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HomeMy Public PortalAboutResolution - 78-34- 19781213 - Authorize Closing of LonRESOLUTION NO. 78-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A BOUNDARY LINE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE SAID BOUNDARY LINE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT OF RIGHT OF WAY TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO. CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE) 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 approve and authorize the execution of a boundary line agreement with Keith Rogney, et ux and Waldo H. Leynse, et ux for the establishment of the true common boundary line on portions of the Long Ridge Open Space Preserve, as set forth on Exhibit A, as attached hereto and by this reference made a part hereof. Section Two. The president of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed(s) granting a right-of-way easement to the District. Section Three. The President of the Board or other appropriate officer is authorized to execute said boundary line agreement. The General Manager is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The Board of Directors finds that the granting of this easement is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Long Ridge Open Space Preserve. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 78-34 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on December 13 regular meeting thereof, by the following vote: 1978 at a AYES: R. Bishop, K. Duffy, B. Green, N. Hanko, E. Shelley, H. Turner and D. Wendin NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: Secretary, Board of Directors Preside -trel/L-v•-12.-"\--1 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 BOUNDARY LINE AGREEMENT Keith Rongey and Jane Rongey. Waldo H. Leynse and Ruth A. Leynse Party of the First Part Harry A. Turner, President Board of Directors Midpeninsula Regional Open Space District (a public district) Party of the Second Part WHEREAS, the Party of the First Part and the Party of the Second Part own land adjoining each other situated in Section 35, Township 7 South, Range 3 West, M.D.B. & M., San Mateo County, California; and WHEREAS, there has been extensive surveying work done to establish the boundaries of the lands of the Party of the First Part and to record a Record of Survey of said lands; and WHEREAS, the parties desire to avoid any future controversy and estab- lish the following described line as.the true common boundary line between their respective lands. NOW THEREFORE, it is agreed by the parties hereto as follows: 1. That the parties hereto accept and confirm as true and correct the following described line as the location, bearing and distances of the true boundary line between their respective lands: BEGINNING at the center of Section 35, Township 7 South, Range 3 West, M.D.B. & M. marked on the ground by a 3/4" iron pipe tagged R.C.E. 7548 and shown on 7 L.L.S. 87 and 34 PM 47 Records of San Mateo County, California and running as follows: South 890 48' 30" East, 327.53 feet to a 3/4" iron pipe (L.S. 2770) thence North 00 48' 38" East, 665.36 to a 1/2" iron pipe (L.S. 2770) thence South 89° 55' 22" East 327.34 feet to a 1/2" iron pipe (L.S. 2770), thence North 0° 47' 36" East, 1998.04 feet to a 3/4" iron pipe, tagged L.S. 2770 and 23 P.M: 2 Records of San Mateo County, California, to the terminus of the herein described true common boundary line. 2. That in consideration of the above agreement, the Party of the First Part does hereby Quitclaim to the Party of the Second Part all that certain piece or parcel of land situated, lying and being contiguous to and Easterly and Southerly of the above described true boundary line. 3. That in consideration of the above agreement, the Party of the Second Part does hereby Quitclaim to the Party of the First Part all Boundary Line Agree(m% - Page Two that certain piece or parcel of land situated, lying and being con- tiguous to and Westerly and Northerly of the above described true. boundary line. This agreement shall be recorded in the office of the County Recorder of San Mateo County, California and shall apply to, bind and inure to the heirs, suc- cessors and assigns of the parties hereto. Dated: PARTY OF THE FIRST PART PARTY OF THE SECOND PART Keith Rongey Jane Rongey Waldo H. Leynse Ruth A. Leynse By: Harry A. Turner, President Midpeninsula Regional Open Space District Board of Directors DESCRIPTION Land situated in portions of Sections 26 and 35, Township 7 South, Range 3 West, M.D.B. & M. within Parcel I as shown in. Volume 365 of Parcel Maps at Page 41, San Mateo County Records, State of California, being more particularly describedas follows: PARCEL I: A non-exclusive easement for ingress and egress for pedestrians, equestrians and vehicles over a strip of land 30 feet in width being contiguous with and lying Easterly of and at right angles to the:following described line. . • BEGINNING at a point on the Northerly boundary of Parcel I being on a curve from which a radial line bears North 85° 45' 00" East, said point lies South 85°'45' 00" West, 108.04 feet from the Easterly corner common to Parcels I and If, both points being shown on that map filed in Volume. ' •• 36 Parcel Maps, Page 41, and running thence Southerlyalong the Westerly line of the aforementioned Parcel I along a tangent curve to the right having a radius of 70.00 feet through a central angle of 69° 00' 00" a distance of 84.30 feet; • . • THENCE South 64° 45' 00" West, 235.00 feet; THENCE along a tangent curve to the left having a radius of 235.00 feet, through a central angle • of 459 45' 00", a distance of 187.65 feet; THENCE South 19° 00' 00" West, 159.36 feet to the terminus of the herein described 30 foot ease- • ment, said point lying on the boundary line of Parcels I and II, North 89° 51' 20" East, a distance of 123.16 feet from the Northwesterly corner of said Parcels as shown on said map. PARCEL II: A non-exclusive easement for ingress and egress for pedestrians, equestrians, and vehicles over a strip of land 60 feet in width being contiguous with and measured 30 feet in either direction' from :the following described centerline:at right. angles: • BEGINNING at a point on the boundary between. Parcels I and II of the aforementioned map, said point lying North 89° 51' 20" East, 123.16 feet from the Westerly corner of said Parcels, said point also being the terminus of the above described Parcel I and running thence South 19° 00' 00" West, 43.27 feet; • THENCE along a tangent curve to the left having. a radius of 190.00 :feet through a central angle of 30° 22' 07", a distance of 100.71 feet; THENCE South 11° 22' 07" East, 70.00 feet; THENCE along a tangent curve to the left having a radius of 195.00 feet, through a central angle of 55 52' 10", a distance of 190.15 feet; THENCE South 67° 14' 17" East, 80.00 feet; THENCE along a tangent curve to the right having a radius of 220.00 feet through a central angle of 49° 42' 42", a distance of 190.88 feet; THENCE South 17°.31' 35" East, 50.00 feet; THENCE along a tangent curve to the right having a radius of 80.00 feet, through a central angle of 53°16' 35", a distance of 74.39 feet to a point of reverse curvature; THENCE along a tangent curve to the left having a radius of 135.00 feet, through a central angle of 13° 59' 32" for a distance of 32.97 feet to a point on the Section line between. Sections 26 and 35, said point lying North 89° 43' 56" East, 417.81 feet from a 3/4 inch iron pipe marking the South 1/4 corner of Section 26, Township 7, South, Range 3 West, M.D.B. & M., as shown on the aforementioned map; EXHIBIT A DESCRIPTION - CONTINUED THENCE continuing along the last said curve having a radius of 135.00 feet, through a central angle of 20°15' 28", a'distaiice of 47.73 feet; THENCE South 19 30' 00" West 110.00 feet; 0 THENCE along a tangent curve to the right having a radius of 130.00 feet, through a central angle of. 530 45' 00", a distance of 121.96 feet to a point of reverse curvature; THENCE along a tangent curve to the left having a radius of 100.00 feet, through a, central angle of 72° 29' 17" a distance of 126.52 feet; THENCE South 17° 14' 17" East 80.00 feet; THENCE along a tangent curve to the right:baving a radius of 135.00 feet, through a -central angle . of 390 40' 00", a distance of 93.46 feet; s.� ' •THENCE South 22° 25' 43" West, 85.00 feet; • •THENCE along a tangent curve to the left having a radius of 180.00 feet, through a central angle of 31° 00' 00", a distance of 97.39 feet; THENCE South 8° 34` 17" East, 75.00 feet; • THENCE along a tangent curve to the. right, having a radius of 140.00 feet, through a central angle of 38 00' 00" a distance of 92.85 feet; THENCE South 290 25' 43" West 32.00 feet; THENCE along a tangent curve to the right having a radius of 140.00 feet, through a central • angle of 44° 49' 17", .a distance of 109.52 feet to a point of. reverse curvature.; THENCE along a tangent curve to the left having a radius of 118.95 feet through a central angle of 40° 29' 17", a distance of 84.06 feet; 0 THENCE South 330 45' 43" West, 176.54 feet; THENCE along a tangent curve to the left having a radius of 115.00 feet, through a central angle of 80° 40' 00'!, a distance of 161.91 feet; • • THENCE South 46° 54' 17" East, 69.49 feet; THENCE along a tangent curve to the right having a radius of 425.00 feet, through a central angle of 130 40' 00" for a distance of 101.37 feet; THENCE'South 33°14* 17" East, 110.00 feet; THENCE along a tangent curve to the right having a radius of 310.00 feet, and through a central angle of 36° 15' 35", for a distance of 196.18 feet; THENCE South 3° Or 18". West, 178.70 feet; THENCE along a tangent. curve to the right having a radius of 68.00 feet, through a central angle of 77° 00' 00", for a distance of 91.39 feet; THENCE South 80° 01' 18" West, 43.56 feet; . THENCE along a tangent 'curve to the left having a radius of 65.00 feet, through a central angle of 63° 31' 18", a distance of 72.06 feet; THENCE South 16 30' 00" West, 156.17 feet; • THENCE South 14° 09' 52" West 379.85 feet to a polnt.in the Westerly boundary of Parcel I_ and the terminus of the herein described centerline,. said paint lying North 0° 49' 40" East 130.05 feet from an iron pipe monument marking the center of Section 35. The side lines of said 60 foot wide easement are to be shortened or lengthened so as to intersect said Westerly boundary of Parcel I. LA:vh EX 113 RT Page -1 of 1 WALLY H. LEYNSE 8. ASSOCIATES STANFORD FINANCIAL SQUARE 2600 EL CAMINO REAL. SUITE 603 PALO ALTO. CALIFORNIA 94306 TELEPHONE: (06) 328-3333 December 1, 1978 Harry A. Turner, President Midpeninsula Regional Open Space District 375 Di stet Circle Los Altos, California 94022 Dear Mr. Turner: Mr. Keith Rongey as well as I are the owners of the adjacent properties to the lands recently acquired by the Open Space District in Section 35, T7S, R3W, MDB&M. Extensive surveying work has been done to establish the boundaries between your and our property and in order to avoid any controversy, we are asking you to sign a boundary line agreement (Exhibit A), which we will also sign. In addition, we are offering, pursuant to the request of Mr. Craig Britton, an easement through my property, which is attached as Exhibit B. Finally, a letter from the Board of Directors of the Portola Park Property Owners Association, giving their approval for ranchers to traverse our easement to your property, is provided as Exhibit C. We would appreciate your executing the boundary line agreement and return- ing to me at your earliest convenience. Cordially yo s, W. H. Leynse WHL:ds Enclosures P.S. - Since the agreement is to be recorded, it is required that your signature be notarized. REAL ESTATE INVESTMENT 8 DEVELOPMENT October 31, 1978 Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, California 94022 Gentlemen: In a meeting of the Board of Directors of the Portola Heights Landowners Association, a resolution was passed giving their authorization to allow the Midpeninsula Regional Open Space District to use roads as needed by their Rangers and staff to patrol and maintain their property immediately adjacent to a portion of Portola Heights. Sincerely, PORTOLA HEIGHTS LANDOWNERS ASSOCIATION BY: f�Cvf4�cc., o� /a+r+wi.f