Loading...
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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 . tsar 4 •,tc p IJh. 224 . pant. Otisb 14 AA Ho,/b11 441 . Itrent 03817411. 1.11111 1004.4,400 1111.63401 4190 sot 113 111 11 43 31.0 t 1/1.1/00, 1007.3711/ ' 3011./4411 0/44 ?.1 1.1 . be 111 • 31 01 31.0 0 . 14 .11000 ' 1011.12011 3124.11111 101 It 41 14 01.0 3 01.40000 • 111.01143 ' 3101.::411 102 , 0 01110 11.0 it • 00.11000 100:.10011 31/6, 31130 101 11 66 11 11.0 t 12.01004 1041.311710 3114.17030 100 11.+11 40 01.0 • 111.14300 1111.44113 . 144► .11111 9 10 4114.0 t 111.1/000 1141.11011 3401.31011 0 10 11 16.0 0 111.01000 1411.73416 3414.41101 Oil -8641A 113.13000 1»1.10411 1111.03441 4 i<11 4146. 10.41000 1741.13111 1 34.31316 1 0 11 31 4 4 .1 a . 0 4.10000 1114.11111 3101.11161 0 ✓ 11 10 31.0 t 140.11090 1141 .71010 •3410.10103 1 0 11.41 11.41 117.M00b�1111.00110 3401.110 %1 0 01 1140.0 1740.12000 111x ,11411- --"117134 9 r 1 11 40 01.0 r 101 .01000 1111.17110 3131.11110 11 0 41 01 11.0 0 10Y .ts0u0 1112.32761 8116.11111 13 M 06 11 01.0 0 ltf.i1.91t0 711.63411-,„,._i343.33431�11 8 '01 41 16.0 0 307.11000-7ts1 311b 3126.16110 1 It 43 31 46.0 1 13.03000 3311.81110 • 3161./1811 13 M Si 31 31.0 11 444.11000 31901 .11161 3111.11108 16 tie s• 4464 ti 4 A4es WawAPt.ry Wart Cons r.?O%CNP , . ' . tlentt.ctt* orris that ht Am •¢tr t(IH fet13bilt fro' 1.`i slut . the conditions during for COUR 0 ntuttin t 1°rot .t. Inc at tiny !t►t't of 4r �1; tilt doh m1.tllta nt ettltl ► d e. tt Attd SA lift• .1 to pima un loom xmul tb.I iNttailpIci * 0 drat 11101512 rJ�� lNI W the !!4.000 end )for r2. ;wet benttttn ft a 441 r hlltt. 4811 !Melt . . IncrnaretMn with the Kt en ante d.wv0 n0 th r A lpo. rsrrpdraft tsE.41J. f ailtln3 frrtn Ott inir ergltpu tr d the Os nrt 0 11* NPR% 1 s• 3 Slit . v t. • 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 �- . Page ...L.....o'F. / ,.. d IP 1 WUNOERLICH PARK 6 ' ▪ / a i /1/° PROPE.R.T / of OSWALD APii 075x— (6t-- 4 60 ..PARCEL. "y,� lq.39 AG — 00 ,00° ▪ • • 'TRAIL. ALIGNMENT EASEMENT (A PPR ox . 1+55p() M 0 ti to cO cry°' 71/ 11 • THORNEWOOO • i e i r i G3°07'w .7 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