HomeMy Public PortalAboutResolution - 80-37- 19800709 - Exchange property & ApprRESOLUTION NO. 80-37
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING AND AUTHORIZING ACCEPTANCE OF AN
AGREEMENT TO EXCHANGE INTEREST IN REAL PROPERTY,
AUTHORIZING OFFICER TO EXECUTE A WATER PIPELINE
EASEMENT IN FAVOR OF SKYLINE COUNTY WATER DISTRICT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT OF TRAIL EASEMENT TO DISTRICT
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (THORNEWOOD 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 con-
tained in the attached agreement to exchange interests in real
property between Ralph J. Oswald, et ux and the Midpeninsula
Regional Open Space District dated July 2, 1980, a copy of which
is attached hereto and by reference made a part hereof, and
authorizes the President or other 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 the
deed granting a public trail easement to the Midpeninsula Regional
Open Space District.
Section Three. The President of the Board or other appropriate
officer is authorized to execute the Deed granting a water pipeline
easement to the Skyline County Water District.
Section Four. The General Manager of the District shall cause
to be given appropriate notice of acceptance to Oswald. The General
Manager further is authorized to execute any and all other documents
in escrow necessary or appropriate to the closing of the transaction.
Section Five. The General Manager of the District is authorized
to expend up to $1,000 to cover the cost of title insurance, escrow
fees, and other miscellaneous costs related to this transaction.
Section Six. The Board of Directors finds that the granting of
this water pipeline easement is in accordance with the Basic Policy
of the District and is not detrimental to the open space character
of the Thornewood Property.
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RESOLUTION NO. 80-37
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
July 9 , 1980
at a regularhDpanIal meeting thereof, by the following vote:
AYES: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko,
Harry Turner, and Richard Bishop.
NOES: None.
ABSTENTIONS: None.
ABSENT: Daniel •Wendin.
ATTEST: APPROVED:
Secretary, Board of Directors President, Board of Directors
I, the District ClerkA &W- ?Ih11JCI k 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.
Dist ict Cler
1)
1y «
AGREEMENT TO EXCHANGE INTERESTS
IN REAL PROPERTY
THIS AGREEMENT is made and entered into the.
day of , 1980 by and between RALPH J. OSWALD,
and BARBARA A. OSWALD, his wife, hereinafter referred to as
"OSWALD" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
hereinafter referred to as "MROSD".
WITNESSETH:
WHEREAS, MROSD is the owner of San Mateo County Assessor's
Parcel Nos. 075-052-010, 075-010, 075-123-040, 075-140-020 and
075-140-050, shown and identified.on Exhibit "A", as attached
hereto and by this reference made a part hereof, and;
WHEREAS, OSWALD is the owner of San Mateo County Assessor's
Parcel No. 075-051-050 shown and identified on Exhibit "B", as
attached hereto and by this reference made a part hereof, and;
WHEREAS, it is the desire of OSWALD and MROSD that an
easement, along the alignment shown on said Exhibit "A" over
aforesaid lands of MROSD be granted to the Skyline County Water
District (hereinafter referred to as "DISTRICT") for the con-
struction, installation, operation and maintenance of a pipeline
for the supply and distribution of domestic water, and that
MROSD have the right to attach and connect to and use the
domestic water supply and distribution facilities constructed
in connection with this agreement for the benefit of MROSD,
its successors and assigns and said lands of MROSD, and;
WHEREAS, OSWALD desires to grant to MROSD an easement
for use by the general public for pedestrian and equestrian
trail purposes over -the aforesaid lands of OSWALD, along the
alignment approximately as shown on said Exhibit "B" and
within the area described in Exhibit "C" as attached hereto
and by this reference made a part hereof,
NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as
follows:
1. Property Interests to be Conveyed by MROSD. MROSD
agrees to grant and convey to DISTRICT an easement upon, over,
under and across said lands of MROSD for the construction,
installation, operation and maintenance of a pipeline for the
supply and distribution of domestic water, together with the
Right of Possession and a Right of Entry of and onto the lands
of the aforesaid easement together with the lands as may be
additionally and temporarily required for construction and/or
restoration purposes as of the date of execution of this
agreement by MROSD. Said easement shall be in the
approximate location as shown on said Exhibit "A". An
exact legal description shall be provided by OSWALD,
subject to approval by MROSD, after the installation of.
said water distribution facilities are completed by OSWALD
in accordance with clause 2 herein.
2. Construction of Facilities by Oswald: OSWALD, at its
sole cost and expense, except as hereinafter provided, agrees
to construct or causeto be.constructed,according to the
requirements and specifications of DISTRICT, all installations,
facilities, and equipment necessary to complete the domestic
water supply and distribution system, together with any
necessary fire protection facilities.
All work done under this agreement shall conform to all
applicable building, fire and sanitary laws, ordinances, and
regulations relating to such work and shall be done in a good
and workmanlike manner, subject to inspection. by DISTRICT and
MROSD. Any roads, structures, improvements. or other facilities
removed, relocated, or reconstructed. by OSWALD or its agents,
employees or contractors.shall be restored or resurfaced and
left in at least as good a condition as found.
3. MROSD Use of Facilities. OSWALD agrees that MROSD,
its successors and assigns, without cost, expense or considera-
tion, except as hereinafter provided., shall have the right to
attach and connect to and use the domestic water supply and
distribution system to be constructed under the terms of this
agreement, including, but not limited to, the right to install
and utilize water meters and other devices and connections
as may be considered necessary by MROSD, its successors and
assigns, but according to the rules and regulations of DISTRICT.
MROSD shall be responsible for and pay for any and all connection
fees, meter fees or other costs or expense ordinarily...levied by
DISTRICT incident to MROSD's connection to oruse of said water_
supply and distribution system.
4. Property Interests to be Conveyed by Oswald. OSWALD
shall grant and convey to MROSD without cost or consideration,
except as hereinafter provided, and MROSD agrees to accept, an
easement for public pedestrian and equestrian trail purposes
in, over, upon and across said lands of OSWALD, within the
area described in said Exhibit "C", including, but not limited
to, as of the date of execution hereof by MROSD, a Right of
Entry and Immediate Possession in, over, upon and across the
aforesaid public trail easement area, required.for the con-
struction, improvement and maintenance of said trail.
•
5. Consideration and payment. As its full and complete
share of any and all cost and expense for the construction,
installation, restoration or maintenance of said domestic
water supply and distribution system, MROSD will pay to
OSWALD at the close of escrow, as provided in clause 11
herein below, the*sum of TWELVE THOUSAND AND NO/lOO DOLLARS
($12,000.00). •
6. Title. The interests in the subject real properties
herein shall be -conveyed and exchanged at the close of escrow,.
free and clear of all liens, encumbrances, easements, assess-
ments, leases, recorded or unrecorded, restrictions, rights,
covenants, and conditions of -record except:
a. Any and all taxesfor the fiscal year in. which the
escrow closes shall be .cleared and paid for in 'the
manner required by Section 4986 of the Revenue and
Taxation Code.
b. Easements or rightsof way, if any, in, over, under
or across said lands for utility, street, or access
purposes.
c. Any and -all interests that may be excepted, reserved,
or retained in conveying the interests as provided
herein.
d. Such covenants, conditions, restrictions, and
reservations.as may be deemed acceptable by MROSD•
and OSWALD.
7. Costs. OSWALD and MROSD shall divide and share equally
all escrow, recording and other customary charges and fees in-
curred in this transaction, OSWALD shall be responsible for and
pay any and all costs of any partial reconveyance of Deed of
Trust, release of mortgate,- subordination, or other fees or costs
for legal or.other services incurred in connection with the •
delivery of clear and acceptable title to the property interest
being conveyed.to MROSD.
.8. Hold Harmless. OSWALD will hold MROSD free and harmless.
and will reimburse MROSD for any and all costs, liability, damage,
loss or expense, including costs for legal services; occasioned by
the conveyance or possession of the easement in MROSD lands, or
the use thereof by OSWALD, its agents, employees or contractors.
9. Commissions. MROSD shall have no obligation to
pay any real estate agent's.•,commission or. other related costs
or fees in connection with this transaction.
-3-
.
10. Leases or Occupancy of Premises. OSWALD warrants that
there are no oral or written leases or rental agreements
affecting all or any portion of the property or interests -
therein being conveyed to MROSD or any person lawfully occupying
the property and OSWALD further warrants and agrees to hold
MROSD free and harmless and to reimburse MROSD for any and all
costs, liability, loss or expense, including costs for -legal
services, occasioned by reason of any such lease, rental
agreement or occupancy of the property (including, but not
limited to, relocation payments and expenses provided for in
section 7270, et seq. of the California Government Code.)
11. Acceptance and.Term of Escrow. MROSD shall have
thirty (3 0) days from and after the execution hereof by
OSWALD to accept and execute this agreement, and during
said period this agreement shall constitute an irrevocable
offer by OSWALD to enter into a contract with MROSD on the
terms and conditions set forth herein; in consideration of
which MROSD has paid and OSWALD acknowledges receipt of the
sum of ten and No/100 dollars •($10.00). This transaction
shall close within ten (10) days after completion of construction
of facilities as outlined in clause 2 hereinabove, including
acceptance of said facilities by DISTRICT and .the .receipt of
a proper legal description and "as built" drawings from OSWALD.
This transaction shall be completed through an escrow conducted
by First American Title Insurance Company, 555 Marshall Street,
Redwood City, California 94064.
12. The provisions hereof shall accrue to the benefit of
and bind the respective successors, heirs, and assigns of the
parties hereto.
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
APPROVED AS TO FORM:
Stanley Norton, District Counsel
r
DED FOR APPROVAL: By:
By.
L. ig Britton
Ass tant General Manager
APPROVED AND ACCEPTED:
• -.
Barbara Green, President
Board of Directors
ATTEST: •
OSWALD
a41:70 I(ZS(t9MAII
arbara A. Oswald
Dated:
District Clerk
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A NON-EXCLUSIVE easement for public hiking and equestrian
trail purposes, as prescribed by Grantee, over a portion
of Parcel 4 as shown on that Parcel Map entitled
"PARCEL MAP of a resubdivisjon of a ptn.. of the' Corte
Madera Rancho, being the land described in Vol. 7314
O.R. 472" filed in the office of the County Recorder
of San Mateo County, State of California in Vol. 48
of Parcel Maps at Page 35,, of which said portion is more
particularly described as follows:
Beginning at the most westerly. corner of the above mentioned
Parcel 4 marked. on theground by a 3/4;, iron pipe; thence
from said Point of Beginning, South 63 07' 00" Fdast,
778.28 feet to•a 3/4" iron pipe; thence North 42 33' 09"
East, 792.98 feet to the westerly right-of-way line of
State Route.84 commonly. known as La Honda Road; thence
following said right-of-way line along a 8urve to the
right, tangent to a line bearing North 19 59' 50" West, -
said curve having a radius of 130.00 feet, a central angle
of 300 17' 07" and an arc length of 68d72 feet; thence
leaving said right-of-way line, South 42 33' 09" West,
454.77 feet; thence North 85° 00' 00" West 800.08 feet
tothe northwesterlyline of sal oParcel 4;. thence along
said northwesterly line, South 73 55' 00" West, 125.00
feet to the.Point of Beginning of said portion herein de-
scribed.- Said portion containing 4.55 acres, more or less.
EXHIBIT �-
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PROPE.R.T / of OSWALD
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EASEMENT
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CERTIFICATE OF ACCEPTANCE •
(GOVERNMENT CODE SEC. 27281)
This is to certify that the interest in real property
conveyed by the foregoing deed, grant or other instrument
dated 1980 , from Ralph J. Oswald and
Barbara. A. Oswald, his wife
to the Midpeninsula_Regional'
Open Space District, a;.public district, is hereby accepted
by the undersigned'on behalf of the District pursuant to
authority conferred by resolution of the Board of Directors
of the Midpeninsula Regional Open Space District bearing No.80-37,
adopted on July 9, 1980 , and the grantee consents
to recordation thereof.
Dated July 9 0 , 19 80
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
BY 44.4,44A4L �.
ATTEST:
District Clerk