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HomeMy Public PortalAboutResolution - 78-25- 19780927 - Stanford Property MonteRESOLUTION NO. 78-25 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING GRANT DEED AND AUTHORIZING OFFICER TO EXECUTE COVENANT AND RESERVATIOiv AND CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT AND REAFFIRMING AUTHORI ZATION OF GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF.THE TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE -STANFORD D PROPERTY) The Board of Directors of The Midpeninsula Regional Open Space District does resolve as follows: Section One. The form of deed wherein The Board of Trustees of the Leland Stanford Junior University, a body having corporate powers, as grantor, and -The Midpeninsula Regional Open Space District, a public district, as grantee, including the Covenant and Reservation contained therein,as affixed hereto, and is hereby approved, and the President or other appropriate officer is hereby authorized to execute same on behalf of the District, and execute a Certificate of Acceptance with respect thereto. Section Two. Sections Three and Four of Resolution #78-7 are hereby ratified and confirmed. ********************************************************************* RESOLUTION NO. 78-25 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on September 27 regular meeting thereof, by the following vote: AYES: , 1978 at a K. Duffy, N. Hanko, D. Wendin, E. Shelley, B. Green and R. Bishop NOES: None ABSTAIN: H. Turner ABSENT: None ATTEST: APPROVED: 4/611/G1/1.6 otztt,4 2. 41. 44Aert. Secretary, Board of Directors Vice President, Board of Dire it 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 RECORDING REQUESTED l3Y.— ORDER = APN WHEN RECORDED MAIL TO Midpeninsula Regional Open Space District 37 5Distel Drive Los Altos CA 94022 L Attn: L. Craig Britton 1 MAIL TAX STATEMENTS TO Name street Same as above Address City & State 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE J Grant Deed TRANSFER TAX S None • FULL VALUE EQUITY REALTY NOT SOLD X Exempt FORA VALUABLE CONSIDERATION, TM BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers hereby GRANT(S) to MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district the following described real property in the City of Palo Alto County of Santa Clara , State of California: Being more particularly described on "Exhibit A", attached hereto and incorporated herein by this reference. The covenant of the Grantee, and the reservation to the Grantor, attached hereto as "Exhibit B", are hereby incorporated in and made a part hereof. Assessor's Parcels 351-12-030, -034, -038, -042, -044, and 351-06-011. Dated STATE OF CALIFORNIA COUNTY OF }SS. On J before me, the undei- signed, a Notary Public in and for said State, personally appeared known to me to be the person whose name___ subscribed to the within instrument and acknowledged that Y executed the same. WITNESS my hand and official seal. Signature The Board of Trustees of the Leland Stanford Junior University By: Name (Typed or Printed) (This area for official notarial seal) EXHIBIT "A" All that certain real property situated in the City of Palo Alto, County of Santa Clara, State of California,described as follows: PARCEL QNE: The Easterly fifty (50) acres of the Southwest quarter (SW 1/4) of Section 24, Township 7 South, Range 3 WEst, M.D.B. & M. PARCEL TWO: The East one - half of the Southwest quarter (E 1/2 SW 1/4) of Section 24, EXCEPTING THEREFROM the Easterly fifty (50) acres of the Southwest quarter (SW 1/4) of Section 24 conveyed by Gift Deed dated December 23, 1961, recorded December 27, 1961 in Book 5412 at pages 399 - 400 of the Official Records of Santa Clara County, California, from George F. Morell and Athene B. Morell, his wife, Grantors, to the Board of Trustees of the Leland Stanford Junior University, Grantee; ALSO the East one - half of the West one - half of the Southwest quarter (E 1/2 W 1/2 SW 1/4) of Section 24; all in Township 7 South, Range 3 West, M.D.B. & M., and deemed to comprise seventy (70) acres. PARCEL THREE: The West one - half of the WEst one - half of the Southwest quarter (W 1/2 W 1/2 SW 1/4) of Section 24, Township 7 South, Range 3 West, M.D.B. & M., deemed to comprise forty (40) acres. PARCEL FOUR: The East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23, Township 7 South 3 Range WEst, M.D.B. &M., deemed to comprise, forty (40) acres. PARCEL FIVE: All that portion of the East one --half of the Southwest one -- quarter (E 1/2 SW 1/4) of Section 23, Township 7 South, Range 3 West, as lies Easterly of the Easterly line of Skyline Boulevard, as said Boulevard is described in Deed from Edwin F. Albertsworth et ux to the State of California, dated November 27, 1938, recorded Janaury 28, 1939 in Book 826 Official REcords, page 119, San Mateo County Records; and recorded February 1, 1939 in Book 911 at page 508 of the Official Records of Santa Clara County, California. (Continued) Page 2 EXHIBIT "A" continued EXHIBIT Page of J EXCEPTING THEREFROM that certain parcel of real property in Section 23, Township 7 South, Range 3 West, M.D.B. & M., situated in the County of Santa Clara and the County of San Mateo, STate of California, containing 8.722 acres of land, more or less, which was conveyed by Grant Deed dated April 4, 1968, recorded May 14, 1968 in Book 8121 at pages 153 - 154 of the Official REcords of Santa Clara County, California, and recorded May 20, 1968 in Book 5475, at pages 742 - 743 of the Official Records of San Mateo County, California, from George F. Morell, Grantor, to William Huston Smith and Patricia Morell Smith, husband and wife, Grantees, more particularly described as follows: COMMENCING at a granite monument at the corner common to Sections 23, 24, 25 and 26, Township 7 South, Range 3 West, Mount Diablo base & Meridian; thence from said point of commencement North 87° 57' 50" WEst along the line dividing said Section 23 and Section 26, 1,768.40 feet to a 1 - 1/2 inch iron pipe; thence on the are of a curve to the left (a radial bearing from said 1 - 1/2 inch iron pipe bears North 89° 45' 11" WEst) with a radius of 1,400 feet, through a central angle of 20° 15' 19" for an arc distance of 494.93 feet; thence tangent to said last - mentioned curve North 20° 00' 30" West 724.74 feet; thence on the arc of a tangent curve to the left with a radius of 1,900 feet, through a central angle of 7° 38' 22" for an arc distance of 253.33 feet to thetrue point of beginning oar the parcel to be described; THENCE FROM SAID TRUE POINT OF BEGINNING along a line radial to said last - mentioned curve South 62° 21' 08" West 850.00 feet to a point on the Northeasterly line of Skyline Boulevard (being 100 feet wide); thence along said Northeasterly line of Skyline Boulevard on the arc of a curve to the left (from which said last - mentioned course is radial) with a radius of 1,050 feet, through a central angle of 17° 21' 47" for an arc distance of 318.20 feet; thence leaving Skyline Boulevard on a line radial to said last - mentioned curve North 44° 59' 21" East 850.00 feet; thence on the arc of a curve to the right (from which said last - mentioned course is radial) with a radius of 1,900 feet, through a central angle of 17° 21' 47" for an arc length of 575.78 feet to the true point of beginning. CONTAINING 8.722 acres of land, more or less. PARCEL SIX: The East one - half (E 1/2) and the East one - half of the Northwest one - quarter (E 1/2 NW 1/4) of Section 23, Township 7 South, Range 3 West, M.D.B. & M., containing approximately 400 acres, according to the Official Maps thereof on file in the office of the Bureau of Federal Land Management (formerly General Land Office) approved April 26 1867 and September 24, 1919; EXCEPTING THEREFROM the East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23, Township 7 South, Range 3 West, M.D.B. & M., conveyed by Gift Deed dated December 28, 1964, recorded December 31, 1964 in Book 6801 at pages 371 - 373 of the Official Records of Santa Clara County, California, from George F. Morell and Athene B. Morell, his wife, Grantors, to The Board of Trustees of The Leland Stanford Junior University, Grantee. Page 3 PARCEL SEVEN: EXHIBIT "A" continued EXHIBIT Page . BEGINNING at the corner common to Sections 13, 14, 23 and 24, Township 7 South, Range 3 West, M.D.B. &-M., said Section corner being in the centei of a buckeye bush as called for in United States Field Notes; running thence South 87° 42' West along the line dividing said Sectons 14 and 23, 20.35 chains to a 3" x 4" post from which a buckeye tree 10 inches in diameter bears North 16 1/2° West 81 links; thence North 3° 35' East 40.51 chains to a point from which a tan oak 10 inches in diameter bears South 20 1/2° East 112 1/2 links; thence North 89° 10' East 17.50 chains to the 1/4 Section corner between Sections 13 and 14 above referred to; thence South 40 chains to the point of beginning, and being a portion of the Southeast quarter (SE 1/4) of Section 14, Township 7 South, Range 3 West, M.D.B. & M., and containing approximately 80 acres, according to the Official Maps thereof on file in the office of the Bureau of Federal Land Management (formerly General Land Office) approved April 26, 1867 and September 24, 1919. TOGRTHER WITH: PARCEL EIGHT: As to Parcels Five, Six and Seven hereinabove described those certain rights as provided for in the Road Agreement entered into by and between Mildred Scott Ligda, first party George F. Morell, second party, and Henry Dillion Winship and Katherine Winship Hayes, as tenants in common, third party, dated August 1, 1958, recorded February 24 1959 in Book 4331 at page 628 of the Official Records of Santa Clara County, California. PARCEL NINE: The right to use and travel over the old wood road running from Monte Bello Road to the Northerly portion of the East one - half of the Northeast one - quarter (E 1/2 NE 1/4) of Section 14, Township 7 South, Range 3 West, M.D.B. & M., which right to use and travel over was conveyed by Deed dated January 14, 1946, recorded January 17, 1946 in Book 1302 at page 367 of the Official Records of Santa Clara County, California from Anna O'Neil and Bertha G. Hayes, Grantors, to George F. Morell, Grantee. PARCEL TEN: The ten percent (10%) royalty on all of the oil, gas, and other hydrocarbon substances produced and saved from the Southwest quarter (SW 1/4) of Section 24, and from the East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23; all in Township 7 South, Range 3 West, M.D.B. & M., which royalty was excepted and reserved in the two Gift Deeds dated December 28, 1964, recorded December 31, 1964 in Book 001 at pages 368 - 370 and 371 - 373 respectively of the Official Records of Santa Clara County, California, from George F. Morell and Athene B. Morell, his wife, Grantors, to The Board of Trustees of The Leland Stanford Junior Page 4 PARCEL ELEVEN: EXHIBIT "A" continued The minerals, expressly including limestone, other rock, gravel or precious earths, and the non - exclusive easement and right to use the existing ranch road, which minerals, easement, and right to use were excepted and reserved from the Southwest quarter (SW 1/4) of Section 24, and from the East one - half of the East one - half of the Southeast quarter (E 1/2 E 1/2 SE 1/4) of Section 23; all in Township 7 South, Range 3 West, M.D.B. & M., which were conveyed in four separate parcels to The Board of Trustees of The Leland Stanford Junior University by Gift Deed dated December 23 1961, recorded December 27, 1961 in Book 5412 at pages 399 - 400 of the Official Records of Santa Clara County, California, by Gift Deed dated December 12, 1962, recorded December 20, 1962 in Book 5836 at pages 460 - 461 of the Official Records of Santa Clara County, California, by Gift Deed dated December 23, 1963, recorded December 31, 1963 in Book 6328 at pages 440 - 441 of the Official Records of Santa Clara County, California, and by Gift Deed dated December 28, 1964, recorded December 31 1964 in Book 6801 at pages 371 - 373 of the Official Records. of Santa Clara County, California, all of which Gift Deeds were from George F. Morell and Athene B. Morell, his wife, Grantors, to The Board of Trustees of The Leland Stanford Junior University Grantee; together with all of Grantor's right , title and interest in and to any other easement, right of access or way, mineral, oil, gas or other hydrocarbon royalty or interest in and above - described property whether Grantor's by reservation, grant, succession, agreement, or otherwise, it being Grantor's intention hereby to convey to The Board of Trustees of The Leland Stanford Junior University, Grantee, all of his right, title and interest in and to all of said real property without reservation. EXHIBIT Page of EXHIBIT B Grantee hereby COVENANTS, for itself, its successors and assigns, that all of the land hereby conveyed shall be forever used as, and maintained in, open space, wilderness, park, agricultural or watershed, or similar purposes, all as contemplated by or coming within the following portion of Grantee's Basic Policy as adopted by Grantee's Board of Directors on March 27, 1974, to wit: "The District will follow a land management - policy that provides proper care of open space land, allowing public access appropri- ate to the nature of the land and consistent with ecological values." This covenant is made (a) for the benefit of the Grantor, its successors and assigns; (b) for the benefit of the ease- ment in the land hereby conveyed which is hereinafter in this deed reserved unto the Grantor, its successors and assigns; and (c) for the benefit of those certain lands of the Grantor, located in the Counties of Santa Clara and San Mateo, State of California, more particularly shown and described as the lands cross -hatched on the plat attached hereto as Exhibit "C" and incorporated herein by this refer- ence. This covenant is expressly intended by the Grantor and Grantee to run with the land hereby conveyed for the benefit of the easement and land of the Grantor herein des- cribed as benefitted thereby, and shall bind each and every successive owner of the land hereby conveyed, or of any in- terest therein, for the benefit of said easement and said land of the Grantor. This covenant shall be enforceable by an action for injunctive relief or for such other relief as may be proper, brought in a court of jurisdiction by the Grantor, its successors or assigns against the Grantee, its successors or assigns. Grantee hereby further covenants that in any later trans- fer or conveyance by it of the land hereby conveyed or of any interest therein, the deed or other document effecting such transfer shall contain a covenant between the Grantee and such transferee, made expressly for the benefit of the Grantor herein, whereby the transferee shall agree (a) to use the land solely in the manner hereinabove set forth, and (b) to re- quire any subsequent deed or document of transfer to contain covenants by a subsequent transferee (i) to so use the land and (ii) to impose in turn on the next following transferee in any subsequent transfer, each and every requirement des- cribed in this paragraph. Grantor hereby. RESERVES AND RETAINS unto itself, its successors and assigns, and EXCEPTS from the above grant of said land, the right and easement in perpetuity to enter upon and use any and all of said land from time to time for its educational purposes, including research; provided, how- ever, that Grantor's right and easement hereunder shall not be inconsistent with the Grantee's use of said land, and shall not include the right: (1) to use said land in such fashion or for such purpose as would destroy or substantially hinder the ability of Grantee and its successors and assigns to maintain and use said land within the limitations of the covenant expressed in the first paragraph; or (2) to erect permanent structures of a sub- stantial nature. Use of said land by Grantor, its successors and assigns, pursuant to the foregoing provisions shall be subject to the prior approval of Grantee, its successors and assigns which approval shall not, in light of the provisions of this instru- ment, be unreasonably withheld; and may be made subject to such reasonable conditions as are appropriate to protect Grantee, its successors and assigns and the land from liability, claim, loss or damage. It is expressly understood that the educational purposes for which this right and easement is re- served are or may in particular instances by dependent upon compliance by Grantee, its successors and assigns, with the covenant as to the use of the property hereinbefore set forth; and that said covenant is intended to benefit this right and easement in perpetuity. It is further understood that the right and easement herein reserved is the right and easement to enter upon and to use said land in the condition contem- plated by said covenant, and that uses of the property by Grantee, its successors or assigns which are not in accordance with said covenant shall be conclusively deemed improper uses of the servient tenement which obstruct the enjoyment by Grantor of this right and easement. So Covenanted and Agreed this day of , 1978. MID -PENINSULA REGIONAL O)EN SPACE DISTRICT By Its GRANTEE EXHIBIT "C" Page 1 of 1 This exhibit is still being prepared by Stanford and will be a plat showing the lands of Stanford which are benefitted by the covenant (the central academic campus and Jasper Ridge Biological Area) crosshatched. RECORDING REQUESTED I3Y ORDER AP\ WHEN RECORDED MAIL TO E Midpeninsula Regional Open Space District Distel Drive Los Altos, CA 94022 �- Attn: L.Crai• Britton 1 MAIL TAX STATEMENTS TO 1 Name Same as above S.treet Address .City & State L SPACE ABOVE T1.11S LINE FOR RECORDER'S USE J Grant zr etd TRANSFER TAX S None FULL VALUE EQUITY REALTY NOT SOLD X Exempt FOR A VALUABLE C'ONSII)I:RATION, THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers hereby GRANT(S) to MIDPI:NINSULA REGIONAL OPEN SPACE DISTRICT. a public district the following described real property in the County or San Mateo ; State of California: Being more particularly described on "Exhibit A", attached hereto and incorporated herein by this reference. The covenant.of the Grantee, and the reservation to the Grantor, attached hereto as "Exhibit B", are hereby incorporated in and made a part hereof. Assessor's Parcel 080-311-020. The Board of Trustees of the Leland Stanford Junior University Dated By: STATE OF CALIFORNIA COUNTY OF_ fSS. On -- _._.__-.- - -__ before me, the under= signed. a Notary Public in and for said State, personally appeared -- -- --- ----- - . _. , known to me to be the person____ whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature • Name (Typed or Printed) (This area for official notarial seal) All that portion of the East one-half of the Southwest one -quarter (E 1/2 of SW 1/4) of Section 23, Township 7 south, Range 3 West, as lies Easterly of the Easterly line of Skyline Boulevard as said Easterly line was established by that certain Deed from Edwin F. Albertsworth et ux to the State of California, recorded January.28, 1939 in Book 826 of Official Records at page 119 (File No. 51536-D) , Records of San Mateo County, California; and recorded February 1, 1939 in Book 911 of Official Records at page 508, Records of Santa Clara County, California. EXCEPTING THEREFROM the lands conveyed to William Huston Smith, et ux, by that certain Deed recorded May 20, 1968 in Book 5475 of Official Records at page 742 (File No. 44432 -AB), Records of San Mateo. County, California; and recorded May 14, 1968 in Book 8121 of Official Records at page 153 of Santa Clara County Records, California. ALSO EXCEPTING THEREFROM so much as lies within the County of Santa Clara, a political subdivision of the State of California. IOCsHRR2T 1-- P c Ti' EXHIBIT B Grantee hereby COVENANTS, for itself, its successors and assigns, that all of the land hereby conveyed shall be forever used as, and maintained in, open space, wilderness, park, agricultural or watershed, or similar purposes, all as contemplated by or coming within the following portion of Grantee's Basic Policy as adopted by Grantee's Board of Directors on March 27, 1974, to wit: "The District will follow a land management policy that provides proper care of open space land, allowing public access appropri- ate to the nature of the land and consistent with ecological values." This covenant is made (a) for the benefit of the Grantor, its successors and assigns; (b) for the benefit of the ease- ment in the land hereby conveyed which is hereinafter in this deed reserved unto the Grantor, its successors and assigns; and (c) for the benefit of those certain lands of the Grantor, located in the Counties of Santa Clara and San Mateo, State of California, more particularly shown and described as the lands cross -hatched on the plat attached hereto as Exhibit "C" and incorporated herein by this refer- ence. This covenant is expressly intended by the Grantor and Grantee to run with the land hereby conveyed for the benefit of the easement and land of the Grantor herein des- cribed as benefitted thereby, and shall bind each and every successive owner of the land hereby conveyed, or of any in- terest therein, for the benefit of said easement and said land of the Grantor. This covenant shall be enforceable by an action for injunctive relief or for such other relief as may be proper, brought in a court of jurisdiction by the Grantor, its successors or assigns against the Grantee, its successors or assigns. Grantee hereby further covenants that in any later trans- fer or conveyance by it of the land hereby conveyed or of any interest therein, the deed or other document effecting such transfer shall contain a covenant between the Grantee and such transferee, made expressly for the benefit of the Grantor herein, whereby the transferee shall agree (a) to use the land solely in the manner hereinabove set forth, and (b) to re- quire any subsequent deed or document of transfer to contain covenants by a subsequent transferee (i) to so use the land and (ii) to impose in turn on the next following transferee in any subsequent transfer, each and every requirement des- cribed in this paragraph. Grantor hereby RESERVES AND RETAINS unto itself, its successors and assigns, and EXCEPTS from the above grant of said land, the right and easement in perpetuity to enter upon and use any and all of said land from time to time for its educational purposes, including research; provided, how- ever, that Grantor's right and easement hereunder shall not be inconsistent with the Grantee's use of said land, and shall not include the right: (1) to use said land in such fashion or for such purpose as would destroy or substantially hinder the ability of Grantee and its successors and assigns to maintain and use said land within the limitations of the covenant expressed in the first paragraph; or (2) to erect permanent structures of a sub- stantial nature. Use of said land by Grantor, its successors and assigns, pursuant to the foregoing provisions shall be subject to the prior approval of Grantee, its successors and assigns which approval shall not, in light of the provisions of this instru- ment, be unreasonably withheld; and may be made subject to such reasonable conditions as are appropriate to protect Grantee, its successors and assigns and the land from liability, claim, loss or damage. It is expressly understood that the educational purposes for which this right and easement is re- served are or may in particular instances by dependent upon. compliance by Grantee, its successors and assigns, with the covenant as to the use of the property hereinbefore set forth; and that said covenant is intended to benefit this right and easement in perpetuity. It is further understood that the right and easement herein reserved is the right and easement to enter upon and to use said land in the condition contem- plated by said covenant, and that uses of the property by Grantee, its successors or assigns which are not in accordance with said covenant shall be conclusively deemed improper uses of the servient tenement which obstruct the enjoyment by Grantor of this right and easement. So Covenanted and Agreed this day of , 1978. MID -PENINSULA REGIONAL OPEN SPACE DISTRICT By Its GRANTEE EXHIBIT "C" Page 1 of 1 This exhibit is still being prepared by Stanford and will be a plat showing the lands of Stanford which are benefitted by the covenant (the central academic campus and Jasper Ridge Biological Area) crosshatched.