the undersigned, Agnes K. Marks, a single woman, Herman H. Marks, a single man,
and Andrew P. Marks, a widower, hereinafter sometimes designated the "Donors",
wish to convey to the State of California, hereinafter sometimes designated
"State", a total of some Nine Thousand (9,000) acres of real property, to be
included within a State Park to be known as "The Forest of Nisene Marks"; and
WHEREAS, said conveyance is motivated by the affection of Donors for said real property and their intention that said real property be preserved for all time as a natural preserve, notwithstanding any future change of use of any surrounding properties and notwithstanding that increased population and other causes may bring about such changed uses in future years; and
WHEREAS, said real property will be conveyed by Donors to the state by gift deeds in several separate parcels, including the following:
the "Hinckley Basin" parcel, constituting some Two Thousand Five Hundred (2,500) acres, more or less,
the "Timothy Hopkins" parcels, hereinafter described, constituting some One Thousand Seven Hundred (1,700) acres, more or less, and
the "Aptos Forest" parcel, constituting some Four Thousand Eight Hundred (4,800) acres, more or less.
NOW, THEREFORE, Donors grant to State, to the end that its citizens may enjoy this land in perpetuity, all that real property situated in the County of Santa Cruz, State of California (hereinafter referred to as the "Property"), described in Exhibit "A" attached hereto and by this reference made a part hereof.
RESERVING THEREFROM a non-exclusive easement twenty (20) feet in width, for ingress and egress, pipelines and utilities, the location of said easement to be mutually agreed upon between Donors and State and to be located, both as to terrain and ground conditions, so that erosion will be at a minimum and so that trees shall not be cut or destroyed unnecessarily. Together with all of the Donors' right, title and interest in and to all water and water rights, whether surface or subsurface, or any other kind, including all appurtenant water and water rights, and all water and water rights in any wise incident to the Property, or used thereon or in connection therewith, and all other appurtenant rights and easements pertaining to the Property.
TO HAVE AND TO HOLD the Property, its incidents and appurtenances, unto said State, its successors and assigns forever; subject to the following conditions subsequent:
1. That the Property shall be a portion of a State Park to be known as "The Forest Of Nisene Marks";
2. That adequate standards for public health and safety shall be maintained thereon;
3. That there shall be no horseback riding thereon;
4. That the use of the Property shall be limited to camping, nature study, hiking, and associated activities;
5. That any development of the Property in connection with said activities shall be in keeping with its natural surroundings;
6. That there shall be filed no complaint in an action of condemnation whereby it is sought to condemn all or any portion of the Property, or any interest therein, whether or not the State shall participate in or accede to such exercise of the power of eminent domain.
Upon the breach of any of the conditions or the happening of any of the events hereinabove specified, Donors, their heirs, successors, administrators and assigns, or any one or more of them, may declare the forfeiture of that portion of the Property directly affected by the breach or occurrence upon which the forfeiture is based, and may reenter and take possession of said portion of the Property and all right, title and interest of the State or its successors in and to said portion of the Property as to which forfeiture shall have been declared and re-entry effected, shall thereupon immediately vest in the Donors, their heirs, successors, administrators and assigns. It shall be completely at the option of the Donors, their heirs, successors, administrators and assigns, to declare the forfeiture and effect re-entry of the portion of the Property which is directly affected by the breach or occurrence upon which the forfeiture is based.
Forbearance by the Donors, their heirs, successors, administrators, or assigns, to take advantage of any breach of said conditions shall not constitute or be construed as a waiver of the rights of the Donors, their heirs, successors, administrators, or assigns, by reason of any subsequent breach.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed this 28th day of October 1963.
Agnes K. Marks
Herman H. Marks
Andrew P. Marks
Page Created: December
3, 2001 Last Update: April 26, 2003 maintained by richapple.com
Return To: Nisene Marks Page
Email me: Rich Apple