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HomeMy Public PortalAboutResolution - 89-35- 19890628 - Approve Fencing PurisimaRESOLUTION NO. 89-35 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT CORRECTING EASEMENT AND GRANT OF LICENSE FOR FENCING, AUTHORIZING OFFICER TO EXECUTE AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE AND EL CORTE DE MADERA CREEK 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 Midpenin- sula Regional Open Space District does hereby accept that certain Agreement Correcting Easement and Grant of License for Fencing between The Kings Grove, Inc. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The General Manager of the District shall cause to be given appropriate notice of acceptance to The Kings Grove, Inc. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Three. The Board of Directors finds that the easement correction and licence for fencing are in accordance with the Basic Policy of the District and are reasonable and necessary for the management of Purisima Creek Redwoods Open Space Preserve and El Corte de Madera Creek Open Space Preserve. * * * * * * * * * * * RESOLUTION NO. 89-35 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 28 ,19 89 at a regular meeting thereof, by the following vote: AYES: Katherine Duffy, Edward Shelley, Nonette Hanko, Robert McKibben, Richard Bishop, and Ernestine Henshaw. NOES: None. ABSTAIN: None. ABSENT: Gerry Andeen. ATTEST: Secretary, Board of directors • APPROVED: Vice -President, 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. Dis tidiJ ict Clerk 'AGREEMENT CORRECTING EASEMENT AND GRANT OF LICENSE FOR FENCING THIS AGREEMENT is made and entered into by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter "District"), and THE KINGS GROVE, INC., a California Corporation (hereinafter "Kings Grove") : Recitals WHEREAS, pursuant to an agreement between Kings Grove; and Marjorie S. Price and Longueville H. Price, Jr. (predecessors in interest to District), which Agreement was dated May 29, 1969 and recorded on July 8, 1969 in Volume 5662, at page 207, Official Records of San Mateo County, Kings Grove reserved an easement for ingress and wress.and public utilities, and water pipes within a 10 foot wide strip of land described in said Agreement; and WHEREAS, it has subsequently been determined that the roadway providing ingress and egress and public utilities and water pipes serving the property of Kings Grove actually are located partially within and partially outside the 10 foot wide strip of land described in said Agreement, although still entirely upon real property now owned by District; and WHEREAS, District has heretofore inadvertently constructed a fence upon property owned by Kings Grove; and WHEREAS, District and Kings Grove desire to amend the easement reserved in said Agreement to correct its location and to define their respective rights and responsibilities in connection with said easement and with said fence. NOW, THEREFORE, in consideration of the terms and conditions and mutual covenants herein contained it is hereby agreed by and between the parties hereto, as follows: I. The easement rights reserved in Section 2 of said 1969 Agreement (5662 OR 207) shall be null and void and be superseded in their entirety by the terms of this Agreement. II. District hereby grants to Kings Grove a non-exclusive easement and right of way for the construction, reconstruction, removal, and use of an access roadway, public utilities, and an underground water pipe line within the boundaries of that certain real property described in Exhibit "A" attached hereto and made a part hereof. The easement is granted by District and accepted by Kings Grove upon the following terms and conditions: Agreement and License - The Kings Grove, Inc. Page 2 A. The easement herein granted is appurtenant to and for the benefit of Kings Grove's adjoining real property. B. Kings Grove hereby acknowledges District's title in and to said real property described in Exhibit "A" attached hereto and agrees never to assail or to resist said title. C. Upon completion of any of its works hereunder, Kings Grove shall promptly restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste. D. Except in case of ordinary maintenance and emergency repairs, Kings Grove shall give District at least ten (10) day's notice in writing before entering upon said real property for any work in connection with construction, reconstruction, repair or removal or performing any work on or in connection with Kings Grove's facilities. In no event will Kings Grove remove or damage any tree, shrub, or similar vegetation without first obtaining District approval in writing. E. Kings Grove expressly agrees to indemnify, defend and hold harmless District, its directors, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys' fees, arising out of Kings Grove's operation or performance under this easement. III. Kings Grove does hereby give to District a revocable license for the construction, reconstruction, maintenance, removal and use of a post and split rail fence upon a portion of Kings Grove's property along Tunitas Creek Road, San Mateo County as shown on the drawing designated Exhibit "B" attached hereto and made a part hereof. The license is given by Kings Grove and accepted by District upon the following terms and conditions: A. District hereby acknowledges the title of Kings Grove in and to the real property occupied by said fence and agrees never to assail or to resist said title. B. Said License may be revoked by Kings Grove at any time upon giving to District 120 days previous notice in writing of Kings Grove's intention so to do, and upon the expiration of said 120 -day period all rights herein given to District shall immediately cease and terminate. Upon such revocation and the giving of such notice, Kings Grove may record in the Office of the County Recorder of said County of San Mateo, a notice of such revocation and of having given notice as hereinbefore provided; the recital of such facts in such recorded notice shall be conclusive proof of the truthfulness thereof. Prior to the expiration of said 120 - day period, or upon any termination or revocation of said License or of any of the rights of District hereunder, District shall promptly remove from said real property at District's own expense the fence and shall restore said real property to as near its original condition as possible. Agreement and License - The Kings Grove, Inc. Page 3 C. The construction, reconstruction, maintenance, removal and use of, and all work upon or in connection with, the fence shall at no time and in no way whatever interfere with the operations of Kings Grove; the location of the fence, the construction, reconstruction, maintenance and removal thereof and all work in connection therewith shall be done and made under the supervision and to the satisfaction of Kings Grove, and the construction, reconstruction, maintenance, removal and use of any facilities or improvements of Kings Grove, present or future, upon said real property shall at all times be paramount to any rights of District under this License. D. Upon completion of any of its works hereunder District shall promptly restore the property to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste, and if District fails so to keep said real property then Kings Grove may perform the work as reasonably necessary at the expense of District, which expense District agrees to pay to Kings Grove upon demand. E. In the event the fence interferes with the future use of the property by Kings Grove, then District at its own expense and cost, upon receiving 120 days written notice from Kings Grove so to do, will immediately proceed to remove the fence and in the event that District fails so -to do, said work may be performed by Kings Grove at the expense of District, which expense District agrees to pay to Kings Grove promptly upon demand. F. To the extent permitted by law, District expressly agrees to indemnify, defend and hold harmless Kings Grove, its directors, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, arising out of District's operation or performance under this License. G. District agrees to assume all risk of damage to the fence and to any other property of District or any property under the control or custody of District while upon the property of Kings Grove. H. All rights herein given to District are subject to all existing rights, rights of way, reservations and easements by whomsoever held in and to said real property. IV. All notices required hereunder shall be served upon the District at: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Agreement and License - The Kings Grove, Inc. And upon Kings Grove at: The Kings Grove, Inc. 10 West Orange Avenue South San Francisco, CA 94080 Attn: Duane Atkinson (415) 876-1303 Page IN WITNESS WHEREOF, the parties hereto have executed this agreement, in duplicate, the day and year first above written. District: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District By. Vice-P.esiden Board t, oar of Directors ATTEST: Di PA Clerk Date: _11010 gA la',q OFFICIAL SEAL 1. E. RECORD NOTARY PUBLIC -CALIFORNIA COUNTY OF SAN MP,TE0 My Commission Expires lune I& 1991 By: STATE OF CALIFORNIA San Mateo County of Kings Grove: THE KINGS GROVE, INC., a California Corporation Duane E. Atkinson, President On this 31st dayJ f E.Ma Record 19 89, before me, personally State of California, dull commissioned and sworn, Duane E . Atkinson of satisfactory v.i the basis personally known to me (or pr oved to me instrument as eveidence) to be the person_ who executed the within 'dent named and acknowledged to me or on behalf of the corporation therein oration executed it. affixed my that the corporation hand and I have hereunto set myhand Mateo IN WITNESS WHEREOF County °f ficial seal in the first above written• e day and year in this certificate ) ) ss. ) otarY P lC , in the year a Notary Public, appeared State 0 Ca 1 ornla L:.. 4095. 4 EXHIBIT "A" LEGAL DESCRIPTION That certain real property located in the State of California, County of. San Mateo, more particularly described as follows: Parcel One: A Strip of Land of varying width, the westerly line of which is identical to the boundary 141e between Point "A" and Point "B" as said points and boundary line are described and designated in that certain Agreement between Marjorie S. Price and Longueville H. Price, Jr., 1st parties, and The Kings Grove, a Corporation, 2nd party, dated May 29, 1969 and recorded July 8, 1969 in Volume 5662 of Official Records at Page 207 in the office of the Recorder of San Mateo County, and the easterly line of which lies equally five feet easterly of and parallel with the following described line: Beginning at said Point "A"; thence South 08° 23' 42" East 45.16 feet; thence South 10° 38' 14" West 82.94 feet; thence South 02° 33' 41" East 110.58 feet; thence South 09° 49' 57" West 47.99 feet; thence South 23° 36' 49" West 52.11 feet; thence South 30° 04' 31" West 119.97 feet; thence South 19° 21' 58" West 50.60 feet; thence South 08° 42' 48" West 128.06 feet; thence South 06° 43' 11" West 130.09 feet; thence South 34° 55' 09" West 24.09 feet; thence South 42° 26' 57" West 238.34 feet; thence South '35° 48' 28" West 49.72 feet; thence South 27° 57' 31" West 19.26 feet; thence South 19° 46' 46" West 37.32 feet; thence South 05° 42' 23" West 128.84 feet; thence South 22° 09' 07" West 43.03 feet; thence South 35° 03' 50" West 44.05 feet; thence South 19° 41' 35" West 124.74 feet; thence South 09° 18' 38" West 79.14 feet to the south line of Section 18, Town- ship 6 South, Range 4 West, M.D.B.& M. Said easterly line shall be lengthened or shortened so as to terminate northerly in said boundary line (5662 OR 207) and southerly in the South line of said Section 18. Parcel Two: A Strip of Land of varying width, the general southerly line of which lies equally five feet, at right angle measurement, easterly, southerly, northerly and parallel with a line beginning at a point on the south line of Section 18, Township 6 South, Range 4 West, M.D.B.& M. at the southerly terminus of the course described in Parcel One above as having a bearing of South 09° 18' 38" West and a length of 79.14 feet; thence from said point of beginning South 12° 10' 43" West 16.09 feet; thence South 27° 17' 40" West 18.12 feet; thence South 61° 34' 34" West 25.55 feet; thence South 80° 30' 25" West 26.86 feet; thence South 89° 19' 23" West 25.62 feet; thence North 80° 59' 03" West 48.44 feet; thence North 80° 12' 38" West 61.68 feet; thence North 85° 07' 09" West 98.50 feet; thence North 10° 46' 16" East 23 feet, more or less to a point on said south line of Section 18 designated herein as Point "C". The general northerly line of said strip shall be the south line of Section 18, lying between said Point "C" and the point of beginning of the above described general southerly line. Redwoods Assumed Property Line / /Wire fencing (approx. 75') to be installed by MROSD Lands of Kings Grove Split rail fencing installed by MROSD .• Tunitas Creek Road MROSD pipe gate \)\\\\ MROSD stile Lands of • MROSD . Schematic EXHIBIT "B" 91 to