HomeMy Public PortalAboutResolution - 77-43- 19771122 - Burns Property Monte BelRESOLUTION NO. 77-43
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF REVISED AGREEMENT TO
PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE
BELLO OPEN SPACE PRESERVE ADDITION - BURNS PROPERTY)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section one. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept the offer contained
in that certain purchase agreement between Alyce Lee Burns and the
Midpeninsula Regional Open Space District dated November 21, 1977,
a copy of which is attached hereto and by reference made a part
hereof, and authorizes the President and appropriate officers to
execute the Agreement on behalf of the District.
Section Two. The President of the Board or other appropriate
officer is authorized to execute a certificate of acceptance to any
deed granting title to said property.
Section Three. The General Manager of the District shall
cause to be given appropriate notice of acceptance to the seller.
The General Manager further is authorized to execute any and all
other documents in escrow necessary or appropriate to the closing of
the transaction.
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Midpeninsula Regional Open Space District
PURCHASE AGREEMENT
Alyce Lee Burns, hereinafter called "Seller"; and Midpeninsula
Regional Open Space District, a public district, hereinafter called
"Buyer" or "District", hereby agree to the sale and purchase of real
property, including certain improvements thereon, in fee simple
absolute, as said property is described in Exhibit A
attached hereto and incorporated herein by reference, for an agreed
price of $2,136,820 payable as described below, and according to the
conditions herein.
In consideration of which, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their
agreement.
2. The District shall pay all escrow, recording and normal
title insurance charges, if any, incurred in this
transaction, excluding therefrom any reconveyance, trustees
or forwarding fees for any full reconveyance of deed of
trust, a full release of mortgage, or any legal costs and
fees incurred in order to deliver title to District.
3. The District shall pay the sum of $2,136,820 for the
property described in Exhibit A attached
hereto, said sum to be payable as follows:
A. $536,820 at close of escrow for the real property
described in Exhibit A.
E. The $1,600,000 balance on real property described
in Exhibit A is payable in ten consecutive equal annual
installments of $160,000 each, plus 6% interest on the
unpaid balance, due each anniversary beginning the first
year from the close of escrow date. Said balance shall
be evidenced by a promissory note from District to
Seller secured by a deed of trust, the form of note and
deed of trust to be mutually agreed upon by Buyer and
Seller. District shall have the right at any time,
without any prepayment penalty whatsoever, to pay Seller
the balance of the principal due, or any portion thereof,
,with interest accrued to the date of payment of said
principal balance or portion of the balance due.
C. The annual installment payment on the principal and -
accrued interest on the $1,600,000 note shall be payable
by two separate checks, one check for the principal
installment and a second check for accrued interest.
D. The District shall have no obligation to pay any real
estate agent's commission or fee in this transaction.
E. It is understood that there is a legal action pending
in the Superior Court of Santa Clara County, case
No. P26800, that may affect title to approximately
241 acres of the total acreage of 610.52 acres shown
as Parcel No. 1 on Exhibit A to be conveyed to the
District by this agreement. Although in that pend-
ing action the Seller has obtained a favorable
judgment, the action is still on appeal and the
judgment is not final.
Because of this pending suit, it is agreed that the
District will make payments to the Seller on the
Note provided for in paragraph 3B for a period of
two years after the execution of the Note, or until
a total amount of principal has been paid of
$86,820 . including the payment made at the close
escrow.in the amount of $536,820 -for the land on Ex.
of
If during the two year period after close of escrow,
Seller's favorable judgment in the pending action
becomes final, the payments will thereafter continue
to be paid as provided for in the Note. If, however,
at the end of two years from close of escrow the
legal action is still pending and no final judgment
has been entered, then commencing after the second
year additional payments on the Note shall be made
into an interest bearing Trust Account with the
Bank of America, main office branch, 345 Montgomery
Street, San Francisco, California or any other
trustee mutually agreeable to the parties. The
payments into the Trust shall be held by the Trustee
for the benefit of the Seller and the District with
instructions to hold for distribution according to
this paragraph of this agreement pending the final
determination of action No. P26800.
If after the District has commenced payments into
the Trust the Seller obtains a favorable final
judgment vesting insurable title in the District
as to the 241 acres in action No. P26800, the
trust account. shall be paid in full to the Seller
and any remaining payments will be paid directly to
Seller in accordance with the Note and this Agreement.
If at any time during the two years after close
of escrow or any time thereafter a final judgment in
action No. P26800 is entered which divests Seller's
title to the 241 acres or any portion thereof, the .
District shall be discharged from -the obligation
of the Note and this agreement by an_ amount equal
to the number of acres lost in that action times
$3,500 per acre, and the District shall also be
entitled to either credit or reimbursement for interest
paid on the Note in consideration of the lost acreage.
(The note is predicated on a purchase price of
$3,500 per acre for the 610.52 acres discussed in
this paragraph 3E.)
If a final judgment divesting title of Seller to
any of the acreage occurs after the District has
made payments into the Trust Account, then the District
shall be entitled to obtain from the Trust Account
the sums representing payments for the lost acreage
together with any interest paid on such sums and it
shall also be discharged on the Note and this agree-
ment for further obligation to pay for the lost •
acreage on the basis of $3,500'per acre times the
number of acres lost to Seller. District shall also
be entitled to receive the interest accrued on the
funds refunded to it from the Trust Account.
It is further agreed that any Deed of Trust executed
as security for the Note shall be discharged as to
any portion of the 241 acres that may be lost to
Seller as a result of any unfavorable judgment in
action No. P26800.
It is agreed that the provisions of this paragraph
shall be made an integral part of the Note provided
for in paragraph 3B. and the Note shall be a negotiable
note with the restrictive conditions of this sub-
paragraph. Upon the close of litigation in action
No. P26800 in the Superior Court of Santa Clara
County in Seller's favor, and after final termination
of the said case, all restrictions to the negotiability
of said Note shall be automatically removed and the
District shall issue a letter acknowledging the fact
that all conditions of this subparagraph have been
performed and satisfied. The District shall, upon
request by.Seller, issue said letter acknowledging
,fak)
full satisfaction of the terms restricting said
Note, which letter shall be attached to said Note.
Said letter shall be issued and signed by the proper
officers or directors of the District without
unnecessary delay, and all sums that may have been
withheld or impounded in trust by provisions of
this subparagraph shall be ordered paid to the Seller.
In such event the District shall issue a notice to
the Trustee to the effect that all conditions have
been performed and that District releases said
trust funds, so impounded in trust, to the Seller,
ALYCE L. BURNS, to be deposited forthwith in her
savings account in the Bank of America, main office
branch, 345 Montgomery Street San Francisco, California.
to 4.
gje
Escrow account No. 1-4084 for sale of real property'
described in Exhibit A has been opened for the account
of Seller at First American Title Guaranty Company, San Jose
Said escrow shall close conditioned upon the property
described in Exhibit A attached hereto vesting in the
District free and clear of all liens, leases, encumbrances,
easements, assessments and taxes except:
A. Current taxes shall be prorated to date of close of
escrow. .
B. Typewritten exceptions and easements numbered 1, 2 & 3,
7 thru 16, 17 (as to 241 acres) , and 18 listed in the
preliminary title report relating to the subject property
issued under date of November 22, 1977 by the above
identified Title Company bearing escrow No. 1-4084.
C. Said policy of title insurance shall include an
affirmative statement that said policy shall insure
over the effect or outcome of the litigation
referred to in paragraph 3E, except as to said 241
acres,, with respect to real property described in
Exhibit A.
D. Title to subject property shall be conveyed to
District subject to the Note and Deed of Trust
referred to in subsection C of section 3, with
respect to real property described in Exhibit A.
5. Within 10 days after the date of this agreement, Seller
and District shall each prepare and file escrow instructions
in accordance with this agreement; and both parties shall
also deposit in escrow all deeds, instructions and other
documents necessary for the closing of escrow. Escrow
shall close 10 days after the date of this agreement
or sooner if mutually agreeable to the parties.
(4)
6. It is understood and agreed by the parties hereto, that
Seller has for some time been involved in litigation in
an effort to remove certain trespassers from subject
property. The litigation against the aforementioned
trespassers commenced prior to any discussions with the
District relating to the purchase of subject property.
Seller warrants that there will be no persons occupying
subject property at the time escrow closes, and escrow
in fact, shall not close until Seller has removed all
persons from subject property. Escrow will be extended
beyond 10 days, if said persons have not been removed
and will not close until said persons are removed.
7. Seller warrants that there are no oral or written leases'
or rental agreements on all or any portion of subject
property, and Seller agrees to hold the District harmless
and reimburse the District for any and all liability,
losses and expenses occasioned by reason of any lease
or rental agreement on the property.
8. The future being uncertain, it is hereby agreed that
should there be a default on the aforementioned note,
then the Trustee designated in the aforementioned Deed of
Trust, after 90 days written notice to the District,
shall record a deed of reconveyance from District to Seller,
unless the default is corrected. District waives all rights
which may hinder or delay such repossession of subject
property by Seller. Any sums of money previously paid to
Seller at the time of default shall be retained by Seller
as liquidated damages.
9. It is expressly understood by the parties hereto that
subject property shall be one parcel of land, without
the right of release of any portion from the lien of the
previously mentioned Deed of Trust until such time as all
the terms and conditions of this agreement have been
fulfilled.
10. This agreement shall survive death and inure to the benefit
of any heirs, assigns or pledgees of Seller, and shall not
be transferred, sold or assigned to any other person,
corporation, district or entity by District, unless such
transfer is authorized by Seller expressly through written
permission.
(5)
(Acknowledgment —General)
ATTORNEYS PRINTING SUPPLY FORM NO. 6
11. This agreement is entered into with the understanding
by the parties hereto, that in case of attempts to
dissolve the District, this agreement in all events
must be honored and performed.
ai9.6
12. Seller shall retain possession of the property conveyed
up to and including the date of recording of the deed
conveying title to District.
13. District may have until November 30, 1977 to execute
this agreement, in consideration of which District has
paid, and Seller acknowledges receipt:of the sum of $10.00.
14. Upon its execution by all parties this agreement shall
supersede any and all agreements previouslyentered into
between the parties with respect to the property.
STATE OF CALIFORNIA, Count __
........]
y: /...:.. 2c._ C'I_,' +.-✓
On this ,--? ► - L_._ ,_day of _ -7L6!i(~"->x�.�-e--0-/ _ in the year one thousand nine hundred and _..:0.-!- _ _
before me,
1r Notary Public in and for the _...County of_
"`�/`� `- r,-,:,e,-.r. --_., State of California, 'Tiding therein,
duly commissioned and sworn, personally ap eared..._ C.rt
p ct ..:rS_'t-s�-r=._
--------
known to me to be the person whose name..__:_-_ -___subscribed to the within instru-
ment, and acknowledged to me that.... ,,.:he executed she same.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal
DATED: /1
SELLER:
/,127
(P.,>/(2
BUYER:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By
President Board of Directors
11111111111,
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RIIA
1979 W
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Js.
certificate first above written.
in the County -Zs __the C=PS,„ � _the day and year in this
Notary Public in and for the County of --='f� - G
�`�f`- e-=''S;'@te of California.
My Commission Expires _
EXHIBIT "A"
_PARCEL ONE A
The Northwest 1/4 of Section 14; the North 1/2 of the Southeast 1/4 of
Section 15; all that portion of the Fractional Northwest 1/4 of Section 15,
lying Easterly and Southerly of the center line of the Page Mill Road; and al
'that portion of the South 1/2 of the Northeast 1/4 of Section 15, lying
Easterly and Southerly of the center line of Page Mill Road; all in Township
• 7, South Range 3 West, Mount Diablo Base and Meridian.
EXCEPTING THEREFROM i all that portion thereof _ included within the hounds
of the County of San Mateo, State . of California.
ALSO EXCEPTING THEREFROM all that portion of the South 1/2 of the
Northeast 1/4 of Section 15 lying Easterly and Southerly of the centerline
of Page Mill Road and lying East of a line drawn due South from the intersect
of the centerline of Page Mill Road with the division line between the County
of Santa Clara and the County of San Mateo; said division line being
designated as "South 81° 15' East" between "Station 64 and Station 65", all
being shown on that certain Record of Survey recorded July 18, 1951, in Book
32 of Maps, page 33.
PARCEL ONE .B
Beginning at the Quarter Section ,corner on the center of Section.15,
Township 7 South, Range 3 West, M.D.M., and running thence along the Quarter
Section line running East and West throught the center of said Section 15,
North 89° 30' West 23.58 chains to a stake marked D.M. 13 standing at the
intersection of said Quarter Section line with a picket fence frorn which
stake the Quarter Section corner between Sections 15 and 16, bears Nort:;
• 89 1/2° West 17.27 chains said .stake D.M. 13 being the Northwesterly corner
of that 79 acre tract, more or less deeded to Lambert Dornberger by Deed
dated September 7, 1886 and recorded in Book 88 of Deeds, page 67 in the •
office of the County Recorder of Santa Clara County, Californiarunning
thence along the said picket fence, and the Westerly line of said 79 acre t, ac
South 42 1/4° East 9.67 chains to a 6" x 6" fence post marked D -M 12, and
South 17 1/2° East 4.80 chains to* an elderberry tree marked D -M 11 standing
at the end of said picket fence; thence running along the. East side of a -
ravine South 22 3/4° East 2.43 chains, South 14 3/4° West 1.65 chains to a
leaning laurel 30 inches in.diameter marked D -M 9, South 6 1/2° East 1.22
chains, South 44 3/4° East 2.85 chains to Station D.M. 7, South 71 3/4° East
1.15 chains to a live oak tree marked D --M 6, South 18 1/4° East 1.27 chains
to a white oak marked D --M 5, South 16° East 2.80 chains, South 18 1/4° East
4.30 chains, South 30 1/4° East 3.80 chains, South 39° East 1.20 chains,
South 11 1/2° East 1.29 chains to the center of Stevens Creek; thence upon
the center of said Creek, South 12° West 2.31 chains South 5 1/4°.. West
1.20 chains to Station; South 17 1/4° West at 0.70 chains to a point from
which thb Quarter Section corner between Section 15 and 22, Township 7 South,
Range 3 West, bears North 83 3/4° East 5.80 chains at 1.72 chains to Statior, ,
South 10° East 2.00 chains South 36 3/4° West 1.9.5 chains to station near
the confluence of two ravines forming Stevens Creek; thence up the center
(Cont'd on next page)
,
•
(m\
'.'.,
• ►,, i 1 A
2 d
..of the Southerly ravine, South•12 3/4° East 1.40 chains, South 25 1/4° Last
•2.30 chains, South 28 1/4° East 1.15 chains, South 22 3/4° East 1.20 chains,
South 9 1/4° East 1.80 chains, South 34 1/4° East 1.90 chains, South 20 1/4°
East 1.80 chains, South 14 3/4° West 1.73 chains South 63 •3/4° West 2.40
chains, South 50 3/4° West 2.87 chains, South 41 3/4° West 1.23 chains to the
confluence of two ravines, South 46 3/4° East 0.90 chains to station in road
to Dornberger from which Station a pine oak tree 5" in diameter bears North
82 1/2° East 0.50 chains, thence cotinuing along the Westerly line of the
aforementioned 79. acre tract South 2° East 4.96 chains, South 8° East 2.53
chainsto a tan oak 8":in diameter marked D.H. 4, South 22° West 4.00 chains
to a pine tree 6 feet in diameter marked "D.M. 3"; thence leaving the Westerl,
line of the aforementioned 79 acre tract and running North 78° 17' East
11.72 chains to a stake marked D.3 standing at the most Southerly corner of
the fence around an old orchard; thence along the fence on the Southerly side
of said orchard and the prolongation of said fence, North 64° 55' East 7.82
chains to a stake marked D.4 standing in a fence running Northwest and
Southeast; thence North 54° 05' East 11.88.3/4 chains to a fence post marked
D.5 standing at the corner of two fences; thence North 30° 11' East 9.20
chains, cross ravine at 10.47 chains, a leaning madrone 10" in diameter at
12.57 chains a redwood tree 8 feet in diameter -at 15.42 chains a madrone tree
4 feet in diameter at 18.38 chains a tan oak tree 4 feet in diameter and at
•
23.24 chains to station in the center of the Stevens Creek from which Station
a 2" x 3" stake marked W.P. bears South 30° 11' West 20 links and from which
stake a tan oak 12" in diameter bears South 18 1/2° West 0.15 chains and a
leaning tan oak 9" in diameter bears South 83 1/4° West 0.28 chains, running
thence along the center of the Stevens Creek, Southeasterly the following
courses and distances:.South 55° 30'. East 1.75 chains North 60° 56' East
.1.95 chains, South 30° 56' East 2.00 chains, South 48° 36' East 1.39 chains
North 84° 09' East 1.81 chains, South 9° 38' East 1.07 chains, South 88° 04'
East 1.49 chains, South 66° 45' East 1.23 chains South_ 21° 54' East 2.73
chains, South 58° 24' East 2.23 chains, South 59° 40' : East 3.07 chains, South
50° 59' East 1.31 chains, South 41° 49' East 3.35 chains, South 83° 19' -
East 2.85 chains, South 41° 40' East 1.87 chains,.South 58° 24' East 1.70
chains, South 42° 43' ' East 1.25 chains, South 74° 15' East 2.41, chains to the
East line of the West one-half of the Northwest Quarter of Sec. 23. T. 7S. F.
3W., M.D.M. thence along said East line North 0° 35' West 14.56 chains to the
Northeast corner of the West one-half of theNorthwest Quarter of Sec. 23,
T. 7S,. R. 3 ., M.D.M.; thence along the section line running between Sections
14 and 23, T. 7S., R. 3W., M.D.M. , East 39.65 chains to the Southwest corner
of that 80 acre tract deeded to Arthur J. Bond by Deed dated April 4, 1895 and
recorded in Book 177 of Deeds, page 390 in the office of the County Recorder
of Santa Clara County, California; thence along the Westerly line of said
80 acre tract, North 3° 35' East 40.51 chains to the Northwest corner of
said 80 acre tract in the Quarter Section line running East and West through
the'.center of Section 14. T. 7S., R. 3W., M.D.M. , thence along the Quarter
Section line running East and West through the center of said Section 14,
West to the Quarter Section corner on the West line of said Section 14, then-.:ealong the West line of said Section 14, Southerly 20.15 chains to a 4"x 4"
stake standing at the Northeast corner of the South one-half of the Southeast
Quarter of Section 15 T. 7S., R. 3W., M.D,M. , thence along the North line
of the South one --half of the Southeast quarter of Section 15, North 88° 30'
(Cont'd on next pane)
!•
••
•
3
-
West 40.80 chains to the Northwest corner of the South one-half of the
Southeast Quarter of said Section 15; thence along the Quarter Section line
running North and South through the center of said Section 15, North 2°
East 18.15 chains to the .glace of beginning, being parts of Sections 14, 15,
22 and 23, T. 7S., R. 3W., M.D.M.
EXCEPTING THEREFROM that portion thereof conveyed by Sada Coe Robinson
to John H. Richey by Deed dated March 13, 1950 and recorded April 26,
1950 in Book 1967 of Official Records, page 406 and more particularly
described as follows:
Beginning at the point of intersection of the Southerly line of the
Skyline Boulevard, as the same existed in January 1950, with the Westerly
line of the 454.89 acre parcel of land conveyed by Bertha A. Hayes to Sada
Coe Robinson by Deed. dated January 14, 1946, and recorded January 17, 1946,.
in Book 1266 of Official Records, page 531, Santa Clara County Records,
thence from said point•of beginning Southerly along said Westerly line of
the 454.89 acre parcel above referred to, to the most Southerly corner
thereof at a pine tree 6 feet in diameter marked D.M. 3, thence Northeasterly
along the Southerly line of the said 454.89 acre parcel to the intersection
thereof with the said Southerly line of the Skyline Boulevard; thence
Westerly along said line to the point of beginning, being a portion of the
North 1/2 of Section 22, Township 7 South, Range 3 West, M.D.B.6M.
ALSO the right of way from -the lands and premises above described to the
County Road, reserved in the Deed from Lambert Dornberger to Frances Mayer,
dated June 25, 1875 and recorded July 29, 1875 in Book 36 of Deeds, page
506, Santa Clara County Records.
ALSO the right to take, appropriate and use the water of a certain sprir<<
situated on the Northwest Quarter of Section 22, Township 7, South, Range
3 West M.D.M., and Northerly from the above mentioned Madrone Tree marked
D.M. 2, said spring being the same heretofore used by Lambert Dornberger;
also the right to lay down, keep and maintain suitable and proper pipes to
conduct said water and to make, erect, keep and maintain there at all
necessary and suitable improvement for collecting, storing and using said
water and also the right of way for egress and ingress to and from said spring
over, upon and across the land of Frances Mayer. Also the right of way over
the travelled road leading from the Page Mill Road to the premises of Lambert
Dornberger; all as reserved in the deed from Lambert Dornberger to Frances
Mayer, dated September 7, 1886 and recorded December 18, 1886 in Book 87 of
Deeds, page 202, Santa Clara County Records. •
PARCEL ONE C
All that portion of the South1/2 of the Northeast 1/4 of Section 15,
Township 7 South, Range 3 West, lying Easterly and Southerly of the centerline
of Page Mill Road and lying East of a line drawn due South from the intersecti:
of the center line of Page Mill Road with the division line between the County
(Cont'd on next page)
of Santa Clara and the County of San Mateo, said division line being designated as "South 81°•15' East" between "Station 64 and Station 65" +`being' shown on that certain Record of Survey recorded July 18 1951 all
in Book 32 of Maps, page 33.
EXCEPTING THEREFROM the following described parcel of la
nd:
A portion of the Northwest 1/2 of the Southeast 1/4 of the Northeast
1/4 of Section 15, Township 7 South, Range 3 West, M.D.B.6M., and being
more particularly described as follows:.
Beginning at an iron pipe in the center line of Page Mill Road, (40.00
feet wide) on the North line of the South 1/2 of the Northeast o 0
Section 15: thence along said North line, South 89° 10' 07" East 1041.62
said
feet to an iron pipe on the Easterly line of a 1 f . 2
in width) known as Montebello Road; thence along rsaid eEaster y line feet0 i
the following courses and distances: Southerly along the arcloflane with
c
the right the tangent of which bears South 24° 32' 08" East having arve to
radius of 170 feet, through a central angle'of 24° 57' 27" an arc distnce
'of 74.05 feet to an iron pipe; thence South 0° 25' 19" West 193.74 feet
to an iron pipe at the beginning of a curve; thence along the arc of a curve
to the left, having a.radius of 440 feet; through a central angle of 11°
49' 15" are arc distance of 90.78 feet to an iron pipe at a
curvature; thence along the arc of a compound curve to the left, of compound
radius of 50 feet, through a central angle of 97° 34' 30" an arc distance e
of 85.15 feet to an iron pipe; thence North 71° 01' 34" East . 5 0.2 8 feet to
..an iron pipe at the beginning of a curve, thence along the arc of a curve
to°t3e'right, havinga radius of 80.00 feet, through a central angle of
88 55" an arc distance of 123.73 feet to an iron pipe; thence South 20°
21' 34" East 41.75 feet to an iron pipe at the beginning of a curve; thence
along the arc of a curve to the left having a radius -110f 205.00 feet; throw h
a central angle of 25° 37' 10" an arc distance of 91.66 feet to an iron pig,
-thence South 45° 58' 41" East 45.38 feet to an iron pipe at the beginning
of a curve; thence along••the arc of a curve to the right havin s
18-5.00 feet, through a central angle of 22° 49' 15" an arc distance
roflus oY.
73.69 feet to an iron pipe; thence South 23° 09' 26" East 141.68 feet to an
iron pipe; thence leaving said Easterly line of Montebello Road North 890
10' 07"West 1698.75 feet to an iron pipe in the center line of said Page.M • l
Road; i1
thence along said centerline with the following courses and distances:
North 40° 21' 34" East 116.35 feet to a 3/4 inch iron pipe; North 20° 54' 34"
East 179.86 feet to a 3/4 inch iron pipe; North 13° 34' 04" East 230.02
feet to a 3/4 inch iron pipe and North 6° 54' 43" East 273.98 feet to the
point of beginning.
ALSO EXCEPTING FROM above mentioned Parcels No. 1 and No. 3 the
following described property as conveyed in the Final Judgment �"
of • ^•
recorded November 13, 1964, in Book 6740 of Official Records nde;nnati or.
described' as follows: page 287,
(Cont'd on next page)
Beginning at an iron pipe in the center line of Page Mill Road marking-;
the .most Westerly corner of that certain 22.270 acre tract of land conveyed
•by Alice Lee Burns to Harry J. Beyer,Jr.. , et al, dated March 18, 1963 and
recorded June 20, 1963 in Book 6071 of Official Records, page 412, Records
of Santa Clara County, California; thence North 88° 50' 27" East along the
Southerly line of said Tract of land 1327.57 feet to the true point of
beginning; thence from said true point of beginning North 88° 50' 27" East
361.43 feet; thence South 12° 36' 47" East 87.70 feet; thence South 47°
53' 36" West 171.00 feet; thence South 72° 53' 36" West 140.00 feet; thence
North 27° 06' 24" West 263.00 feet to the true point of beginning, and being
a portion of Section 15, Township 7 South, Range 3 West, M.D.B.&M.
ALSO EXCEPTING FROM all the lands hereinabove described so much
thereof as lies within the following described parcel of. land:
Beginning at the center of Section 15, Township 7 South, Range 3
West, M. D. B. EM. , thence Westerly along the Quarter Section line through
the center of said Section 15, North 89° 30' West 1556.28 feet more or less
to a stake marked "D.M.13", standing at the intersection of said Quarter
Section line with'a picket fence from which stake the Quarter Section
corner between Sections 15 and 16, bears North 89° 30' West 1556.28 feet
more or less, said stake "D.M.13" being the Northwesterly corner of that
tract of land deeded to Lambert Dornberger by Deed dated September 7, 1886
• and recorded in Book 88 of Deeds, page 67 in the office of the County Recorder
.o Santa Clara County, California, said point being the TRUE POINT OF
BEGINNING, thence from said TRUE POINT OF BEGINNING Westerly along said
Quarter Section line running through the center of said Section 15 North
89° 30' West to the division line between San Mateo County and Santa Clara
•County; thence Northerly and Easterly along said county division•line,
1636 feet more or less, to the center line of Page' Mill Road; thence
• Easterly along the * centerline of Page Mill Road, 1230 feet more. or less,
to said County division line; thence Easterly along said County Division
line to a point lying 350 feet East of a line running North and South
through the center of said Section 15; thence Southerly along a line, paralle)
with a North and South section line through the center of Section 15, said
line being 350 feet East of the center of Section 15, to the Northerly
Right of Way line of Skyline Boulevard; thence along the Northerly Right of
Way line of Skyline Boulevard Westerly to the Westerly line of the 4544.89 •
acre parcel of land conveyed by Bertha A. Hayes to Sada Coe Robinson by
Deed dated January 14, 1946, and recorded January 17, 1946 in Book 1266
of Official Records, page .531, Santa Clara County Records; thence Northerly
along said Westerly line of the 454.89 acre parcel of land to the TRUE POINT
OF BEGINNING, '
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RESOLUTION N0.77-43
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on November 22 , 1977 at a
regular meeting thereof, by the following vote:
AYES: D. Wendin, B. Green, N. Hanko, R. Bishop, H. Turner,
K. Duffy and E. Shelley
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Secretary, Board of Directors
APPROVED:
Presiden
, 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 date.
District Clerk