HomeMy Public PortalAboutResolution - 96-13- 19960327 - Skyline Ridge OSP - Fee dRESOLUTION NO. 9 6 -13
RESOLUTION OF THE BOARD OF DIRECTORS OF TIE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT EXERCISING ITS
RIGHT OF FIRST REFUSAL TO REPURCHASE THE FORMER BACH
FEE DETERMINABLE ESTATE, 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 (SKYLINE RIDGE OPEN SPACE
PRESERVE - FEE DETERMINABLE ESTATE - BANK OF AMERICA)
WHEREAS, 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 exercise its right of first refusal to repurchase the Fee Determinable
Estate as described in legal description attached hereto pursuant to that certain Grant Deed,
Declaration and Restrictions, Right of First Refusal and Reservation of Easement Rights by
and between Midpeninsula Regional Open Space District, a public District, as Grantor, and
Kyle G. Bach? Trustee, as Grantee, as recorded in San Mateo County on August 18, 1988,
recorder's serial number 88108438.
Section Two. The President of the Board of Directors or other appropriate officer is
authorized to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given
appropriate notice of acceptance to the seller. The General Manager further is authorized to
execute any and all other documents necessary or appropriate to the transaction.
Section Four. The General Manager of the District is authorized to expend up to
$5,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs
related to this transaction.
Section Five. It is intended, reasonably expected and hereby authorized that the
District's general fund will be reimbursed in the amount of $2750 from the proceeds of
the next long term District note issue. This Section of this Resolution00 is adopted by the
Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of
establishing compliance with the requirements of Section 1.103-18 ofthe Treasury
Regulations. The reimbursement of this payment expenditure is consistent with District's
budgetary and financial circumstances. There are no funds or sources of moneys of the
District that have been, or reasonably are expected to be reserved or allocated on a long-term
basis, or otherwise set aside to pay the costs of this open space land acquisition project which
are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The
Board of Directors hereby declares District's official intent to use proceeds of indebtedness
to reimburse itself for this open space land acquisition project expenditure.
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RESOLUTION NO. 96-13
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open
Space District on March 27 , 19 96
the following vote:
at a regular meeting thereof, by
AYES: Peter Siemens, Mary Davey, David Smernoff, and Betsy Crowder
NOES: None
ABSTAIN: None
ABSENT: Ernestine Henshaw, Nonette Hanko, and Wim de Wit
ATTEST: APPROVED:
A.1
President, Bard of Director
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 day.
CwiN �'r�oLco
DiItrict Clerk
em
ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF THE
.COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL I
A PORTION of the North 1/2 of the Southeast 1/4 of Section 21 in
Township 7 South, Range 3 West, Mount Diablo Base and Meridian
'and being more particularly described as follows:
BEGINNING at a 3/4" iron pipe monument tagged L.S.4840, said iron
pipe monument bears South 35° 02' 34" East 625.09 feet from a San
Mateo County Triangulation point called "Rock", which said point
called "Rock" bears North 38° 14' 59" West 3289.71 feet from
another San Mateo County Triangulation point called "Coyote" as
both said triangulation points are shown on that map entitled
"PARCEL MAP FOR A RESUBDIVISION OF A PORTION OF SECTION 21, T7S,
R3W, M.D .B.&M. , DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE
306 SAN MATEO COUNTY CALIFORNIA" filed in the office of the
County' Recorder of San Mateo County, California on December 9,
1975 in Volume 29 of Parcel Maps at Pages 49 & 50; thence from
said point of beginning South 89° 59' 11" East 149.80 feet to a
3/4" iron pipe monument tagged L.S.4840; thence South 83° 11' 51"
East 150.53 feet to a 3/4" iron pipe monument tagged L.S.4840;
thence South 35° 29' 01" East 293.23 feet to a 3/4" iron pipe
monumenttagged L.S.4840; thence North 86° 59' 32" East 125.07
feet to a 3/4" iron pipe monument tagged L.S.4840; thence North
5$° 07' 34" East 327.83 feet to a 3/4" iron pipe monument tagged
L.S.4840; thence North 61° 56' 00" West 163.22 feet to a 3/4"
iron pipe monument tagged L.S.4840; thence North 34° 18' 07" West
487.08 feet; thence North 43° 32' 02" West 305.37 feet; thence
North 20° 42' 56" West 150.01 feet; thence North 26° 48' 40" West
300. feet more or less to the northerly line of the Southeast 1/4
of said Section 21; thence west along said northerly.line 100
feet more or less to the centerpoint of said Section 21; thence
from said centerpoint south along the westerly line of said
Southeast 1/4 1030 feet more or less to a point which lies 68
feet more or less due west from said point of beginning; thence
due east 68 feet more or less to the point of beginning.
RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT 12 feet wide for
Ingress and Egress purposes limited to Midpeninsula Regional Open
Space District agents, their successors and assigns, employees
and contractors for construction, maintenance, patrol and
emergency purposes only over the hereinabove described PARCEL I,
the centerline of said 12 foot wide strip shall follow the center-
line of an existing road that runs from the northerly line of
said PARCEL 1 southeasterly and southwesterly to the southerly
line of said PARCEL I.
The sidelines of the above described 12 foot wide easement are to
be shortened or lengthened so as to form a continuous 12 foot
wide strip from the northerly line to the southerly line of said
PARCEL I.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT easement 20 feet wide for
ingress, egress and underground public utilities over a portion
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of the North J./2 of Section 21 in Township 7 South, Range 3 West,
Mount Diablo Base and Meridian, the centerline of said easement
being more particularly described as follows:
BEGINNING at a point of intersection of the centerline of Alpine
Road with a 10 foot wide paved driveway at which said point of
intersection bears North 5' 10' 04" West 1633.84 feet from a San
Mateo County Triangulation point called "Rock" which said point
called "Rock" bears North 38° 14' 59" West 3289.71 feet from
another San Mateo County Triangulation point called "Coyote" as
both said triangulation points are shown on that map entitled
"PARCEL MAP FOR A RESUBDIVISION OF A PORTION OF SECTION 21, T7S,
R3W, M.D.B.&M., DESCRIBED IN VOLUME 4959, OFFICIAL RECORDS, PAGE
306 SAN MATEO COUNTY CALIFORNIA" filed in the office of the
County Recorder of San Mateo County, California on December 9,
1975 in Volume 29 of Parcel Maps at Pages 49 & 50; thence from
said point of beginning along the approximate centerline of said
10 foot wide paved driveway South 13° 54' 17" East 93.42 feet;
thence South 32° 07' 54" East 165.63 feet; thence South 47° 35'
41" East 94.04 feet; thence South 40° 50' 55" East 59.74 feet;
thence South 33° 03' 23" East 135.75 feet; thence South 29° 10'
32* East 99.16 feet; thence South 12° 36' 34" East 60.46 feet;
thence South 12° 30' 20" West 55.76 feet; thence South 2° 35'
06" West 47.25 feet; thence South 1.6° 06' 19" East 133.02 feet;
thence South 14° 04' 21" East 150.84 feet; thence South 30° 08'
42" East 83.93 feet; thence South 35° 27' 29" East 63.21 feet;
thence South 48° 42' 54" East 17 feet more or less to the
northerly line of the Southeast 1/4 of said Section 21 and the
terminus of the herein described 20 foot wide easement.
The sidelines of the above described 20 foot wide easement are to
be shortened or lengthened' so as to form a continuous 20 foot
wide strip from the southeasterly line of Alpine' Road to the
northerly line of the Southeast 1/4 of said Section 21.
ALSO TOGETHER WITH the following described easements referred to
as EASEMENTS (a) and (b) hereinbelow:
EASEMENT (a)
AN EXCLUSIVE EASEMENT for drawing water from an existing water
system comprised of 4 springs (with appurtenant facilities) lying
within the easterly portion of the lands described in that Grant
Deed from Bullis to Midpeninsula Regional Open Space District
recorded in Official Records of San Mateo County, California on
May 2, 1986 in Document No. 86046969, said easement is granted
with rights to maintain, operate, repair and secure said water
system from vandelism and human intrusion with additional rights
to replace existing water lines and electrical lines running from
the hereinabove described PARCEL I to said existing water system.
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EASEMENT (b)
A NON-EXCLUSIVE EASEMENT 12 feet wide over a portion of the
lands described in that Grant Deed from Bullis• to Midpeninsula
'Regional Open Space District recorded in Official Records of San
Mateo County, California on May 2, 1986 in Document No. 86046969,•
said easement is for purposes of ingress and egress to operate
and maintain said water system, the centerline of said 12 foot
wide easement to coincide with the centerline of that eight foot
wide dirt road that presently accesses said water system which
said dirt road meanders near the westerly, southerly and easterly
properties lines of the hereinabove described Parcel I.
The side lines of the above described 12 foot wide easement are
to be shortened or lengthened so as to form a continuous 12 foot
wide strip from the southerly line of the hereinabove described
Parcel I to the perimeter of said square shaped area described in
the hereinabove EASEMENT (a).
8/16/88 (revised)
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