AgdaPkt 2018-06-11 Closed and Joint SA PFA

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6.1.F. - Page 9 DRAFT 5/18/2018 of the right, title, and interest of the State in certain lands in the City held by the State by virtue of its sovereignty. These granted lands are now held by the City in trust for certain purposes specified in the Granting Statutes (Granting Act Trust). The Granting Act Trust and the Public Trust are collectively referred to herein as the "Trust." D. This Agreement authorizes an exchange of lands that will impress or confirm the Trust on certain lands within the Maple Street Site (Trust Addition Lands), described in Exhibit B (Legal Description and Illustrative Plat of Trust Addition Lands), and will terminate any Trust interest in certain other lands within the Bradford Street Site and the Maple Street Site (Trust Termination Lands), described in Exhibit C (Legal Description and Illustrative Plat of Trust Termination Lands). The Trust Addition Lands and Trust Termination Lands are referred to together as the "Exchange Lands." E. The Rancho Parcel, described in Exhibit D (Legal Description and Illustrative Plat of Rancho Parcel), is within the surveyed boundaries of the Rancho de las Pulgas. On February 2, 1848, the United States and Mexico signed the Treaty of Guadalup6-Hidalgo, by which the United States agreed to recognize prior Spanish and Mexican land grants. The Rancho de las Pulgas grant was confirmed in the heirs of Don Luis Arguello by the United States District Court and affirmed by the U.S. Supreme Court (Arguello v. United States (1855) 59 U.S. 539). The State does not claim any sovereign interests within the Rancho Parcel. F. Certain portions of the Exchange Lands are presently subject to (or potentially subject to) the Trust; other portions are historic uplands not subject to the Trust. However, the precise boundary of historic trust land is uncertain and in dispute. In addition, the effect of patents and acts of the Legislature on portions of the Exchange Lands is unknown and in dispute. The resolution of this dispute would require extensive land title and boundary litigation at great public expense. The circumstances giving rise to the dispute include the following: (i) The Bradford Street Site comprises lands within and adjacent to Redwood Creek. Redwood Creek was a tidal creek at Statehood subject to the Public Trust up to the mean high tide line in its natural state. The natural banks and course of the creek have been artificially modified by fill and other activities over the years, and the last natural location of its bed and banks cannot be known with certainty. A portion of the Bradford Street Site consists of filled lands that are subject to the Trust; other portions may be lands that were historically landward of the creek and are not subject to the Public Trust. The State, by the Granting Statutes, granted its sovereign interests in the Bradford Street Site to the City, subject to the Trust. (ii) The Maple Street Site comprises lands adjacent to and within the tidal slough sometimes known as Steinberger Creek, which has its mouth on the east bank of Redwood Creek about 0.6 mile northeast of the Bradford Street Site. In 1861, the State patented approximately 200 acres of State land surveyed along the east bank of Redwood Creek as Swamp and Overflowed Survey No. 15 to William Holder under authority of the Act of April 21, 1858, as amended. The entire Maple Street Site, including present-day Steinberger Creek, is within the boundaries of Survey No. 15. However, there is a dispute as to whether the patent validly conveyed tidelands, and thus whether the City holds those lands as successor -in -interest to Holder or as grantee from the State subject to the Granting Act Trust. (iii) There is also uncertainty as to the location and extent of Trust lands or a sovereign Public Trust Easement along the shoreline of Steinberger Creek and within the 2