HomeMy Public PortalAboutResolution - 01-04- 20010214 - Connor Purchase RESOLUTION NO. 01-04
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING OFFICER TO EXECUTE THE ACCESS
EASEMENT AND MAINTENANCE AGREEMENT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF
CONNOR)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District previously
approved that certain Purchase Agreement dated December 13, 2000 by and between William E.
Connor II Living Trust u/t/a and Midpeninsula Regional Open Space District by Resolution No.
00-69, which remains in full force and effect. In order to complete said purchase transaction, it is
now necessary to enter into an Access Easement and Maintenance Agreement for the remaining
Connor property.
Section Two. The Board of Directors does hereby approve and accept the that certain Access
Easement and Maintenance Agreement with William E. Connor II Living Trust u/t/a, a copy of
which is attached and incorporated b this referenceauthorizes and
fi Y
the President or other
appropnatte officer to execute the Agreement on behalf of the District.
Section Three. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreement and documents which do not involve any material
change to any term of the Agreement or documents, which are necessary or appropriate to the
closing or implementation of this transaction.
I
RESOLUTION No. 01-04
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on February 14. 2001, at a regular meeting thereof, by the following vote:
AYES: P. Siemens, J. Cyr, D. Little, N. Hanko, K. Nitz, L. Hassett
NOES: None
ABSTAIN: None
ABSENT: M. Davey
ATTEST: APPROV
i
Se Zetary President
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Recording Requested by and
When Recorded Return to:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,CA 94022-1404
Attn: Mike Williams
No Documentary Transfer Tax Due: Exempt From Recording Fees:
Revenue &Taxation Code §11922 Government Code §§6103, 27383
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
This Access Easement and Maintenance Agreement is made and entered into as of the
uric day of Apr i 1 2001,by and between William E. Connor 11,Trustee of the
William E. Connor 11 Living Trust u/t/a dated August 20, 1991 ("Connor"), and the
Midpeninsula Regional Open Space District, a Public District formed pursuant to Article
3 of Chapter 3 of Division 5 of the California Public Resources Code("District").
WHEREAS, Connor is the owner of those certain parcels of land located in the
unincorporated area of San Mateo County, California, more particularly described as
Parcels 1,2 and 3 in Exhibit A, attached hereto and made a part hereof("Connor
Property");
WHEREAS, Connor has entered into an agreement dated November 20, 2000 to sell to
the District a portion of the Connor Property more particularly described as Parcel I in
Exhibit A, attached hereto and made a part hereof("District Property");
WHEREAS, Connor is retaining that portion of the Connor Property remaining after the
conveyance to the District of the District Property ("Remaining Connor Property");
WHEREAS, as part of the conveyance of the District Property to the District, Connor
retains or reserves various perpetual non-exclusive easements in favor of and appurtenant
to the "Remaining Connor Property" over and across the District's Property for utilities
and for pedestrian and vehicular ingress and egress to and from the Remaining Connor
Property, and a perpetual non exclusive easement in favor of and appurtenant to the
Remaining Connor Property over the District Property for grading, paving and otherwise
improving and/or maintaining the easement roadway as is set forth more fully below; and
WHEREAS, it is the intention of the parties hereto that the reservations, agreements,
terms and conditions contained herein supplement the various reservations of easements
contained in that certain Grant Deed between Connor(as grantor) and the District(as
grantee) dated January 10, 2001,recorded as Document No. —in the
Official Records of the San Mateo County Recorder, State of California("Grant Deed").
NOW,THEREFORE,for and in consideration of the premises, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
this reference.
2. Easements . Connor and District acknowledge that Connor has the following roadway
easement in favor of and appurtenant to the Remaining Connor Property and hereby
reserves the following easement in conjunction with the conveyance of the District
Property pursuant to the Grant Deed:
a. Retained Easement.A perpetual non-exclusive easement in favor of and
appurtenant to the Remaining Connor Property over and across that certain thirty(30)
foot strip of land commonly known as Rapley Road and lying fifteen(15)feet on each
side of the following described centerline of Rapley Road:
Beginning at a point on the Southwesterly line of the State Highway
known as Skyline Boulevard, said point being opposite Station 37+55.70 of the Official
Survey thereof and running thence from said point of beginning along said centerline of
Rapley Road 30 feet wide, the following courses and distances: South 25*46' West
66.69 feet; South 62* 39' West 183.23 feet; South 510 53' West 181.52 feet; South 410
41' West 147.71 feet; South 510 29' West 157.56 feet; South 33' 21' West 248 feet;
South 50* 04' West 4730 feet; South 78*59' West 144.31 feet; South 670 42' West
96.80 feet; South 54* 09' West 129.98 feet; South 24* 01' West 195.85 feet; South 45*
22' West 70 feet, more or less to the intersection thereof with a straight line drawn from
the Easterly 1/4 section comer of said Section 7 to the Northwest comer of the Southwest
1/4 of the Northeast 1/4 of Section 7, said 30 foot strip being bounded on the Northwest
by the Southeasterly boundary of land conveyed from San Mateo County Title Company
to Elizabeth Moody Williams and Rhona Williams by deed dated and recorded June 28,
1941 in Book 957 of Official Records at Page 500(File No. 24843-E) Records of San
Mateo County, California, and bounded on the Southeast by the Northwesterly boundary
of lands conveyed from R.A. Isenberg and Gerda Isenberg, his wife, to Joseph Galatine
by Deed dated September 21, 1942 and recorded September 26, 1942 in Book 1036 of
Official Records at Page 229(File No. 54608-E),Records of San Mateo County,
California
for roadway purposes to and from the Remaining Connor Property; and
b. Reserved Easement. A perpetual non-exclusive easement in favor of and
appurtenant to the Remaining Connor Property over and across the strip of land having an
uniform width of fifty (50)feet and lying twenty five (25)feet on each side of the
following described centerline of Rapley Road:
Beginning at a point where the centerline of the existing roadway
commonly known as Rapley Road intersects the Northeasterly line of that certain 10 acre
parcel lying within the Northwest 1/4 of the Southeast 1/4 of Section 7,Township 7
South, Range 3 West, Mount Diablo Base and Meridian conveyed from Maurice N.
Rapley to R.A. Isenberg et ux, by Deed dated March 24, 1941 and recorded March 28,
1941, in Book 955 of Official Records at Page 16(File No. 16127-E), records of San
Mateo County, State of California; thence from said point of beginning and running
northeasterly along the centerline of said roadway to a point of intersection with a straight
line drawn from the Easterly 1/4 section comer of said Section 7 to the Northwest comer
of the Southwest 1/4 of the Northeast 1/4 of said Section 7, said point of intersection
being the terminus of the hereinabove described 50 foot easement for purposes of
installation and maintenance of public utilities; pedestrian and vehicular ingress and
egress to and from the Remaining Connor Property; and for purposes of grading, paving,
and otherwise improving and/or maintaining said roadway.
3. Maintenance of Rapley Road. Pursuant to California Civil Code Section 845,Connor
and District shall each contribute all amounts necessary to maintain that portion of
Rapley Road which traverses the Remaining Connor Property and the District Property in
proportion to their respective actual use of Rapley Road when compared to the actual use
of Rapley Road by all parties who hold easements for use of Rapley Road. Rapley Road
shall be maintained to the following standard: an unpaved condition passable by
passenger vehicles in all weather conditions in accordance with the District's Policies for
Road Maintenance Agreements adopted on June 23, 1982. In the event that Connor
desires to improve that portion of Rapley Road which traverses the District Property
and/or the Remaining Connor Property to a standard greater than the standard stated
above including, but not limited to paving,or the installing of curbs, gutters,or utilities,
all such improvements and all costs of repair and maintenance of said improvements shall
be at the sole cost and expense of Connor. The District will fully cooperate, to the extent
allowed by law, with Connor if Connor is required to undertake reasonable roadway
improvements/modifications by any governmental entity as a condition to the
development or further subdivision of the Remaining Connor Property, provided,
however that all such compliance and cooperation by the District will be at the sole cost
and expense of Connor.
4. Appurtenant Easements. The parties hereto expressly agree that the reservations of
easements made herein and in the Grant Deed are appurtenant to the Remaining Connor
Property and shall run with the land pursuant to any and all applicable laws, including,
but not limited to, Sections 1462 and 1468 of the California Civil Code.
5. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
6. Attorneys Fees. In the event of any litigation or arbitration arising out of this
Agreement, the prevailing party shall be entitled to recover from the other all attorneys
fees and costs incurred therein.
7. Further Assurances. Each of the parties hereto agrees to execute such documents, and
perform such acts, as may be necessary to give full effect to the agreements contained
herein.
8. Partial Invalidity. The invalidity, illegality or unenforceability of any one or more
provisions of this Agreement shall in no way effect or impair the validity, legality or
enforceability of the remaining provisions hereof, which shall remain in full force and
effect.
9. Preparation of Agreement. No inference, assumption or presumption shall be drawn
from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement and that each party has sought the advice of its separate
counsel and has placed no reliance on the other party's counsel.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
The William E. Connor II Living Trust
u/t/a dated August 30, 1991
By: 6Y. ��� �. �� �. . Ti% AU Dated: � D/
William E. Connor II, Trustee i
Midpeninsula Regional Open Space District,
a Public District formed pursuant to Article 3
of Chapter 3 of Division 5 of the California
Public PASWrces Code
By: Dated: ZI 4,&
Ole's4i eA, ard of Directors
STATE OF NEVADA )
ss.
COUNTY OF WASHOE )
On F RUN-" \ , 2001, before me, AN tJ , Notary Public,
personally appeared JOHN L. SHADEK, known to me, or proved to me on the basis of
satisfactory evidence to be the attorney in fact for William E. Connor II, the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that by his signature on the instrument
the person, or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. ........................................................................................... .
ANITA AULTMAN
Notary Public-State of Nevada
3 Appontrnent Recorded n Washoe County
No:94-0530-2.EXPIRES JAN.1,2002
(Signature of Notary) .................... ,,.....,.,.,,,............,.,.,,.........,...,.,..............,...
STATE OF CALIFORMA )
} ss.
COUNTY OF )
On eh 2001, before me, lc�`rd-ti C I>c ic4ki
Notary Public,
personally appeared Pt-k- W S > >irL4known to me, or proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity
and that by his signature on the instrument the person, or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal. DeRORE C.DOLAN
Commission# 1174775 Z
z Notary Public-California £
Santo Claw County
�— My Comm.Bphz Feb 27,M
(Signature of Notary)
PARCELI
The Southeast 1/4 of the Southeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of Section 7,
Township 7 South, Range 3 West,Mount Diablo Base and Meridian.
Also a portion of said Section 7 in Township 7 South,Range 3 West,Mount Diablo Base &
Meridian and described as follows:
Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section 7;
thence Northwesterly in a direct line to a point due South 10 chains from the center of said
Section 7; thence due north along the North and South center line of said section 30 chains to the
Northwest corner of the Southwest 1/4 of the Northeast 1/4 of said section;thence southeasterly
along the line between the lands now or formerly known Rapley and lands now or formerly
Anderson, said Iine being marked by a fence upon the ground to the 1/4 section post on the east
line of said Section 7; thence due West 20 chains to the Southeast comer of the Southwest 1/4
of the Northeast 1/4 of said section; thence due South 20 chains to the point of beginning.
J
EXCEPTING THEREFROM all that land lying Southerly of the following described line:
.Beginning at a point where the center line of the existing roadway commonly known as Rapley
Road intersects the Northeasterly line of that certain 10 acre parcel lying within the Northwest
1/4 of the Southeast 1/4 of Section 7,Township 7 South,Range 3 West,Mount Diablo Base and
Meridian conveyed from Maurice N. Rapley to R. A. Isenberg et ux, by Deed dated March 24,
1941 and recorded March 28, 1941,in Book 955 of Official Records at Page 16(File No. 16127-
E records f o San Mateo Co
unty, t ofCalifornia;ty, State C thence from said be point of inning and
P g running northeasterly alongthe center line of said roadway 1030 feet r more or le
ss to a point
Y
hereinafter referred to as Point "A",said Point"A"being a point which bears South 70139'32"
West 83.59 feet and South 81049'02"West 129.20 feet alongthe center line f a said road from
a point hereinafter referred to as Point`B", said Point"B"being a point where a 27" diameter
metal drainage pipe crosses said road and where said Point"B"bears North 17°51'05"West
1826.8 feet from a 6"x 6" fence post purported to be the common Section Corner of Sections 7,
8, 17 and 18 in Township 7 South,Range 3 West, Mount Diablo Base and Meridian, as said
fence post is shown on that map filed in.the office of the County Recorder in Volume 26 of
Parcel Maps at Page 41, records of San Mateo County, State of California;thence from said
Point"A"continuing along said center line of said road North 81049'02"East 129.20 feet and
North 70°39'32"East 83.59 feet to said Point `B"; thence leaving said center line South j
12000'00"East 180.00 feet and South 62°00'00"East 600 feet more or less to a point in the
Easterly line of the above mentioned Section 7, said point being the terminus of the hereinabove
described line.
LXHIB1. A
PARCEL
Portions of the Northwest 1/4 of the Southeast 1/4, the Northeast 114 of the Southeast 1/4 and
the Southeast 1/4 of the Southeast 1/4 of Section 7 in Township 7 South,Range 3 West,Mount
Diablo Base and Meridian, said portions being more particularly described as follows:
Beginning at a point where the center line of the existing roadway commonly known as Rapley
Road intersects the Northeasterly line of that certain 10 acre parcel lying within the Northwest
1/4 of the Southeast 1/4 of Section 7,Township 7 South, Range 3 West Mount Diablo Base and
Meridian conveyed from Maurice N.Rapley to R. A. Isenberg et ux, by Deed dated March 24,
1941 and recorded March 28, 1941, in Book 955 of Official Records at Page 16 (File No. 16127-
E), records of San Mateo County, State of California;thence from said point of beginning and
running northeasterly along the center line of said roadway 1030 feet more or less to a point
hereinafter referred to as Point"X', said Point"A" being a point which bears South 70'39'32"
West 83.59 feet and South 81149'02"West 129.20 feet along the center line of said road from
a point hereinafter referred to as Point"B", said Point"B"being a point where a 27" diameter
metal drainage pipe crosses said road and where said Point"B"bears North 17151'05"West
1826.8 feet from a 6" x 6"fence post purported to be the common Section Comer of Sections 7,
8, 17 and 18 in Township 7 South,Range 3 West,Mount Diablo Base and Meridian, as said
fence post is shown on that map filed in the office of the County Recorder in Volume 26 of
Parcel Maps at Page 41,Records of San Mateo County, State of California; thence leaving said
Point"A"South 22111'23" West 38.60 feet;thence South 48' 07' 19" West 68.17 feet;thence
South 12044'26" West 71,78 feet; thence South 17'52'43"East 115.49 feet; thence South
11100'30"East 99.08 feet;thence South 0'36'05" East 84.77 feet;thence South 14'07'41"East
360.14 feet; thence South 44'16'08"East 248.96 feet; thence South 10*57'17"East 129.08 feet
to a point from which a 21"Pine Tree bears South 85019" East 41.2 feet; thence from said point
South 77'17'50" West 187.10 feet; thence North 65'02'14" West 278.75 feet; thence North
86100'58" West 340 feet more or less to the westerly line of the Southeast 1/4 of the Southeast
1/4 of Section 7 in Township 7 South,Range 3 West,Mount Diablo base and Meridian; thence
along said westerly line North 650 feet more less to the Northwest comer of said Southeast 1/4
of the Southeast 1/4 of said Section 7; thence along the Northeasterly line of the hereinabove
mentioned 10 acre parcel(955 O.R. 16)400 feet more or less to the point of beginning.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT for ingress, egress and public utilities
over a strip of land having a uniform width of 50 feet and lying-25 feet on each side of the
following described center line:
Beginning at a point where the center line of the existing roadway commonly known as Rapley
in Northwest
Road intersects the Northeasterly line of that certain 10 acre parcel lying within the No west
1/4 of the Southeast 1/4 of Section 7,Township 7 South, Range 3 West Mount Diablo Base and
Meridian conveyed from Maurice N. Rapley to R. A. Isenberg et ux,by Deed dated March 24,
1941 and recorded March 28, 1941, in Book 955 of Official Records at Page 16 (File No. 16127-
E), records of San Mateo County, State of California; thence from said point of beginning and
running northeasterly along the center line of said roadway to a point of intersection with a
straight line drawn from the Easterly 1/4 section comer of said Section 7 to the Northwest comer
of the Southwest 1/4 of the Northeast 1/4 of said Section 7, said point of intersection being the
terminus of the hereinabove described 50 foot easement.
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT for ingress, egress and public
utilities over a strip of land 50 feet wide lying within the East 1/2 of the Southeast 1/4 of Section
7 in Township 7 South, Range 3 West,Mount Diablo Base and Meridian,the center line of said
strip of land being more particularly described as follows:
Beginning at a point whe-the center line of the existing roadway --rnmonly known as Rapley
Road intersects a 27" di, -r metal drainage pipe crossing said , said point of intersection
bears North 17'5 1'05" West 1826.8 feet from a 6"x 6"fence post purported to be the common
Section Comer of Sections 7, 8, 17 and 18 in Township 7 South,Range 3 West,Mount Diablo
Base and Meridian, as said fence post is shown on that map filed in the Office of the County
Recorder in Volume 26 of Parcel Maps at Page 41, Records of San Mateo County, State of
California; thence from said point of beginning along the center line of an existing road leading
to the lands described in that certain Life Estate Parcel reserved by James D. Rapley and Anne
W. Rapley in the Grant Deed recorded July 1, 1977 in Volume 7531 of Official Records at Page
430, Records of San Mateo County, State of California, South 44'26'57"West 76.04 feet-, thence
South 75'39'02"West 22,92 feet; thence along a tangent curve to the right, having a radius of
30.00 feet, a length of 11.98 feet and a central angle of 22'52'46";thence North 81128'12" West
16.14 feet; thence along a tangent curve to the left having a radius of 100,00 feet, a length of
48.29 feet and the central angle of 27'40'12";thence South 7005 1'37"West 15.34 feet;thence
along a tangent curve to the left having a radius of 150.00 feet, a length of 48.58 feet and a
central angle 18'33'16";thence South 52'18'21"West 24.48 feet;thence along tangent curve
to the left having a radius of 150.00 feet a length of 43.69 feet and a central angle of 16'4 I'l 6";
thence South 35137'05"West 1.32 feet; thence along a tangent curve to the left having a radius
of 75.00 feet, a length of 46.18 feet and a central angle of 35'16'31"; thence South 0'20'34"
West 2.39 feet; thence along a tangent curve to the left having a radius of 100.00 feet, a length
of 29.79 feet and a central angle of 17103'59";thence South 16143'25"Fast 36.70 feet;thence
along a tangent curve to the left having a radius of 150.00 feet, a length of 18.66 feet and a
central angle of 7'07'45";thence South 23'5 1'11"East 30.81 feet;thence along a tangent
curve to the right having a radius of 150.00 feet, a length of 31.73 feet and a central angle of
12107'17";thence South 11143'53"East 96.69 feet;thence along a tangent curve to the right
having a radius of 50.00 feet, a length of 16.02 feet and a central angle of 18121'45"; thence
South 6'37'52" West 29.57 feet; thence along tangent curve to the left having a radius of 200,00
feet,a length of 53.10 feet and a central angle of 15'12'44"; thence South 8'34'53"East 34.94
feet;thence along at tangent curve to the left having a radius of 200.00 feet a length of 41.41
feet and a central angle of 1115 1'46"; thence South 20"26'38" East 38.79 feet along a tangent
curve to the right having radius of 200.00 feet a length of 42.49 feet and a central angle of
12110'18"; thence South 8'16'20"East 39.67 feet; thence along tangent curve to the left having
a radius of 200.00 feet, a length of 44.79 feet and a central angle of 12149'50";thence South
21006'10"East 82.60 feet; thence along at tangent curve to the left having a radius of 100.00
feet,a length of 39.10 feet and a central angle of 22024'12";thence South 43'30'22"East 52.81
feet; thence along a tangent curve to the left having a radius of 300.00 feet a length of 32.42 feet
and a central angle of 61 1 l' 30"; thence South 49'41'52"East 35.68 feet; thence along a tangent
curve to the right having a radius of 300.00 feet, a length of 73.46 feet and a central angle of
1400 1'45"; thence South 3 5040'07" East 7.18 feet;thence along a tangent curve to the right
having a radius of 100.00 feet a length of 36,70 feet and a central angle of 2 1 10 1'3 0"; thence
South 14'38'37" East 20.52 feet; thence along a tangent curve to the right having a radius of
200.00 feet, a length of 35.44 feet and a central angle of 10'09'08"; thence South 4'29'29"East
45,21 feet to a point from which a 2 1"Pine Tree bears South 71007' East 29.0 feet, said point
being the terminus of the herein described 50 foot wide easement.
EXCEPTING THEREFROM all that portion lying within the above described PARCEL TWO.
'PARCEL 3
Portions of Section 18, Township 7 South,Range 3 West, Mount Diablo Base and Meridian,
described as follows:
All that portion of the Southeast 1/4 of Section 18, lying North of the center line of the main
branch of Mindego Creek and East of the tributary known as Rapley Creek, said tributary
extending Northerly from Mindego Creek at a point approximately 1000 feet East of the North-
South center line of said Section 18 and all that portion of the West 1/2 of the Northeast 1/4 of
Section 18 lying East of said tributary known as Rapley Creek, said tributary intersecting the
East line of said West 1/2 of the Northeast 1/4 of Section 18 at a point approximately 900 feet
South of the North boundary of said Section 18.
TOGETHER WITH the East 1/2 of the Northeast 1/4 of Section 18,the Southeast 1/4 of the
Southeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of Section 7 in Township 7 South,
Range 3 West,Mount Diablo Base and Meridian.
ALSO TOGETHER WITH a portion of said Section 7 in Township 7 South,Range 3 West,
Mount Diablo Base and Meridian described as follows:
Beginning at the Northeast comer of the Southwest 1/4 of the Southeast 1/4 of said Section 7;
thence Northwesterly in a direct line to a point due South 10 chains from the center of said
Section 7; thence due north along the North and South center line of said Section 30 chains to
the Northwest comer of the Southwest 1/4 of the Northeast 1/4 of said Section,thence South-
easterly along the line between the lands now or formerly of Rapley and lands now or formerly
Anderson, said line being marked in part by a fence upon the ground to the 1/4 section post
on the East line of said Section 7; thence due west 20 chains to the Southeast comer of the
Southwest 1/4 of the Northeast 1/4 of said Section; thence due South 20 chains to the point
of beginning,
EXCEPTING THEREFROM all that land lying northerly of the following described line:
Beginning at a point where the center line of the existing roadway commonly known as Rapley
Road intersects the Northeasterly line of that certain 10 acre parcel lying within the Northwest
1/4 of the Southeast 1/4 of Section 7, Township 7 South,Range 3 West Mount Diablo Base and
Meridian conveyed from Maurice N. Rapley to R. A. Isenberg et ux,by Deed dated March 24,
1941 and recorded March 28, 1941, in Book 955 of Official Records at Page 16 (File No. 16127-
E), records of San Mateo County, State of California; thence from said point of beginning and
running northeasterly along the center line of said roadway 1030 feet more or less to a point
hereinafter referred to as Point"A", said Point"A"being a point which bears South 70'39'32"
West 83.59 feet and South 8 1*49'02"West 129.20 feet along the center line of said road from
a point hereinafter referred to as Point"B", said Point"B" being a point where a 27"diameter
metal drainage pipe crosses said road and where said Point"B"bears North 17'5 1'05" West
1826.8 feet from a 6"x 6"fence post purported to be the common Section Comer of Sections 7,
8, 17 and 18 in Township 7 South,Range 3 West,Mount Diablo Base and Meridian, as said
fence post is shown on that map filed in the office of the County Recorder in Volume 26 of
Parcel Maps at Page 41, records of San Mateo County, State of California; thence from said
Point"A"continuing along said center line of said road North 81'49'02"East 129.20 feet
and North 70'39'32"East 9 feet to said Point"B"; thence leaNi said center line South
12'00'00 "East 180.00 fee, ,ad South 62'00'00"East 600 feet more or less to a point in the
Easterly line of the above mentioned Section 7, said point being the terminus of the hereinabove
described line.
FURTHER EXCEPTING THEREFROM portions of the Northwest 1/4 of the Southeast 1/4,
the Northeast 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 7 in
Township 7 South,Range 3 West, Mount Diablo Base and Meridian, said portions being more
particularly described as follows:
Beginning at a point where the center line of the existing roadway commonly known as Rapley
Road intersects the Northeasterly line of that certain 10 acre parcel lying within the Northwest
1/4 of the Southeast 1/4 of Section 7,Township 7 South, Range 3 West,Mount Diablo Base and
Meridian conveyed from Maurice N. Rapley to R. A. Isenberg et ux,by Deed dated March 24,
1941 and recorded March 28, 1941, in Book 955 of Official Records at Page 16 (File No. 16127-
E), records of San Mateo County, State of California; thence from said point of beginning and
running northeasterly along the center line of said roadway 1030 feet more or less to a point
hereinafter referred to as Point"A", said Point"A" being a point which bears South 70'39'32"
West 83.59 feet and South 8 1'49'02" West 129.20 feet along the center line of said road from a
point hereinafter referred to as Point"B", said Point"B"being a point where a 27"diameter
metal drainage pipe crosses said road and where said Point"B"bears North 1715 1'05" West
1826.8 feet from a 6" x 6"fence post purported to be the common Section Comer of Sections
7, 8, 17 and 18 in Township 7 South,Range 3 West, Mount Diablo Base and Meridian, as said
fence post is shown on that map filed in the office of the County Recorder in Volume 26 of
Parcel Maps at Page 41,Records of San Mateo County, State of California; thence leaving said
Point"A"South 22'11'23" West 38.60 feet; thence South 48107'19"West 68.17 feet; thence
South 12'44'26" West 71.78 feet; thence South 17'52'43"East 115.49 feet; thence South
11'00'30"East 99.08 feet;thence South 0"36'05"East 84.77 feet; thence South 141 07' 41"East
360.14 feet; thence South 44'16'08"East 248.96 feet; thence South 10057'17"East 129.08 feet
to a point from which a 2 1"Pine Tree bears South 85019" East 41.2 feet; thence from said point
South 77017'50" West 187.10 feet; thence North 65002'14" West 278.75 feet; thence North
86'00'58" West 340 feet more or less to the westerly line of the Southeast 1/4 of the Southeast
1/4 of Section 7 in Township 7 South,Range 3 West,Mount Diablo base and Meridian,thence
along said westerly line North 650 feet more less to the Northwest comer of said Southeast 1/4
of the Southeast 1/4 of said Section 7; thence along the Northeasterly line of the hereinabove
mentioned 10 acre parcel (955 O.R. 16)400 feet more or less to the point of beginning.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT for ingress, egress and public utilities
over a strip of land having a uniform width of 50 feet and lying 25 feet on each side of the
following described center line:
Beginning at a point where the center line of the existing roadway commonly known as Rapley
Road intersects the Northeasterly line of that certain 10 acre parcel lying within the Northwest
1/4 of the Southeast 1/4 of Section 7, Township 7 South,Range 3 West, Mount Diablo Base and
Meridian conveyed from Maurice N. Rapley to R. A. Isenberg et ux, by Deed dated March 24,
1941 and recorded March 28, 1941, in Book 955 of Official Records at Page 16 (File No. 16127-
E), records of San Mateo County, State of California,thence from said point of beginning and
running northeasterly along the center line of said roadway to a point of intersection with a
straight line drawn from the Easterly 1/4 section comer of said Section 7 to the Northwest comer
of the Southwest 1/4 of the Northeast 1/4 of said Section 7, said point of intersection being the
terminus of the herein-above described 50 foot easement.
The property lines described above are now recognized by this office as the lines dividing the
property in question.