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