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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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * w • j. .i • s 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, ER RIIA 1979 W 1111111115 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, ' • S• • 0S.1 934 • 1.7 A ,. • a Z• •0 I7' a • Of. 93 A •J*? /1--- (soco/. AC) 8 56! AC. ToTA1. • ( 7.56 20.73 AC. •r • • 10 IL' ..j (ok\ 15 14 )3•4•7:1--- -19114s1.0:1.;Y ExCfvrio.y f. p • 'S CITY Cr MO ALTO- :g_ 1.383 • •• {3.60 AC) r'. -; 2 6 Ti• 6 `i . (16000 AC.) 07o.00 Ac} PARCEL / A . MC)t1TE8E , l (240.00 AC ) 1.8 OG� $/- ► 14,.,. 22i-23 . X.!31•:875 Yi 50/475 r •.r 951-1P-9 eo • P) A r^ .°� 14:o -'y ;t 4941\ 15 j • • 18 471.55 AC TOTA1. 39.' . $ o . l 2 A JY. 8 •t 19.27.tiC. •/ r 1 "{ 'SC.\I2• fI 1 1 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