Lower Alemany Area Sewer Improvements Project
Easement Acquisition
San Francisco, California
December 9, 2025
Dina Brasil, Right-of-Way Manager, Real Estate Services 1 2
Project Purpose
• The Lower Alemany area sits in the Isla is Creek watershed and has historically flooded during large storm events.
• The project’s primary objective is to addre ss Sewer System Improvement Program (SSIP) Level of Service (LOS) goals of managing stormwater during a 5-year, 3-hour storm. • The project complies with the regulator y requirements outlined in the 2021 Cleanup and Abatement Order agreed to between the Regional Water Quality Control Board (RWQCB) and the SFPUC.
3 Project Location and Overview
Private Property
Impact to Private Properties
43 • Tunnel crosses
beneath the driveways
of three private
residential properties.
• Over 50 feet deep.
• No excavation or
disturbance on the
surface of the
properties.
• SFPUC requires an
easement to install and
operate the tunnel on
each property.
Easement on 499 Gaven Street (Hall)
Seller:
• Waylen Ruiwei
Hall, et al
Location:
• 499 Gaven Street,
San Francisco,
California
Size:
• 693.2 square feet
Purchase Price:
• $32,000
5 499 Gaven
(Hall)
Easement on 495 Gaven Street (Tsui)
Seller:
• Tsui Family Trust
Location:
• 495 Gaven Street,
San Francisco,
California
Size:
• 298.2 square feet
Purchase Price:
• $25,000
6 495 Gaven
(Tsui)
Easement on 491 Gaven Street (Cheng)
Seller:
• Katy O. Cheng
Location:
• 491 Gaven Street,
San Francisco,
California
Size:
• 9.2 square feet
Purchase Price:
• $2,500
7 491 Gaven
(Cheng)
CEQA
8 • On March 25, 2025, the San Francisco Planning Department determined the Project to be categorically exempt under the California Environmental Quality Act (CEQA) under Case No. 2023-000654ENV.
• On September 10, 2025, the San Francisco Planning
Department filed the Notice of Exemption at the San
Francisco County Clerk’s office, and it was subsequently posted at the State Clearinghouse on September 11, 2025. 8 9
Questions?
DEPARTMENT Real Estate Services Division AGENDA NO. 11
MEETING DATE December 9, 2025
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Real Estate Director: Rosanna Russell
Approve the Purchase of a Subsurface Sewer Tunnel Easement at 495 Gaven Street in San Francisco, California, from the Tsui Family Trust
Summary of Proposed
Commission Action:
Approve the terms and conditions and authorize the General Manager to execute a Purchase and Sale Agreement and Easement Deed with Robert Tsui and Thuyen Ly Tsui, as Trustees of the Tsui Family Trust, for the acquisition of a n approximately 298.2-square-foot easement for a subsurface sewer tunnel across property located at 495 Gaven Street , San Francisco, California, designated as a portion of San Francisco Assessor’s Parcel Number 5861-022, for $25,000, subject to Board of Supervisors and Mayor approval.
Background: The San Francisco Public Utilities Commission (SFPUC) has developed Project. No. 10034360, Lower Alemany Area Stormwater Improvement s (Project) to improve collection system capacity and increase flood resilience during wet weather events within the Lower Alemany area in San Francisco (City) to comply with California Regional Water Quality Control Board Clean-up and Abatement Order R2-2021-0021.
The Project intends to construct a 10 -foot internal diameter tunnel, to be designated as the Alemany Auxiliary Sewer . The tunnel would be installed along Alemany Boulevard and Gaven Street , south of I -280, and along Boutwell Street northeast of the I -280/US-101 interchange. The tunnel would consist of an approximately 1.4- mile-long sewer line connecting to the existing Alemany Sewer, the Industrial Sewer, and the Islais Creek Transport/Storage Box.
The proposed tunnel alignment crosses under the driveways of three private residential properties at the western terminus of Gaven Street , including on property owned by Robert Tsui and Thuyen Ly Tsui, as Trustees of the Tsui Family Trust (Tsui Family or Property Owner). The Tsui Family property is located at 49 5 Gaven Street, San Francisco, California, designated as a portion of San Francisco Assessor’s Parcel No. 5861-022 (Property).
To facilitate the Project, the SFPUC seeks to acquire an approximately 298.2-square-foot easement for a subsurface sewer tunnel (the Easement) on the Property. The Property Owner has agreed to sell the Easement to City, and both parties desire to enter into a Purchase and Sale Agreement. SFPUC staff, in consultation with the City Attorney’s Office, have negotiated the Agreement: Approve Acquisition of Tunnel Easement at 495 Gaven San Francisco (Tsui), Subject to Board Approval Commission Meeting Date: December 9, 2025
proposed terms and conditions of the Purchase and Sale Agreement and Easement Deed. Under the Purchase and Sale Agreement, City will pay $25,000 for the Easement.
Environmental
Review:
On March 25, 2025, the San Francisco Planning Department determined the Project to be categorically exempt under the California Environmental Quality Act (CEQA) Guidelines section 15301, Class 1 (Existing Facilities) and section 15303, Class 3 (New Construction or Conversion of Small Structures) under Case No. 2023-000654ENV.
On September 10, 2025, the San Francisco Planning Department filed the Notice of Exemption at the San Francisco County Clerk’s office, and it was subsequently posted at the State Clearinghouse on September 11, 2025.
The exemption determination and Notice of Exemption can be found here:
https://sfpuc.sharefile.com/public/share/web-
s24cb4e3ddb694cd5b018f09e4f7864d7
Budget & Costs: The purchase price of the Easement is $25,000, plus the cost of all escrow and recording fees and the premium for the Title Policy.
Description of
Agreement:
Parties to the
Purchase and Sale
Agreement:
City and County of San Francisco, acting
through the SFPUC ( Buyer) and Robert Tsui
and Thuyen Ly Tsui, as Trustees of the Tsui
Family Trust (Seller).
Purchase Price: $25,000
Purpose: Purchase of a n approximately 298.2-square-
foot easement for a subsurface sewer tunnel.
Effective Date: The Purchase and Sale Agreement is effective on the date on which it is executed by both
parties, following Board of Supervisors and
Mayor approval . The Easement Deed will be
effective upon the date of recordation of the
Easement Deed by City’s Office of the
Assessor-Recorder.
Location: A subsurface portion of San Francisco
Assessor’s Parcel No. 5861-022, located at 495
Gaven Street , San Francisco, California,
94134.
Attachments: 1. Purchase and Sale Agreement Signed by Seller
2. Easement Deed Signed by Seller
3. Location Map
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) has developed Project. No. 10034360, Lower Alemany Area Stormwater Improvement s (Project) to improve collection system capacity and increase flood resilience during wet weather events within the Lower Alemany area in San Francisco (City) to comply with California Regional Water Quality Control Board Clean-up and Abatement Order R2-2021-0021; and
WHEREAS, The Project intends to construct a 10 -foot internal diameter tunnel, to be known as the Alemany Auxiliary Sewer . The tunnel would be installed from Stoneybrook Avenue, along Alemany Boulevard and Gaven Street, south of I-280, and along Boutwell Street northeast of the I -280/US-101 interchange. The tunnel would consist of an approximately 1.26- mile-long sewer line that connects to the existing Alemany Sewer, the Industrial Sewer, and the Islais Creek Transport/Storage Box, and
WHEREAS, The proposed tunnel alignment crosses under the driveways of three private residential properties at the western terminus of Gaven Street , including on property owned by Robert Tsui and Thuyen Ly Tsui, as Trustees of the Tsui Family Trust (Tsui Family or Property Owner). The Tsui Family property is located at 49 5 Gaven Street, San Francisco, California, designated as a portion of San Francisco Assessor’s Parcel No. 5861-022 (Property); and
WHEREAS, The Project requires the acquisition of a n approximately 298.2-square-foot easement for a subsurface sewer tunnel (the Easement) on the Property; and
WHEREAS, SFPUC staff, through consultation with the Office of the City Attorney, have negotiated with the Tsui Family the proposed terms and conditions of City’s acquisition of the Easement for a purchase price of $25,000, plus all escrow and recording fees , the title insurance costs, as set forth in the form of an Agreement for Purchase and Sale of Real Estate (Agreement) and Easement Deed to convey the Easement (Easement Deed); and
WHEREAS, The Property Owner accepted the City’s offer to purchase the Easement and signed the Agreement; and
WHEREAS, On March 25, 2025, the San Francisco Planning Department determined the Project to be categorically exempt under the California Environmental Quality Act (CEQA) Guidelines section 15301, Class 1 (Existing Facilities) and section 15303, Class 3 (New Construction or Conversion of Small Structures) under Case No. 2023- 000654ENV; now, therefore, be it
RESOLVED, That this Commission hereby approves the terms and conditions of the Purchase and Sale Agreement and authorizes and directs the General Manager to execute the Agreement and Easement Deed, subject to the approval of the Board of Supervisors and Mayor; and, be it
FURTHER RESOLVED, That this Commission hereby authorizes the General Manager to enter into and approve any amendments or modifications to the Agreement and Easement Deed, including without limitation, the exhibits, that the General Manager determines, in consultation with the City Attorney, are in the best interest of the City; do not materially increase the obligations or liabilities of the City; are necessary or advisable to effectuate the purposes and intent of the Agreement, Easement Deed, or this resolution; and are in compliance with all applicable laws, including the City Charter.
I hereby certify that the foregoing resolution was adopted by the San Francisco Public Utilities Commission at its meeting of December 9, 2025.
Director of Commission Affairs
San Francisco Public Utilities Commission
AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE
by and between
Robert Tsui and Thuyen Ly Tsui, as Trustees of the Tsui Family Trust as Seller,
and
CITY AND COUNTY OF SAN FRANCISCO,
a California municipal corporation, by and through its Public Utilities Commission, as Buyer,
for the purchase and sale of
a permanent tunnel easement
in, upon, and across a portion of
Assessor's Parcel Lot 022, Block 5861
located in the City and County of San Francisco,
California.
, 2025
1 495 Gaven St. Easement PSA (2-26-25))
TABLE OF CONTENTS
Page
1. PURCHASE AND SALE 1
1.1. Purchase and Sale of Easement 1
1.2. Easement Area; Nature of Easement 1
2. PURCHASE PRICE
2.1. Purchase Price
2.2. Payment
2.3. Funds
3. CONVEYANCE OF EASEMENT
3.1. Easement Deed
3.2. State of Title
3.3. Title Insurance 3
4. CONDITIONS TO CLOSING 3
4.1. City's Conditions to Closing 3
4.2. Cooperation with City 4
5. ESCROW AND CLOSING; POSSESSION 4
5.1. "Closing" Defined 4
5.7. Escrow; Closing Without an Escrow 5
5.3. Closing Date
5.4. Seller's Delivery of Documents
5.5. City's Delivery of Documents and Funds 6
5.6. Other Documents; Cooperation 7
5.7. Closing 7
5.8. Possession and Use. 7
6. EXPENSES; CLOSING COSTS 8
6.L City's Expenses 8
6.2. Seller's Expenses 8
6.3. Other Expenses 8
6.4. Survival 8
7. REPRESENTATIONS AND WARRANTIES 8
8. INDEMNITY 10
9. RISK OF LOSS 10
10. MAINTENANCE 10
495 Gaven St. Easement PSA (2-26-25))
11. DISMISSAL OF EMINENT DOMAIN ACTION
12. GENERAL PROVISIONS
10 1 1
12.1. Notices 1 1
12.2. Brokers and Finders 1 1
12.3. Successors and Assigns 12
12.4. Amendments; Waivers 12
12.5. Continuation and Survival of Representations and Warranties 12
12.6. Governing Law 12
12.7. Merger of Prior Agreements; No Inducement 13
12.8. Parties and Their Agents; Approvals 13
12.9. Interpretation of Agreement 13
12.10. Attorneys' Fees Error! Bookmark not defined.
12.11. Severability 14
12.12. Sunshine Ordinance 14
12.13. Conflicts of Interest 14
12.14. Notification of Limitations on Contributions 1
1 2. 15. Non-Liability of City Officials, Employees, and Agents 1 1 2. 16. Counterparts 1
12.17. Effective Date 15
12.18. Cooperative Drafting 1 6
12.19. Release of Claims 1 6
11 los" Gaven St. Easement PSA (2-26-25))
LIST OF EXHIBITS
EXHIBIT A Description of Seller's Property
EXHIBIT B From of Easement Deed
EXHIBIT C Preliminary Title Report
EXHIBIT D Certificate of Transferor Other Than An Individual (FIRPTA Affidavit) 495 Gaven St. Easement PSA (2-26-25))
AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE (this "Agreement") dated for reference purposes only as of
2025, is by and between ROBERT TSUI and THUYEN LY TSUI, as TRUSTEES of the TSUI FAMILY TRUST, U.D.T., dated March 31, 2018 ("Seller"), and the CITY AND COUNTY OF SAN FRANCISCO, a California municipal corporation ("City"), by and through its Public Utilities Commission ("SFPUC"). Seller and City sometimes are referred to collectively in this Agreement as the "Parties- or singularly as a "Party."
RECITALS
A. Seller owns the real property located at 495 Gaven Street in San Francisco, California, designated as Assessor's Parcel Number 5861-022 and more particularly described in the attached Exhibit A "Seller's Property."
B. In connection with the SFPUC Sewer System Improvement Program Project No. 10034360, Lower Alemany Area Stormwater Improvement Project, City wishes to purchase, and, Seller has agreed to sell a permanent tunnel easement (the "Easement") to City in, under, upon, along, and/or across a portion of Seller's Property ("Easement Area") in accordance with, and pursuant to, the terms and conditions of this Agreement.
IN CONSIDERATION of the respective agreements set forth below, Seller and City agree as follows:
1. PURCHASE AND SALE
1.1. Purchase and Sale of Easement
Seller will sell and convey the Easement to City by a duly executed and acknowledged easement deed in the form attached as Exhibit B (the "Deed"), subject to the terms, covenants, and conditions hereinafter set forth.
1.2. Easement Area; Nature of Easement
The Easement Area is described and depicted in the exhibits to the Deed. The nature, scope, and conditions of the Easement are set forth in the Deed with respect to such Easement. 495 Gaven St. Easement PSA (2-26-25))
2. PURCHASE PRICE
2.1. Purchase Price
The purchase price for the Easement is Twenty Five Thousand Dollars ($25,000.00), (- Purchase Price").
2.2. Payment
On the Closing Date (defined in Section 5.3 [Closing Date] below), City will pay the Purchase Price, adjusted pursuant to the provisions of Section 6 [Expenses; Closing Costs] below, and reduced by any credits due City under this Agreement.
2.3. Funds
All payments made pursuant to this Agreement will be in legal tender of the United States of America, paid by Controller's warrant or in cash or by wire transfer of immediately available funds. Unless the Parties elect to close the transaction without an escrow, payments will be made to the Title Company (defined in Section 5.2 [Escrow; Closing Without an Escrow] below), as the escrow agent.
3. CONVEYANCE OF EASEMENT
3.1. Easement Deed
At the Closing (defined in Section 5.1 ["Closing" Defined] below), Seller will convey to City marketable and insurable title to the Easement by delivery of the Deed, duly executed and acknowledged in the form attached as Exhibit B, free and clear of all exceptions, liens, and encumbrances except solely for the Accepted Conditions of Title (defined in Section 3.2 [State of Title] below). The Deed will be executed and delivered to the Title Company in a recordable form and the Title Company will record the Deed in the Official Records of the City and County of San Francisco.
3.2. State of Title
"Accepted Conditions of Title" will mean (a) the lien of real property taxes, not yet due or payable; and (b) all existing exceptions and encumbrances, whether or not disclosed by a current preliminary title report number 15609461-156-TJK-JM dated May 16, 2022 at 7:30 a.m. or the public records or any other documents reviewed by Buyer pursuant to Section 5.1 below, and any other exceptions to title that would be disclosed by an accurate and thorough investigation, survey, or inspection of the Property, and (e) all items of which Buyer has actual or constructive notice or knowledge. As a condition precedent to City's obligation to purchase, quitclaim deeds, a spousal waiver, lender's consents or subordinations, tenants' consents, or similar releases sufficient to clear or subordinate any possessory rights over the Easement Area may be required, at City's election, each in a form approved by City. Seller will secure any such waiver quitclaim deeds, consents, subordinations, or releases.
2 495 Gaven Si Easement PSA (2-26-25))
3.3. Title Insurance
Delivery of title in accordance with the preceding Section will be evidenced by the commitment of the Title Company (defined in Section 5.2 [Escrow; Closing Without an Escrow] below) to issue to City an CLTA owner's policy of title insurance ("Title Policy") in the amount of the Purchase Price, insuring title to the Easement vested in City, free of the liens of any and all deeds of trust, mortgages, assignments of rents, financing statements, rights of tenants or other occupants, and all other exceptions, liens and encumbrances except solely for the Accepted Conditions of Title. The Title Policy will provide full coverage against mechanics' and materialmen's liens arising out of the construction, repair, or alteration of the Easement, shall delete any required arbitration provision, and shall contain an affirmative endorsement that there are no violations of restrictive covenants, if any, affecting the Easement and will contain such special endorsements as City may reasonably request.
4. CONDITIONS TO CLOSING
4.1. City's Conditions to Closing
The following are conditions precedent to City's obligation to purchase the Easement (collectively, "Conditions Precedent"):
(a) City will have reviewed and approved title to the Easement Area and accepts all conditions of title.
(b) City's review and approval that the physical condition of all portions of the Easement Area are substantially the same on the Closing Date (defined in Section 5.3 [Closing Date] below) as on the date of City's execution of this Agreement, reasonable wear and tear and loss by casualty excepted (subject to the provisions of Section 9 [Risk of Loss] below), and as of the Closing Date there will be no litigation or administrative agency or other governmental proceeding, pending, or threatened, that after the Closing could materially adversely affect the value of the Easement or City's ability to use all portions of the Easement Area for their respective intended use, and no proceedings will be pending or threatened that could or would cause the change, re-designation, or other modification of the zoning classification of, or of any building or environmental code requirements applicable to, any portion(s) of the Easement Area. (c) Seller will have delivered signed originals of any documents required under Section 3.2 [State of Title] above, and, unless the Parties elect to consummate the transaction without an escrow, Title Company will be committed at the Closing to issue to City the Title Policy (defined in Section 3.3 [Title Insurance] above).
(d) City's review and approval of the compliance of the Easement Area with all applicable laws, regulations, permits and approvals.
(e) The transactions contemplated by this Agreement will have been approved by all applicable City departments and agencies, including the San Francisco Public Utilities Commission, at their respective sole discretion, within ninety (90) days after Seller executes and delivers this Agreement to City.
(I) If required by City's Charter, City's Mayor and the Board of Supervisors, each at their sole discretion, will have enacted a resolution approving, adopting, and authorizing 3 495 Gaven St. Easement PSA (2,26-25))
this Agreement and the transactions contemplated by this Agreement, within one hundred eighty (180) days after Seller executes and delivers this Agreement to City. (g) Seller will have delivered the items described in Section 5.4 [Seller's Delivery of Documents] below on or before the Closing (defined in Section 5.1 ["Closing" Defined] below).
The Conditions Precedent contained in the foregoing subsections (a) through (g) are solely for City's benefit. If any Condition Precedent is not satisfied, City will have the right at its sole discretion either to waive in writing the Condition Precedent in question and proceed with the purchase with respect to the Easement (provided that the Conditions Precedent described in subsections (e) and (f) above may not be waived except insofar as City elects to extend the deadline for satisfying such item) or, in the alternative, terminate this Agreement. The waiver of any Condition Precedent will not relieve Seller of any liability or obligation with respect to any representation, warranty, covenant, or agreement of Seller. In addition, the Closing Date may be extended, at City's option, for a reasonable period of time specified by City, to allow such Conditions Precedent to be satisfied, subject to City's further right to terminate this Agreement upon the expiration of the period of any such extension if any Conditions Precedent remain unsatisfied.
If the sale of the Easement is not consummated because of a default under this Agreement on the part of Seller or if a Condition Precedent cannot be fulfilled because Seller frustrated such fulfillment by some affirmative act or negligent omission, at City's sole election City may either (i) terminate this Agreement by delivery of notice of termination to Seller, whereupon Seller shall pay to City any title, escrow, legal, and inspection fees incurred by City and any other expenses incurred by City in connection with the performance of its due diligence review of Seller's Property, and neither Party will have any further rights or obligations under this Agreement, or (ii) elect to proceed with Closing of the Easement with respect to which all Conditions Precedent have been waived by City or satisfied.
4.2. Cooperation with City
Seller will cooperate with City and do all acts as may be reasonably requested by City with regard to the fulfillment of any Conditions Precedent including execution of any documents, applications, or permits, but Seller's representations and warranties to City will not be affected or released by City's waiver or fulfillment of any Condition. Seller hereby irrevocably authorizes City and its Agents to make all inquiries with and applications to any person or entity, including, without limitation, any regulatory authority with jurisdiction as City may reasonably require to complete its due diligence investigations. Within thirty (30) days of Seller's execution of this Agreement, Seller will provide to City copies of all leases, occupancy agreements, licenses. easements, or modifications to the same that allow the holder of the rights to make improvements to the Easement Area.
5. ESCROW AND CLOSING; POSSESSION
5.1. "Closing" Defined
The consummation of the purchase and sale transaction contemplated by this Agreement (-Closing") will occur as provided in this Section 5.
4 495 Gavot St. Easement PSA (2-26-25))
5.2. Escrow; Closing Without an Escrow
(a) Unless the Parties agree to consummate the purchase and sale without an escrow as provided in subparagraph (b) below: (i) on or before the Effective Date (defined in Section 12.18 [Effective Date] below), the Parties will open escrow by depositing an executed counterpart of this Agreement with Chicago Title Company at its offices at 150 Spear Street, Suite 825, San Francisco, California 94105 ("Title Company"); (ii) this Agreement will serve as instructions to the Title Company as the escrow holder for consummation of the purchase and sale contemplated hereby; (iii) Seller hereby authorizes City to prepare and submit supplemental escrow instructions on behalf of both Parties, as needed, to enable the Title Company to comply with the terms of this Agreement and close the transaction; provided, however, that in the event of any conflict between the provisions of this Agreement and any additional supplementary instructions, the terms of this Agreement shall control and (iv) the Closing will be held and delivery of all items to be made at the Closing under this Agreement will be made at the Title Company's offices.
(b) Notwithstanding the foregoing, the Parties may elect by mutual agreement to consummate the purchase and sale without an escrow, in which event the Closing will occur as described in Section 5.7(b) [Closing Without Escrow] below.
5.3. Closing Date
The Closing will occur one hundred and twenty days (120) days after the Effective Date or on such earlier date as City and Seller may mutually agree ("Closing Date"), subject to the provisions of Section 4 [Conditions to Closing] above. The Closing Date may not be extended without the prior written approval of both Parties, except as otherwise expressly provided in this Agreement. If the Closing does not occur on or before the Closing Date and the Parties have deposited documents or funds in escrow, Title Company will, unless it is notified by both Parties to the contrary within five (5) business days after the Closing Date, return such items to the depositor thereof. Any such return shall not, however, limit the provisions hereof or otherwise relieve either Party of any liability it may have for its wrongful failure to close.
5.4. Seller's Delivery of Documents
(a) At or before the Closing, Seller will deliver or cause to be delivered to City the following:
(1) a duly executed and acknowledged Deed;
(ii) such resolutions, authorizations, or other documents as Seller deems necessary or City may reasonably require to demonstrate the authority of Seller to enter into this Agreement and consummate the transactions contemplated by this Agreement, and such proof of the power and authority of the individuals executing any documents or other instruments on behalf of Seller to act for and bind Seller;
(iii) any documents needed in order to eliminate title exceptions other than Accepted Conditions of Title;
495 Gaven St. Easement PSA (2-26-25))
(iv) a closing statement in form and content satisfactory to City and Seller (which may be in the form of a letter or memorandum from City, countersigned by Seller, if the Parties elect to consummate the transaction without an escrow); (v) quitclaim deeds, spousal waivers, lender's consents or subordinations, tenants' consents, or similar releases sufficient to clear or subordinate any possessory rights over the Easement Area as may be required, at City's election, each in a form approved by City;
(vi) a properly executed affidavit pursuant to Section 1445(b)(2) of the Federal Tax Code in the form attached as Exhibit D, and on which City is entitled to rely, that Seller is not a "foreign person" within the meaning of Section 1445(0(3) of the Federal Tax Code; and
(vii) a properly executed California Franchise Tax Board Form 590 certifying that Seller is a California resident (if Seller is an individual) or that Seller has a permanent place of business in California or is qualified to do business in California, if Seller is a corporation, or other evidence satisfactory to City that Seller is exempt from the withholding requirements of Section 18662 of the California Revenue and Taxation Code. Seller acknowledges and agrees that if Seller fails at Closing to deliver to City such certificate, City may be required to withhold and remit to the appropriate tax authority a portion of the Purchase Price pursuant to Section 18662 of the California Revenue and Taxation Code. Any amount properly so withheld and remitted will be deemed to have been paid by City as part of the Purchase Price, and Seller's obligation to consummate the transaction contemplated in this Agreement will not be excused or otherwise affected thereby.
(b) Seller will deliver such items to City through escrow, unless the Parties elect to close the transaction without an escrow in which event Seller will deliver the items directly to City for a Closing in accordance with Section 5.7(b) [Closing Without Escrow] below.
5.5. City's Delivery of Documents and Funds
(a) At or before the Closing, City will deliver to Seller the following:
(i) a certificate of acceptance, executed by City's Director of Property or Acting Director of Property, to be attached to the Deed before recording; (ii) a closing statement in form and content satisfactory to City and Seller (which may be in the form of a letter or memorandum from City to Seller if the Parties elect to consummate the transaction without an escrow);
(iii) funds sufficient to pay City's share of expenses under Section 6 [Expenses; Closing Costs] below; and
(iv) the Purchase Price, as provided in Section 2 [Purchase Price] above. (b) City will deliver such documents and funds through escrow; however, if the Parties elect to consummate the transaction without an escrow, City will deliver the funds and documents as provided in Section 5.7(b) [Closing Without Escrow] below. 6 495 Gaven St. Easement PSA (2-26-25))
5.6. Other Documents; Cooperation
Seller and City will perform such further acts and execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the Parties' intentions.
5.7. Closing
(a) Closing through Escrow. Subject to Section 5.7(b) [Closing Without Escrow] below, at Closing, provided all the conditions to the Parties' obligations have been satisfied or waived as provided and permitted by this Agreement, Title Company will perform the following acts in the following order:
(I) Perform such acts as are necessary in order to deliver title to City subject only to the Accepted Conditions of Title, including recording any deed of reconveyance, subordination agreement, or other documentation as specified in supplemental escrow instructions submitted by City before Closing;
(ii) Record the Deed, duly executed and acknowledged by Seller, in the Official Records of the City and County of San Francisco; (iii) Deliver to Seller, or as Seller may instruct, the Purchase Price, less any amount necessary to satisfy any liens, bond demands, delinquent taxes, and Seller's share of expenses and prorations under Section 6 [Expenses; Closing Costs] below; (iv) Issue the Title Policy to City, if requested to do so by City; and (v) Deliver to the appropriate person or entity any other documents, instruments, and sums required by this Agreement.
(b) Closing without Escrow. If the Parties elect to consummate the purchase and sale without an escrow, City will effect the Closing on the Closing Date as follows:
(0 City will: (A) deliver to Seller, or as Seller may instruct, the Purchase Price (less any amount necessary to satisfy any liens, bond demands, delinquent taxes, and Seller's share of expenses and prorations, if applicable, under Section 6 [Expenses; Closing Costs] below, and (B) cause the certificate of acceptance for the Deed to be executed, when:
(1) City has received Seller's documents in accordance with Section 5.4 [Seller's Delivery of Documents] above, and (2) City has received the Deed conveying the Easement to City duly acknowledged and in a recordable form, subject only to the Accepted Conditions of Title, obtain the Title Policy (if City elects to do so), and deliver to the appropriate person or entity any other documents, instruments, and sums required by this Agreement.
5.8. Possession and Use
Subject to the provisions of the Deed, the right of possession and use of the Easement Area by City and/or its designees will commence on the Closing Date. 7 495 Gaven St. Easement PSA (2-26-25))
6. EXPENSES; CLOSING COSTS
6.1. City's Expenses
City will pay all escrow and recording fees and the premium for the Title Policy and the cost of the endorsements thereto.
6.2. Seller's Expenses
Seller will pay all costs incurred in connection with the prepayment or satisfaction of any loan, bond, or other indebtedness secured in whole or part by any portion of the Easement Area including any prepayment or delinquency fees, penalties, or charges. Seller also will pay at the Closing any delinquent taxes that may have become a lien against Seller's Property.
6.3. Other Expenses
Any other costs and charges of the escrow not otherwise provided for in this Section or elsewhere in this Agreement will be allocated in accordance with the closing customs for the City and County of San Francisco, as determined by Title Company.
6.4. Post-Closing Reconciliation
If any of the foregoing prorations cannot be calculated accurately on the Closing Date, then they shall be calculated as soon after the Closing Date as feasible. Either Party owing the other Party a sum of money based on such subsequent prorations shall pay such sum to the other Party.
6.5. Survival
The provisions of this Section 6 will survive the Closing.
7. REPRESENTATIONS AND WARRANTIES
Seller represents and warrants to and covenants with City as follows:
(a) Ownership of Property. Although Seller is obligated to sell the Easement to City, Seller is now the sole fee owner of Seller's Property, and will own it at the time of the Closing, free and clear of all liens, leases, occupancy agreements, claims, encumbrances, easements, and rights of way of any nature (whether disclosed in the public record or not), except only the Accepted Conditions of Title and City's rights to acquire the Easement Area as set forth in this Agreement.
(b) Signing Authority. Seller and the signatories on Seller's behalf represent and warrant that the signatories on Seller's behalf to this Agreement are authorized to enter into this Agreement to convey real property and that no other authorizations are required to implement this Agreement on behalf of Seller.
(c) No Leases. There are now, and will be at the time of Closing, no oral or written leases, occupancy agreements, licenses, or easements affecting any portion of the Easement Area or that would affect City's access to or use of any portion of the Easement Area, as contemplated by the Deed.
8 495 Qaven St. Easement PSA (2-26-25))
(d) No Property Defects or Legal Violations. To the best of Seller's knowledge, there are now, and at the time of the Closing will be, no material physical defects of any portion of the Easement Area, and no violations of any laws, rules, or regulations applicable to any portion of the Easement Area.
(e) No Omission of Facts. No document or instrument furnished or to be furnished by the Seller to the City in connection with this Agreement contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
(f) No Impediments to Use. Seller knows of no facts nor has Seller failed to disclose any fact that would prevent City from using the Easement after Closing in the normal manner as described in, and intended by the Parties to, the Deed. Seller does not have knowledge of any condemnation, either instituted or planned to be instituted by any governmental or quasi- governmental agency other than City, which could detrimentally affect the use, operation or value of the Easement Area
(g) Validity of Seller Representations. Seller is an unmarried woman and has fee to the Easement Area as Seller's sole and separate property; this Agreement and all documents executed by Seller which are to be delivered to City at the Closing are, or at the Closing will be, duly authorized, executed and delivered by Seller, are, or at the Closing will be, legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms, are, and at the Closing will be, sufficient to convey good and marketable title (if they purport to do so), and do not, and at the Closing will not, violate any provision of any agreement or judicial order to which Seller is a party or to which Seller or the Seller's Property is subject. (h) Seller Not a "Foreign Person". Seller is not a "foreign person" within the meaning of Section 1445(0(3) of the Federal Tax Code.
(0 No Lawsuits. There are no lawsuits or proceedings pending or, to the best Of Seller's knowledge, threatened against or affecting Seller, Seller's Property, or its use that would affect Seller's ability to consummate the sale contemplated by this Agreement or City's use and enjoyment of the Easement after the Closing.
(i) No Known Hazardous Materials. To the best of Seller's knowledge, there has been no release and there is no threatened release of any. Hazardous Material in, on, under, or about Seller's Property. As used herein, "Hazardous Material" will mean any material that, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" or - threatened release" when used with respect to Hazardous Material will include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or inside any of the improvements, or in, on, under, or about the Easement Area. Release will include "release" as defined in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601). 9 495 Gaven St Easement PSA (2-26-25))
8. INDEMNITY
Seller, on behalf of itself and its successors and assigns, hereby agrees to indemnify, defend and hold harmless City, its Agents (defined in Section 12.8 [Parties and Their Agents; Approvals] below) and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses and expenses, including reasonable attorneys' and consultants' fees, resulting from any misrepresentation or breach of warranty or breach of covenant made by Seller in this Agreement or in any document, certificate, or exhibit given or delivered to City pursuant to or in connection with this Agreement. The foregoing indemnity includes costs incurred in connection with the investigation of site conditions and all activities required to locate, assess, evaluate, remediate, cleanup, remove, contain, treat, stabilize, monitor or otherwise control any Hazardous Material. The indemnification provisions of this Section shall survive beyond the Closing, or beyond any termination of this Agreement.
9. RISK OF LOSS
If any portion of the Easement Area is damaged or destroyed before the Closing Date, then the rights and obligations of Seller and City under this Agreement will be as follows: At its election, City may terminate this Agreement in its entirety or terminate it only as to that portion of the Easement Area damaged or destroyed. City will have thirty (30) days after Seller notifies City that an event described in this Section ,9 has occurred to make such election by delivery to Seller of an election notice. City's failure to deliver such notice within such thirty (30) -day period will be deemed City's election to terminate this Agreement in its entirety. If this Agreement is terminated in its entirety or in part pursuant to this Section 9, then City and Seller will each be released from all obligations under this Agreement pertaining to that portion of the Easement Area affected by such termination. If City elects not to terminate this Agreement in its entirety, Seller will give City a credit against the Purchase Price at the Closing in an amount proportionate to the percentage reduction, if any, of the square footage of the Easement Area, and this Agreement will remain in full force and effect.
10. MAINTENANCE
Between the date of Seller's execution of this Agreement and the Closing, Seller will maintain Seller's Property in its current condition and will make, at Seller's expense, all repairs necessary to maintain Seller's Property in such condition. Seller will make no changes to the Easement Area without City's prior, written consent, which will not be unreasonably withheld or delayed.
11. DISMISSAL OF EMINENT DOMAIN ACTION
Seller hereby agrees and consents to the dismissal of any pending action in eminent domain by City as to Seller's Property or any portion thereof and Seller also waives all claims to court costs and any money that may now be on deposit in the Superior Court in such action. 10 495 Gaven St. Easement PSA (2-26-25))
12. GENERAL PROVISIONS
12.1. Notices
Any notice, consent, or approval required or permitted to be given under this Agreement will be in writing and will be given by (a) hand delivery, against receipt, (b) reliable next-business- day courier service that provides confirmation of delivery, or (c) United States registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or to such other address as either Party may from time to time specify in writing to the other upon five (5) days' prior, written notice in the manner provided above):
City:
To: General Manager
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, California 94102
San Francisco Public Utilities Commission
Real Estate Services Division
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Attn: Real Estate Director
with copy to: Nancy Taylor
Deputy City Attorney
Office of the City Attorney
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102-4682
Seller:
To: Robert and Thuyen Ly Tsui
495 Gaven St.
San Francisco, CA 94134
A properly addressed notice transmitted by one of the foregoing methods will be deemed received upon the confirmed date of delivery, or rejected delivery. Any e-mail addresses, telephone numbers, or facsimile numbers provided by one Party to the other will be for convenience of communication only; neither Party may give official or binding notice orally or by e-mail or facsimile. The effective time of a notice will not be affected by the receipt, prior to receipt of the original, of an oral notice or an e-mail or telefacsimile copy of the notice.
12.2. Brokers and Finders
Neither Party has had any contact or dealings regarding the Easement, or any communication in connection with the subject matter of this Agreement, through any licensed real estate broker or other person who could claim a right to a commission or finder's fee in connection with the purchase and sale contemplated by this Agreement. In the event that any broker or finder perfects a claim for a commission or finder's fee based upon any such contact, dealings, or 11 495 Gaven St. Easement PSA (2-26-25))
communication, the Party through whom the broker or finder makes his or her claim will be responsible for such commission or fee and will indemnify and hold harmless the other Party from all claims, costs, and expenses (including reasonable attorneys' fees and disbursements) incurred by the indemnified Party in defending against the same. The provisions of this Section will survive the Closing.
12.3. Successors and Assigns
This Agreement will be binding upon, and inure to the benefit of, the Parties and their respective successors, heirs, administrators, and assigns.
12.4. Amendments; Waivers
Except as otherwise provided in this Agreement, (a) this Agreement may be amended or modified only by a written instrument executed by City and Seller, (b) no waiver of any provision of this Agreement will be binding unless executed in writing by the Party making the waiver, (c) no waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision, whether or not similar, and (d) no waiver will constitute a continuing waiver unless the written waiver so specifies.
12.5. Continuation and Survival of Representations and Warranties All representations and warranties by the respective Parties contained in, or made in writing pursuant to, this Agreement are intended to be, and will remain, true and correct as of the Closing, will be deemed to be material, and, together with all conditions, covenants, and indemnities made by the respective Parties contained in this Agreement or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), will survive the execution and delivery of this Agreement and the Closing, or, to the extent the context requires, beyond any termination of this Agreement. All statements contained in any certificate or other instrument delivered at any time by or on behalf of Seller in conjunction with the transaction contemplated by this Agreement will constitute representations and warranties under this Agreement.
12.6. Governing Law
This Agreement will be governed by California law and City's Charter. There will be no obligation for the payment of money by City under this Agreement unless City's Controller first certifies, pursuant to Section 3.105 of City's Charter, that there is a valid appropriation from which the expenditure may be made and that unencumbered funds are available from the appropriation to pay the expenditure.
Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the Superior Court for the City and County of San Francisco, and each party agrees to the exclusive jurisdiction of such court in any such suit, action, or proceeding (excluding bankruptcy matters). The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such court and irrevocably waive and agree not to plead or claim that any suit, action, or proceeding brought in San Francisco Superior Court relating to this Agreement has been brought in an inconvenient forum. 12 495 Gaven St. Easement PSA (2-26-25))
12.7. Merger of Prior Agreements; No Inducement
The Parties intend that this Agreement (including all of the attached exhibits and schedules and any documents specifically described in this Agreement, which are hereby incorporated into this Agreement by reference) will be the final, complete, and exclusive expression of their agreement with respect to the subject matter of this Agreement and may not be contradicted by evidence of any prior or contemporaneous oral or written agreements or understandings. The Parties further intend that this Agreement will constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever (including term sheets and prior drafts or changes to such drafts) may be introduced in any judicial, administrative, or other legal proceeding involving this Agreement. The Parties' making, execution, and delivery of this Agreement has been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement.
12.8. Parties and Their Agents; Approvals
The term "Seller" as used in this Agreement will include the plural as well as the singular.
If there is more than one (1) Seller, then the obligations under this Agreement imposed on Seller will be joint and several. As used herein, the term "Agents" when used with respect to either Party will include the agents, employees, officers, contractors, and representatives of such Party. Subject to applicable law, all approvals, consents, or other determinations permitted or required by City under this Agreement will be made by or through the General Manager of City's Public Utilities Commission or City's Director of Property or Acting Director of Property, unless otherwise provided in this Agreement.
12.9. Interpretation of Agreement
The article, section, and other headings of this Agreement and the table of contents are for convenience of reference only and will not affect the meaning or interpretation of any provision contained in this Agreement. Whenever the context so requires, the use of the singular will be deemed to include the plural and vice versa, and each gender reference will be deemed to include the other and the neuter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in his Agreement. In addition, each Party has been represented or had the opportunity to be represented by experienced and knowledgeable legal counsel. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it is not applicable and is waived. Use of the word "including" or similar words will not be construed to limit any general term, statement, or other matter in this Agreement, whether or not language of non-limitation, such as "without limitation" or similar words, are used. The provisions of this Agreement will be interpreted in a reasonable manner to affect the purposes of the Parties and this Agreement.
12.10. Attorne3, s' Fees
In the event that either party hereto fails to perform any of its obligations under this Agreement or in the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the non-prevailing party in such dispute, as the case may be, shall pay the prevailing party reasonable attorneys' and experts' fees and costs, and all court costs and other costs of action incurred by the prevailing party in connection with the 13 495 Gaven St. Easement PSA (2-26-25))
prosecution or defense of such action and enforcing or establishing its rights hereunder (whether or not such action is prosecuted to a judgment). For purposes of this Agreement, reasonable attorneys' fees of the City's Office of the City Attorney shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the subject matter area of the law for which the City Attorney's services were rendered who practice in the City of San Francisco in law firms with approximately the same number of attorneys as employed by the Office of the City Attorney. The term "attorneys' fees" shall also include, without limitation, all such fees incurred with respect to appeals, mediations, arbitrations, and bankruptcy proceedings, and whether or not any action is brought with respect to the matter for which such fees were incurred. The term "costs" shall mean the costs and expenses of counsel to the parties, which may include printing, duplicating and other expenses, air freight charges, hiring of experts, and fees billed for law clerks, paralegals, and others not admitted to the bar but performing services under the supervision of an attorney.
12.11. Seller Tax Obligations
Seller acknowledges that under Section 6.10-2 of the San Francisco Business and Tax Regulations Code, the City Treasurer and Tax Collector may require the withholding of payments to any vendor that is delinquent in the payment of any amounts that the vendor is required to pay the City under the San Francisco Business and Tax Regulations Code ("Delinquent Payment"). If, under that authority, any payment City is required to make to Seller under this Agreement is withheld because Seller owes the City a Delinquent Payment, then City will not be in breach or default under this Agreement, and the Treasurer and Tax Collector will authorize release of any payments withheld under this paragraph to Seller, without interest, late fees, penalties, or other charges, upon Seller coming back into compliance with its San Francisco Business and Tax Regulations Code obligations.
12.12. Severability
If any term or provision of this Agreement, or the application of any term or provision of this Agreement to any person or circumstances, will to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each provision of this Agreement will be valid and will be enforceable to the extent permitted by law.
12.13. Sunshine Ordinance
Seller understands and agrees that under City's Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) and the State Public Records Law (Gov. Code Section 7920 et seq.), this Agreement and any and all records, information, and materials submitted to City under this Agreement are public records subject to public disclosure. Seller hereby acknowledges that City may disclose any records, information, and materials submitted to City in connection with this Agreement.
12.14. Conflicts of Interest
Through its execution of this Agreement, Seller acknowledges that it is familiar with the provisions of Section 15.103 of the San Francisco Charter, Article III, Chapter 2 of City's Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. 14 495 Gaven St. Easement PSA (2-26-25))
of the Government Code of the State of California, and certifies that it does not know of any facts that would constitute a violation of those provisions, and agrees that if Seller becomes aware of any such fact during the term of this Agreement, Seller will immediately notify City.
12.15. Notification of Limitations on Contributions
•Through its execution of this Agreement, Seller acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with the City for the selling or leasing of any land or building to or from any department of the City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (1) the City elective officer, (2) a candidate for the office held by such individual, or (3) a committee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or twelve (12) months after the date the contract is approved. Seller acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. Seller further acknowledges that the (i) prohibition on contributions applies to each Seller; each member of Seller's board of directors, and Seller's chief executive officer, chief financial officer and chief operating officer; any person with an ownership interest of more than ten percent (10%) in Seller; any subcontractor listed in the contract; and any committee that is sponsored or controlled by Seller; and (ii) within thirty (30) days of the submission of a proposal for the contract, the City department with whom Seller is contracting is obligated to submit to the Ethics Commission the parties to the contract and any subcontractor. Additionally, Seller certifies that Seller has informed each of the persons described in the preceding sentence of the limitation on contributions imposed by Section 1.126 by the time it submitted a proposal for the contract, and has provided the names of the persons required to be informed to the City department with whom it is contracting.
12.16. Non-Liability of City Officials, Employees, and Agents Notwithstanding anything to the contrary in this Agreement, no elective or appointive board, commission, member, officer, employee, agent, or consultant of City will be personally liable to Seller, its successors and assigns, in the event of any default or breach by City or for any amount that may become due to Seller, its successors and assigns, or for any obligation of City under this Agreement.
12.17. Counterparts
This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument.
12.18. Effective Date
As used in this Agreement, the term "Effective Date" will mean the date on which the execution and delivery of this Agreement by both Parties is concluded and the transactions contemplated by the Agreement will have been authorized (a) in a manner required by law governing Seller, (b) by a duly adopted resolution of the San Francisco Public Utilities 15 495 Gaven Si Easement PSA (2-26-25))
Commission, and (e) if required by City's Charter, by a duly adopted resolution of City's Board of Supervisors and Mayor.
12.19. Cooperative Drafting
This Agreement has been drafted through a cooperative effort of the Parties, and the Parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No Party will be considered the drafter of this Agreement, and no presumption or rule that an ambiguity will be construed against the Party drafting the clause will apply to the interpretation or enforcement of this Agreement.
12.20. Release of Claims
Seller, for itself, its agents, heirs, assigns, successors in interest, and any related or affiliated entities, hereby, following execution of this Agreement by the Parties, fully releases and discharges City, its agents, employees, officers, directors, divisions, attorneys, accountants, insurers, successors, and other representatives, and any and all related or affiliated private or public agencies or entities, from any and all causes of action, actions, judgments, liens, indebtedness, obligations, losses, claims, damages, expenses, liabilities, and demands, including any claim arising out of or pertaining to, directly or indirectly, the acquisition or use of the property interest described in this Agreement and/or the construction of any improvements thereon, including inverse condemnation, nuisance, severance damages, relocation benefits, reestablishment benefits, the cost or value of any equipment or fixtures, attorneys' fees and costs, loss of goodwill, construction-related dust, noise, traffic, and other related construction activity, and lost rentals or business associated with construction of any improvements, and any other types of related losses or damages.
Seller acknowledges that it may hereafter discover facts or law different from, or in addition to that which it now believes to be true with respect to his/her release of claims as set forth in this Agreement, and understands that by executing this Agreement it is waiving any rights of claims for any other or future benefits or damages to which it might be entitled which are not specifically exempted herein. In giving this release, Seller expressly waives the protection of Civil Code Section 1542, which statute provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
If this Agreement is terminated prior to Closing, this Section 12.20 will have no force or effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
AGREEMENT, SELLER ACKNOWLEDGES AND AGREES THAT NO OFFICER OR
EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT
UNLESS AND UNTIL APPROPRIATE LEGISLATION OF CITY'S PUBLIC UTILITIES
COMMISSION (AND, IF REQUIRED BY CITY'S CHARTER, APPROPRIATE
LEGISLATION OF CITY'S BOARD OF SUPERVISORS) WILL HAVE BEEN DULY
ENACTED APPROVING THIS AGREEMENT AND AUTHORIZING THE TRANSACTIONS 16 495 Gaven St EastmentiPSA•(2,2&25))
CONTEMPLATED BY THIS AGREEMENT. THEREFORE, ANY OBLIGATIONS OR LIABILIfIES OF CITY UNDER THIS AGREEMENT ARE CONTINGENT UPON THE DUE ENACTMENT OF SUCH LEGISLATION.
[Signatures on next page]
17 495 Gaven St. Easement PSA (2-26-25))
Date: 7
The Parties have duly executed this Agreement as of the respective dates written below.
SELLER: ROBERT TSUI and THUYEN LY TSUI, as
TRUSTEES of the TSUI FAMILY TRUST,
U.D.T., dated March 31, 2018
By: (itert -e -e-
OBERT TSUI, Trustee
By: r(A.stpe, TH YE LY T d Tratee
Date: 7 /31 /7--o2_s'
CITY: CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By:
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
Date:
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Nancy Taylor
Deputy City Attorney
188
495 Gaven St. Easement PSA (2-26-25))
TITLE COMPANY'S ACKNOWLEDGMENT
[Applicable only when the Parties will close the transaction through an escrow] Title Company agrees to act as escrow holder in accordance with the terms of this Agreement. Title Company's failure to execute below will not invalidate the Agreement between the Parties.
TITLE COMPANY: CHICAGO TITLE COMPANY
By:
[NAME]
Its:
Date:
[When Seller and City have delivered a copy of this Agreement for Purchase and Sale of Real Estate, executed by Seller and City, to escrow, Title Company should sign this page and transmit a copy to Seller and City. Seller and City agree that a photocopy, scanned copy or faxed copy is adequate for this purpose.]
18 495 Gaven St. Easement PSA (2-26-25))
EXHIBIT A
Description of Seller's Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN FRANCISCO IN THE COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 22, as shown on that certain map entitled "Map of Gaven Street Subdivision", filed October 7, 1992, in Book "Y" of Maps, at Pages 87 to 89, inclusive, in the office of the Recorder of the City and County of San Francisco, State of California.
APN: Lot 022, Block 5861
495 (laven St. Easement PSA (2-26-25))
A-1
B-1
EXHIBIT B
Form of Easement Deed
[See attached]
B-1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Director of Property
Real Estate Division
City and County of San Francisco
25 Van Ness Avenue, Suite 400
San Francisco, California 94102
With a conformed copy to:
San Francisco Public Utilities Commission
Real Estate Services Division
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Attn: Real Estate Director
And to:
Robert and Thuyen Ly Tsui
495 Gaven St.
San Francisco, CA 94134
The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and
Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105)
APN: 5861-022 SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT TSUI and THUYEN LY TSUI, as TRUSTEES of the TSUI FAMILY TRUST, U.D.T., dated March 31, 2018 (“Grantor”), hereby grants to the CITY AND COUNTY OF SAN FRANCISCO, a California municipal corporation (“City”), through its Public Utilities Commission (“SFPUC”), a permanent tunnel easement (“Easement”) in, under, upon, along, and/or across certain portions of Grantor’s real property located in the City and County of San Francisco, State of California, more particularly described on the attached Exhibit A and depicted on the attached Exhibit B (the “Easement Area”).
Grantor will retain such rights and privileges to use the Easement Area as are not inconsistent with this Easement, subject to the conditions, covenants, and restrictions in this Deed.
Grantor will not do or allow anything in, on, under, or about the Easement Area that could damage or interfere with City’s Facility (as defined in Section 1 [Nature of Easement]).
1. Nature of Easement. The Easement is a perpetual, nonexclusive easement in gross for the purposes of constructing, boring, installing, maintaining, operating, using, repairing, modifying, removing, and replacing a subsurface sewer tunnel (“City’s Tunnel”). City shall have no right of surface access to the Easement Area. City’s rights under this Deed may be exercised by City’s agents, utility operators, contractors, subcontractors, suppliers, consultants, employees, licensees, invitees, or representatives, or by other authorized persons acting for or on behalf of City (collectively, “Agents”).
B-2
2. Subject to Superior and Existing Rights . The rights granted by this Deed are expressly subordinate to Grantor’s rights to use the surface and subsurface of the Easement Area for vehicular, pedestrian and utility purposes; provided, however, that such installation, operation, maintenance, repair, or replacement will not (i) endanger or damage City’s Tunnel; (ii) require City to relocate, modify or remove City ’s Tunnel; or (iii) unreasonably restrict or interfere with City’s rights under this Deed. The Easement is subject to any existing recorded property rights of third parties. City will be solely liable for its interference with any prior and existing third- party rights. Grantor reserves the right to grant, at its sole and absolute discretion, nonexclusive rights to other third parties within the Easement Area, provided that any such grants will not (a) require City to relocate, modify, or remove City ’s Tunnel, (b) conflict with the terms of this Easement Deed, or (c) unreasonably restrict or interfere with City’s rights under this Deed.
3. Maintenance of Improvements. Intentionally left blank.
4. Indemnification. City will indemnify, defend, and hold Grantor harmless from and against any direct injury, loss, damage, or liability, costs, or expenses (including reasonable attorneys’ fees and court costs) resulting from City’s use of the Easement Area, except to the extent attributable to the negligent or intentional act or omission of Grantor or its Agents.
5. No Dumping or Hazardous Materials . Neither Grantor nor City will cause or permit the dumping or other disposal on or about the Easement Area of refuse, hazardous materials, or other materials that are unsightly or could pose a danger to human health or safety or to the environment.
6. Run with the Land. The provisions, covenants, conditions, and restrictions provided in this Deed will be covenants running with the land pursuant to California Civil Code Sections 1468 and 1471 and will burden and benefit every person having an interest in the Easement Are a. Any reference to Grantor in this Deed will include Grantor's agents and all successor owners of all or any part of the Easement Area.
7. Notices. Notices and other deliveries pursuant to this Deed may be delivered by private messenger service, mail, overnight courier, or delivery service. Any notice or document required or permitted to be delivered by either party will be in writing and will be d eemed to be given on the date received by, or on the date receipt was refused by the party; provided, however, that all notices and documents: (a) mailed to a party in the United States Mail, postage prepaid, certified mail, return receipt requested, will be deemed to have been received five (5) postal days after mailing; or (b) delivered by a nationally recognized overnight courier or delivery service will be deemed received the next business day after deposit with a nationally recognized overnight courier or delivery service for overnight delivery. For all purposes the address of the parties will be the following, unless otherwise changed by the party by notice to the other as provided in this subparagraph:
B-3
To GRANTOR: Robert and Thuyen Ly Tsui
495 Gaven Street
San Francisco, CA 94134
To GRANTEE: General Manager
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, California 94102
With a copy to: Real Estate Director
Real Estate Services Division
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Email: [email protected]
And to: Attn: Real Estate /Finance
Office of the City Attorney
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102
A properly addressed notice transmitted by one of the foregoing methods will be deemed received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever occurs first. Any e -mail addresses, telephone numbers, or facsimile numbers provided by one party to the other will be for convenience of communication only; neither party may give official or binding notice orally or by email or facsimile. The effective time of a notice will not be affected by the receipt, prior to receipt of the original, of an oral notice or an email or telefacsimile copy of the notice.
8. Abandonment of Easement. Grantee may, at its sole option, abandon all or part of the Easement by recording a quitclaim deed. Upon abandonment of the Easement, City may, at its sole option, remove City’s Tunnel or abandoned it in-place. Except as otherwise provided in this Deed, on recording such quitclaim deed, the affected Easement Area and all rights, duties and liabilities under this Deed with respect to such Easement Area shall be terminated and of no further force or effect. No temporary non-use of the Easement Area or other conduct, except for recordation of the quitclaim deed as provided in this paragraph, shall be deemed abandonment of the Easement.
9. Miscellaneous.
(a) Entire Agreement. This Deed is the final expression of and contains the entire agreement between the parties with respect to the matters addressed in this Deed and supersedes all prior understandings with respect to such matters. This Deed may not be modified, changed, supplemented, or terminated, nor may any obligations under this Deed be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted in this Deed. The parties do not intend to confer any benefit under this Deed on any person, firm, or corporation other than the parties to this Deed.
B-4
(b) Partial Invalidity. If any term or provision of this Deed, or the application thereof, to any person or circumstance will be invalid or unenforceable, to any extent, the remainder of this Deed, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and each such term and provision of this Deed will be valid and enforced to the fullest extent permitted by law. (c) Waivers. No waiver of any breach of any covenant or provision of this Deed will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision of this Deed. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act. (d) Governing Law; Consent to Jurisdiction. The parties to this Deed acknowledge that this Deed has been negotiated and entered into in the State of California and expressly agree that this Deed will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California and City’s Charter. Any legal action or proceeding brought by either party and arising from or in connection with this Deed or any breach of this Deed will be brought in the California Superior Court in San Francisco. [SIGNATURES ON FOLLOWING PAGE]
B-5
495 Gaven St. Easement PSA (2-26-25))
Executed as of this _____ day of ______________, 202__.
GRANTOR: TSUI FAMILY TRUST, U.D.T.,
dated March 31, 2018
By: _________________________________
ROBERT TSUI, Trustee
By: _________________________________
THUYEN LY TSUI, Trustee
ACCEPTED AND AGREED
GRANTEE:
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By: _________________________________
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
Date: _______________________________
Authorized by SFPUC Resolution No. __________
and Board of Supervisors Resolution No. ________
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By: ____________________________
Nancy Taylor
Deputy City Attorney
B-6
495 Gaven St. Easement PSA (2-26-25))
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss
County of ______________ )
On _________________________, before me, ______________________________________, (insert name and title of the officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
B-1
495 Gaven St. Easement PSA (2-26-25))
CERTIFICATE OF ACCEPTANCE
As required under Government Code Section 27281, this is to certify that the interest in real property conveyed by the Easement Deed dated ______________, from Robert Tsui and Thuyen Ly Tsui, as Trustees of the Tsui Family Trust, U.D.T., dated March 31, 2018, to the City and County of San Francisco, a municipal corporation (“City”), is hereby accepted by order of its Board of Supervisors ’ Resolution No. _____________, adopted on _______________, and approved by the Mayor on ___________________202___, and City consents to recordation thereof by its duly authorized officer. Dated _______________, 202__.
By: ______________________________
Andrico Penick
Director of Property
EXHIBIT A
LEGAL DESCRIPTION OF PIPELINE EASEMENT
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
FRANCISCO, IN THE COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Beginning on the southeasterly line of Lot 22 where it intersects Gaven Street, as shown on that certain map filed in Book "Y" of Maps at pages 87 to 89 recorded October 7, 1992, in the Office of the Recorder of the City and County of San Francisco, California, said line and map being the basis of bearings for this description, thence along the southeasterly line of Lot 22 South 43044115" West 5.25 feet to the beginning of a non-tangent curve with a radial bearing of North 11°55'25" West;
thence along said non-tangent curve to the right, with a radius of 1,612.50 feet an angle of 0°59'43" a distance of 28.011 feet to the northwesterly line of Lot 22; thence along said northwesterly line of Lot 22 North 43°44'15" East 33.28 feet to the line of Gaven Street, being a non-tangent curve with a radial bearing of North 74°42'11" East; thence along said non-tangent curve to the left, with a radius of 36.00 feet an angle of 26°56'50" a distance of 16.931 feet to the point of beginning.
Containing 298.2 square feet, more or less.
APN: Lot 022, Block 5861.
R. Edward Peterson PLS 8171 Date
q)0
Notes:
1. Coven Street, dedicated in Map Book M, pages 11 to 13, recorded 2/25/1929, quitclaimed by deed C493 OR 323,
recorded 9/26/1977.
2. Alemany Boulevard was relinquished to the State
of California by deed in Book A876 O.R. Page 698,
in the description of Parcel 1, recorded 1/27/1965.
3. San Francisco Board of Supervisors Resolution No. 432-77 co dated 5/31/1977 reserved to the City a 10—ft wide co pedestrian easement between Alemany Boulevard and
Bowdoin Street.
4. The entire block is subject to the Notice of Special Restrictions recorded 5/21/1992 in F632 O.R. 520.
Affecting deed recorded 4/27/1972 in B630 O.R. 290.
oc2
2 0
V\tersk_ok.e
Easement
0 Viap off eswen S'Lto Subor,nwolon
Scale: 1" = 50' Sheet 1 of 2
City and County of San Francisco
Public Utilities Commission
San Francisco Water Department
LEGEND
Coven Street as Quitclaimed
in Book C493 O.R. 323
Public Utilities Easement per
Book Y of Maps pp. 87-89
ri Area subject to Covenants
per 5569 O.R. 103
Exhibit a
Lower Alemany Pipeline
495 Coven Street
Lot 22 of Book Y of Maps Pages 87-89
Date: April 17, 2025 Drawing No. 24-0045 City and County of San Francisco
P.O.B. Point of Beginning
Doc. No. Document Number
(R) Radial Bearing
Date: April 17, 2025 Drawing No. 24-0045
<6o,
Gaven
Street
<c,"PN1
N744211"E (R)
— — — — —
Nc)
C;13 Easement Area
R=36.00'
A=26'56'50"
L=16.931'
298.2 square feet
P.O.B.
R=1,612.50'
A= 05943"
L=28.011'
7.4 nj
495 Gaven St.
Block 5861, Lot 22
Lands of
Robert Tsui and
Thuyen Ly Tsui
as Trustees of the
Tsui Family Trust, U.D.T.
Doc. No. 2018598790
Scale: 1" = 10'
491 Gaven St.
Block 5861, Lot 23
Sheet 2 of 2
City and County of San Francisco
Public Utilities Commission
San Francisco Water Department
Exhibit B
Lower Alemany Pipeline
495 Gaven Street
Lot 22 of Book Y of Maps Pages 87-89
City and County of San Francisco
499 Gaven St.
Block 5861, Lot 21
LEGEND
C-1
495 Gaven St. Easement PSA (2-26-25))
Exhibit C
Preliminary Title Report
[see attached]
Chicago Title Company
1200 Concord Ave., #400, , Concord, CA 94520
Phone: (925) 288-8000 ● Fax:
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 1 Order No.: 15609461-156-TJK-JM Issuing Policies of Chicago Title Insurance Company
Order No.: 15609461-156-TJK-JM
TO:
Chicago Title Company
One Embarcadero Center, Suite 250
San Francisco, CA 94111
Phone: (415) 291-5100
ATTN: Terina J. Kung
Title Officer: Jeff Martin
Email: [email protected]
Escrow Officer: Terina J. Kung
Email: [email protected]
One Embarcadero Center, Suite 250
San Francisco, CA 94111
(415) 291-5100
PROPERTY ADDRESS: 495 Gaven Street, San Francisco, CA
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.
Copies of the policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.
Chicago Title Company
By:
Authorized Signature
Chicago Title Company
1200 Concord Ave., #400, , Concord, CA 94520
Phone: (925) 288-8000 ● Fax:
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 2 Order No.: 15609461-156-TJK-JM
PRELIMINARY REPORT
EFFECTIVE DATE: May 16, 2022 at 7:30 a.m.
ORDER NO.: 15609461-156-TJK-JM
The form of policy or policies of title insurance contemplated by this report is:
ALTA Extended Owner's Policy (7-1-21)
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Robert Tsui and Thuyen Ly Tsui, as Trustees ofthe Tsui Family Trust, U.D.T. ("Under Declaration of Trust"), dated March 31, 2018
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
Chicago Title Company
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 3 Order No.: 15609461-156-TJK-JM
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN FRANCISCO, IN THE COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 22, as shown on that certain map entitled "Map of Gaven Street Subdivision", filed October 7, 1992, in Book "Y" of Maps, at Pages 87 to 89, inclusive, in the office of the Recorder of the City and County of San Francisco, State of California.
APN: Lot 022, Block 5861
Chicago Title Company
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 4 Order No.: 15609461-156-TJK-JM
EXCEPTIONS
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023.
2. Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.
4. The Land lies within the boundaries of a Mello Roos Community Facilities District ("CFD"), as follows:
CFD No: 90-1
For: School Facility Repair and Maintenance
This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City and County of San Francisco. The tax may not be prepaid.
Further information may be obtained by contacting:
Chief Financial Officer
San Francisco Unified School District
135 Van Ness Ave. – Room 300
San Francisco, CA 94102
Phone (415) 241-6542
5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company
Purpose: Public utilities
Recording Date: August 9, 1938
Recording No: Book 3327, Page 227, of Official Records
Affects: Southeasterly 10 feet
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: The City and County of San Francisco
Purpose: Pedestrian Right of Way
Recording Date: December 30, 1977
Recording No: A059471, Book C493, Page 323, of Official Records The exact location and extent of said easement is not disclosed of record.
Chicago Title Company
EXCEPTIONS
(Continued)
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 5 Order No.: 15609461-156-TJK-JM
7. Notice of Special Restrictions under the City Planning Code of the City and County of San Francisco upon the terms and conditions contained therein
Recording Date: March 21, 1992
Recording No.: F124563, Book F632, Page 520, of Official Records Reference is made to said document for full particulars.
8. Recitals as shown under "General Notes" on that certain map recorded October 7, 1992, Book Yof Maps, Pages 87 to 89, inclusive.
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Peter Nauaughton and Bernadette Naughton, husband and wife and Joyce Construction, Inc., A California Corporation
Purpose: Ingress and egress
Recording Date: January 27, 1999
Recording No: 99-G505429-00, Book H309, Page 114, of Official Records Affects: Northwesterly portion of said lot
10. A deed of trust to secure an indebtedness in the amount shown below, Amount: $48,837.78
Dated: July 27, 2018
Trustor/Grantor Robert Tsui and Thuyen Ly Tsui, as Trustees ofthe Tsui Family Trust, U.D.T. ("Under Declaration of Trust"), dated March 31, 2018
Trustee: CalHFA Mortgage Assistance Corporation, a California nonprofit public benefit corporation
Beneficiary: CalHFA Mortgage Assistance Corporation, a California nonprofit public benefit corporation
Loan No.: 279641
Recording Date: August 10, 2018
Recording No: 2018-K654299-00, of Official Records
An assignment of the beneficial interest under said deed of trust which names:
Assignee: California Housing Finance Agency
Loan No.: 279641
Recording Date: October 8, 2020
Recording No: 2020027741, of Official Records
An agreement recorded March 21, 2022 at Recording No.: 2022028438, of Official Records which states that this instrument was subordinated to the document or interest described in the instrument Recording Date: March 21, 2022
Recording No.: 2022028437, of Official Records
Chicago Title Company
EXCEPTIONS
(Continued)
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 6 Order No.: 15609461-156-TJK-JM
11. A deed of trust to secure an indebtedness in the amount shown below, Amount: $449,000.00
Dated: March 14, 2022
Trustor/Grantor: Robert Tsui and Thuyen Ly Tsui, as Trustees ofthe Tsui Family Trust, U.D.T. ("Under Declaration of Trust"), dated March 31, 2018
Trustee: Westcor Land Title Insurance Company
Beneficiary: Mortgage Electronic Registration Systems, Inc. (MERS), solely as nominee for Lakeview Loan Servicing, LLC, a Delaware limited liability company Loan No.: 7440636406
Recording Date: March 21, 2022
Recording No: 2022028437, of Official Records
NOTE: This loan appears to be registered with Mortgage Electronic Registration Systems, Inc., (MERS).
The name, address and telephone number for loan servicing should be obtained from the MERS website:
www.mers-servicerid.org or by calling, 1-888-679-MERS (1-888-679-6377), and referring to the Mortgage Identification Number (MIN) 1010298-0000630106-9.
12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.
13. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.
14. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument.
If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5.
The Company reserves the right to add additional items or make further requirements after review of the requested documentation.
15. The Company will require that an Owner’s Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance.
Party(s): Robert Tsui and Thuyen Ly Tsui, as Trustees ofthe Tsui Family Trust, U.D.T. ("Under Declaration of Trust"), dated March 31, 2018
The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit.
Chicago Title Company
EXCEPTIONS
(Continued)
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 7 Order No.: 15609461-156-TJK-JM
16. The transaction contemplated in connection with this Report is subject to the review and approval of the Company’s Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review.
END OF EXCEPTIONS
Chicago Title Company
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 1 Order No.: 15609461-156-TJK-JM NOTES
1. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Single Family Residence, known as 495 Gaven Street, San Francisco, CA, to an Extended Coverage Loan Policy.
2. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are:
No names were furnished with the application. Please provide the name(s) of the buyers as soon as possible.
3. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
4. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were:
Tax Identification No.: Lot 022, Block 5861
Fiscal Year: 2021-2022
1st Installment: $6,055.13
2nd Installment: $6,055.13
Exemption: $7,000.00
Land: $521,795.00
Improvements: $448,985.00
Code Area: 1000
Bill No.: 20210416016
5. There is no recorded Certificate of Energy and/or Water Compliance for the property described herein.
6. Requirement that a Transfer Tax Affidavit accompany every Deed (Grant Deed, Quitclaim Deed, Interspousal Deed) to be recorded in the City and County of San Francisco. This transfer Tax Affidavit is in addition to the change of ownership form (PCOR) and is required by the County Recorder. This item will not appear on any policy of title insurance.
7. Effective December 27, 2016, as mandated through local ordinance, the transfer tax rates are as follows:
More than $100 but Less than or Equal to $250,000 at $2.50 for each $500 or portion thereof ($5.00 per thousand)
$250,001 but Less than $999,999 at $3.40 for each $500 or portion thereof ($6.80 per thousand) $1,000,000 or More but Less than $4,999,999 at $3.75 for each $500 or portion thereof ($7.50 per thousand) $5,000,000 or More but Less than $9,999,999 at $11.25 for each $500 or portion thereof ($22.50 per thousand) $10,000,000.00 or More but Less than $24,999,999 at $27.50 for each $500 or portion thereof ($55.00 per thousand)
$25,000,000.00 or More at $30.00 for each $500 or portion thereof ($60.00 per thousand) NOTE: These rates are for documents recorded on or after December 27, 2016, regardless of when the instrument was executed.
8. Note: The charge for a policy of title insurance, when issued through this title order, will be based on the Basic Title Insurance Rate.
9. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.
Chicago Title Company
NOTES
(Continued)
CLTA Preliminary Report Form (Modified 11/17/06) Last Saved: 6/12/2022 1:08 AM by RN1 lPrelm (DSI Rev. 04/10/20) Page 2 Order No.: 15609461-156-TJK-JM
10. The application for title insurance was placed by reference to only a street address or tax identification number.
The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance.
11. Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described.
12. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of a Company agent, an authorized employee of the insured lender, or by using Bancserv or other Company-approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report.
13. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk- Recorder.
14. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.
15. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees.
END OF NOTES
Jeff Martin/rn1
Wire Fraud Alert Page 1
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.
In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud.
NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.
For more information on wire‐fraud scams or to report an incident, please refer to the following links:
Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov
Chicago Title Company
1200 Concord Ave., #400, , Concord, CA 94520
Phone: (925) 288-8000 ● Fax:
Notice of Available Discounts (Rev. 01-15-20) Last Saved: June 12, 2022 by RN1 MISC0164 (DSI Rev. 03/12/20) Escrow No.: 15609461-156-TJK-JM Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.
FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts
DISASTER LOANS (CTIC, CLTIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.
FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 1 Order No. 15609461-156-TJK-JM FIDELITY NATIONAL FINANCIAL, INC.
PRIVACY NOTICE
Effective August 1, 2021
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.
A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply.
Collection of Personal Information
FNF may collect the following categories of Personal Information:
contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you.
We may collect Personal Information about you from:
information we receive from you or your agent;
information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.
Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device:
Internet Protocol (IP) address and operating system;
browser version, language, and type;
domain name system requests; and
browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.
Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites.
Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.
Other Online Specifics
Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.
Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.
Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser.
Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
To provide products and services to you or in connection with a transaction involving you. To improve our products and services.
To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently.
When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;
FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 2 Order No. 15609461-156-TJK-JM to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;
to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.
The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing.
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.
Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.
Choices With Your Information
If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent.
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: [email protected].
For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.
For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.
Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.
International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.
FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.
FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 3 Order No. 15609461-156-TJK-JM Your Consent To This Privacy Notice; Notice Changes
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice.
Accessing and Correcting Information; Contact Us
If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF’s Opt Out Page or contact us by phone at (888) 714-2710 or by mail to:
Fidelity National Financial, Inc.
601 Riverside Avenue,
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
Attachment One – CA (Rev. 05-06-16) Page 1
© California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.
ATTACHMENT ONE (Revised 05-06-16)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
Attachment One – CA (Rev. 05-06-16) Page 2
© California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount
Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
{Except as provided in Schedule B - Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
Attachment One – CA (Rev. 05-06-16) Page 3
© California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.}
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER’S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
{The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records. }
7. {Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.}
Attachment One – CA (Rev. 05-06-16) Page 4
© California Land Title Association. All rights reserved.
The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY – ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
D-1
495 Gaven St. Easement PSA (2-26-25))
Exhibit D
Certificate of Transferor
Other Than An Individual
(FIRPTA Affidavit)
Section 1445 of the Internal Revenue Code provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. To inform the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, the transferee of certain real property located in the City and County of San Francisco, California, that withholding of tax is not required upon the disposition of such U.S. real property interest by _____________________ ______________________________________, a _____________________________________ (“Transferor”), the undersigned hereby certifies the following on behalf of Transferor:
1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations);
2. Transferor’s U.S. employer identification number is ______________; and
3. Transferor’s office address is __________________________________________ _____________________________________________________________________________.
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, I declare that I have examined this certificate and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of Transferor.
Dated: _________________, 202__.
On behalf of:
____________________________________,
[NAME]
a ___________________________________,
By: ________________________________,
[NAME]
Its: ________________________________
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Director of Property
Real Estate Division
City and County of San Francisco
25 Van Ness Avenue, Suite 400
San Francisco, California 94102
With a conformed copy to:
San Francisco Public Utilities Commission
Real Estate Services Division
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Attn: Real Estate Director
And to:
Robert and Thuyen Ly Tsui
495 Gaven St.
San Francisco, CA 94134
The undersigned hereby declares this instrument to be exempt from Recording Fees (CA Govt. Code § 27383) and
Documentary Transfer Tax (CA Rev. & Tax Code § 11922 and S.F. Bus. & Tax Reg. Code § 1105)
APN: 5861-022 SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT TSUI and THUYEN LY TSUI, as TRUSTEES of the TSUI FAMILY TRUST, U.D.T., dated March 31,2018 ("Grantor"), hereby grants to the CITY AND COUNTY OF SAN FRANCISCO, a California municipal corporation ("City"), through its Public Utilities Commission ("SFPUC"), a permanent tunnel easement ("Easement") in, under, upon, along, and/or across certain portions of Grantor's real property located in the City and County of San Francisco, State of California, more particularly described on the attached Exhibit A and depicted on the attached Exhibit B (the "Easement Area"),
Grantor will retain such rights and privileges to use the Easement Area as are not inconsistent with this Easement, subject to the conditions, covenants, and restrictions in this Deed.
Grantor will not do or allow anything in, on, under, or about the Easement Area that could damage or interfere with City's Facility (as defined in Section 1 [Nature of Easement]).
1. Nature of Easement. The Easement is a perpetual, nonexclusive easement in gross for the purposes of constructing, boring, installing, maintaining, operating, using, repairing, modifying, removing, and replacing a subsurface sewer tunnel ("City's Tunnel"). City shall have no right of surface access to the Easement Area. City's rights under this Deed may be exercised by City's agents, utility operators, contractors, subcontractors, suppliers, consultants, employees, licensees, invitees, or representatives, or by other authorized persons acting for or on behalf of City (collectively, "Agents").
B-1
2. Subject to Superior and Existing Rights. The rights granted by this Deed are expressly subordinate to Grantor's rights to use the surface and subsurface of the Easement Area for vehicular, pedestrian and utility purposes; provided, however, that such installation, operation, maintenance, repair, or replacement will not (i) endanger or damage City's Tunnel; (ii) require City to relocate, modify or remove City's Tunnel; or (iii) unreasonably restrict or interfere with City's rights under this Deed. The Easement is subject to any existing recorded property rights of third parties. City will be solely liable for its interference with any prior and existing third-party rights. Grantor reserves the right to grant, at its sole and absolute discretion, nonexclusive rights to other third parties within the Easement Area, provided that any such grants will not (a) require City to relocate, modify, or remove City's Tunnel, (b) conflict with the terms of this Easement Deed, or (c) unreasonably restrict or interfere with City's rights under this Deed.
3. Maintenance of Improvements. Intentionally left blank.
4. Indemnification. City will indemnify, defend, and hold Grantor harmless from and against any direct injury, loss, damage, or liability, costs, or expenses (including reasonable attorneys' fees and court costs) resulting from City's use of the Easement Area, except to the extent attributable to the negligent or intentional act or omission of Grantor or its Agents.
5. No Dumping or Hazardous Materials. Neither Grantor nor City will cause or permit the dumping or other disposal on or about the Easement Area of refuse, hazardous materials, or other materials that are unsightly or could pose a danger to human health or safety or to the environment.
6. Run with the Land. The provisions, covenants, conditions, and restrictions provided in this Deed will be covenants running with the land pursuant to California Civil Code Sections 1468 and 1471 and will burden and benefit every person having an interest in the Easement Area. Any reference to Grantor in this Deed will include Grantor's agents and all successor owners of all or any part of the Easement Area.
7. Notices. Notices and other deliveries pursuant to this Deed may be delivered by private messenger service, mail, overnight courier, or delivery service. Any notice or document required or permitted to be delivered by either party will be in writing and will be deemed to be given on the date received by, or on the date receipt was refused by the party; provided, however, that all notices and documents: (a) mailed to a party in the United States Mail, postage prepaid, certified mail, return receipt requested, will be deemed to have been received five (5) postal days after mailing; or (b) delivered by a nationally recognized overnight courier or delivery service will be deemed received the next business day after deposit with a nationally recognized overnight courier or delivery service for overnight delivery. For all purposes the address of the parties will be the following, unless otherwise changed by the party by notice to the other as provided in this subparagraph:
B-2
To GRANTOR: Robert and Thuyen Ly Tsui
495 Gaven Street
San Francisco, CA 94134
To GRANTEE:
With a copy to:
And to:
General Manager
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, California 94102
Real Estate Director
Real Estate Services Division
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
Email: [email protected]
Attn: Real Estate /Finance
Office of the City Attorney
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102
A properly addressed notice transmitted by one of the foregoing methods will be deemed received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever occurs first. Any e-mail addresses, telephone numbers, or facsimile numbers provided by one party to the other will be for convenience of communication only; neither party may give official or binding notice orally or by email or facsimile. The effective time of a notice will not be affected by the receipt, prior to receipt of the original, of an oral notice or an email or telefacsimile copy of the notice.
8. Abandonment of Easement. Grantee may, at its sole option, abandon all or part of the Easement by recording a quitclaim deed. Upon abandonment of the Easement, City may, at its sole option, remove City's Tunnel or abandoned it in-place. Except as otherwise provided in this Deed, on recording such quitclaim deed, the affected Easement Area and all rights, duties and liabilities under this Deed with respect to such Easement Area shall be terminated and of no further force or effect. No temporary non-use of the Easement Area or other conduct, except for recordation of the quitclaim deed as provided in this paragraph, shall be deemed abandonment of the Easement.
9. Miscellaneous.
(a) Entire Agreement. This Deed is the final expression of and contains the entire agreement between the parties with respect to the matters addressed in this Deed and supersedes all prior understandings with respect to such matters. This Deed may not be modified, changed, supplemented, or terminated, nor may any obligations under this Deed be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted in this Deed. The parties do not intend to confer any benefit under this Deed on any person, firm, or corporation other than the parties to this Deed.
B-3
(b) Partial Invalidity. If any term or provision of this Deed, or the application thereof, to any person or circumstance will be invalid or unenforceable, to any extent, the remainder of this Deed, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and each such term and provision of this Deed will be valid and enforced to the fullest extent permitted by law. (c) Waivers. No waiver of any breach of any covenant or provision of this Deed will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision of this Deed. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act. (d) Governing Law; Consent to Jurisdiction. The parties to this Deed acknowledge that this Deed has been negotiated and entered into in the State of California and expressly agree that this Deed will be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California and City's Charter. Any legal action or proceeding brought by either party and arising from or in connection with this Deed or any breach of this Deed will be brought in the California Superior Court in San Francisco. [SIGNATURES ON FOLLOWING PAGE]
B-4
Executed as of this S I day of Li LA. , 2027-5-'
GRANTOR: TSUI FAMILY TRUST, U.D.T..
dated March 31,2018
By:
By:
ROBERT TSUI, Trustee/
THU N TSUI, Frustek.)
ACCEPTED AND AGREED
GRANTEE: CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By:
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
Date:
Authorized by SFPUC Resolution No.
and Board of Supervisors Resolution No.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Nancy Taylor
Deputy City Attorney
B-5 495 Gsven St. Easement PSA (2-26-25))
TV CADEMARTORI
Notary Public- California z
Contra Costa County
Commission # 2385906 —
My Comm. Expires Jan 3, 2026
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
) ss
County of 5./40 r6114 C15 4))
On 7--72, 5---- ,before me, fy CAN. A kr6g I fk4froggY PJ31 c , (insert name and title of the officer)
personally appeared Ot311-IL I 15 U 1 4- f dYri LY f3 V 1 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/islare subscribed to the within instrument and acknowledged to me that /s,/they executed the same in)itOadr/their authorized capacity(ies), and that by yKilyfitheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
B-6 495 Gavot St. Easement PS A (2-26-25))
EXHIBIT A
LEGAL DESCRIPTION OF PIPELINE EASEMENT
THE LAND REFERRED TO HEREIN BELOW IS SMIATED IN THE CITY OF SAN FRANCISCO, IN 'FI1E COUNTY OF SAN FRANCISCO. STATE OF CALIFORNIA. AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Beginning on the southeasterly line of Lot 22 where it intersects Gaven Street, as shown on that certain map tiled in Book of Maps at pages 87 to 89 recorded October 7, 1992. in the Office of the Recorder of the City and County of San Francisco. California, said line and map being the basis of bearings for this description, thence along the southeasterly line of Lot 22 South 43°44'15" West 5.25 feet to the beginning of a non-tangent curve with a radial bearing of North 11°55'25" West;
thence along said non-tangent curve to the right, with a radius of 1.612.50 feet an angle of 0°59'43" a distance of 28.011 feet to the northwesterly line of Lot 22:
thence along said northwesterly line of Lot 22 North 43 044'15" East 33.28 feet to the line of Gwen Street, being a non-tangent curve with a radial bearing of North 74'42'1 I" East; thence along said non-tangent curve to the left, with a radius of 36.00 feet an angle of 26'56'50" a distance of 16.931 feet to the point of beginning.
Containing 298.2 square feet, mote or less.
APN: Lot 022, Block 5861.
+/
R. Edward Peterson PLS 8171 Date
Notes:
1. Coven Street, dedicated in Map Book M, pages 11 to 13, recorded 2/2 5/ 1929, quitclaimed by deed C493 OR 323,
recorded 9/2 6/ 1977.
2. Alemany Boulevard was relinquished to the State
of California by deed in Book A876 O.R. Page 698,
in the description of Parcel 1, recorded 1/27/1965.
3. San Francisco Board of Supervisors Resolution No. 432-77 dated 5/31/1977 reserved to the City a 10—ft wide
pedestrian easement between Alemany Boulevard and
Bowdoin Street.
4, The entire block is subject to the Notice of Special Restrictions recorded 5/21/1992 in F632 O.R. 520.
Affecting deed recorded 4/27/1972 in 8630 O.R. 290.
415 --
•)\ <b0
Easement
0 0.esk,ok_e2.0
Map off Gowen Sit. SubdIwiislion
Scale: 1" = 50' Sheet 1 of 2
LEGEND City and County of San Francisco
Public Utilities Commission
San Francisco Water Department
Coven Street as Quitclaimed
in Book C493 O.R. 323
Public Utilities Easement per
Book Y of Maps pp. 87-89
Li Area subject to Covenants
per 5569 O.R. 103
Exhibit B
Lower Alemany Pipeline
495 Coven Street
Lot 22 of Book Y of Maps Pages 87-89
Date: April 17, 2025 Drawing No. 24-0045 City and County of Son Francisco
Coven
Street
N7442'11"E (R)
Easement Area
298.2 square feet
R=36.00'
6.--A=2656'50"
L=16.931'
R=1,612.50'
z --A=059'43"
( L=28.011'
495 Coven St.
Block 5861, Lot 22
Lands of
Robert Tsui and
Thuyen Ly Tsui
as Trustees of the
Tsui Family Trust, U.D.T.
Doc. No. 2018598790
491 Coven St.
Block 5861, Lot 23
Scale: 1" = 10' Sheet 2 of 2
LEGEND
P.O.B. Point of Beginning
Doc. No. Document Number
(R) Radial Bearing
City and County of San Francisco
Public Utilities Commission
San Francisco Water Department
Exhibit B
Lower Alemany Pipeline
495 Coven Street
Lot 22 of Book Y of Maps Pages 87-89
Date: April 17, 2025 Drawing No. 24-0045 City and County of Son Francisco
CERTIFICATE OF ACCEPTANCE
As required under Goverment Code Section 27281, this is to certify that the interest in real property conveyed by the Easement Deed dated , from Robert Tsui and Thuyen Ly Tsui, as Trustees of the Tsui Family Trust, U.D.T., dated March 31, 2018, to the City and County of San Francisco, a municipal corporation ("City"), is hereby accepted by order of its Board of Supervisors' Resolution No. , adopted on , and approved by the Mayor on 202_ , and City consents to recordation thereof by its duly authorized officer. Dated , 202_.
By:
Andrico Penick
Director of Property
495 Gum St EASCITICIA PSA (2-20-25))
B-1
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
) ss
, before me, 5
(insert name and title of the officer)
On
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
B-6 495 Gaya' St Easement PS, (2-26.23”
Location of Tunnel Easements