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EXHIBIT 10.18
OPTION AGREEMENT
THIS OPTION AGREEMENT (this "Agreement") made this 2nd day of July,
1998, by and between PIONEER RESOURCES, L.L.C. (hereinafter referred to as
"Seller") and COASTAL FORESTLANDS, LTD. (hereinafter referred to as
"Purchaser");
W I T N E S S E T H:
In consideration of $10 (hereinafter referred to as the "Option
Money"), Seller does hereby grant to Purchaser an option (hereinafter referred
to as the "Option") to purchase portions, up to but not exceeding an aggregate
total of 10,000 acres of land (but excluding the standing timber thereon) over
the entire term of this Agreement, of that tract or parcel of land located in
Mendocino and Sonoma Counties, California, and being more particularly described
in Schedule 1 attached hereto and hereby made a part hereof (the "Property"), on
the following terms and conditions:
1. Purchase Price; Exercise.
(a) The purchase price for the portions of the Property sold
pursuant hereto shall be paid at Closing and shall equal TWO THOUSAND DOLLARS
($2,000) per acre.
(b) Purchaser shall be entitled to exercise the Option as to
portions (up to but not exceeding said limit of 10,000 acres) of the Property up
to twenty-five (25) times, so that there will be no more than twenty-five (25)
separate parcels sold to Purchaser pursuant hereto (each separate parcel may
contain more than one noncontiguous plots, but will always remain one legal
parcel). Each exercise of the Option, if any, shall be made by Purchaser's
giving Seller notice of such exercise on or before the date which is ten (10)
years after the date hereof. Purchaser's notice shall contain a copy of the
survey required pursuant to paragraph 4(b) below and shall specify the portions
of the Property upon which the Option is being exercised. This Agreement shall
expire on the date which is ten (10) years from the date hereof.
2. Conveyances. If the Option is duly exercised, Seller agrees at
the time of closing to convey fee simple title to the portions of the Property
to be sold to Purchaser by grant deed subject to: (a) zoning ordinances
affecting the Property, (b) covenants, easements and restrictions of record, (c)
ad valorem taxes not yet due and payable, (d) all matters of record (subject to
the terms of paragraph 4(c) below), (e) any matters shown by survey or which
would be shown by a current, complete and accurate survey, and (f) any other
matters affecting the Property as of the date hereof, whether or not of record.
In addition, the grant deed to Seller will contain a reservation of the standing
timber on such property sold to Purchaser and restrictions providing that such
property will be used for agricultural purposes only (as vineyards and/or
orchards only), with no residences of any kind to be located on such property.
Furthermore, in the event that the Option is exercised prior to receipt of
agricultural conversion approval of the portion(s) of the Property sold to
Purchaser
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pursuant to such exercise, the grant deed to Purchase as to that portion of the
Property exercised on will contain an additional provision incorporating the
terms of paragraph 3(a) below. At the closing, Purchaser and Seller will enter
into a cutting agreement which provides for Seller's removal of the standing
timber from the portions of the portions of the Property sold to Purchaser
hereunder, which removal will occur within two (2) years from the date of the
closing (unless any timber harvest plans applicable to such property require a
longer period).
3. Use.
(a) Purchaser represents and warrants that it will not
exercise the Option unless it will use the portions of the Property sold to
Purchaser for vineyards and/or orchards. Purchaser acknowledges that Seller
would not agree to grant the Option to Purchaser if the Property would be put to
any use other than vineyards and/or orchards. Seller agrees to cooperate with
Purchaser in taking reasonable actions for the development of such vineyards
and/or orchards provided that Purchaser reimburses Seller for all costs incurred
by Seller in taking such actions. Notwithstanding the foregoing or any other
provision of this Agreement to the contrary, Purchaser will not take or pursue,
and Seller shall have no obligation to take or pursue or to join with or assist
Purchaser in taking or pursuing, any action, plan or program in support of
Purchaser's efforts to convert portions of the Property to agricultural use as
vineyards and/or orchards if Seller determines, in Seller's reasonable
discretion, that any such action, plan or program would or could restrict,
hinder, impede, limit, reduce, diminish or otherwise adversely affect in any way
(I) Seller's right or ability to operate or manage the Property (other than the
portions thereof sold to Purchaser) as a tree farm (as hereinafter defined ) or
to take any action or engage in any activity customary or incidental to the
operation of management of the Property as a tree farm, (ii) the amounts or
volumes of trees or timber (on a per acre basis) that Seller would be permitted
to harvest, cut or remove from the Property, or (iii) the value or suitability
of the Property (other than the portions thereof sold to Purchaser) for use as a
tree farm. For purposes of this Agreement, the term "tree farm" means land used
for the purpose of cultivating, planting, growing, cutting, harvesting and/or
otherwise exploiting standing timber for commercial and industrial purposes, and
all activities related thereto.
(b) Subject always to all of the foregoing limitations set
forth in this paragraph 3, (I) at the request of Purchaser, made at any time and
from time to time during the term of this Agreement, Seller shall cooperate and
join in the submission to relevant governmental authorities of applications for
approval of long term timber harvest programs which include agricultural
conversion proposals and participate in the process of review and approval of
those applications, including the preparation, review and certification of
environmental impact reports and rezoning of lands subject to the Option; (ii)
Seller and Buyer shall each cooperate to grant or reserve for the benefit of the
other easements for access, water development, erosion control or other
mitigation measures reasonably necessary to the operation of the tree farm on
Seller's property and vineyards and/or orchards on the portions of the Property
sold to Purchaser hereunder; and (iii) as part of the consideration for this
Agreement, Purchaser is hereby granted the right to purchase for $5,000,000 all
of the right to dedicate or cause Seller to dedicate such easements or other
devices to revert all the portions of the Property not sold to Purchaser
hereunder to acreage of no more than 15 parcels
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and foreclose the further subdivision and foreclose the further agricultural
conversion of the portions of the Property not sold to Purchaser during the term
of this Agreement. The parties agree that these rights may have a market value
greatly different than the price provided herein.
(c) In the event of any dispute between Seller and Purchaser
pursuant to the operation of this Agreement, such dispute will be resolved by
binding arbitration in accordance with the procedures and methods governed by
the American Arbitration Association.
4. Inspection; Survey; Title; "As-Is".
(a) Purchaser, and Purchaser's agents and representatives, at
Purchaser's expense and at reasonable times during normal business hours upon
appointment with Seller, shall have the right to enter upon the Property for the
purpose of inspecting, examining and surveying the Property. Purchaser assumes
all responsibility for Purchaser's acts and the acts of Purchaser's agents and
representatives in exercising the rights provided under this paragraph and
agrees to indemnify, defend and hold Seller harmless from and against any and
all liability, damage, loss, cost and expense (including but not limited to
attorney fees and expenses and costs of litigation) resulting therefrom. The
foregoing indemnification will survive each closing hereunder, and will survive
any termination of this Agreement.
(b) Purchaser, at Purchaser's sole cost and expense, will
cause a boundary survey to be performed to delineate each portion of the
Property to be purchased hereunder prior to Purchaser's exercise of the Option
as to such portion, which survey must be in form and substance reasonably
satisfactory to Seller, must state the acreage of such portion to the nearest
100th of an acre and must be provided to Seller in Purchaser's notice of
exercise of the Option.
(c) Purchaser agrees to take title to the portions of the
Property sold to Purchaser hereunder in the condition described in paragraph 2
above; provided, however, that Seller agrees that any matters that Seller puts
of record affecting the Property will be in the normal and customary course of
operating a tree farm (as defined above). In addition, Purchaser hereby
specifically consents to Seller's granting so-called "true oak" easements on and
over the Property.
(d) Except for the special warranty of title to be included in
the grant deed from Seller to Purchaser, Purchaser will purchase and Seller will
sell the Property in its "AS IS" condition and Seller has not made, does not
make and specifically disclaims any representations, warranties, guaranties,
commitments, promises or agreements of any kind, express or implied, with
respect to the nature, quality, quantity, condition, habitability, fitness,
suitability or usefulness of the Property, any of the materials relating to the
Property furnished by Seller or any other matter of any kind relating to the
Property.
5. Brokerage Commission. Purchaser represents to Seller that
Purchaser has not engaged or dealt with any broker or agent in regard to this
Agreement or to any sale and purchase contemplated hereby, and Purchaser agrees
to indemnify, defend and hold Seller harmless from and
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against any claim, loss, damage, liability, cost or expense (including but not
limited to attorney fees and expenses and costs of litigation) which Seller
shall suffer, incur or be threatened with because of any claim by any broker,
agent or other person or entity claiming by, through, or under Purchaser,
whether or not meritorious, for any fee, commission, other compensation with
respect hereto or the purchase and sale provided herein. This paragraph shall
survive each closing hereunder, the termination of this Agreement, or the
failure of Purchaser to exercise same.
6. Closing. Any purchase and sale hereunder shall be closed on or
before the expiration of sixty (60) days after Purchaser shall exercise the
Option as to all or any portion or portions of the Property, on the date and at
the time and place designated by Purchaser by not less than five (5) days'
written notice to Seller. At the closing each party shall execute and deliver
all documents necessary to effect and complete the closing. Purchaser shall pay
all transfer taxes, costs of recording, survey costs, and all other costs and
expenses in connection with the closing. Ad valorem taxes on the Property for
the year in which the purchase and sale hereunder is closed shall be prorated as
of the date of closing. In the event tax bills have not been issued for the year
of closing, taxes shall be prorated based on the previous year's tax xxxx and
shall be reprorated when the current year's tax xxxx is available. Seller shall
deliver possession of the portions of the Property so sold to Purchaser at
closing.
7. Cancellation, Non-Exercise, Default and Option Money. In the
event that the Option is exercised and any sale contemplated hereby is not
consummated because of Purchaser's inability, failure or refusal to perform any
of Purchaser's obligations hereunder, then Seller shall have the right, in
addition to any and all other rights which Seller may have at law or in equity
(except, however, that Seller shall not be entitled to terminate this Agreement
due to such failure by Purchaser), to retain the Option Money and to seek
specific performance of this Agreement, or to xxx Purchaser for damages. In the
event that the Option is exercised and any sale contemplated hereby is not
consummated because of Seller's inability, failure or refusal to perform any of
Seller's obligations hereunder, Purchaser shall have the right, in addition to
any and all other rights which Purchaser may have at law or in equity, to seek
specific performance of this Agreement.
8. Notices. All notices or elections required or permitted by
this Agreement shall be in writing, signed by the party giving same and shall be
given personally or by mailing the same, postage prepaid, United States
certified or registered mail, or sent by reputable overnight courier, addressed
to the party intended to receive such notice at the address specified below, or
at such other address as may be specified by any party by notice hereunder from
time to time.
Purchaser: Coastal Forestlands, Ltd.
P. O. Xxx 000
Xxxxxxx, Xxxxxxxxxx 00000
Attention: Xx. Xxxxxxx X. Xxxxxx
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with a copy to: Ball Xxxxx LLP
One Main Place
000 XX Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxxx, Xxxxxx 00000-0000
Attention: Xxxx X. Xxxx
Seller: Pioneer Resources, L.L.C.
00000 Xxxxx Xxxx
X.X. Xxx 000
Xxxxxx, XX 00000
Attention: Xx. X. Xxxxx Xxxxx
with a copy to: Xxxxxxxxxx, Xxxxxx & Xxxxxxx LLP
000 Xxxxxxxxx Xxxxxx, X.X.
Xxxxxxx, Xxxxxxx 00000
Attention: Xxxxxxx X. Xxxxxxx
Any such notice shall be deemed given when personally delivered or mailed as
aforesaid.
9. Successors and Assigns. This Agreement shall inure to the
benefit of, and be binding upon, the parties hereto, their heirs, successors,
administrators, executors and assigns. If Purchaser transfers or assigns its
interest hereunder, it will provide Seller with notice of such transfer or
assignment within thirty (30) days thereafter. Nothing in this Agreement,
express or implied, is intended to confer upon anyone other than those mentioned
in this paragraph any rights or remedies under or by reason of this Agreement.
10. Captions. Titles or captions of articles, paragraphs or
sections contained in this Agreement are inserted only as a matter of
convenience and for reference, and in no way define, limit, extend or describe
the scope of this Agreement or the intent of any provision hereof.
11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but such counterparts shall
together constitute one and the same instrument.
12. Entire Agreement. This Agreement constitutes the sole and
entire agreement between the parties hereto and no modification of this
Agreement shall be binding unless attached hereto and signed by Seller and
Purchaser. No representation, promise or inducement not included in this
Agreement shall be binding upon any party hereto.
13. Time of Essence. Time is of the essence of each and every
provision and stipulation of this Agreement.
14. Memorandum of Agreement. The parties agree to record a
memorandum of this
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Agreement upon execution hereof.
15. Attorney's Fees. If either party commences an action against
the other arising out of or in connection with this Agreement, the prevailing
party shall be entitled to recover from the losing party reasonable attorneys'
fees and costs of suit.
16. Termination. This Agreement shall automatically terminate and
be of no further force or effect whatsoever (except as may be expressly provided
otherwise in this Agreement) on the tenth (10th) anniversary of the date of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
under seal the day and year first above written.
PURCHASER:
COASTAL FORESTLANDS, LTD.
BY: COASTAL FORESTLANDS, INC., its sole
general partner
By:/s/ Xxxxxxx X. Xxxxxx
------------------------------------
Xxxxxxx X. Xxxxxx
President
SELLER:
PIONEER RESOURCES, LLC
By:/s/ Xxxxx Xxxxx
---------------------------------------
Xxxxx Xxxxx
Member
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ORDER NO. 210238 DN
SCHEDULE 1
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Mendocino, and is described as follows:
TRACT ONE:
ALL OF THE TIMBER AND TIMBER RIGHTS AS RESERVED IN THE DEED FROM COASTAL
FORESTLANDS, LTD., TO XXXXX XXXXX, ET UX, RECORDED MARCH 3, 1997 IN BOOK 2397 OF
OFFICIAL RECORDS, PAGE 272, MENDOCINO COUNTY RECORDS, IN AND TO THE FOLLOWING
DESCRIBED PARCELS ONE AND TWO:
PARCEL ONE:
That portion of the Northwest quarter of Northeast quarter of Section 11,
Township 11 North, Range 13 West, Mount Diablo Meridian, lying southwesterly of
the boundary line described in Book 386 of Official Records, Page 493, Mendocino
County Records.
PARCEL TWO:
All in Township 11 North, Range 13 West, Mount Diablo Meridian:
Section 3: Xxxx 0, 0, 0, 0
Xxxxxxx 4: Xxxx 0, 0, 0, 0, 0, 00, 00, 00,
Xxxxx half of Northwest quarter
Section 5: Xxx 0, Xxxxxxxxx xxxxxxx xx Xxxxxxxxx xxxxxxx, Xxxxxxxxx
quarter of Southeast quarter
Section 9: Xxxx 0, 0, 0, 0, 0, 0, 0, 0, 0, 10, 11, 12, Northeast quarter
of Southwest quarter
Section 10: Xxxx 0, 0, 0, 0, 0, 0, 0, 0, 9, 10, 11, 12
Section 11: Xxxx 0, 0, 0, 0, 0, 0, Xxxxxxxxx quarter of Northwest quarter
ALSO: South half of Northeast quarter of Section 11, Township 11 North, Range 13
West, Mount Diablo Meridian, lying South and West of the boundary line described
in the Boundary Line
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ORDER NO. 210238 DN
Agreement and deed recorded in Book 386 of Official Records, Page 493, Mendocino
County Records.
EXCEPTING THEREFROM any interest acquired by Ornbaun Livestock Company, a
California corporation, in the Agreement executed by Xxxx Xxxxxx, et al, to
Ornbaun Livestock Company, a California Corporation, recorded January 19, 1949
in Book 239 of Official Records, page 329, Mendocino County Records.
ALSO: That portion of Lots 1 and 8 of Section 11, Township 11 North, Range 13
West, Mount Diablo Meridian, lying West of the boundary line described in the
Boundary Line Agreement and deed recorded in Book 386 of Official Records, Page
493, Mendocino County Records.
TRACT TWO:
PARCEL ONE:
In Township 11 North, Range 13 West, Mount Diablo Meridian Section 6: Government
Lot 14
Section 7: Government Xxxx 0 xxx 0
Xx Xxxxxxxx 00 Xxxxx, Xxxxx 13 West, Mount Diablo Meridian
Section 1: Northwest quarter, West half of northeast quarter, West half
of Southeast quarter, Southeast quarter of Southeast quarter, Southeast quarter
of Southwest quarter, Northwest quarter of Southwest quarter, and that part of
the Northeast quarter of northeast quarter lying South and West of the South
Fork of Xxxxxxxx Creek
Section 2: Northwest quarter, North half of Southwest quarter
Section 3: North half of Northeast quarter Section 12; North half of
North half in Township 12 North, Range 14 West, Mount Diablo Meridian
Section 26: That part of the West half of Southwest quarter lying South
and West of the centerline of Xxxxxxx Ranch Road, also known as the Xxxxxxxx
Creek Road
Section 27: That part of the Southeast quarter of Southeast quarter lying
South of the Centerline of Xxxxxxxx Creek
Section 34: East half of Northeast quarter, Northeast quarter of Southeast
quarter
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ORDER NO. 210238 DN
Section 35: ALL, excepting therefrom the Southwest quarter of Southwest
quarter ALSO EXCEPTING therefrom that portion of the Northwest quarter of
Northwest quarter and the West half of Northeast quarter of Northwest quarter
lying North of the centerline of Xxxxxxx Ranch Road, also known as the Xxxxxxxx
Creek Road; ALSO EXCEPTING therefrom that portion of the balance of the section
lying North of Xxxxxxxx Creek
Section 36: ALL, excepting therefrom that portion lying North of Xxxxxxxx
Creek and north of the South Fork of Xxxxxxxx Creek
PARCEL TWO:
THE EASEMENT granted in the deed from Sonoma Title Guaranty Company to Longview
Fibre Company, dated December 12, 1973, recorded January 30, 1974 in Book 951 of
Official Records, page 510, Mendocino County Records, as follows:
(a) "A right of way for general road purposes 60 feet in width, the
centerline of which is coincident with the centerline of the existing road known
as the Xxxxxxx Ranch Road, also known as the Xxxxxxxx Creek Road, said 60 foot
right of way beginning at the point of intersection of the Xxxxxxxx Creek Road
and Xxxxxxxx Creek in the West 1/2 of Section 36, said point being PT "D" on
Exhibit "C" hereof, and running thence in a general Northwesterly direction to a
point on the Westerly line of the Northwest 1/4 of the Southwest 1/4 of Section
26, all in Township 12 North, Range 14 West, M.D.M.
(b) ALSO, TOGETHER WITH a right of way for general road purposes 60 feet in
width, the centerline of which is coincident with the centerline of the existing
road known as the Xxxxxxx Ranch Road, also known as the Xxxxxxxx Creek Road,
said 60 foot right of way beginning at a point on the Westerly line of the
Northwest 1/4 of the South 1/4 of Section 26, and running thence in a Northerly
and Northwesterly direction to the point of intersection with Signal Ridge Road
in Section 22, all in Township 12 North, Range 14 West, M.D.M.
Rights of Way (a) and (b) hereinabove set forth are lying between and extend
from PT "A" to PT "B" and from PT "C" to PT "D", as so marked on Exhibits "B"
and "C" attached hereto and made a part hereof.
ALSO, TOGETHER WITH two (2) easements for general road and utility purposes,
each being 60 feet in width, and lying between the East line of the West 1/2 of
the Northeast 1/4 of the Northwest 1/4 of Section 35, and the point of
intersection of the Xxxxxxxx Creek Road and Xxxxxxxx Creek, said point being PT
"D" on Exhibit "C" hereof, in the West 1/2 of Section 36, all in Township 12
North, Range 14 West, M.D.M. Said easements to extend from the centerline of
Xxxxxxxx Creek Road to the centerline of Xxxxxxxx Creek, the locations of which
are to be determined by the grantee herein, its assigns or successors in
interest.
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ORDER NO. 210238 DN
TRACT THREE:
The Northwest quarter of the Southeast quarter of Section 31, Township 13 North,
Range 15 West, Mount Diablo Base and Meridian.
TRACT FOUR:
PARCEL ONE:
Xxx 0 xxx xxx Xxxxx 0/0 xx xxx Xxxxxxxxx quarter, the West 1/2 of the Southeast
quarter and the Southwest quarter of Section 3, Township 12 North, Range 16
West, Mount Diablo Base and Meridian, according to the official plat thereof.
PARCEL TWO:
West half of Southwest quarter and Southeast quarter of the Southwest quarter of
Section 2; East 1/2 of the Southeast quarter of Section 3; Northwest quarter,
the South 1/2, and Southwest diagonal 1/2 OF the Northeast quarter of Section
11, Township 12 North, Range 16 West, Mount Diablo Base and Meridian according
to the official plat thereof.
PARCEL THREE:
Northwest quarter, Southeast quarter and Northeast 1/4 of the Southwest quarter
of Section 2; Xxxx 0, 0, 0 xxx Xxxxx 0/0 xx Xxxxxxxxx quarter of Section 3;
Northeast 1/4 of the Northeast quarter of Section 11, Township 12 North, Range
16 West, Mount Diablo Base and Meridian, according to the official plat thereof.
The Northeast quarter of the Northeast quarter, the South 1/2 of the Northeast
quarter, the East 1/2 OF the Southwest quarter and the Southeast quarter of
Section 34; The Southwest quarter of the Southwest quarter of Section 35,
Township 13 North, Range 16 West, Mount Diablo Base and Meridian, according to
the official plat thereof. Southeast quarter of the Southeast quarter of Section
27, Township 13 North, Range 16 West, Mount Diablo Base and Meridian, according
to the official plat thereof.
EXCEPTING THEREFROM said Section 27 the following described parcels:
(1) That portion of said Southeast quarter of Southeast quarter lying Northerly
of the County Road.
(2) That portion of said Southeast quarter of Southeast quarter described in the
deed to the County of Mendocino in the Deed recorded June 18, 1968 in Book 766
of the Official Records, page 565, Mendocino County Records.
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ORDER NO. 210238 DN
(3) That portion described in the Quit Claim Deed executed by Longview Fibre
Company to Xxxxxxxx Xxxxxx, et al, recorded January 7, 1983, Book 1381, Official
Records, Page 127.
ALSO EXCEPTING THEREFROM Parcels 1, 2 and 3 that portion described in the Quit
Claim Deed executed by Longview Fibre to Xxxxxxx X. Xxxxx, et ux, recorded May
18, 1987, Book 1624, Official Records, Page 235.
PARCEL FOUR:
That portion described in the Deed to Longview Fibre Company, recorded January
7, 1983, Book 1381, Official Records, Page 129.
TRACT FIVE:
Township 12 North, Range 15 West, Mount Diablo Meridian,
Section 15: East 1/2 of Southeast 1/4
Section 22: Northeast 1/4; East 1/2 of Southeast 1/4
Section 23: West 1/2 of Northwest Quarter; Southwest 1/4
Section 26: Northwest 1/4
TRACT SIX:
All that certain real property situate, lying and being in the County of
Mendocino, State of California, more particularly described as follows, to wit:
All Township and Range references are to Mount Diablo Base and Meridian.
PARCEL ONE:
Township 11 North, Range 13 West
Section 7: Xxxx 00 xxx 00
Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx
Xxxxxxx 1: Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of Southwest 1/4
Section 2: Xxxx 0 xxx 0, Xxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxx 0/0 of
Southwest 1/4, Southeast 1/4
Section 3: Lots 3 and 0, Xxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxx 0/0, Xxxxx 1/2
of Northeast 1/4
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ORDER NO. 210238 DN
Section 4: Xxxx 0, 0, 0 xxx 0, Xxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 0/0, Xxxx
1/2 of Southwest 1/4, Southeast 1/4 of Northwest 1/4 and those portions of the
Southwest 1/4 of Northwest 1/4 and the Northwest 1/4 of Southwest 1/4 which are
the Northeasterly side of the main ridge crest that extends in a Southeasterly
direction from the West line of Section 4, about 30 chains South of the
Northwest corner of Section 4.
Section 5: Xxxx 0, 0, 0, 0
Xxxxx portions of the South 1/2 of Northwest 1/4 and the Southwest 1/4 of
Northeast 1/4 which are on the Northerly side of the main ridge crest that
extends in an Easterly direction from near the West 1/4 corner of Section 5.
Southeast 1/4 of Northeast 1/4 - EXCEPTING THEREFROM:
That portion of the Southeast 1/4 of Northeast 1/4 which is on the Southerly
side of the main ridge crest that extends in a Northwesterly direction from the
East line of Section 5, about 10 chains North of the East 1/4 corner of Section
5.
Section 6: East 1/2 of Xxx 0, Xxxx 0/0 xx Xxxxxxxxx 0/0 xx Xxxxxxxxx 1/4
Section 9: East 1/2 of Southeast 0/0, Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of
Northwest1/4 and those portions of the Southeast 1/4 of Northwest 1/4, Northeast
1/4 of Southwest 1/4 and West 1/2 of Southeast 1/4 which are on the Easterly
Northerly sides of the main ridge crest that extends in a Northerly and Westerly
direction from the South line of Section 9 and about 25 chains West of the
Southeast corner of Section 9.
Section 10: ALL
Section 11: ALL
EXCEPTING an undivided 1/2 (50%) interest in all oil, gas and gasoline and other
hydro-carbon substances and all other minerals in, on, under and that may be
produced from the above described property, as reserved in the Deeds from Xxxxxx
Xxxxxxxx Xxxxxx, Xx., to Xxxxxx and Xxxxx, a partnership, dated December 1,
1959, recorded January 4, 1961 in Book 557 of Official Records, Page 232, Serial
No. 20218, Mendocino County Records, and in the Deed from Xxxx Savior Xxxxxx to
Xxxxxx & Xxxxx, a partnership dated December 1, 1959, recorded January 4, 1961
in Book 557 of Official Records, Page 233, Serial No. 20219, Mendocino County
Records. (Affects Northwest 1/4 of Southwest 1/4 and Southeast 1/4 of Southwest
1/4 of Section 11, Township 11 North, Range 14 West)
Section 12: South 1/2 of Xxxxxxxxx 0/0, Xxxxxxxxx 0/0, Xxxxx 1/2 of
Southeast 1/4
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ORDER NO. 210238 DN
Section 13: ALL
EXCEPTING 1/2 oil and minerals in and to the Northwest 1/4 of Southwest 1/4 as
excepted in the Deed from Xxxxx X. Fear, et ux, to Xxxxxx and Xxxxx, a
partnership, dated May 21, 1959, recorded June 3, 1959 in Book 512 of Official
Records, Page 542, serial No. 4163, Mendocino County Records.
Section 14: ALL
Section 15: ALL
Section 16: ALL
EXCEPTING THEREFROM those portions of the Northeast 1/4, of the Northwest 1/4,
and of the Southwest 1/4 which are on the Northerly and Westerly sides of the
main ridge crest extending northeasterly from near the Southwest corner of
Section 16 to the North line of Section 16 at a point about 25 chains West of
its Northeast corner.
Section 21: Northeast 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0,
XXXXXXXXX that portion of the Southeast 1/4 of Southeast 1/4 which is on the
southwesterly side of the main ridge crest that extends in a southeasterly
direction across the north and East sides of the Southeast 1/4 of Southeast 1/4
near its Northeastern corner.
Those portions of the Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 and North 1/2 of Southeast
1/4 which are on the Easterly and Northerly sides of the main ridge crest that
extends in a southeasterly direction from near the Northwest corner of Section
21.
Section 22: ALL
EXCEPTING THEREFROM that portion of the Southwest 1/4 of Southwest 1/4 of which
is on the Southwesterly side of the main ridge crest that extends in a
Southeasterly direction from near the Northwest corner of the Southwest 1/4 of
Southwest 1/4 to near its Southeast corner
Section 23: ALL
Section 24: ALL
EXCEPTING THEREFROM all rights to any and all minerals, ores, metals of every
character, gas and oil, in and under said land and the right of ingress and
egress for the purpose of exploration for and removal of any and all of said
minerals and substances, together with enough of the surface of said land as may
be necessary for the proper and convenient working of such minerals and
substances as reserved by Xxxxxx X. Xxxxxx, et al, in Deed recorded May 25, 1956
in Book 431, Official Records, Page 538, Mendocino County Records.
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ORDER NO. 210238 DN
Township 12 North, Range 14 West
Section 3: Xxxx 00 xxx 00, Xxxxx 0/0,
XXXXXXXXX THEREFROM that portion conveyed in the Deed from Oregon-Washington
Plywood Company, an Oregon corporation, to Xxxx X. Xxxxx and Xxxx X. Xxxxx, his
wife as Joint Tenants, dated September 21, 1962, recorded December 24, 1962 in
Book 614 of Official Records, Page 274, Serial No. 41886, Mendocino County
Records.
ALSO EXCEPTING THEREFROM that portion conveyed in the Deed from
Oregon-Washington Plywood Company, an Oregon corporation, to Xxxxxxxxx Ranch, a
partnership, dated October 1, 1964, recorded December 4, 1964, in Book 677 of
Official Records, Page 103, Mendocino County Records.
Section 4: Xxxx 0, 00, 00, 00, 00, 00, 00, 16, 17, 18, 19 and 20,
South 1/2
EXCEPTING THEREFROM that portion conveyed in the Deed from Oregon-Washington
Plywood Company, an Oregon Corporation, to Xxxx X. Xxxxx and Xxxx X. Xxxxx, his
wife as Joint Tenants, dated September 21, 1962, recorded December 24, 1962 in
Book 614 of Official Records, Page 274, Mendocino County Records.
Section 5: Xxxx 0, 0, 0, 00, 00, 00, 00, 00, 16, 17, 18, 19, South 1/2
EXCEPTING THEREFROM that portion conveyed in the Deed from Oregon-Washington
Plywood Company, an Oregon Corporation, to Xxxx X. Xxxxx and Xxxx X. Xxxxx, his
wife as Joint Tenants, dated September 21, 1962, recorded December 24, 1962 in
Book 614, Official Records, Page 274, Mendocino County Records.
Section 6: Xxxx 0, 0, 0, 00, 00 xxx 00, Xxxx 1/2 of Southwest 0/0, Xxxx 0/0 xx
Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of Southeast 1/4, Lot 11.
EXCEPTING THEREFROM that portion conveyed in the Deed from Oregon-Washington
Plywood Company, an Oregon corporation, to Xxxx X. Xxxxx and Xxxx X. Xxxxx, his
wife as Joint Tenants, dated September 21, 1962, recorded December 24, 1962 in
Book 614, Official Records, Page 274, Mendocino County Records.
Section 7: ALL
Section 8: ALL
Section 9: Xxxx 0/0, Xxxx 0/0 xx Xxxx 0/0, Xxxx 1/2 of Northeast 1/4
Section 10: Xxxxxxxxx 0/0
Xxxxxxx 00: Xxxx 0/0, Xxxx 0/0 of East 1/2
14
15
ORDER NO. 210238 DN
Section 17: ALL
Section 18: ALL
Section 19: ALL
Section 20: ALL
Section 21: Xxxxxxxxx 0/0, Xxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of
Southwest 1/4
EXCEPTING THEREFROM those portions described as Parcel B in the Deed from
Oregon-Washington Plywood Company, an Oregon corporation, to Xxxxxx X. Xxxx and
Xxxxx X. Xxxx, his wife, dated July 7, 1965 and recorded July 8, 1965 in Book
693, Official Records, Page 208, Mendocino County Records.
ALSO: That portion of the Northwest 1/4 of the Southwest 1/4 of Section 21
described as Parcel Three in the Deed from Xxxxxx X. Xxxx and Xxxxx X. Xxxx, his
wife, to Oregon-Washington Plywood Company, an Oregon corporation, dated July 6,
1965 and recorded July 8, 1965, Book 693 of Official Records, page 212,
Mendocino County Records
ALSO: The Northeast 1/4 of Southwest 1/4 and the Northwest 1/4 of Southeast
1/4 of Section 21
EXCEPTING THEREFROM those portions described as Parcel A in the Deed from
Oregon-Washington Plywood company, an Oregon corporation, to Xxxxxx X. Xxxx and
Xxxxx X. Xxxx, his wife, dated July 7, 1965 and recorded July 8, 1965, Book 693,
Official Records, page 208, Mendocino County Records.
ALSO: That portion of the Southwest 1/4 of Southeast 1/4 of Section 21 described
as Parcel One in the Deed from Xxxxxx X. Xxxx and Xxxxx X. Xxxx, his wife, to
Oregon-Washington Plywood Company an Oregon corporation, dated July 6, 1965 and
recorded July 8, 1965, Book 693 of Official Records, page 212, Mendocino County
Records.
Section 27: Southeast 1/4 of Southwest 1/4
Section 28: West 1/2 of West 1/2
EXCEPTING THEREFROM that portion of the Northwest 1/4 of Northwest 1/4 of
Section 28, described as parcel C in the Deed from Oregon-Washington Plywood
Company, an Oregon corporation, to Xxxxxx X. Xxxx and Xxxxx X. Xxxx, his wife,
dated July 7, 1965, recorded July 8, 1965, Book 693, Official Records, page 208,
Mendocino County Records.
East 1/2 of Southwest 1/4, Southeast 1/4 of Northwest 1/4, West 1/2 of East 1/2
EXCEPTING THEREFROM the above described land the following portion thereof, to
wit:
15
16
ORDER NO. 210238 DN
Beginning at the intersection of the East line of the County Road known as
Signal Ridge Road or Anchor Bay County Road with the North line of Southeast 1/4
of the Northwest 1/4 of Section 28, Township 12 North, Range 14 West, Mount
Diablo Meridian; thence along the said North line North 88(degree) 35' East,
500.00 feet; thence leaving said North line South 1(degree) 35' East, 175.00
feet; thence south 88(degree) 35' West, 550.00 feet to the East line of the
County Road; thence North 13(degree) 15' East, 175.00 feet to the point of
beginning. Being a portion of the Southwest 1/4 of the Northeast 1/4 and of the
Southeast of the northwest 1/4 of Section 28, Township 12 North, Range 14 West,
Mount Diablo Base and Meridian.
ALSO: That portion of the Northeast 1/4 of the Northwest 1/4 of
Section 28 as conveyed by Deed and described as parcel Two therein from Xxxxxx
X. Xxxx and Xxxxx X. Xxxx, his wife, to Oregon-Washington Plywood Company, an
Oregon corporation, dated July 6, 1965 and recorded July 8, 1965 in Book 693,
Official Records, page 212, Mendocino County Records.
Section 29: ALL
Section 30: ALL
Section 31: Xxx 0, Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxx 1/2 of Northeast
0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxx 1/2 of Southeast 1/4
Section 32: West 0/0, Xxxxxxxxx 0/0, Xxxx 1/2 of Northeast 1/4 of
Northeast 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxx 1/2 of Northeast 1/4
Section 33: Xxxx 0/0, Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of Northwest 1/4, South
1/2 of Northwest 1/4
ALSO: That portion described in the Deed executed by Xxxxxxx X. Xxxxxxxx, et
ux, to Longview Fibre, recorded December 11, 1987, Book 1660, Official Records,
Page 168
EXCEPTING THEREFROM the above described land all that portion described in the
Deed executed by Longview Fibre Company to Xxxxxxx X. Xxxxxxxx, et ux, recorded
December 11, 1987, Book 1660, Official Records, page 166.
Section 34: South 1/2 of Northwest 1/4, Southwest 1/4
Township 12 North, Range 15 West
Section 2: Xxxx 0, 0, 0 xxx 0, Xxxxxxxxx 1/4 of Southwest 0/0,
Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of Southwest 1/4 South 1/2 of Southwest 1/4
16
17
ORDER NO. 210238 DN
EXCEPTING THEREFROM all that portion conveyed to Xxxxxxxxx Brothers by document
dated May 20, 1959, recorded June 9, 1959, Book 513 of Official Records, Page
207, Mendocino County Records.
ALSO EXCEPTING THEREFROM all that portion conveyed to Stornetta Brothers by
Oregon-Washington Plywood Company, an Oregon corporation, by Deed dated
September 10, 1964, recorded October 16, 1964, Book 672, Official Records, Page
544, Mendocino County Records.
Section 3: ALL
EXCEPTING THEREFROM all that portion conveyed to Xxxxxxxxx Brothers by document
dated May 20, 1959, recorded June 9, 1959, Book 513, Official Records, Page 207,
Mendocino County Records.
Section 4: ALL
Section 5: ALL
Section 6: ALL
Section 7: Xxx 0, Xxxxxxxxx 0/0, Xxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4
of Southeast 1/4
ALSO: That certain property of Xxxxxxx X. Xxxxx located in Section 7, Township
12 North, Range 15 West, Mount Diablo Base and Meridian, and lying North of that
line delineated on a map titled Record of Agreement Survey for Xxxxxx and Xxxxx,
dated December, 1960 and done by Xxxxxx X. Xxxxxxxx, Licensed Surveyor, No. 2786
and filed in the County of Mendocino in Map Case 2, Drawer 1, Page 83. This line
is more particularly described as follows:
COMMENCING at the common corner of Sections 7, 8, 18 and 17 in said Township 12
North, Range 15 West, and Thence Following a Line North 14(Degree) 20' 35" West,
494.93 Feet; Thence North 43(Degree) 35' 53" West, 918.75 Feet; Thence North
48(Degree) 0L' 08" West, 746.29 Feet; Thence North 81(Degree) 52' 10" West,
1372.95 Feet; Thence North 1(Degree) 01' 04" East, 798.15 Feet; Thence North
44(Degree) 21' West, 475.86 Feet; Thence North 60(Degree) 41' 35" West, 556.46
Feet; Thence North 81(Degree) 32' 12" West, 480.51 Feet; Thence North 00(Degree)
06' 51" West, 270.82 Feet; Thence North 48(Degree) 37' 08" West, 1098.84 Feet;
Thence North 29(Degree) 39' 15" West, 341.16 Feet; Thence 60(Degree) 11' 41"
West, 323.58 Feet to the West Line of the Section Thence North Along the West
line of the Section, 33.00 feet to the 1/16 corner.
EXCEPTING THEREFROM any portion sold the United States for GATR site or
easements in connection therewith by Deed dated October 15, 1960 and recorded on
June 20, 1961, Book 571, Official Records, page 30 et seq., Mendocino County
Records.
Section 8: North 0/0, Xxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of
Southwest 1/4, Southwest 1/4 of Southeast 1/4
17
18
ORDER NO. 210238 DN
EXCEPTING THEREFROM that portion described as Tract 104E in the Lis Pendens
recorded October 14, 1960, Book 551, Official Records, page 332.
Section 9: West 1/2 and North 1/2 of Northeast 1/4
ALSO: All that portion described in the Deed executed by Louisiana-Pacific to
Longview Fibre recorded March 12, 1986, Book 1549, Official Records, page 58.
EXCEPTING THEREFROM from all of the above described land that portion described
in the deed executed by Longview Fibre Company to Louisiana-Pacific Corporation
recorded March 12, 1986, Book 1549, Official Records, page 60.
Section 10: North 1/2 of Northwest 1/4
ALSO: That portion described in the deed executed by Louisiana-Pacific to
Longview Fibre recorded March 12, 1986, Book 1549, Official Records, Page 58.
EXCEPTING THEREFROM all of the above described land that portion described in
the deed executed by Longview Fibre Company to Louisiana-Pacific corporation
recorded March 12, 1986, Book 1549, Official Records, page 60.
Section 11: Southeast 1/4 of Southeast 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0,
Xxxxxxxxx 1/4 of NORTHEAST 0/0, Xxxxxxxxx 0/0, Xxxxx 0/0 xx Xxxxxxxxx 0/0,
Xxxxxxxxx 1/4 of Southeast 1/4
EXCEPTING THEREFROM that portion of the Southwest 1/4 of Northeast 1/4 of
Section 11, Township 12 North, Range 15 West, Mount Diablo Base and Meridian,
which lies North of that certain existing fence running along the Northerly edge
of an existing road transversing said property and lying East of the centerline
of Blue Waterhole Creek.
ALSO: That portion described in the deed executed by Louisiana-Pacific
corporation recorded April 15, 1981, Book 1301, Official Records, Page 34.
EXCEPTING THEREFROM the above described land that portion described in the deed
executed by Longview Fibre Company to Louisiana-Pacific Corporation, recorded
April 6, 1981, Book 1299, Official Records, page 59.
Section 12: Lots 3 and 4 and that portion of Lot 2 described as follows:
Beginning at the Southwest corner of the North 1/2 of said Section 12; thence
along the Southerly boundary of the said North 1/2 of Section 12, a distance of
29.85 chains, more or less, to the range line between Range 14 West and Range 15
West; thence Northerly along said range line 11.55 chains to a point; thence in
a straight line in a southwesterly direction to the point of beginning.
18
19
ORDER NO. 210238 DN
EXCEPTING THEREFROM that portion of Xxx 0, Xxxxxxx 00, Xxxxxxxx 00 Xxxxx, Xxxxx
15 West, Mount Diablo Base and Meridian, described as follows:
BEGINNING at the Southwest corner of Lot 2, which is located on the North line
of the existing main private road; thence following the North line of said road
Northeasterly to its intersection with the centerline of the Xxxxxx River being
the Northside of a Bridge; thence Southerly and Westerly down the centerline of
the Xxxxxx River to its intersection with the South line of Lot 2; thence West
along the South line of Lot 2 to the point of beginning.
Said land being further described in Parcel 3, herein.
Section 13: Xxxx 0, 0, 0, 0
Xxxxxxx 14: Northeast 1/4 of Northeast 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx
0/0, Xxxxxxxxx 1/4 of Northwest 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxx 1/2
of South 1/2,
Section 15: Southwest 1/4 of Northeast 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx
0/0, Xxxxx 1/2 of Xxxxxxxxx 0/0, Xxxxxxxxx 0/0, Xxxx 1/2 of Southeast 1/4
Section 16: South 1/2 of North 0/0, Xxxxx 0/0 xx Xxxxx 0/0, Xxxxxxxxx 1/4
of Xxxxxxxxx 0/0, Xxxxx 0/0 XX Xxxxxxxxx 1/4
Section 20: Southeast 1/4 of Northeast 0/0, Xxxxxxxxx 0/0 xx Xxxxxxxxx
0/0, Xxxxx 1/2 of Southeast 1/4
Section 21: Xxxx 0/0, Xxxxxxxxx 1/4
Section 22: West 1/2, West 1/2 of Southeast 1/4
Section 23: Xxxx 0/0, Xxxx 1/2 of the Northwest 1/4
Section 24: Xxxx 0, 0, 0 xxx 0
Xxxxxxx 00: Xxxx 0, 0, 0 xxx 0
Xxxxxxx 00: Xxxx 0/0, Xxxxxxxxx 1/4
Section 27: ALL
Section 28: All that portion lying Northerly of the main Xxxxxx River and
Easterly of the ridge extending approximately from the West 1/4 of Section 28 to
the point where the Xxxxxx River crosses the South line of the Section; and all
that portion lying Southerly of the main Xxxxxx River and Northerly of the ridge
extending approximately from the Southeast corner of Section 28 to the point
where the Xxxxxx River crosses the South line of the Section.
19
20
ORDER NO. 210238 DN
Section 29: All that portion lying Easterly and Northerly of the ridge
extending approximately from the North 1/4 corner of Section 29 to the center of
the Section and thence to the East 1/4 corner of Section 29.
Section 34: Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 0/0, all that
portion of the West 1/2 lying Northeasterly of the ridge extending approximately
from the Northwest corner of Section 34 to a point about 10 chains South of the
center of the Section; and that portion of the East 1/2 of Southeast 1/4 lying
Northerly of Signal Ridge.
Section 35: North 0/0, Xxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of
Southeast 1/4
ALSO: That portion described in the deed executed by Louisiana-Pacific
corporation to Longview Fibre Company recorded July 22, 1985, Book 1515,
Official Records, Page 56.
EXCEPTING THEREFROM that portion described in the deed executed by Longview
Fibre Company to Louisiana-Pacific Corporation, recorded July 22, 1985, Book
1515, Official Records, Page 54.
Section 36: Xxxx 0, 0, 0, xxx 0
Xxxxxxxx 00 Xxxxx, Xxxxx 16 West
Section 1: ALL
Section 2: Northeast 1/4
Section 12: All that portion which drains Northerly into North Fork Xxxxxx
River, Also that portion of North 1/2 lying South of North Fork Xxxxxx River
ridge. (Intending to include the North 1/2 of Section 12)
Township 13 North, Range 15 West
Section 31: Xxxx 0, 0, 0, 00, 00, 00, 00, 00, 17, 18, 19, 00, Xxxxx 0/0 xx
Xxxxxxxxx 0/0, XxxxxxxxX 1/4 of Southeast 1/4, South 1/2 of Southeast 1/4,
ALSO: That portion described in the deed executed by Xxxxxxxx Xxxxxx, et al,
recorded May 12, 1983, Book 1400, Official Records, Page 490.
That portion described in the deed executed by Timber Realization, recorded May
12, 1983, Book 1400, Official Records, Page 492.
20
21
ORDER NO. 210238 DN
That portion described in the deed executed by Xxxxxxx X. Xxxxxxxxx, et ux,
recorded November 7, 1984, Book 1481, Official Records, Page 479.
EXCEPTING THEREFROM those portions described in the following:
(1) Deed executed by Longview Fibre Company, to Xxxxxxxx Xxxxxx, et al
recorded May 12, 1983, Book 1400, Official Records, Page 496.
(2) Deed executed by Longview Fibre Company to Timber Realization Company
recorded May 12, 1983, Book 1400, Official Records, Page 498.
(3) Deed executed by Longview Fibre Company to Xxxxxxx X. Xxxxxxxxx, et ux,
recorded November 7, 1984, Book 1481, Official Records,-Page 477.
Section 32: Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of Southeast 1/4,
ALSO: That portion described in the deed executed by Xxxxxx X.
Xxxxxxx, et al, recorded November 24, 1982, Book 1375, Official Records, Page
152.
EXCEPTING THEREFROM THE FOLLOWING:
(1) That portion described in the deed executed by Longview Fibre Company
to Xxxxxx X. Xxxxxxx, et al, recorded November 24, 1982, Book 1375,
Official Records, Page 145:
(2) That portion described in the deed executed by Longview Fibre Company
to Xxxxxx X. Xxxxxxx, et al, recorded May 8, 1987 in Book 1622,
Official Records, Page 556.
Section 33: Northeast 0/0, Xxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of
Xxxxxxxxx 0/0, Xxxxxxxxx 0/0 XX Xxxxxxxxx 0/0, Xxxxx 1/2 of Southeast 0/0,
Xxxxxxxxx 0/0 xx Xxxxxxxxx 0/0, Xxxxxxxxx 1/4 of Southeast 1/4,
EXCEPTING THEREFROM all that portion conveyed to Stornetta Brothers by document
dated May 20, 1959 and recorded June 9, 1959, Book 513, Official Records, Page
207, Mendocino County Records.
Section 34: ALL
EXCEPTING THEREFROM all that portion conveyed to Stornetta Brothers by document
dated May 20, 1959, and recorded June 9, 1959, Book 513, Official Records, Page
000, Xxxxxxxxx Xxxxxx Xxxxxxx.
Xxxxxxxx 00 Xxxxx, Xxxxx 16 West
Section 26: South 1/2 of Southwest 1/4
21
22
ORDER NO. 210238 DN
ALSO: That portion described in the deed executed by Xxxxxxxx
Xxxxxx, et al, recorded January 7, 1983, Book 1381, Official Records, Page 129.
EXCEPTING THEREFROM that portion described in the deed executed by Longview
Fibre Company, recorded January 7, 1983, Book 1381, Official Records, Page 127.
Section 35: Xxxx 0/0, Xxxxxxxxx 0/0,
Xxxxx 1/2 of Southwest 1/4, Southeast 1/4 of Southwest 1/4
Section 36: Northeast 1/4 of Northwest 0/0, Xxxxx 0/0 xx Xxxxxxxxx 0/0,
Xxxxxxxxx 1/4
PARCEL TWO:
Township 12 North, Range 14 West
Section 34: West 1/2 of Southeast 1/4 Southeast 1/4 of Southeast 1/4
Section 35: Southwest 1/4 of Southwest 1/4
PARCEL THREE:
That portion of Xxx 0, Xxxxxxx 00, Xxxxxxxx 00 Xxxxx, Xxxxx 15 West, Mount
Diablo Base and Meridian, described as follows:
BEGINNING at the Southwest corner of Lot 2, which is located on the North line
of the existing main private road; thence following the North line of said road
Northeasterly to its intersection with the centerline of the Xxxxxx River being
the north side of a Bridge; thence Southerly and Westerly down the centerline of
the Xxxxxx River to its intersection with the South line of Lot 2; thence West
along the South line of Lot 2, to the point of beginning.
EXCEPTING THEREFROM that portion of Lot 2 described as follows: Beginning at the
Southwest corner of the North 1/2 of said Section 12; thence along the southerly
boundary of the said North 1/2 of Section 12, a distance of 29.85 chains, more
or less, to the range line between Range 14 West and Range 15 West; thence
Northerly along said range line 11.55 chains to a point; thence in a straight
line in a Southwesterly direction to the point of beginning.
TRACT SEVEN:
1. An easement for right of way as conveyed by road right of way from Xxxxxxxxx
Ranch (a partnership) to Oregon-Washington Plywood Co., dated October 1, 1964
and recorded December 4, 1964 in Book 677, Official Records, page 99, Mendocino
County Records.
22
23
ORDER NO. 210238 DN
2. An easement as reserved in the Grant Deed from Oregon-Washington Plywood Co.,
to Xxxxxxxxx Ranch (a partnership) dated October 1, 1964 and recorded December
4, 1964, Book 677, Official Records, Page 103, Mendocino County Records.
3. An easement as conveyed by Reciprocal Grants of rights of way between X.X.
Xxxxxxxx, as trustee and Xxxxxx & Xxxxx, a partnership dated June 8, 1960 and
recorded June 10, 1960 in Book 542, Official Records, page 198, Mendocino County
Records.
4. An easement conveyed by Agreement for Partitions of Real Property and
Reciprocal Grants of easements between Xxxxxx & Xxxxx, a partnership, and
Stornetta Brothers, a partnership dated May 20, 1959, and recorded June 9, 1959,
Book 513, Official Records, Page 207, Mendocino County Records.
Supplemental Agreement thereunder recorded December 11, 1972, Book 908, Official
Records, Page 598.
5. Easements as conveyed by Reciprocal Grants of rights of way between Xxxx
Timber Industries, a partnership, and Oregon Washington Plywood Co., dated
August 16, 1962 and recorded March 19, 1963, Book 621, Official Records, Page
284, Mendocino County Records.
6. Easements as reserved in the Grant Deed from Oregon-Washington Plywood Co.,
to Xxxxxxxx X. and Xxx X. Xxxxxxx, his wife, dated November 1, 1964 and recorded
November 17, 1964 in Book 676, Official Records, Page 396, Mendocino County
Records.
7. Perpetual non-exclusive easement in gross for road purposes granted to
Longview Fibre Company in the Agreement recorded September 8, 1983, Book 1419,
Official Records, Page 108.
8. Perpetual non-exclusive easement in gross for road purposes granted to
Longview Fibre Company in the Agreement recorded September 8, 1983, Book 1419,
Official Records, Page 118.
9. Perpetual non-exclusive easement in gross for road purposes granted to
Longview Fibre Company in the Agreement recorded September 8, 1983, Book 1419,
Official Records, Page 123.
10. The perpetual non-exclusive in gross easements for road purposes granted to
Longview Fibre Company, recorded March 20, 1984, Book 1448, official Records,
Page 171.
11. Reciprocal Easement Agreement executed by and between Congree River Ltd.,
and Longview Fibre Company, recorded November 20, 1984, Book 1483, Official
Records, Page 129.
23
24
ORDER NO. 210238 DN
12. Reciprocal Easement for Right-of-Way executed by and between Xxxxxx X.
Xxxxxxx, et al, and Longview Fibre Company for a perpetual non-exclusive
easement in gross for road purposes, recorded May 8, 1987, Book 1622, Official
Records, Page 560.
13. Non-exclusive perpetual, in gross easement for ingress, egress, and utility
purposes granted to Longview Fibre Company, recorded May 18, 1987, Book 1624,
Official Records, Page 237.
14. Reciprocal Road Use Agreement for a non-exclusive perpetual in gross
easement for road purposes executed by and between Xxxxxx Xxxx Xxxxxxx, et ux,
and Longview Fibre Company, recorded May 6, 1976, Book 1039, Official Records,
Page 199.
15. Easements for road purposes as described in the document entitled "Grant of
Easements" recorded July 1, 1974 in Book 967, Official Records, Page 660, and as
reserved in the Quitclaim Deed recorded July 5, 1960 in Book 544, Official
Records, Page 246.
TRACT EIGHT:
The Southeast quarter of the Northeast quarter of Section 11, Township 12 North,
Range 15 West, Mount Diablo Base and Meridian.
EXCEPTING THEREFROM that portion which lies North of that certain existing fence
running along the Northerly edge of an existing road transversing said property
and lying East of the centerline of Blue Waterhole Creek.
TRACT NINE:
The South half of the Northeast quarter and the North half of the Southeast
quarter of Section 12, Township 11 North, Range 14 West, Mount Diablo Base and
Meridian.
APN: 000-000-00
24
25
ORDER NO. 210238 DN
And the following land situated in the State of California, County of Sonoma,
incorporated area, described as follows:
TRACT ONE:
PARCEL ONE:
In Township 10 North, Range 12 West, M.D.B. & M.:
Section 7 That portion of Lot 7 lying to the right side of the highwater
xxxx on the right bank facing down stream of the Wheatfield
branch of the Gualala River.
Section 18 That portion of Lots 4, 5, 6 and 7, lying to the right side of
the highwater xxxx on the right bank facing down stream of the
Wheatfield Branch of the Gualala River.
Section 19 Lots 5, 6, 7, the North half of Lot 8, the South half of Lot 3
and that portion of Lot 4 lying to the right side of the
highwater xxxx on the right bank facing down stream of the
Wheatfield Branch of the Gualala River.
Xxxxxxx 00 Xxxx 0, 4, 5, 6, 7 and the North half of Lots 8, 9 and 10.
Xxxxxxx 00 Xxx 0 and the North half of Xxx 0
Xx Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx X.X.X. & M.:
Section 1 All of Section 1
Excepting from the above Section 1, that portion lying to the
left of the highwater xxxx on the right bank facing down
stream of the Wheatfield branch of the Gualala River.
Section 2 All of Section 2
Section 3 All of Section 3
25
26
ORDER NO. 210238 DN
Excepting therefrom the above Section 3, that portion conveyed
to the State Of California by Deed recorded August 13, 1974
under Recorder's Serial No. P-14964, Sonoma County Records.
Section 8 The Northeast Quarter
Section 9 The North Half
Section 10 All of Section 10
Section 11 All of Section 11
Section 12 All of Section 12
Excepting from the above Section 12 that portion lying to the
left of the highwater xxxx on the right bank facing down
stream of the Wheatfield Branch of the Gualala River.
Section 13 All of Section 13
Section 14 All of Section 14
Section 15 All of Section 15
Section 22 All of Section 22
Section 23 All of Section 23
Section 24 All of Section 24
Section 25 The North half and the North half of the South half.
Section 26 The Northeast quarter and the North half of the Northwest
quarter.
In Township 10 North, Range 14 West M.D.B. & M.
Section 1 Lots 1, 2, 3 and 4, the Southeast quarter of the Northwest
quarter and the South half of the Northeast quarter.
In Township 11 North, Range 14 West, M.D.B. & M.
26
27
ORDER NO. 210238 DN
Section 25 All of Section 25
Section 26 All of Section 26
Section 27 The South half, the Northeast quarter and the East half of the
Northwest quarter.
Section 34 The East half of the Northeast quarter, the North half of the
Northwest quarter.
Section 35 The North half
Section 36 All of Section 36
Excepting from all the above the fee to a strip of land of
uniform width of 100 feet, the center line being coincident
with the physical center line of Xxxxx Road, as it now exists
including its Southerly extension, commonly known as South
Branch Road.
PARCEL TWO:
A right of way over the presently existing road commonly known as "Xxxxx Road"
including its Southerly extension (such extension also commonly known as "South
Branch Road") beginning at the intersection of said Xxxxx Road with the West
line of Highway 101, a public roadway, and extending along said Xxxxx Road in a
Westerly and Southerly direction to the intersection of said road with the South
line of the Northeast Quarter of the Southwest Quarter of Section 8, Township 10
North, Range 13 West, Mount Diablo Meridian, said point being the termination of
said right of way; which said right of way is more fully set forth in the Deed
from Masonite Corporation, a Delaware Corporation to Longview Fibre Company, a
Delaware Corporation, dated November 11, 1977 and recorded November 18, 1977 in
the office of the County Recorder of Sonoma County under Recorder's Serial No.
S-61739, Sonoma County Records.
PARCEL THREE:
A non-exclusive easement as contained "Reciprocal Easements" executed by Xxxx X.
Xxxxxxx, et ux and Longview Fibre Company recorded September 26, 1978 in Book
3458 of Official Records, page 374.
27
28
PARCEL FOUR:
A non-exclusive easement in gross over the lands of Xxxxxx (being Xxxxx Road)
all as described in "Grant of Easements" executed by Xxxxx Xxxxxx and Longview
Fibre Corporation, recorded July 19, 1983, Document No. 83047134 Official
Records of Sonoma County, California.
TRACT TWO:
In Township 10 North, Range 14 West M.D.B. & M.:
Section 3 The West half and the West half of the East half.
Section 4 The East half of Lot 1, the East half of the Southeast quarter
of the Northeast quarter and that portion of East half of the
Northeast quarter of the Southeast quarter which lies North
and East of Buckeye Creek.
Section 10 The North half of the Northwest quarter.
In Township 11 North, Range 13 West, M.D.B. & M.:
Section 20 The South half of the Southeast quarter, the North half of the
Southwest quarter and the Southeast quarter of the Southwest
quarter.
Section 29 The Northeast quarter of the Northwest quarter and the North
half of the Northeast quarter.
In Township 11 North, Range 14 West, M.D.B. & M.:
Section 34 The South half of the Southeast quarter and the Southeast
quarter of the Southwest quarter.
Section 35 That portion of the West half of the Southwest quarter which
is West and South of Buckeye Creek.
In Township 11 North, Range 13 West, M.D.B. & M.:
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ORDER NO. 210238 DN
Section 21 A strip of land 100 feet in width traversing the South half of
the Southwest quarter and the Northeast quarter of the
Southwest quarter.
Being the same parcel excepted in the conveyance to Xxxxx X.
Xxxxxx and Xxxxxx X. Xxxxxx, by Deed recorded December 24,
1953 under Recorder's Serial No. E- 10756, Sonoma County
Records.
Section 29 The West half of the Southwest quarter and a strip of land 100
feet in width commencing on the North line and the Southeast
quarter of the Northwest quarter of Section 29; and running
thence Southwesterly through said Southeast quarter of the
Northwest quarter along the route more particularly shown upon
the sketch recorded in Book 1173 of Official Records, page
482, Sonoma County Records.
Section 30 Lots 1, 2, 11, the South half of Lot 3, the South half of Xxx
0, xxx Xxxxx xxxx xx Xxx 00 and the Southwest quarter of the
Southeast quarter.
Xxxxxxx 00 Xxxx 0, 2, 3, 4, 6 and 7 and the East half.
Section 32 The South half, the Northwest quarter and the South half of
the Northeast quarter.
Section 33 The South half and that part of the Southeast quarter of the
Northeast quarter lying Southerly of the Xxxxx Main Stem
Logging Road.
Section 34 The South half and that part of the South half of the
Northwest quarter lying Southerly of the Xxxxx Main Stem
Logging Road.
Section 35 The Southwest quarter, the West half of the Southeast quarter
and the Southeast quarter of the Southeast quarter.
Section 36 The South half of the Northwest quarter, the South half of the
Southeast quarter and the Southwest quarter.
Excepting therefrom that portion lying Northerly of the
Southern line of existing Xxxxx Road.
In Township 10 North, Range 13 West, M.D.B. & M.:
Section 4 All of Section 4
Section 5 The North half and the Southeast quarter.
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ORDER NO. 210238 DN
Section 6 Xxxx 0, 0, 0, 0, 0, 0, 0 and that portion of Xxx 0, xxxxx Xxxx
xx Xxxxxx Xxxxx and the Southeast quarter of the Northwest
quarter.
Excepting therefrom that portion described in that certain Grant Deed recorded
January 14, 1994 as Document No. 94-006526 of Sonoma County Records. Executed by
Coastal Forestlands, Limited, a California Limited Partnership as Grantor and
the County of Sonoma, a political subdivision of the State of California as
Grantee.
Also excepting therefrom that portion described in quitclaim deed to Xxxxxx X.
Xxxxx et al recorded November 22, 1995 in Document 1995-99973.
TRACT THREE:
The Southwest quarter of Section 5, the North half of the Southeast quarter and
the Southeast quarter of the Southeast quarter of Section 6 in Township 10
North, Range 13 West, M.D.M. in the County of Sonoma, State of California.
TRACT FOUR:
A. Easements as contained in Deed from Xxx Xxxxx, et ux to Xxxx X. Xxxxx
Lumber Company, recorded October, 24, 1959 in Book 1002, Official
Records, page 8, Sonoma County.
B. Easement as contained in Deed from Masonite Company to Xxxxxx Xxxxxx,
recorded February 21, 1975 in Book 2935, Official Records, page 214,
Sonoma County Records.
C. The Easements as granted by Molalla Forest Products Inc., under the
following Recorder's Serial Nos. X-00000, X-00000, K-51890, K-52052,
K-56486, K-75656, K-87520, K-87684, K-92860, K-95064, K-97523, K-98574,
L-35704, L-38703, L-41581, L-85522.
D. Right of way agreement between Xxxxxxxxxx Ranch, First Party, and
Cloverdale Redwood, Inc., a Corporation, Second Party, dated March 16,
1967 and recorded April 3, 1967 in Book 2261 of Official Records, page
103, Recorder's Serial No. K-32283, Sonoma County Records. (Affects
Sections 1 and 12 Township 10 North, Range 13 West and Sections 6 and
18, Township 10 North, Range 12 West)
TRACT FIVE:
Any and all rights, right to claims, and appurtenances pertaining to all the
above described real property including, but not limited to, all rights of way,
easements of any nature including, both in gross and appurtenant easements, and
any other interest of Longview Fibre Company, Inc., a Delaware Corporation.
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ORDER NO. 210238 DN
TRACT SIX:
Those certain easement rights as set forth in the deed to Coastal Forestlands
Limited, recorded November 27, 1995 in Document 1995-99972.
TRACT SEVEN:
ALL OF THE TIMBER AND TIMBER RIGHTS AS RESERVED IN THE DEED FROM COASTAL
FORESTLANDS, LTD., TO XXXXX XXXXX ET UX, RECORDED MARCH 3, 1997 SONOMA COUNTY
RECORDER'S SERIAL NUMBER 97-17395 ON THE FOLLOWING DESCRIBED PROPERTY IN
SECTIONS 14 AND 15, TOWNSHIP 11 NORTH, RANGE 13 WEST, M.D.B. & M:
In Township 11 North, Range 13 West, M.D.B. & M.:
Section 14 Lots 2, 3, 4, 5, 6 and 7; and all that portion of Lots 1 and
8, and the North half of the South half of said Section 14,
lying Northerly and Westerly of a dividing and traverse line
as established by Agreement by and between Ornbaun Livestock
Company, as first party, X.X. Xxxxxx, et al, as second party,
and Paper Cabin, Inc., a corporation, as third party, dated
December 11, 1954 and recorded February 15, 1955 in Book 1329
of Official Records, page 432, Sonoma County Records.
Section 15 Lots 1, 2, 3, 4 and 5, all that portion of Lots 6, 7 and 8 of
said section 15 lying Northerly of a dividing and traverse
line as established by Agreement by and between Ornbaun
Livestock Company, as first party, X.X. Xxxxxx et al, as
second party, and Paper Cabin, Inc., a corporation, as third
parry, dated December 11, 1954 and recorded February 15, 1955
in Book 1329 of Official Records, page 432, Sonoma County
Records.
END
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