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HomeMy Public PortalAboutResolution - 80-11- 19800227 - McNeil PropertyRESOLUTION NO. 80-11 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DIS- TRICT, FINDING AND REQUIRING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT; FOR PUBLIC PARK, REC- REATION AND OPEN SPACE PURPOSES, DESCRIB- ING THE PROPERTIES NECESSARY THEREFORE AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District is authorized to acquire prop- erty for public purposes, pursuant to Division 5, Chapter 3, Section 5542, of the Public Resources Code, State of Cal- ifornia, and WHEREAS, the property, rights, and interests described in Exhibit A attached to this resolution and incorporated herein by reference (the "property") are necessary for public park, recreation, and open space purposes, said purposes con- stituting a public purpose, NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby find and determine that the public interest and necessity require the acquisition of the property for public park, recreation and open space purposes; BE IT FURTHER RESOLVED that acquisition of the fee (unless a lesser estate is described in Exhibit A) is necessary therefore; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby find and determine that said property is located so as to be most com- patible with the greatest public good and cause the least pri- vate injury; and BE IT FURTHER RESOLVED that the General Manager be and is hereby authorized and directed to cause to be negotiated and/or prepared all appropriate applications to governmental agencies for grants of funds or property, legal documents and related instruments for acquisition of title tothe property by gift and/or purchase, all upon terms and conditions discussed by or presented to this Board at its meeting this date or customary to this District in like transactions; provided, however, that each such application, document and instrument shall be subject to approval as to form and content by this Board prior to its execution or delivery on behalf of the Midpeninsula Regional Open Space District; and BE IT FURTHER RESOLVED that the law firm of Rogers, Vizzard and Tallett be and the same is hereby retained, instructed and directed to do everything necessary to acquire all interests in the property described in Exhibit "A", and they are further authorized to prepare and pro- secute such condemnation proceedings and order for possession, if necessary, in the proper court having jurisdiction thereof as are necessary for such acquisition. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 80-11 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on February 27 , 1980 at a regular/special meeting thereof, by the following vote: AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Nanette Hanko, Harry Turner and Richard Bishop. NOES: None. ABSTENTIONS: None. ABSENT: None. ATTEST: APPROVED: Secretary, Board of Directors • President, Board of Directors I, the District Clerk/Deputy 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 vote. 6.„„44 . 4idetb4 Dist .ct Clerk E)C1-3 5T _A„. Pane of rJ The real property situated in the County of Santa Clara, State of California, described as follows: PARCEL 1: BEGINNING at a railroad spike set flush: at the point of intersection of the center line of the Skyline Boulevard with the center line of Page Dill Road ( sometimes called the Alpine Road) as now traveled, at a point distant South 12° 15' 30" West 412.10 feet from the granite monument set at common corner for Sections 15, 16 21 and 22, Township 7 South, Range 3 West, M.D. M. and running thence in a general Northerly direction along said center line of Page Mill Road as now traveled, the twenty-two following courses and distances: South 80° 03' East 190.6 feet to Station "R2"; North 76° 10' East136.4 feet to Station "R3"; North 47° 11' East 268.0 feet to Station "R4"; North 2° 01' East 86.0 feet to a railroad spike set flush at Station "R5" (from which a live oak 14 inches in diameter bears -South 61° 30' East 26.00 feet, and a live oak 26 inches in diameter bears North 20° East 17.62 feet, both trees being narked "B.T.R.5"), North 31° 51' West 241.9 feet to Station "R6"; North 65° 43' West -146.0 feet to Station "R7"; North 84° 52' West 104.5 feet to Station "R8"; North 33° 02' West 149.0 feet to Station "R9"; North 45° 24' West 100.6 feet to Station "Rh 0"; North 21° 59' West 145.0 feet to a railroad spike at Station "R11" (from which a live oak 40 inches in diameter bears South 42° 15' East 32.60 feet and a mountain oak 14 inches in diameter bears South 12° 30' East 53.20 feet, both trees being `t.; marked "B.T.R.11"); North 53° 45' West 99.3 feet to Station R12 North 10° 21' East 88.4 feet to Station "R13"; North 31° 29' -West 270.4 feet to Station "R14"; South 77° 42' Nest 15 o 6.9feet to. Station "R15"; North 63° 14' West 136.6 feet to a ; North 9° 46' East 131.4 feet to an iron lag screw set flush at Station "R17"; (from which a double live oak 12 inches i diameter-- iameinches e . bears South 88° West 39.22 feet and a double madrona 10 n diameter bears North. 33° 15' East 19.87 feet both trees being marked "13.T.K.17" ); ��R18" • North 33° 14' West 196.0 feet to Station ; North 53° 52' East 289.4 feet to atation "R19", North 4° 14' East 188.9 feet to Station "R20"; North 42° 21' West 127.0 feet to Station "II2l" ; North 2° 45' East 133.4 feet to Station "R22"; and North 28° 11' East 128.0 feet to an ironpipe set flush oftsStatione "R23" at the point of intersection of said center line I•ii11 Road with the' general center line of the set liaseonow traveled, and from which an iron. witness pipe 0U feet; road fence and near a gate bears South 60° 18' East t tL`21t 319.1 eet thence leaving said road and running South to an iron pipe "Al" (fromwhich a live soak 26 inches . itl2ddiameter marked "ii.T.A.l" bears South 60° 20' West 33.33 feet); e "A2" (from which a live nce South 35° 42' East 835.2 feet to an iron pipe t East 52.82 feet and oak 15 inches' in diameter bears Soutllr3�ears South 33° 15' Last a forked live oak 40 inches in diameter th 52.92 feet and a forked live oak40 inches in diameter .bears thence 18°10' West 152.75 feet, both trees being marked 13. i - • (continued) EX. Tri 1BIT A Pa: ;e 2 of ,..2.-Apil South 59° 44' East 356.7 feet to an iron pipe "A3" (from which a forked live oak 30 inches in diameter bears South 19° 35' West 48.80 feet and a live. oak 28 inches in diameter bears North 79° 25' West 63.40 feet, both trees marked "F3.T.A.3" ); thence North 72° 116' East 247.8 feet to an iron pipe "A4" (from which a W.0. 40 inches in diameter bears North 81° 40' East 56.84 feet and a live oak 22 inches in diameter bears South 20° 40' West 40.82 feet, both trees being marked "B. T. A. 4") ; thence North 88° 33' East n7.6 b feet to an iron pipe "A5" (from which a triple live oak 30 inches in diameter bears North 75° 20' West 77.74 feet and a bent live oak 14 inches in diameter bears South 58° 50' West 83.67 feet, both trees being marked "B.T.A.5"); thence South 35° 28' East 297.6 feet to an iron pipe "A6" (from which a live oak 25 inches in diameter bears North 611° 45' West 56.10 feet and a live oak. 8 inches in diameter bears South 64° 15' West 35.85 feet, both trees being marked "B.T.A.6"); thence South 81° 06' East 330.8 feet to an iron pipe ° "A7" (from which a. live oak 18 inches in diameter bear bears 40' West 35.10 feet and live oak 25 inches in diameter n South 54° 05' East 59.35 feet both trees being marked "B.T.A.7"); thence North 66° 12' East 168.8 feet to an iron pipe "A8" (fromf 39whic1' East 1x1.0.12 inches in diameter marked "B • . 286.'bearsSouth to a. 2" x 3" 6.68 feet); thence North 51° 01' East 7 stake and iron pipe "A9" standing at one of the corners in the Easterly line of that certain 392.60 acre tract conveyed to Janes Rolph III by Deed recorded in Volume 612 ofOfficial Records, at age 499, said corner being distant South 16° East 184.808 feet s and South 18° 15' East 283.80 feet from a white oak tree diameter marked "D.T•I.5" (and from which corner "A9" aW.O. 30nincse5 in diameter bears North 38° 45' East 29.58 feet and . in diameter bears North 80° West 45.53 feet, both rees being- said marked "13. T. A. 9" ; thence in a general Southerly Easterly line of said 392.60 acre tract to its point ofni intersection rs tion - Sk line Boulevard at Eng with said center line said Y "Z" 22+33.27 at the Southeasterly corner of that certain i5.90n acre tract conveyed to State of Californiad, thence Deinrac�eneral 555 of Official Records, page 26; .an Skyline North- westerly direction along said center line ofsaid radiusS�`the center curving to the right on a curve hf8o007feo5�� East 300.00 feet point of said curve bearing North through an angle of 72° 39' 55" for a distance of 380.47 feet to a g West 110.95 feet point; thence tangent to said curve, I.lortt� 8° e3left on a curve of to a point; thence curving tangentially to 350feet radius through an angle of 106° 41' said for a distance of ° 44 � tangent to 651.69 feet to a point; thence tang curve, to the rightWest 152.66 feet to a point; thence curving tangentially _ a curve of 950 feet radius through an angle of 76° 48' 30" for on point; and thence tangent a distance of 1273.53 feet to a p � aid curve North 38° 27' 30" West 1117.00 feet to the point of 1egin1ing, and being a part of said 392.60 acre tract in Section i5, , 2 and 22, Township 7 South, Range 3 West, M.D.M. (continued EXHIBIT A Page 3 of EXCEPTING TIIEREFROI•I all that part of the above described tract lying within the limits of said Skyline Boulevard. PARCEL 2: BEGINNING at a point on the quarter section line running East and West through the center of Section 15 in Township 7 South, Range 3 West, Mount Diablo Base and Meridian, where the sane is intersected by the center line of the Page Mill Road, and from which point it fence corner bears North 89° 45' West -116.30 feet distant.; thence running along the center line of said Page Mill Road with the following courses and distances: South 23° 14' West 11.98 feet; South 10 15' East. 146.66 feet; South 63° 02' West 202.22 feet; South 71° 34' West 105.67 feet; South 26° 44' West 319.66 feet; South 26° 04' West 225.03 -feet and South 42° 02' West 49.55 feet to an iron pipe at station "R.23" in the center line of said Page Mill Road, where the same is intersected by the general center .line of Portola Road, as traveled, and from which an iron witness pipe set in the line of a road fence and near a gate bears South 60° 18' East 21.00 feet, said Station "R.23" being the most Northerly corner of that certain 92.35 acre tract of land conveyed to Gat is Yates, by Deed recorded August 3, 1936 in Volume 780 of Official Records, at page 550, Santa Clara County; and also recorded August 7, 1936 in Volume 702 of Official Records, page 336, San Mateo County; thence .leaving the center line of said Page Mill Road, and running along the Northeasterly and Northerly line of said 92.35 acre tract of land, South 60° 18' East 319.1 feet to an iron pipe "Al" (from which a live oak 26 inches in diameter marked "B. T. A.1" bears .South 60'20' 20' West -33.33 feet) ; South 35° 42' East 835.2 feet to an iron pipe "A2" (from which a live oak 15 inches in diameter bears South 33° 15' East 52.92 feet and a forked live oak 40 inches in diameter bears South 18° 30' West 52.75 feet, both trees being marked "B. i. A.2"; thence South 59° 44' East 356.7 feet to an iron pipe "A3" (from which a forked live oak 30 inches in diameter bears South 19° 35' West 48.80 feet and live oak 28 inches in diameter bears North -79° 25' Nest 63.40 feet, both trees being marked "B. T. A. 3") ; thence North 72° 46' East 247.8 feet . to an iron pipe "Alt" (from which a white oal: 40 inches in diameter bears North 81° 40' East 56.84 feet and a live oak 22 inches in diameter bears South 20° 40' West 40.82 feet, both trees being marked "B. T. A.4") ; thence Worth 88° 33' East -337.6 feet to an iron pine "A5" (from which a triple live oak 30 inches in diameter bears North 75° 20' West 77.74 feet and a bent live oak 14 inches in diameter bears South 58° 50' West 83.67 feet, both trees being marked "B. T. A. 5") ; thence South 35° 28' East 297.6 feet to an iron pipe "A6" (from which a live oak 24 inches in diameter bears North 64° 45' West 56.10 feet and live oak 8 inches in diameter bears South 64° 15' West 35.85 feet, both trees being marked "B.T. A.6") ; thence South 81° 06' East 330.8 feet to an iron pipe "A7" which a live oak 18 inches in diameter bears South 50° 40' West 35.10 feet and a live oak 24 inches in diameter bears South 54° 05' East 59.35 feet, both trees being marked "B. T.A. 7") ; thence North 66° 12' East 168.8 feet to an iron pine "A8" (from which a white oak (Continued) EXHIBIT A Page 4- of 7 12 inches in diameter marked "B.T.A.8" bears South 39° 50' East 6.68 feet); thence North 51° 01' East 286.7 feet to an old 2" x 3" stake and iron pipe "A9" standing at one of the corners in the Easterly line of that certain 392.60 acre tract of land conveyed to James Ralph III by Deed recorded in Volume 612 of Official Records, at page 499, said corner being distant South 16° East 184.80 feet and South 18° 15' East 283.80 feet from a white oak tree 48 inches in diameter marked "D.M.5" ( and from which corner "A9" a 29.58 feet and white oak 30 inches in diameter bears North 38° 45' East a white oak 20 inches in diameter bears North 80° West 45.53 feet, both trees being marked "B.T.A.9"; thence leaving the line of said 92.35 acre tract of land and running along the Easterly line of the aforementioned 392.60 acre tract of land with the following courses and distances: North 18° 15' West 283.80 feet; North 16° West 184.80 feet to a white oak 48 inches in diameter marked D.M.5; North 18° 15' West 83.82 feet to a live oak 24 incesindiameter marked D.M.6; North 71° 45' West 75.90 feet to Station . ; North 44° 45' West 188.10 feet; North 6° 30' West 80.52 feet to a leaning laurel 30 feet in diameter narked D.M.9; North 14° 45' East 108.90 feet and North 22° 45' West 160.38 feet to an elderberry tree 4 inches in diameter marked "D.IZ.11 standing at end 'of picket fence; thence crossing the ravine and running along said picket fence North 17° 30' West 316.80 feet to a 6" x 6" fence post narked D.M. 12 and North 42° 15' West 638.22 feet to a stake marked D.N.S3standing geat the intersection of said fence lineecenter ofSection 15, Township 7 e quarter running East and West through tI South, Range 3 West and from which stake a live oak 48 inches in diameter narked B. T.D.I•i.13 bears North 73 15' East 66.66 eet tiiand ° a white oak 48 inches in diameter narked I3.T.D.f.13 bears 15' West 40.26 feet; and thence running alongthe quarter rlSeCl Section line line running East and Jest through the center of Section , • 89° 45' West 1023.52 feet, more or less, to the point of beginning being a portion of the Southwest quarter Section 15 and the Sooutheast quarter of Section 16, in Township 7 South, Range 3 West, t Diablo Meridian. EXCEPTING FROM Parcels 1 and 2 above, all that portion thereof TEXCEPTINGFR which 'lies- within the boundaries of San Mateo County. ALSO EXCEPTING from Parcels 1 and 2 above, all that portion thereof conveyed to Wallace K. Gibson, et al, by Deed recorded May 15, 1970 in Book 8922, page 264, and being described as follows: : • BEGINNING at the intersection of the centerline of Page Mill Road with the centerline of Skyline Boulevard as said intersection is shown on that certain Record of Survey filed in the Office of the Recorder of Santa Clara County in Book: 32 of Maps, at page * 33; thence along said centerline of Page hill Road the following courses and Distances: South 80° 03' East 190.60 feet to Station (continued) EXHIBIT A Page R2, as shown on said Record of Survey; north 76° 10' East 136.40 feet to Station R3; North 47° 11' East 268.00 feet to Station R4; North 2° 01' East 86.00 feet to Station R5; Borth 31° 51' Wiest. 138.00 feet; thence leaving the centerline of Page Mill Road the following courses and distances; North 70° 10* East 220.00 feet; thence North 11° 40' West 130.00 feet; thence north 45° 10' East 370.00 feet; thence North 6° 50' West 230 feet, more or less, to a point in the centerline of Stevens Creek; thence Easterly along the centerline of Stevens Creel: to its intersection with the Easterly line of that certain 392.60 -acre tract conveyed to James Rolph III, by deed recorded in Volume 612 of Official Records at page 499; thence in a general Southerly direction along said Easterly line of said 392.60 -acre tract to its point of intersection with said centerline of said Skyline Boulevard at Engineer's Station "Z" 22+33.27 at the Southeasterly corner of that certain 5.90 -acre tract conveyed by the State of California by deed recorded in Volume 555 of Official Records of Santa Clara County at page 26;. thence in a general Northwesterly direction, along said centerline of said Skyline Boulevard, curving to the right, along a curve having a radius of 300.00 feet (the center point of said curve bears North 8° 47' 05" East 300.00 feet from the last-mentioned point) , through a central angle of 72° 39' 55", a distance of 380.47 feet; thence tangent to said curve North 8° 35' West 110.95 feet; thence along the arc of a tangent curve to the left, having -a radius of 350.00 feet, through an angle of 106° 41' a distance of 651.69 feet; o t � 66 feet; thence thence tangent to said curve South 64 4 West 152. along the arc of a tangent curve to the right, having a radius i of ff 950.00 feet, through a central angel of 76 1 t 30", adistance 1273.53 feet; thence tangent tosaid curve Borth 38° 27' 30" West 147.00 feet to the point of beginning. EXt3iDiT A Page I. of rl PARCEL 3 • THAT REAL PROPERTY IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS . FOLLOWS: BEGINNING at a point on the quarter section line running East and West through the center of Section 15' in Township 7 south, Range'3 West, Mount Diablo Base and Meridian, where the same. is intersected by the center line of the Page Mill Road, and from which point a fence corner. bears North 89° 45' -West 116.30 feet distant; thence running -along the center line of said Page Mill Road with the following courses and distances: South 23° 14' West 11.98 feet; South 1° 15' East 146.66 feet; South 63° 02' .West 202.22 feet; South 71° 34' West'105.67 feet; South 26° 44' West 319.66 feet; South 26° 04' West 225.03 feet and South 42° 02'. West 49.55 feet to an iron pipe at station "R.23" :in the center line of said Page Mill Road, where the same is intersected.by the general centerline of Portola Road, as traveled, and from which an iron witness pipe set'in the line of a road fence and near a gate bears South 60° 18' East 21.00 feet, said station "R.23" being the -most Northerly corner of that certain 92.35 acre tract of land conveyed by James Rolph III to Gatis Yates, by Deed recorded August 7, 1936, Volume 702, Official Records, Page 336; thence leaving the center line of said Page Mill Bowl,•and running along the Northeasterly and Northerly line of said 92.35 acre tract of land, South 6o° 18' East 319.1 feet to an iron pipe "Al"• (from which a live oak 26 inches in diameter marked "B.T.A.l" bears South 60° . 20' West 33.33 feet); South 35° 42' East 835.2 feet to an iron pipe "A2" ' (from which a live oak 15 inches 'in diameter bears South .33°.15' East 52.92 feet and a forked live oak 4o inches in diameter bears South 18° 30' West 52.75 feet, both trees being marked "B.T.A.2"); thence South 59° 44' East 356.7 feet to an - iron pipe "A3" (from which a forked live oak 30 inches in diameter bears South 19° 35' West 48.80 feet and' live oak 28 inches in diameter bears North ?9° 25' West 63.40 feet, both trees being. marked "B.T.A.3"); thence North 72° 46' East 247.8 feet .to an iron pipe "A4" ( from which a white oak 40 inches in diameter bears North 81° 40' East 56.84 feet and a live oak 22 inches- in diameter bears South 20° 40' West 40.82 feet, both trees being marked "B.T.k.4"); thence North 88° 33' East 337.6 feet to an iron pipe "A5" (from which a triple live oak 30 inches in diameter bears North ?5° 20' West 77.74 feet and a bent live oak 14 inches in diameter bears South 58° 50' West 83.67 feet, both trees being marked "B.T.A.5 "); thence South 35° 28' -East 297.6 feet to an iron pipe "A6" (from which a live oak 24 inches in diameter bears North 64° 45' West 56.10 feet and live oak 8 inches in diameter bears South 64° 15' West 35.85 feet, both trees being marked "B.T.A.6"); thence South 81° 06' East 330.8 feet to an iron pipe "A7" which a live oak 18 inches in diameter bears South 50° 40' West 35.10 feet and a live oak 24 inches in diameter bears South 54° 05'East 59.35 feet, both trees being marked "B.T.A.7"); thence North 66° 12' East 168.8 feet to an iron pipe "A8" (from which a White Oak 12 inches in diameter.marked "B.T.A.8" bears South 39° 50' East 6.68 feet); thence North 51° 01' East 286.7 feet to an old 2" x 3" stake and iron pipe "A9" standing at one of the corners in Continued: �1 TA r'DAR•••••r'' IAAM NA 1 ••A•\ 1 1 71 .PA.aY EXHIBIT A Pale of ' I4 .the Easterly line of that certain 392.60 acre tract of land conveyed by Morton D. Joyce and Anna Hoyte Joyce to.James Ralph III by Deed dated October 1, 1929, recorded in Volume 612, Official Records, Page 499, said corner being distant South 16° East 184.80 feet and South 18° 15' East 283.80 feet from a white oak tree 48 inches in diameter marked "D.M.5" (and from which corner "A9" a White Oak 30 inches in diameter bears North 38° 45', East 29.58 feet and a White Oak 20 inches in diameter bears North 80° West 45.53 feet, both trees being marked "B.T.A.9"); thence leaving the line of said 92.35 acre tract of land and- running along the Easterly line of the aforementioned 392.60 acre tract of land with the following courses and distances: North 18° 15' West 283.80 feet; North 16° West 184.80 feet to a white oak 48 inches in diameter marked D.M.5; North 18' 15' West 83.82 feet to a live oak 24 inches in diameter marked D.M.6; North 71° 45' West 75.90 feet to Station D.M.7; North 44° 45' West 188.10 feet; North 6' 30' West 80.52 feet to a leaning laurel 30 feet in diameter marked D.M.9; North 14' 45' East 108.90 feet and North 22° 45' West 160.38 feet to an elderberry tree 4 inches in diameter marked "D.M.11" standing at end, of picket fence; thence crossing the ravine and running along said picket fence North 17° 30' West 316.80 feet to a 6" x 6" fence post marked D.M.12 and North 42° 15' West 638.22•feet to a stake marked.D.M.13 standing at the intersection of said fence line with the quarter Section line. running East and. West through the center of Section 15, Township 7 South, Range 3 West and from which stake a live oak 48 inches in diameter marked B.T.D.M.13 bears North 73° 15' East 66.66 feet and a white oak 48 - inches in diameter marked B.T.D.M.13 bears North 42° 15' West 40.26feet; and thence running along the quarter Section line running East and West through the center of Section 15, North 89° 45' West 1023.52 feet, more or'less, to the point of beginning being a portion of the Southwest quarter Section 15 and the Southeast quarter of Section 16, in Township ? South, Range 3 West,' Mount Diablo Meridian. EXCEPTING THEREFROM all that portion thereof which lies within the boundaries of Santa Clara County. ALSO EXCEPTING THEREFROM that portion thereof which lies within the limits of Page Mill Road.