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HomeMy Public PortalAboutResolution - 75-01- 19750122 - Board's interest in BlacRESOLUTION NO. 75-1 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 PUB- LIC PARK, 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 (BLACK MOUNTAIN OPEN SPACE PRESERVE) 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 described in Exhibit A attached to this resolution and incorporated herein by reference (the "property") are necessary for public park, recreation, and open space purposes, said purposes con- stituting 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 neces- sity 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 com- patible 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 negotiated 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 dis- cussed by or presented to this Board at its meeting this date or customary to this District in like transactions; 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 inter- ests 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. * * * * * * * * * * * * * * * * * * *,* * * * * * * * * * * * * * RESOLUTION NO. 75-1 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Park District on January 22 , 1975 , at a regular meeting thereof, by the following vote: AYES: NOES: Katherine Duffy, Barbara Green, Daniel Wendin, Nonette Hanko and Edward Shelley None ABSTAIN: None ABSENT: None ATTEST: APPROVED: gevaLeu.et -2/7 Secretary President, Board of Deers 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 DESCRIPTION - Parcel A: Those parcels of land partly in the City of Palo Alto, County of Santa Clara, State of California, described as follows: PARCEL ONE: The northwest 1/4 of Section 24, Township 7.South, Range 3 West, M.D.B. & M. EXCEPTING THEREFROM that portion thereof as granted to the County of Santa Clara for Montebello Road by Deed recorded December 1, 1893 in Book 166 of Deeds, page 22. PARCEL TWO: The Southeast 1/4 of Section 24, Township 7 South, Range 3 West, M.D.B. & M. PARCEL THREE: Lot 12 and that portion of Lots 13 and 14 of Section 19, Town- ship 7 South, Range 2 West, M.D.B. & M., lying southwesterly of the southwesterly line of Montebello Road. EXCEPTING THEREFROM an undivided 1/2 interest in and to the water from the spring located adjacent to the southerly corner of Lots 10 and 11 of Section 19, Township 7 South, Range 2 West, M.D.B. & M., as granted in the Deed to Leo Trentadue, et ux, recorded July 6, 1956, Book 3542 Official Records, page 440. PARCEL FOUR: Beginning at the point of intersection of the westerly line of Lot 15 in Section 19, Township 7 South, Range 2 West, M.D.B. & M., with the southwesterly line of Montebello Road, 40 feet wide; thence southerly along said westerly line of Lot 15, a distance of 150 feet; thence leaving said westerly line, easterly at right angles thereto to a point on said southwesterly line of Montebello Road; thence northwesterly along said line of Monte- bello Road, to the point of beginning, and being a portion of Lot 15, Section 19, Township 7 South, Range 2 West, M.D.B. & M. PARCEL FIVE: Lots 5, 6 and 7, Section 30, Township 7 South, Range 2 West, M.D.B. & M. PARCEL SIX: A non-exclusive easement for ingress and egress over the exist- ing 20 foot roadway across Lots 10 and 11, Section 19, Township 7 South, Range 2 West, M.D.B. & M., as reserved in the Deed from John F. Alves, et ux, recorded July 6, 1956, Book 3542 Official Records, page 440. PARCEL SEVEN: TOGETHER WITH a 1/3 interest in an existing spring which lies near the dividing line of Lots 9 and 10 of Section 19, Township 7 South, Range 2 West, M.D.B. & M.,.and the right to take by pipe 1/3 of the water of said spring, and the right of ingress and egress along said pipeline to and from said spring to main- tain and repair said pipeline and said spring, as provided for in the Deed from John F. Alves, et ux, to Paul H. Snyder, et ux, dated February 11, 1954, recorded February 25, 1954, Book 2821 Official Records, page 445. DESCRIPTION - Parcel B: That parcel of land situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: North 1/2 of the Northwest 1/4 and the North 1/2 of the North- east 1/4 of Section 25, Township 7 South, Range 3 West, M.D.B. & M.