HomeMy Public PortalAboutResolution - 80-46- 19801112 - DuffyRESOLUTION NO.
80-46
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE
REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (MANZANITA RIDGE.
OPEN SPACE PRESERVE - - DUFFY-BARNES PROPERTY)
The Board of Directors of the 1•iidpeninsula 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 that certain purchase agreement between Leo F. Duffy
and Dorothy Duffy and Charles E. Barnes and Lenore B. Barnes
and the Midpeninsula Regional Open Space District dated October
2, 1980, a copy of which is attached hereto and by reference
made a part hereof, and authorizes the President and 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 for
the Grant Deed conveying title to the property being acquired by
District.
Section Three. The General Manager of the District shall
cause to be given appropriate notice of acceptance of purchase
agreement to sellers. 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 Four. The General Manager of the District is authorized
to expend up to $5,000 to cover the cost of title insurance, escrow
fees, and other miscellaneous costs related to this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO. 80-46
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on November 12
19 80
at a regular/itil meeting thereof, by the following vote:
AYES: Katherine Duffy, Daniel Wendin, Barbara Green, Edward
Shelley, Nonette Hanko, Harry Turner, and Richard Bishop.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
ATTEST:
creta`ry, Board of Directors
APPROVED:
President, Board of Directors
I, the District Clerk/D=Xtp(aIN $XicXEINX)c 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.
District Clerk
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 , from Leo F. Duffy,
Dorothy Duffy, Charles E. Barnes, and Lenore B. Barnes
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.80-46.
adopted on
November 12, 1980
to recordation thereof.
Dated
ATTEST:
/c
District Clerk
, and the grantee consents
MIDPENINSULA. REGIONAL OPEN SPACE DISTRICT
i
7,,ENT TO PU?'ClU\SI REAL PROPERTY
THIS AGREEMENT is made and entered into by and between Leo
F. Duffy and Dorothy Duffy, his wife and Charles E. Barnes
and Lenore B. Barnes, his wife, hereinafter called "SELL%RS"
and NIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter
called "DISTRICT".
1. PURCHASED PROPERTY:
SELLERS agree to sell to DISTRICT, and DISTRICT agrees to purchase
from SELLERS, SELLERS' real property located in an unincorporated
area of Santa Clara County, State of California, consisting of
the fee simple title in forty four and thirty nine one-hundreths
(44.39) acres more or less, commonly referred to as Santa Clara
County Assessor's Parcel Number 537-007-008, as described in
the property description designated Parcel One in the prelim-
inary title report No. 1-8200, dated March 26, 1980 from the
First American Title Guaranty Company, said report being identi-
fied as Exhibit "A" and as outlined in red on the reap identified
as Exhibit "B", both of said exhibits being attached hereto and
by this reference made a part hereof. Together with an undivided
30% interest in the fee simple title to Parcel Three of the afore-
said title report, and easements in and to Parcel Two and Parcel
Pour of said report. Also together with any other. easements,
rights of way, or rights of use which may be appurtenant or
attributable to the aforesaid lands.
2. PURCHASE PRICE AND MANNER OF PAYMENT:.
The total purchase price is and shall be the sum of SEVENTY FIVE
THOUSAND AND NO/100 DOLLARS ($75,000.00),payable into escrow at
such time as the escrow may be closed and title conveyed to
DISTRICT under the terms and conditions hereinafter set forth.
3. TITLE AND POSSESSION:
Title and possession of the subject property shall be conveyed
to DISTRICT at the close of escrow by Grant Deed, free and clear
of all liens, encumbrances, easements, assessments, covenants,
restrictions, rights, and conditions of record except:
a. Taxes for the fiscal year in which
-this escrow closes shall be cleared
and paid for in the manner required
by Section 4986 of the Revenue and
Taxation Code.
b. Any other easements, rights of way,
access rights, and such other exceptions
deemed acceptable to DISTRICT.
1 of 3
P�1
4. COSTS:
DISTRICT shall pay and satisfy all escrow, - cording,
customary title insurance charges and fees .' .icurred in tl:is
transaction. Title insurance may be required at the option
of the DISTRICT, and in the amount thereby deemed adequate
for its purposes. SELLERS shall be responsible for, and pay
all costs of any reconveyance of deed of trust, full release
of mortgage, payment of liens, discharge of judgments, or any
other charges, costs or fees of any nature whatsoever incurred
in connection with the delivery of marketable title to DISTRICT.
5. COMMISSIONS:
Neither. SELLERS nor DISTRICT shall have any obligation to pay
any real es�-.ate agent's commission or other related costs or
fees in connection with this transaction.
6. LEASES OR OCCUPANCY OF PREMISES:
SELLERS warrant that there are no oral or written leases or
rental agreements affecting all or any portion of the subject
property, nor are any persons occupying the property. SELLERS
Furth::r.' warrant and a(jree to hold DISTRICT free and harmless and
to ru:!_inhurse DISTRIC.: for any and all costs, liability, los:
damage, or expense, including costs for legal services, occ: lion--
ed by reason or any such lease, rental agreement, or occupar:cy
of the property being acquired by DISTRICT (including but nc L
limited to relocation payments and expenses provided for in
Section 7260 et seq. of the California Government Code.)
7. ACCEPTANCE AND TERM OF ESCROW:
DISTRICT shall '.:rave forty five (4 5) days from the date of the
execution hereof by the SELLERS to accept and execute this agree-
ment, and during said period this instrument shall constitute
an irrevocable offer by SELLERS to :e.11 and convey the aforesaid
real ;. roperty to DISTRICT, for the consideration and under the
terms and conditions herein set forth. As consideration for the
tender of said offer DISTRICT has paid -and SELLER3 acknowledge
receipt of the sum of ten ($10. 00) dollars . Time being of the
essence, this transaction shall close as soon as Practicable
after documents evidencing acceptable title are deposited in
escrow (No. 1-8200) to be 'conducted by the First American Title
Guaranty Company, 675 North First Street, San Jose, California,
95112 and in no event later than forty-five (45) days after this
agreement is approved and executed on behalf of DISTRICT.
8. The provisions hereof shall accrue to the benefit of
and shall bind the respective heirs, devisees, assigns, or
successors in interest of the parties hereto.
2 of 3
MIDPENINSULA REGIO4rAL
O 'E v SPACE DISTRIC. "
APPROVED AS TO FORM:
SELLERS:
,!
Leo F. Duffy
1,14 LA
Stanley N rton District Counsel _ ;�' �,� '
( Dorothy Duf :�y ��
ACCEPTED FOR RECOMMENDATION:
f
L. Craig Br`' ton
Land AcquisYtiori Manager
RECOMMENDED FOR APPROVAL:
• ,.. ( ') • '�
Herbert Grench
General Manager
APPROVED AND ACCEPTED:
Barbara Green, President
Board of Directors
Dated:
ATTEST:
Clerk of the Board of Directors
( ///--?
Charles E. Barnes f
Lenore B. Barnes
3 of 3
Dated: (t'�` .�-L ��S. -�
A 4 }. j/ 1
First A mer can Title Guaranty Company
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PRELIMINARY REPORT
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❑ CUPERTINO
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•❑ LOS ALTOS
415 SAN ANTON:;) it;✓ . JtOl
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❑ PALO ALTO
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PALO ALTO CA 91.937
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❑ SUNNYVALE ❑ BLOSSO4 H1LL•SAN JOSE .0 WEST VALLEY•SAJ4 JOSE
1D55SVNNYVALE SARATOGA RD 49:,, SLC1: . II ttILL ROAD 4125 BLACKFCu1D AVE . /100
SVNNYVALE. CA MC.17 SAN JOSE. CA 9512] SAN JOSE, CA 95117
14081 24SR6I Wei 727.5111 14084 2439611
SAN JOSE,
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San Jose, CA 451?5
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Your No.
Our Order No. 1-8200
Form of Policy Coverage Requested:
In response to the above referenced application for a policy of title insurance, this Company hereby reports
that it is prepared to issue. or cause to be issued. as of the date hereof, a Policy of Title Insurance in the form
specified above. describing the land and the estate or interest therein hereinafter set forth, insuring against
toss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested.
Dated as of March 26, 1980 at 7:30 a.m.
MARY VTERLT.NG
ESCROW OFFICER
ETHEL NAEHLER TITLE OFFICER
Title to said estate or interest at the date hereof is vested in:
LEO F. DUFFY and DOROTHY DUFFY,
his wife, as Joint Tenants, an undivided 1/2 interest, and
CHARLES E. BARNES and LENORE B. BARNES,
his wife, as Joint Tenants, an undivided 1/2 interest
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE AS TO PARCELS ONE AND THREE; AN EASEMENT AS TO PARCELS TWO AND FOUR.
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in
said policy form would be as follows:
SEE NEXT PAGE ATTACHED.
(.••1-8200
Page 2
A. Ta:es for the -fiscal year 1980-81, a lien, not yet due or payable.
B. Second Installment of taxes for the fiscal yar 1979-80, Amount $127.46,
A.P. 537-07-008, Code Area 80-060.
Taxes for the fiscal year 1978-79 which may be reassessed by reason of:
a) Improvements added subsequent to 3/1/75
b) Changes in ownership occurring subsequent to 3/1/75
c) Reappraisal of property values as of 3/1/75.
1. Rights of the public, public utility entities, and adjoining land owners in and to
any established and e :istina roads traversing the herein described pros E::ty.
2. Any unrecorded outstanding water agreements by and between adjoining lard owners.
3. Terms, covenants and conditions contained in that certain Agreement ent.:.red into
by and between Patricia L. Popp and Henry M. Rood, et ux, recorded May 29, 1957
in Book 3809 of Official Records at Page 341, Santa Clara County Records, to which
recorded instrument .reference is here made for more particulars.
4. Covenants contained in those certain instruments recorded June 7, 1957, Book 3815
of Official Records at Pages 109, 110 and 112 of Santa Clara County Records, to
which recorded instruments reference is here made for more particulars.
5. Terms, covenants, conditions and restrictions contained in the Deed to Jefferson
C. Stephens, et ux, recorded June 10, 1957 in Book 3816 of Official Records at
Page 293, Santa Clara County Records, to which recorded instrument reference is
here made for more particulars.
6. A-ty facts that a current survey on the ground would reflect.
7. The records disclose the following against parties with the same or similar names
as vestee; inquiry should be made to establish the identity of said parties.
(a) Lien for unsecured personal property. taxes
County: Santa Clara
Against: Barnes, L. E.
Assessment No: 12601
Year: 1959
Amount: $23.98
Recorded: June 28, 1977 in Book C954, page 594 of Official Records
NOTE:
(A) The only conveyances affecting said land recorded within six months prior to the
date of this report are as follows: NONE.
LEGAL DESCRIPTION:
See EXHIBIT- "A-1" attached
LENDERS SUPPLEMENTAL REPORT:
Any facts, rights, easements, interest or claims which are not shown by the public
records but which could be ascertained by making inquiry of persons in possession
of said land and disclosed by a physical Inspection thereof. •
8200
EXHIBIT "A -l"
Real property situated in the County of Santa Clara, State_ of California, described as
follows:
PARCEL ONE
All of Lot 15, Section 27, T. 8 S. R. 1 W. M.D.M. more particularly described as follows:
Beginning at a 1 1/2 inch iron pipe set at the common corner to Lots 9-10-15-16, Section
27, T. 8 S., R. 1 W., M.D.M.;
thence S. 2° 34' 34" W. 1386.63 feet along the line between Lots 15-16, to a 1 1/2
inch iron pipe set at the corner to Lots 15-16 and the Section line between Section 27
and 34, T. 8 S. R. 1 W., M.D.M.,;
thence S. 88° 59' 52" W., 1385.82 feet along said Section line to the 1/4 Section
corner tree found;
thence N. 3° 08' 44" E., 1424.28 feet to a 1 1/2 inch iron pipe setat the corner to
Lots 10-11-14-15;
thence 8.89° 28' 13" E., 1369.84 feet to the place of beginning.
Containing 44.386 acres, more or less, as surveyed in August 1963 by Thomas Riley, Land
Surveyor.
PARCEL TWO
A non-exclusive right-of-way 50 feet wide, across portions of lots 9 and 16, Section 27,
T. 8 S. R. 1 W. M.D.M. for ingress, egress and utility and waterlines, both underground
'and overhead, the centerline of which is described as follows:
Beginning at a 1 inch iron pipe In the West line of that certain 5 acre parcel of land
granter by deed from Robert J. Pouey to Frederick Eoetter, et ux, recorded August 29,
1957 in Book 3879 of Official•Records, at page 241, which pipe is N. 89° 28' 13" W.
702.11 feet and N. 1° 58' 30" E. 403.53 feet from the Southeast corner of Lot 9, Section
27, T. 8 S. R. 1 W., M.D.M.;
thence across Lot 9, S. 70° 19' 25" W., 69.72 feet to a 1 inch iron pipe;
thence S. 37° 50' 00" W. 187.17 feet to a 1 inch iron pipe;
thence S. 42° 27' 20" W. 125.96 feet to a 1 inch iron pipe;
thence S. 30° 01' 10" W. 157.08 feet to a point on the line between Lots 9-16;
thence across Lot 16 S. 30° 01' 10" W. 259.68 feet to a 1 inch iron pipe;
thence S. 71° 56' 55" W. 213.83 feet to a 1 inch iron pipe;
thence S. 85° 06' 35" W. 17.70 feet to a 1 inch iron pipe on the line between Lots
16-15. The sidelines of said right-of-way to be extended or shortened to intersect the
Eastline of said Lot 15.
Subject however, to the right of the owner of land adjacent to the parcel hereinafter
referred to as "Parcel Three" to re-route the aforesaid right of way over his lands and
over the said "Parcel Three" so long as such h re-routing does not interfere with the
production and delivery of water from the said "Parcel Three".
PARCEL THREE
An undivided 30% interest in and to the following described real property situated in
the County of Santa Clara, State of California, more particularly described as follows:
Beginning at the Southeast corner of Lot 9, Section 27, T. 8 S. R 1 W., M.D.M;.
thence N. 89° 28' 13" W. 702.11 feet to a 1 inch iron pipe set at the Southwesterly
t 1-8200
EXHIBIT "A-1"
Page 2
cor►-<<r of that certain parcel of land granted by deed from Robert J. Pouey to
Fre,; rick Koetter, etux recorded August 29, 1957 in Book 3879 of Official Records, at
page 241, and tale true place of beginning;
thence N. 1° 58' 30" E. 200.00 feet along the Westerly line of Koetter to a 1 inch
iron pipe;
thence N. 89° 28' 13" W. 140.00 feet;
.thence in a direct line Southwesterly to a point which bears S. 89° 28' 13" E.
260.00 feet from the point of beginning;
thence S. 89° 28' 13" E. 260.00 feet to the place of beginning.
Containing 0.913 acre:, more or less.
Parcel #3 is granted with the express limitation that all water rights accruing to
grantee hereunder shall be used exclusively for the benefit of Parcel One hereinabove
described.
And subject further to the express condition and requirement that at such time as any
other owner of an undivided interest in this parcel secures a building site approval for
land which water from this parcel is designated to benefit, which said building site
approval is contingent upon securing an adequate source of water, then upon demand
from such other owner, granted herein or his successors shall be required to share the
costs of improving the well upee. this parcel to the extent required for satisfying the
said contingency for .securing an adequate source of water; such cost to be borne by
grantee herein or his successors in proportion to his interest in this parcel. Any
violation of the foregoing conditions or limitations shall cause the interest of grantee
or his successors in this parcel to terminate and to immediately vest in the other then
owners of undivided interests in this parcel pro -rata in proportion to the undivided
interests of such other owner;. provided, however, that this provision shall not remain
in effect after August 15, 1978.
PARCEL FOUR
A no: --exclusive right-of-way 20 feet wide, for ingress: and egress and utility and water
lines, both underground and overhead, the East side line of which is described as follows:
Beginning at a 1 inch iron pipe at the Northeast corner of the above described Parcel
Three;
thence N. 1° 58' 30" E. 222.93 feet along the West line of Koetter to a 1 inch iron
pipe at the centerline of a 50 foot right-of-way.
Together with these certain easements contained in the Deed from Earl C. Popp and Helen
A. Popp, his wife, to William D. Crawford and Beverly H. Crawford, his wife, dated .
April 23, 1957 and recorded Nay 14, 1957 in Book 3797 of Official Records, page 674,
Recorder's File No. 1339293, as follows:
(A) A non-exclusive right of way for the purpose of ingress and egress, for the instal-
lation and maintenance of public utilities, over a strip of land 30 feet wide, the center
line of which is described as follows:
Beginning at a point in the West most boundary line of. that certain 5.50 acre tract of
landdescribed in the Deed from Earl C. Popp, et ux, to the United States of America,
dated December 22, 1954, recorded February 8, 1955 in Book 3080 of Official Records,
page 399, Santa Clara County Records; said point of beginning being North 71.06 feet
-8200
EXHIBIT "-1A-1"
Page 3
from the Southwest corner of the said 5.50 acre tract;
thence from said POINT OF BEGINNING North 63° 27' West 64.78 feet; South 66° 20'
West 141.63 feet to the TRUE POINT OF BEGINNING;
thence from said TRUE POINT OF BEGINNING North 79° 23' West 225.76 feet; North 61°
49T West, 124.10 feet; North 86° 35' West 269.21 feet; North 0° 56' West 86.38 feet;
North 38° 24' East 92.37 feet; South 82° 25' East 229.47 feet; South 69° 52' East 100.76
feet; North 22° 57' East 122.50 feet; North 0° 50' West 103.75 feet; North 23° 17' West
170.28 feet; North 62° 17' West 57.81 feet; North 68° 43' West 56.51 feet; North 84° 07'
'West 51.17 feet; North 70°.29' West 62.76 feet; South 83° West 30.99 feet; North 70° 31'
West 39.30 feet; North 57° 06' West 48.24 feet; North 38° 09' West 54.62 feet; North 23°
18' West 104.15 feet o,: =d North 35° 38' West 98.51 feet to the point of said approximate
center line of Blackberry Hill Road with the approximate centerline of a road known as
Mireval Road (formerly known as Old McBride Road) ,
thence running along the said approximate center line of Mireval Road North 63° West
82.82 feet and North 74° 42' Vest 133.50 feet, more or less to the Westerly line of the
parcel of land described as Parcel No. 1 in the Deed from Abbie M. Coykendall, also
known as Abgie M. Coykendall to Lillian Morris, dated November 24, 1937 and recorded
December 18, 1937 in Book 854 of Official Records, page 346.
(B) A right-of-way for the purpose of ingress andegress and for the installation and
maintenance of public utilities over a strip of land 50. feet wide, the TRUE POINT OF
BEGINNING of said right-of-way being located in the approximate center of Blackberry
Hill Road and said BEGINNING POINT being located by measuring from a point in the West
most boundary line of that certain 5.50 acre tract of land described in the Deed from
Earl C. Popp, et ux; to the United States of America, dated December 22, 1954,. recorded
February 8, 1955 in Book 3080 of Official Records, page 399, Santa Clara County Records;
said point being North 71.06 feet from the Southwest corner of said 5.50 acre tract;
thence measuring from said point 64.78 feet North 63° 27' West;
thence measuring 141.63 feet South 66° 20' West to said BEGINNING POINT;
thence Southeasterly from said POINT OF BEGINNING, following a meandering course
along the existing Road to Popp's water tank but passing Northerly of said water tank
following the meandering course of the newly bulldozed road, and crossing the North
fork of limeK.:iln Creek near a large rock formation;
thence continuing to follow the newly bulldozed road Southeasterly up the hill, and
switching back first Northwesterly and then again Southeasterly to a point on the South
boundary of said Popp's lands.
(C) Also together with a right-of-way for ingress and egress and the installation and
maintenance of public utilities over that portion of the existing Blackberry Hill Road.
(D) Also together with and appurtenant to the premises hereinabove firstly described,
a non-exclusive right of way for ingress and egress and for the installation and main-
tenance of public utilities over . a strip of land 30 feet wide, the center line of which
is described as follows:
Beginning at a 3/4 inch pipe set on the South line of thatcertain tract of land conveyed
by Earl C. Popp, et ux, to Effie Walton, as recorded in Volume 1726 of Official Records,
page 336, at the most Easterly corner of that certain 1.392 acre tract of land described
in that certain Deed of Trust executed by Glen Goodwin, et ux, and dated October 15, 1953
and recorded October 23, 1953 in Book 2745 of Official Records, page 225, said POINT OF
BEGINNING also being the Northwesterly corner of the tract of land hereinabove firstly
described;
thence along the Westerly line of said tract of land hereinabove firstly described;
8200
XIiIBIT "A-1”
Page 4
thence along the Westerly line of said tract of land hereinabove firstly described
the following courses and distances: S. 42° 33' E. 68.02 feet, S. 27° 28' E. 37.04
feet, S. 22° 02' E. 72.13 feet, S. 7° 54' E. 94.79 feet, and S. 14° 25' W. 153.84
feet to an iron pipe.
(E) An easement for electrical transmission purposes from Blackberry Hill Road. South
to an existing electrical power pole that is West of the west line of that certain 5.50
acre parcel of the United States of America; together with the . right to us', ui)on
approval by P.G. & E., and attached to for electrical transmission purposes the existing
power line on said pole
Also those certain 50 foot easements reserved in the Deed from William D. Crawford, et
ux, to Patricia L. Popp, a single woman, dated April 25, 1957 and recorded. May 14,
1957 iu Book 3797 of Official Records, page 683, conveying 9.47 acre tract above
e.=epted, as follows:
RESERVI G TO THE GRANTORS an unobstructed fifty foot easement for ingress and egress
and for the installation and maintenance of public utilities over - the course of the
existing road passing on and over a portion of the 9.47 acre parcel in Lot 9, Section
27, Township 8 South, Range 1 West, M.D.B. & M.,
ALSO RESERVING TO THE GRANTOR an unobstructed fifty foot easement for a road not yet
constructed for ingress and egress and for the installation and maintenance of public
utilities over the following described course:
Beginning at a point in the existing road passing on and over a portion of (9.47 acre
parcel in Lot 9 in Section 27, Township 8 South, Range 1 West) ; said parcel running
thence to the Easterly boundary line. The exact description of said right of way shall
be located with the consent of the grantee, her heirs and assigns.
Also those certain 50 foot easements reserved 3.n the Deed from William D. Crawford, et
ux, to Robert J. Pouey, dated April 23, 1957 and recorded May 14, 1957 in Book 3797 of
Official Records, page 685, conveying 5.00 acre tract above excepted as follows:
RESERVING TO THE GRANTOR an unobstructed fifty foot easement for ingress and egress
and for the installation and maintenance of public utilities over the existing road -
over a portion of the 5.00 acre parcel in Lot 9 Section 27, Township 8 South, Range I
West, M.D.B. & M.
ALSO RESERVING TO THE GRANTOR an unobstructed fifty foot easement for ingress and egress
and for the installation and maintenance of public utilities for a road not yet constructed
over a portion of the 5 acre parcel in Lot 9, Section 27, Township 8 South, Range 1 West,
M.D.B. & M., from the Westerly boundary line of said parcel to the Easterly boundary line.
(WE NOTE BUT DO ma INSURE THE FOLLOWING)
(F) A right of way 10 feet wide over parcel of land conveyed by Henry E. McBride and
Georgia M. McBride, his wife, to Dr. F.A.A. Betinge, by Deed dated June 25, 1885 and
recorded June 25, 1885 in Vol. 79 of Deeds, page 526.
(G) A right of way for road purposes over a portion of the -Davis and Cowell Tract,
more particularly described in a certain Deed from Isaac E. Davis and Henry Cowell to
A. Richardson, dated October 22; 1886 and recorded April 25, 1889 in Vol. 117 of Deeds,
page' 36, records of said County.
8200
XH 133IT "A-1"
Page 5
(H) A right of way over lands now or formerly of Kate Wright in Lot 3, of Section 22,
Township 8 South Range 1 West, M.D.B. & M., being the same right of way conveyed by
Charles S. Wright and Kate Wright, his wife, to G. W. Fletcher, by Deed dated October 4,
1892 and recorded October 6, 1892 in Vol. 153 of Deeds, page 12.
(1) A. right of way reserved in the Deed from F. M. Myers and .Edith 0. Myers, his w►.fe,
to Mary E. Ringrose and James Ringrose, dated December 30, 1925 and recorded January 7,
1926 in Vol. 208 of Official Records, page 183.
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