CORPORATION, AND FILED IN THE OFFICE
OF THE COUNTY RECORDER ON JANUARY 8, 2010, INSTRUMENT NO. 2010-0001007, OFFICIAL
RECORDS MARIN COUNTY.
EXHIBIT A
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SF #4851-7877-6298 vl
DESCRIPTION OF THE EASEMENT AREA
RANCHO CORTE MADERA DEL PRESIDIO
PG&E EASEMENT
(AREA= 13175fSQFf) A.P.N.
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HOOPER FAMILY TR ST A P N.
Deed Dated November 24, 2020 055-211-15
Doc. No. 2020-059499
Marin County Records
APN. 055-211-31
UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES
Applicant:SCALE
DEL MAR DRIVE, TIBURON
1"=60'
DATE
6/11/2020
SECTION
(NE of NW)
TOWNSHIP
RANGE
MERIDIAN
COUNTY OF: MARIN
CITY OF: TIBURON
F B.: DR.BY: KXIM CH. BY: DAK8
36
(1N)
(6W)
(MDBM)
PLAT MAP VV -3402
REFERENCES 11 M 42; 2010 M 67; 28 OS 72
P G, 191 E
NORTH BAY
I DIVISION
31320249 31320249B
AUTHORIZ DRAWING NO.
EXHIBIT B
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SF #4851-7877-6298 v1
EXHIBIT C
FIRPTA AFFIDAVIT
Section 1445 of the Internal Revenue Code of 1954, as amended ("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 by Christopher Hooper, Trustee and Act Hooper, Trustee of The
Hooper Family Trust Dated October 12, 2017, as Transferor, the undersigned hereby certifies the
following:
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Code and the Income Tax Regulations
promulgated thereunder);
2. The Transferor's U. S. employer identification number or social security number
is .Z SL-93r�
3. The Transferor's office address or mailing address is 40 Del Mar Drive, Tiburon,
CA 94920.
The Transferor understands that this Certification may be disclosed to the Internal
Revenue Service by the Transferee and that any false statement contained herein could be
punished by fine, imprisonment, or both.
Under penalty of perjury the undersigned declares that he/she has examined this
Certification and to the best of his/her knowledge and belief it is true, correct, and complete, and
further declares that he/she has authority to sign this document on behalf of the Transferor.
Date: T� 1 , 2021
SF #4851-7877-6298 v
Christopher Hooper, Trustee and Aet Hooper,
Trustee of The Hooper Family Trust Dated October
12, 2017
EXHIBIT C
13
EXHIBIT D
EASEMENT DEED
EXHIBIT D
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SF #4851-7877-6298 vl