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HomeMy Public PortalAboutResolution - 74-10- 19740508 - Los Altos Property RanchRESOLUTION NO. 74-10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT, FINDING AND REQUIRING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT, FOR PUBLIC PARR, RECREATION AND OPEN SPACE PURPOSES, DESCRIBING THE PROPERTIES NECESSARY THEREFOR AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN WHEREAS, the Board of Directors of the Midpeninsula Regional Park District is authorized to acquire property for public purposes, pursuant to Division 5, Chapter 3, Section 5542, of the Public Resources Code, State of California, and WHEREAS, the property, rights, and interests de- scribed in Exhibit A attached to this resolution and incorporated herein by reference (the "property") are neces- sary for public park, recreation, and open space purposes, said purposes constituting a public purpose, NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Park District does hereby find and determine that the public interest and necessity require the acquisition of the property for public park, recreation, and open space purposes; BE IT FURTHER RESOLVED that acquisition of the fee (unless a lesser estate is described in Exhibit A) is necessary therefor; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Park District does hereby find and determine that said property is located so as to be most compatible with the greatest public good and cause the least private injury; and BE IT FURTHER RESOLVED that the General Manager be and is hereby authorized and directed to cause to be ne- gotiated and/or prepared all appropriate applications to governmental agencies for grants of funds or property, legal documents and related instruments for acquisition of title to the property by gift and/or purchase, all upon terms and conditions discussed by or presented to this Board at its meeting this date or customary to this District in like trans- actions; provided, however, that each such application, document and instrument shall be subject to approval as to form and content by this Board prior to its execution or delivery on behalf of the Midpeninsula Regional Park District; and BE IT FURTHER RESOLVED that the law firm of Rogers, Vizzard & Tallett be and the same is hereby retained, instructed and directed to do everything necessary to acquire all interests in the property described in Exhibit "A", and they are further authorized to prepare and prosecute such condemnation proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SOLUTION NO. 74-10 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Park District on May 8 at a regular meeting . thereof', by. the following vote: AYES: Condron, Duffy, Hanko, Peters, Wendin NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: , 1974 wfrefoot President, Board of Directors. , I, the Secretary of. the Midpeninsula Regional Park District, hereby.. certify that the above is a true and correct copy of a resolu- tion duly adopted by .the Board of Directors of the District by the above vote at a meeting thereof duly held and called on the above date. Secretary Exhibit A All that real property partly in the City of Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: PARCEL ONE BEGINNING at a white oak 48" in diameter marked with an old blaze and called the Elbow Tree Stand, at a bend of the Southwesterly line of the San Antonio Rancho, and being distant S. 75° E. 93.20 chains from the granite monument set at corner "W.D.4" being the Southwesternmost corner of that part of the San Antonio Rancho patented to Wm. A. Dana, et al, which patent is of record in Book "A" of Patents, at page 13; thence along the Southwesterly line of said San Antonio Rancho, S. 45° 37' E. 45.60 chains to a 1 1/2" pipe 5 feet long driven flush and a 3" x 3" post marked:"W.A.D.4" standing at the common corner for lands of T. F. Grant and lands now or formerly of John Snyder, and from which post a live oak 20" in diameter marked "B.T.W.A.D.4" bears S. 74° 50' E. 2.23 1/2 chains; thence along the fence line between lands of said Grant and lands now or formerly of John Snyder, N. 43° 35' E. 14.14 chains to a stake marked,G.55, from which a live oak 30" in diameter bears N. 32° 50' W. 4 1/2 links; thence N. 43° 10' E. 4.55 chains to a stake marked "G.54", N. 43° 4' E. 0.48 chains to a stake marked "G.53", N. 33° 34' E. 0.14 chains to a stake marked "G.52", N. 27° 54' E. 0.14 chains to a stake marked "G.51" and N. 36° 4' E. 13.61 chains to a stake marked "G.5" standing in the center of the old channel of the Permanente Creek, and from which a live oak 4 feet in diameter bears North 43 1/2° East 75 links and a laurel 4 feet in diameter bears North 16 1/2° East 0.64 1/2 chains; thence along the center line of the Permanente Creek with the following courses and distances, to wit: N. 89° 20' W. 2.04 chains, N. 37 1/2° W. 1.50 chains, N. 4° 25' W. 3.04 chains, N. 78° 35' W. 2.11 chains, N. 63 1/2° W. 1.32 chains, N. 81° 5' W. 2.08 chains, N. 23° 18' W. 1.63 chains, and N. 14 3/4° W. 1.00 chains; thence leaving said creek and running N. 15° 1' W. 1.76 chains to a white oak stump standing in the Northerly fence line of lands of T. F. Grant; said white oak stump being the stump of the tree marked "Story" and called for in the Deed to Caroline P. B. Story, recorded in Book "M" of Deeds, page 271; thence along said fence line, S. 87° 5' W. 43.15 chains to the point of beginning, and being a part of the San Antonio Rancho, Courses true. Variation 18° East. EXCEPTING THEREFROM all that portion conveyed to California Water Service Company by Deed recorded January 26, 1962 in Book 5446 Official Records, page 232, described as follows: Page 2 BEGINNING at a point in the South line of Tract No. 10, Map of Jo Mora Ranch filed in Book "Y" of maps, at page 53, Official Records of said County, said point being N. 87° 05' E. 10.0 feet from the center line of Mora Drive; thence S. 0° 09' E., 80.05 feet; thence S. 25° 22' E., 222.0 feet; thence S. 36° 40' E. 157.35 feet; thence S. 68° 57' E., 306.09 feet; to the true point of beginning of the hereinafter described tank site; thence N. 42° 06' E. 119.88 feet; thence S. 47° 54' E., 80.00 feet; thence S. 42° 06' W., 120.00 feet; thence N. 47° 54' W. 30.00 feet; thence N. 42° 06' E., 0.12 feet to the true point of beginning. PARCEL TWO LOTS 3,4,5 and the Southwest 1/4 of the Southeast 1/4 and the Southwest 1/4 of section 8, and the fractional Southwest 1/4 of Section 9, all in Township 7 South, Range 2 West, M.D.B. and M., according to Government Plat of said lands. TOGETHER with the equal one-third of the water with the free use thereof, flowing or to flow from a spring situate on the Northeast 1/4 of Section 17, Township 7 South, Range 3 West, M.D.B., and the privilege of laying and keeping the necessary pipes for the taking of said one-third of said water, over and on the Northeast 1/4 of said Section 17, and said water right and privilege being appur- tenant to that portion of the property above described, situate in the San Antonio Rancho, and Lots 3,4 and 5 and the Southwest 1/4 of the Southeast 1/4 of Section 8, Township 7 South, Range 2 West, M.D.B. and M., and being the same water right and privilege granted to G. H. Grant and T. F. Grant, their heirs and assigns forever, by instrument dated September 18, 1868 and recorded in Book "C" of Miscellaneous Records, page 241, Santa Clara County Records. EXCEPTING from the first above described parcel of land so much thereof as described in the Deed to H. S. Watson and C. M. Watson, by instrument recorded March 21, 1951 in Book 2176 Official Records, page 325. PARCEL THREE A strip of land 40 feet in width, lying 20 feet on each side of the following described center line: BEGINNING at the Southerly terminus of the center line of Ravensbury Avenue as shown upon the Map entitled, "Map of Los Altos Country Club Properties, Loyola, Santa Clara County, California", filed on January 21, 1924 in Book "R" of Maps, at page 50, Santa Clara County Records; thence from said point of beginning S. 39° 37' E. 282 feet, more or less, to the South line of Lot 2 in Section 8, Township 7 South, Range 2 West, M.D.M.