HomeMy Public PortalAboutResolution - 05-13- 20050511 - Felton Station Gift RESOLUTION NO. 05-13
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT ACCEPTING GIFT OF REAL
PROPERTY AND AUTHORIZING EXECUTION OF
CERTIFICATE OF ACCEPTANCE WITH RESPECT
THERETO (LANDS OF PENINSULA OPEN SPACE
TRUST—FELTON STATION PROPERTY)
The Board of Directors of the Midpeninsula Regional Open Space District, a California public
agency, does resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby accept, with gratitude,the gift of the real property described in the Grant Deed from Peninsula
Open Space Trust, a California Public Benefit Corporation, attached hereto and by this reference made a
part hereof.
Section Two. The General Manager of the District or President of the Board or other appropriate
officer is authorized to execute a Certificate of Acceptance for said Grant Deed conveying the title to the
property being donated to the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice to
the donors of the acceptance of this gift. The General Manager is further authorized to execute any and
all other documents necessary to the closing of this transaction.
Section Four. The General Manager of the District is authorized to expend up to $1,500 to cover
the cost of title insurance and other miscellaneous costs related to this transaction.
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: M. Williams
DULY RECORDED WITHOUT FEE
NO TRANSFER TAX DUE Pursuant to Government Code
PUBLIC AGENCY ACQUIRINGTITLE, GRANT DEED Sections 610 , 27383.
CALIFORNIA REVENUE AND TAXATION
CODE SECTION 11922 BY:
In order to promote public welfare PENINSULA OPEN SPACE TRUST, a California non-profit, public
benefit corporation, hereafter "Grantor", hereby GRANTS, GIVES AND CONVEYS to 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, hereafter "Grantee", the following described real property located in
the County of Santa Clara, State of California:
Being more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference.
This conveyance is subject to the following restrictive covenant:
Said real property shall be used for ecological and open space purposes, including at Grantee's sole discretion
low intensity public recreation, and for all lawful uses incident thereto. In the event this restriction is breached,
including but not limited to Grantee's determination to sell or exchange the real property to another entity or
person, and such breach continues for ninety (90) days after written notice of such breach from Grantor to
Grantee, then the Grantor shall have the right to terminate this conveyance, and, upon Grantor's exercise of such
power of termination, title to the real property shall revert to the Grantor. Grantee shall provide Grantor with
thirty (30) days' written notice prior to any determination to sell or exchange the real property. This power of
termination may be exercised only by Grantor and may not be exercised by any third party.
In the event Grantee dedicates the real property to public use for open space purposes pursuant to Public
Resources Code Section 5540, then the foregoing restriction and right of termination shall automatically be and
become of no force and effect.
APN: 544-14-01 1 544-15-001 and 544-15-004
STATE OF
COUNTY OF
On1A1oK—_before me,
Personally appeared Audrey C. Rust, Pre iclent
sonally known me-OR- proved t me n the basis of satisfactory evidence
STAT NIA }p.be the personVwhose name0
l/t�re subscribed to the within AMUW
utrument and acknowledged to me `.��•1447M �
that he.�j�'they executed the same , 11@,myC=TwL"Wftp3M
�y hAft-�d0
r;;;:"""
in hi e�heir authorized capacity(i
and t by hittheir signature SM�0�*
on the instrum he person(yl'or the
entity up
n behalf of which the
personO acted,executed the
instrument.
I
WITNESS my hand and official seal.
i
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to is situated in the State of California, County of Santa Clara,
City of Los Gatos, and is described as follows:
PARCEL ONE:
Beginning at a stake marked M.B.9. standing in the center line of the Black Road at
the Southernmost corner of the 12.856 acre tract deeded by Helen P. Criswell and R.B.
Criswell to Caroline J. Eells, by deed of July 31, 1912 and recorded in Book 390 of
Deeds, Page 162, and running thence along the Southeasterly line of said Caroline J.
Eells 12. 856 acre tract North 28 1/2' East 3.08 chs. to a stake marked C.E.I. from
which a Black Oak 10 inches in diameter marked B.T.C.E.1 . bears South 39 1/2* East 52
lks. South 85' East 2. 68 chs. to a stake mark C.E.2. and North 21'05' East 0. 93 chs.
to a stake marked C.4. standing in the center line of a road 40 feet wide, called the
Black Arrow Road, from which stake a Black Oak 8 inches in diameter marked B.T.C.4.
bears South 65' East 9 1/2 lks. , thence along the center line of said road, North 82'
East 0.88 chs. to a 1 inch pipe from which a Live Oak 8 inches in diameter marked
B.T.C.H. 18 bears South 87 3/4' East 0.22 lks. , thence leaving the -center line of
said road and running South 17 3/4' East 3.17 chs. to a stake marked C.H. 17,
standing in the line between lands now or formerly of Helen P. Criswell and the San
Jose Water Company, and in the South line of the 50.98 acre tract deeded by Walter V.
Newell, et al, to Helen P. Criswell, by deed of June 30, 1911 and recorded in Book
372 of Deeds, Page 447, and from which stake a Redwood 8 inches in diameter marked
B.T.C.H. 17 bears North 34 1/2' East 50 lks., thence along the line between lands of
Helen P. Criswell and the San Jose Water Company, South 85' 59' West 6.31 chs. to the
Place of beginning, and being a part of the above mentioned 50.98 acre tract in the
North 1/2 of the Northeast 1/4 of Section 36, in T.8.S.R. 2.W.M.D.B.&M. Courses True.
Var. 17 3/4' East.
PARCEL TWO:
Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter
of Section 36, T.8.S.R.2.W.M.D.B.&M., and running thence
along the section line between said Section 36, and Section 31, T.8.S.R. 1.W.M.D.B.
&M. North 0*15' East 10.30 chs. to a Redwood six inches in diameter marked C.P.3.
standing at the Southwest corner of the 10 acre tract deeded by R.B. Criswell, et al,
to Alice L. Park, by deed dated December 16, 1910 and recorded in Book 363 of Deeds,
Page 361; thence leaving said section line and running North 36 1/4' West 1.52 chs.
to a Madrone 8 inches in diameter marked B.T.C.N.l. from which a Live Oak 12 inches
in diameter marked B.T.C.N.1. bears South 51' West 21 lks. North 63 1/4* West 1.46
chs. to a Redwood 8 inches in diameter marked C.N.2. North 74' West 2.89 chs. to a
stake marked C.N.3. from which a double Madrone 8 inches in diameter marked
B.T.C.N.3. bears South 24' East 6 lks. South 25' West 2.59 chs. to a stake marked
C.N. 6 standing in the Northerly line of a road 40 feet wide, and from which a
Madrone 6 inches in diameter marked B.T.C.N.6. bears South 30' East 24 lks., thence
along the Northerly line of said road, South 57' East 2.91 chs. to a stake marked
C.N.5. , standing at the Easterly and of said road; thence across the Easterly end of
said road South 33' West 0. 606 chs. to a stake marked C.H. 6. , from which a Black Oak
8 inches in diameter marked B.T.C.H. 6. bears North 2 1/2' West 9 1/4 lks. , thence
South 6 1/2' East 4 .85 chs, to a stake marked C.H.5. from which a Black Oak 8 inches
in diameter marked B.T.C.H.5. bears South 80 1/2' East 11 lks. thence West 0.77 chs.
to a stake marked C.H.3. , standing at the Southeasterly corner of the 2 acre tract
contracted to be sold by R.B. Criswell, et al, to J.C. De Hart and from which stake a
Black Oak 8 inches in diameter marked B.T.C.H.3. bears North 82 1/2' West 16.80 lks;
thence South 4.26 chs. to a stake marked "B" standing in the south line of the
Northeast quarter of the Northeast quarter of Section 36, T.8.S.R.2.W.M.D.B. M , and
thence along the South line of said Northeast quarter of the Northeast quarter of
said Section 36, North 85 3/4' East 4.15 chs. to the Place of Beginning, and being a
part of the Northeast quarter of the Northeast quarter of Section 36,
T.B.S.R.2.W.M.D.B.&M. Courses True. Var. 17 3/4' East.
PARCEL TWO-A:
Together with the following as granted by deed dated September 25, 1914 and recorded
October 27, 1914 in Book 423 of Deeds, Page 232, from Robert B. Criswell and his wife
Helen P. Criswell to Cora Smedberg Felton, the wife of Charles N. Felton, as follows,
to wit:
Said parties of the first part agree in consideration of the premises, to at all
times supply water to said party of the second part for domestic uses for said
premises, not to exceed two hundred (200) gallons per day, at a minimum charge of one
dollar and fifty cents ($1.50) per month, which water charges shall be the same as
are charged by said first parties or their assigns for water furnished to other
people in the same locality, but said party of the second part is at her own cost to
construct and maintain pipes or connections from the land above described and to the
mains or large water pipe of said first parties, which now is or shall be placed in
the street in front of the above described land, and such connecting pipes are to be
maintained, renewed and kept in repair by said party of the second part.
It is further provided, however, that should there be a calamity or an extreme
protracted drought or should the springs from which water is now procured by first
parties dry up, that first parties shall not be liable to said second party for any
damages which may be sustained by reason of their failure to so furnish said water,
but first parties agree that they will use all reasonable endeavors to carry out on
their part this agreement, and that should there be a protracted drought, or should
said springs dry up, that they will furnish to said second party as much of said two
hundred (200) gallons per day as they can reasonably furnish, considering the amount
of water which they may have during such drought or drying up of said springs, or any
of them, and considering the amount of other people that they are required to supply
with water from the same source, from which water is to be supplied to said second
party herein, as per the terms of this deed, but said first parties shall not be
required to furnish such water to said second party unless the ususal and reasonable
water rate is paid for such water rate is paid for such water.
PARCEL THREE:
Beginning at a stake marked C.N.6. standing at the westernmost corner of the 5.21
acre tract deeded by R.B. Criswell and wife to Cora Smedberg Felton, by deed dated
September 25, 1914 and recorded in Book 423 of Deeds, Page 232, and running thence
along the Southerly and Westerly line of said 5.21 acre tract South 57 East 2. 91
chs. to a stake marked C.N.S. South 33* West 0. 606 chs. to a stake marked C.H.6. and
Page 2
South 6 1/2' East 0.393 chs. to a stake marked "X" and 3/4" iron pipe; thence
parallel to the Southerly line of said 5.21 acre tract North 57' West 3.18 chs. to a
point from which the point of beginning bears South 33' West 0. 909 chs. , thence North
33' East 0. 909 chs. to the Place of Beginning, and being a part of the Northeast 1/4
of the Northeast 1/4 of Section 36, T.8.S.R.2.W.M.D.B.&M. Course True. Var. 17 3/4'
East.
PARCEL THREE-A:
A perpetual right of way for road purposes as granted by deed dated December 21, 1915
and recorded December 28, 1915 in Book 435 of Deeds, Page 562, from R.B. Criswell and
Helen P. Criswell, his wife to Cora Smedberg Felton, over that certain lot, piece or
parcel of land more particularly described as follows, to wit:
A right of way over a strip of land 40 feet wide, or 20 feet on each side of the
following described center line:
Beginning at a stake marked C.l. standing in the center line of the Black Road and
being distant South 4' 45' East 18 lks. from Station N.2. as mentioned in the 12.856
acre tract deeded by Helen P. Criswell to Caroline J. Eells, by deed dated July 31,
1912 and recorded in Book 390 of Deeds, Page 162, and from which said point of
Beginning a Live Oak 12" in diameter marked B.T.C.1. bears South 27' West 1.17 chs.
and running thence along the center line between two rows of prune trees, North 52'
52' East 2.46 1/2 chs. to a stake marked C.2. , thence South 56' 18' East 2.40 chs. to
a stake marked C.3. , and South 63' 40' East 4.47 chs. to a stake marked C.4. , and
from which stake a Black Oak 8 inches in diameter marked B.T.C.4. bears South 65'
East 9 1/2 lks. , thence North 82' East 1.12 chs, to a stake marked C.S. thence North
+ stake marked C. 6, from which a Black Oak 8" in diameter
41' 20 East 1.56 chs. to a
marked B.T.C.6. bears North 9 East 25 lks. , thence North 22' 10' East 3.58 chs. to a
stake
7 thence North 8' 45' East 0.76 chs. to a stake marked C.8., from
marked C. . ,
�+ .8. bears North 14 1/4' West 6.80 lks. ,
which a Madrone 5 in diameter marked B.T.0
thence North 21' 03" West 4.10 chs. to a stake marked C.9. thence North 21' 07 East
1.73 chs. to a stake marked C.10. , thence North 2' 30' West 1.38 chs. to a stake
marked C.11, thence South 63 3/4' East 2.65 chs., more or less, South 80 1/2' East
1.75 chs. and South 57' East 3.55 chs. , more or less, to the eastern end of said
right of way at a po
int distan
t Sout
h 33
' West 20 feet from stake C.N. 6. being the
westernmost corner of the 5.21 acre tract deeded by R.B. Criswell and wife to Cora
n
2
Smedberg Felton, by deed dated September 25, 191
4 and recorded in Book 423 of Deeds,
Page 232. Said right of way being commonly called the Black Arrow Road. Courses True.
Var. 17 3/4' East.
PARCEL FOUR:
Beginning at a stake marked "X" standing in the Westerly line of the 5.21 acre tract
deeded by Robert B. Criswell, and his wife, Helen P. Criswell to Cora Smedberg
Felton, by deed dated September 25, 1914 and recorded in Book 423 of Deeds, Page 232,
and being distant South 6 1/2' East 0.393 chs. from corner C.H. 6. as described in
said above mentioned 5.21 acre tract, and running thence along the Westerly line of
said 5.21 acre tract South 6 1/2' East 1.66 chs. to a stake marked C.H. 16; thence
leaving said line and running North 16' 05' West 1.75 chs. to a stake marked C.H.15. ,
and North 40' West 0.45 chs. to a stake marked C.H.14 standing in the Westerly line
of the road leading to the 5.21 acre tract, and also being the Westerly line of the
0.269 acre tract deeded by R.B. Criswell and Helen P. Criswell, his wife, to Cora
Smedberg Felton by deed dated December 21, 1915 and recorded in Book 435 of Deeds,
Page 562; thence South 57' East 0.70 chs. to the Place of Beginning, and being a part
Page 3
of the Northeast quarter of the Northeast quarter of Section 36,
T.8.S.R.2.W.M.D.B.&M. Courses True. Var. 17 3/4' East.
PARCEL FIVE:
Beginning at a stake marked "B" standing in the south line of the north one-half of
the northeast quarter of Section 36, T.8.S.R.2.W.M.D.B.&M. at a point 4.15 chs.
westerly from the southeast corner of the above mentioned north half of the northeast
quarter of Section 36 and which stake marked "B" is also the southwest corner of the
5.21 acre tract conveyed by Robert B. Criswell and his wife, Helen P. Criswell to
Cora Smedberg Felton, by deed dated September 25, 1914 and recorded in Book 423 of
Deeds, Page 232, and running thence northerly along the westerly line of said 5.21
acre tract conveyed to Cora Smedberg Felton 4.28 chs. to the south line of the 6.76
acre tract conveyed by Robert B. Criswell
11 and Helen P. Criswell, his wife, to J.C. De
' w
Hart an
d Lizzi
Hart b deed dated October 1, 1916 and recorded in Book 457 of
e M. De a
Y
westerly along Deeds y 5 said south line 50 feet; thence Page 7, and running thence
9
stake marked
h easter
ly line of said 6.76 acre tract 4.31 chs. to a
the southerly along Y
11F.H.211, standing
n ing in the south line of the north half of the northeast quarter of
n along sai
d south line of the
n 6 T 8.S.R.2.W.M.D.B.&M. , thence easterly and g
Section 3 Se ,
north half of the northeast quarter of Section 36 T.8.S.R.2.W.M.D.B.&M. , 50 feet to
the Place of Beginning, and being a part of the north half of the northeast quarter
of Section 36, T.8.S.R.2.W.M.D.B.&M.
PARCEL SIX:
Beginning at a point on the southerly line of the 10.27 acre tract of land conveyed
w Helen P. Cr
iswell to Kate Felton Neilson by deed e
and his wi'f e
by Robert B. Criswell
dated October 3 , 9 1 14 an
d recor
ded in Book 428 of Deeds, Page 82, and distant
0
he e Y r on 50 feet easterly from the westerly line of said tract, and running thence
t westerly and along said southerly line of said 10.27 acre tract 50 feet to the said
westerly line of said 10.27 acre tract; thence North 0' 15' East 10.30 chs. to the
n the Northerly line of said
line of said tract; thence Easterly and along y
Northerly
10.27 acre tract 50 feet, and thence South 0* 15' West 10.30 chs. to said Southerly
r n
line of said 10.27 acre tract, and the Point of Beginning, and being a pat of the
Northwest quarter of the Northwest quarter of Section 31, T.8.S.R.l.W.M.D.B.&M.
PARCEL SEVEN:
iron pipe standing at the Southernmost co
rner of that certain 7.93
Beginning at an P P
acre tract conveyed by Katherine J. Haw to Helen P. Criswell by deed dated November
4, 1927 and recor
ded 27, said Point of
in Book 359 of Official Records, Page
Beginning
1351.70 feet and South
0' 39' West 732.40 feet from the
in being dista
nt ea
st
Northwest corner of Section 31, T.8.S.R.l.W.M.D.B.&M. and from which point of
beginning a Redwood 20 inches in diameter bears South 39* West 3.43 feet, and a
Redwood 16 inches in diameter bears North 50* West 6. 04 feet, both trees being marked
B.T.W.C.12 an
d running thence Southerly and along the Easterly line of lands
formerly ate Felton Neilson, South
0' 19 West 603.10 feet to a 2 x 3 stake
K of
8
marked 1/8s, from which a Redwood 16 inches in diameter bears South 0' 4 East . 95
feet and a Redwo
od od 8 inch
es in di
ameter bears South 14' East 12.20 feet both trees
beg
in marked B.T.1/8s" thence South 0* 42' East 168.50 feet to an iron pipe; thence
Easterly and Southerly and along lands now or formerly of Alice B. Brown and Minnie
A. Brown, east 181.50 feet, to an iron pipe, and South 66 feet to an iron pipe;
thence leave said lands of Alice B. Brown and Minnie A. Brown, and running Easterly
and along the Northerly line of lands now or formerly of W.H. Davis South 84' 58'
East 480 feet to an iron pipe, from which a Black Oak 26 inches in diameter marked
Page 4
'
-
i B.T.F. bears North 34` 45' West 65.I0 feet; thence leaving said lands of W.B. Davis
and running North (at 518 feet to an ioao pipe, at 693 feat to an iron pipe, at 1266
feet to an iron pipe, at 1278 feet to an iron pipe) 1308 feet to an iron pipe
� standing at the easternmost corner of said 7' 93 acre tract and thence Southwesterly
� and along the Southerly line of said 7.93 acre tract the nine following courses and
distances: South 41^ 22' West 88.40 feet to an iron pipe, (from which a Redwood lD
inches in diameter marked B'T'W'C'4. bears N. 25^ East 3'88 feet South 67 37' West
73'I0 feet to an iron pipe/ South 50^ 13' West 1II' 60 feet to an iron pipe (±rmo
which a Madzone lB inches in diameter marked B'T'g.C,6' bears South 80' 15' West 6. 93
feet} South 67^ 26' West 117.90 feet to an iron pipe' South 39~ 32' West 71.85 feet
| to an iron pipe, (from nbinb a Mountain Oak 12 inches in diameter narked B.r.W.C.8,,
bears North 27^ 45' West 4' 80 feet) South 47' 28' West 55.50 feet to an 1zoo pipe,
South 66` 20' West 77.40 feet to an iron pipe (from which a Pine 12 ioobao in
� diameter marked B.r.w'C'lO bears South 39^ East 9. 93 feet) , South 49' 32' waot 92,25 �
/ feet to an iron pipe, and South 73' Ol' West 115 feet to the Point of Beginning, �
| being a part of the Northwest quarter of Section 31, T.O.G'R.I.W.M'D.B.aM, Courses �
True' Var. lD` East Surveyed under the direction of F.A. Herrmann of Derzznaoo Bros. �
Surveyors and C.E. San Jose, California. �
�
PARCEL EIGHT: �
/ Beginning at a point South O^ 15' West 20.30 obo. and North 89^ 50' East 10.05 oba.
from the oonuouo corner to Sections 25 and 36, T.8.G.8.2.w, and Sections 30 and 31, ,
T'8'S.R.1.W.M.D,B.&M., and said Point of Beginning being also the Southeast corner of
the 10'27 acre tract conveyed by Robert B. Criswell and Helen P. Criswell, his wife, �
to Date Felton Neilson, the wife of William D. Neilson, by deed dated October 30,
1914 and recorded in Book 428 of Deeds, Page 82, and running thence North 10'25 oba.
to the Southwest corner of the 5 acre tract conveyed by Robert B. Criswell and Helen
P. Criswell, his wife, to Mrs. xmalia Licbau, wife of Dz. 8zoat Licbau, by deed dated
July 25, 19I1 and recorded in Boob 369 of Deeds, Page 405x thence due east along the
southerly line of the laud so conveyed to said Mrs. fmalia Liobao and the easterly
prolongation of said line lO cbo. to the easterly line of the Northwest one-quarter
of the Northwest one-quarter of said Section 31; thence South along the Easterly line
of said Northwest one-quarter of the Northwest one-quarter of the said Section 31, in
T'8'8.R.l.W. I0'25 obo' , more or less, to the Southeast corner of said gortbweat,
one-quarter of the Northwest one-quarter of said Section 31, and thence South 89 50.
West along the Southerly line of said Northwest one-quarter of the Northwest
one-quarter of said Section 31, 10.00 cbs. to the Point of Beginning, and being a
portion of the Northwest one-quarter of the Northwest one-quarter of Section 31, in �
� T,8.S,B.I.W.M'D.B,&M, �
�
� PARCEL NINE:
� Beginning at the Southwest corner of the Northwest one-quarter of the Northwest
� one-quarter of Section 31 in T'D'S.R.l'W.M.D.B'aM, on the section line between said
� Section 31, and Section 36 in T'8,S.B.2.W,M'D.B.aM. and running thence along the
id Section 3I and 36 North O^ l5' 8aa� IO 3U ob� to the
section line between said eo ou , . .
Southwest onzoec of the 10 acre tract deeded by Robert B. Criswell and Helen P.
Criswell, to Alice L. Park, by deed dated December 16, 1910 and recorded in Book 363
� of Deeds, Page 361; thence along the south line of said 18 acre tract east lO obo. to |
� stake marked C P 2 standing at the Southeast corner of said lO acre tract
� a y�a ^ ` ' ~conveyed to Alice L. Park andfrom o� which stake a Tau Oak 12 inches in diameter marked
� B T.C.P'2. bears Booth l ^ West 7 lks, , thence south 10.25 oba. to a stake marked
C'm.l. from which a Redwood five inches in diameter marked B.T.C.0.I, bears South 82
l/2
' ^ West a 24 �� . andstanding in the south line of the Northwest one-quarter of the
- � � � Section 3l � S � l R 8 D B a� , thence along the south
|
Northwest one-quarter o z , '8^ ^ , . . ^ . ' , |
Page 5 !
� �
line of said Northwest one-quarter of the Northwest one-quarter of said Section 31,
. South 89* 50' West 10.05 chs. to the Place of Beginning, and being a part of the
Northwest quarter of the Northwest quarter of Section 31, T. B.S.R.l.W.M.D.B.&M.
Courses True. Var. 17 1/2* East.
Saving and excepting therefrom the parcel of land conveyed by Kate Felton Neilson to
Cora Smedberg Felton, by deed dated June 30, 1926 and recorded August 21, 1931 in
Book 580 of Official Records, Page 332, described as follows, to wit:
Beginning at a point on the Southerly line of the tract of land containing ten and
twenty seven hundredths (10.27) acres conveyed to the party of the first part by
Robert b. Criswell and Helen F. Criswell, by deed of October 30, 1914 and recorded in
the Office of the County Recorder of Santa Clara County, State of California, in Vol.
428 of Deeds, Page 82, distant thereon 50 feet from the Westerly line of said tract,
and running thence Westerly and along said Southerly line of said tract 50 feet to
the said Westerly line of said tract; thence Northerly 0' 15' East 10.30 chs. to the
Northerly line of said tract; thence Easterly and along said Northerly line of said
tract 50 feet; and thence Southerly 0* 151 West 10.30 chs. more or less, to said
Southerly line of said tract and the Point of Beginning, and being a part of the
Northwest 1/4 of the Northwest 1/4 of Section 31, T.8.S.R.l.W.M.D.B.&M.
PARCEL TEN:
Together with the following as granted-by -Deed dated October 30, 1914 and recorded
February 3, 1915 in Book 428 of Deeds, Page 82, from Robert B. Criswell and his wife
Helen P. Criswell to Kate Felton Neilson, the wife of William D. Neilson, as follow,
to wit:
Said parties of the first part agree in consideration of the premises, to at all
times supply water to said party of the second part for domestic uses for said
premises; not to exceed two hundred (200) gallons per day, at a minimum charge of one
dollar and fifty cents ($1.50) per month, which water charges shall be the same as
are charged by said first parties or their assigns for water furnished to other
people in the same locality, but said party of the second part is at her own cost to
construct and maintain pipes or connections from the land above described to the
mains or large water pipe of said first parties, which now is or shall be placed in
the street in front of the above described land, and such connecting pipes are to be
maintained, renewed and kept in repair by said party of the second part.
It is further provided, however, that should there be a calamity or an extreme
protracted drought or should the springs from which water is now procured by first
parties dry up, that first parties shall not be liable to said second party for any
damages which may be sustained by reason of their failure to so furnish said water,
but first parties agree that they will use all reasonable endeavors to carry out on
their part this agreement, and that should there be a protracted drought, or should
said springs dry up, that they will furnish to said second party as much of said two
hundred (200) gallons per day as they can reasonably furnish, considering the amount
of water which they may have during such drought or drying up of said springs, or any
of them, and considering the amount of other people that they are required to supply
with water from the same source, from which water is to be supplied to said second
party herein, as per the terms of this deed, but said first parties shall not be
required to furnish such water to said second party unless the usual and reasonable
water rate is paid for such water.
544-15-001 (Parcel One)
544-15-004 (Two, Three, Four & Five)
544-14-004 (Six, Seven, Eight & Nine)
i
RESOLUTION NO. 05-13
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on May 11, 2005, at a Regular Meeting thereof, by the following vote:
AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, K. Nitz, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: D. Little
ATTEST: APPROVED:
Se etary Presid
Board of Directors Bo of Directors
I, the District Clerk of the Mid peninsula Regional Open Space District, hereby cer
tify
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Mid peninsula Regional Open Space District by the above vote
to at a meeting thereof duly
held and called on the above day.
Distr' erk