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Home My Public Portal AboutResolution - 04-16- 20040526 - Lobner Purchase Second Am RESOLUTION NO. 04-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO PURCHASE AGREEMENT—BARGAIN SALE, AUTHORIZING OFFICER OR GENERAL MANAGER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANTS TO DISTRICT, EXECUTE GRANT OF RIGHT OF FIRST OFFER, AND GRANT DEED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(MONTE BELLO OPEN SPACE PRESERVE—LANDS OF LOBNER) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Second Amendment to Purchase Agreement—Bargain Sale between Darlene Lobner, an unmarried woman, as her sole and separate property, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this reference made a part hereof, and authorizes the General Manager to execute the Second Amendment to Purchase Agreement-Bargain Sale on behalf of the District. Section Two. This Second Amendment is incorporated into that certain Purchase Agreement-Bargain Sale dated March 14, 2001 and First Amendment thereto as approved by Resolution 01-06 of the Board of Directors. All of the remaining terms and conditions of said Purchase Agreement and First Amendment thereto remain in full force and effect. Section Three The General Manager or President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed and the Grant of Right of First Offer on behalf of the District. Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute the Grant Deed conveying real property rights by District. Section Five, The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Six. The General Manager of the District is authorized to expend up to$20,000 to cover the cost of title insurance, escrow fees, survey costs, lot line adjustment applications, and other miscellaneous costs related to this transaction. Section Six. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Second Amendment and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. RESOLUTION No. 04-16 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on May 26, 2004, at a Regular Meeting thereof, by the following vote: AYES: J. Cyr, L. Hassett, D. Little, K. Nitz NOES: None ABSTAIN: None ABSENT: M. Davey, N. Hanko, P. Siemens ATTEST: f APPROVED: jz 5 zz I Secretary Preside and of Directors 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 day. Dis lerk SECOND AMENDMENT TO PURCHASE AGREEMENT - BARGAIN SALE THIS AMENDMENT TO PURCHASE AGREEMENT- BARGAIN SALE("Amendment") is made and entered into as of May , 2004, by and between DARLENE LOBNER, an unmarried woman as her sole and separate property who acquired title as Darlene Lobner Stager ("Seller") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). A. District and Seller are parties to that certain Purchase Agreement - Bargain Sale dated March 14, 2001 (the "Purchase Agreement"). The Purchase Agreement was previously amended by Amendment to Purchase Agreement-Bargain Sale dated May 9, 2001("First Amendment"). The Purchase Agreement and the First Amendment are collectively referred to as the "Agreement". B. Seller and District desire to complete the reconfiguration of Parcel 1 acquired by the District and Parcel 2 retained by Seller so that five occupied rental cabins are located on Parcel 2, as contemplated by the Purchase Agreement and the First Amendment thereto. C. District and Seller now desire to further amend the Purchase Agreement solely as set forth in this Second Amendment. D. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Purchase Agreement. AGREEMENT Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, District and Seller hereby agree as follows: 1. Section 3 of the Agreement, as amended by the First Amendment, is hereby further amended to read as follows: A. Survey as Covenant. Six (6) cabins are located on Parcel 1 and Parcel 2 as described herein. Five of said cabins are occupied as rentals and one cabin is vacant and in poor condition. The vacant cabin is located entirely on Parcel 1. Three (3) of the five (5) occupied rental cabins are located entirely on Parcel 1. Seller desires to retain all of the five (5) occupied rental cabins as a part of Seller's Parcel 2. Therefore, both parties understand and agree that it is Seller's intent that the five (5) occupied rental cabins be retained by Seller as part of Seller's Parcel 2 by means of a Lot Line Adjustment as described in Section 3.E herein. Seller and District agreed that subsequent to the Closing (as defined in Section 4 herein), the Seller and District would jointly hire a licensed land surveyor ("Surveyor") acceptable to the parties hereto to complete a survey to determine the common east/west property boundary between said Parcel 1 and Parcel 2. The survey was completed as contemplated by the Agreement. The purpose of the survey was to determine the location of Page 1 Seller's existing occupied rental cabins in relation to said east/west property boundary and domestic water easements if necessary, as shown in Exhibit "I" attached hereto and incorporated by this reference. B. Legal Descriptions. The survey determined that three (3) of the five (5) rental cabins are located on or partially on Parcel 1, as shown on Exhibit I attached hereto and incorporated by this reference. Accordingly, District and Seller agree that they will diligently pursue the preparation of revised legal descriptions to adjust the boundary between Parcel 1 and Parcel 2 to include the five (5) occupied rental cabins as part of Seller's Parcel 2 by means of a Lot Line Adjustment as set out herein. The parties intend that the revised legal description for Parcel 2 will include the five occupied rental cabins while still containing approximately 10.79 acres, and the revised legal description for Parcel I will contain approximately 40 acres. C. Payment of Surveyor. The parties agree and acknowledge pursuant to the Agreement, the Seller has paid $7,500 as its share of the initial survey costs. The parties further agree and acknowledge that the Seller has no further obligation to pay for any survey costs and or any the Lot Line Adjustment costs as described in Section 3.13 herein. The District assumes responsibility for any and all additional required survey and Lot Line Adjustment costs. D. Re-recording of Documents. The parties agree that revised legal descriptions are required to adjust the boundary between Parcel 1 and Parcel 2 to include the five occupied rental cabins as part of Seller's Parcel 2 in accordance with Section 3.B of the Agreement. Seller agrees to promptly execute and deposit into escrow a new Grant Deed with the revised legal description of Parcel 1 to include the additional Parcel 1A as shown on Exhibit II hereto, which is incorporated herein by reference, and a new Grant of Right of First Offer with the revised legal description for Parcel 2 to include the additional Parcel 2A as shown on Exhibit II hereto. District agrees to promptly execute and deposit into escrow a Grant Deed with the legal description of Parcel 2A as shown on Exhibit II hereto, conveying Parcel 2A to Seller and the required Certificate of Acceptance for the Seller's Grant Deed and Grant of Right of First Offer. District shall pay any additional escrow fees for amending the District's Standard Policy of Title Insurance and any recording fees. E. Lot Line Adjustment. To complete the reconfiguration of Parcel 1 and Parcel 2 in accordance with Section 3 of the Purchase Agreement, the Seller and District have filed, as co-applicants, a Lot Line Adjustment application with the County of Santa Clara. The purpose of the Lot Line Adjustment is to adjust the boundary of Parcel 2 to include Parcel 2A so as to include the five (5) occupied rental cabins while still containing approximately 10.79-acres, and to adjust the boundary of Parcel 1 to include Parcel 1A and to still contain approximately 40 acres, as shown on Exhibit II. The purpose of the Lot Line Adjustment is to merge Parcel 1A with Parcel 1 into a single legal parcel, and to merge Parcel 2A with Parcel 2 into a single legal parcel. Upon approval of the Lot Line Adjustment by the County, the Seller and District agree to promptly direct the Escrow Holder to cause the documents specified in Section 3.13 above to be recorded. As part of the Lot Line Adjustment approval Page 2 by County of Santa Clara, the parties will use their best efforts to obtain from the County a Certificate of Compliance as evidence that Parcel 2, as adjusted by the Lot Line Adjustment to merge with Parcel 2A, is a legally subdivided parcel. District shall pay all Lot Line Adjustment application fees required by the County of Santa Clara and any additional survey costs required to prepare the Lot Line Adjustment and corresponding Record of Survey. 2. Ratification. The Purchase Agreement and First Amendment to Purchase Agreement, as amended by this Second Amendment to Purchase Agreement, shall continue in full force and effect. IN WITNESS WHEREOF, Seller and District have executed this Amendment as of the day and year first written above. DISTRICT: SELLER: Midpeninsula Regional Open Space District By. L. Craig B ' on_�aeral Manager CarleneLobner, an unmarried woman as her sole and separate property Date: 5-13 —0 Approved as to Form: / By: Susan Schectman, General Counsel Page 3 Exhibit I Existing Configuration - Parcel 1 and Parcel 2 Mon e Bello Op n Space Preser-v / l / /• ``�. East/West Property Parcel •1 -� undary PN 351-13-018 '` = Approxi ate Approxi tely f Vacant Cam ■ 10.79 ac s -. 1 Location , ' P eel 1 351-13-007) Approxima `-� / ■ Location l of Cabins Approximately 40 acres ■ Charcoal Road -~ Upper -tevers Cree . County Park r Saratoga Gap Open Space Preserve /" Feet ® 0 212.5 425 850 1=3 _ --- ------ ------ _ - QJMJECT,S MONTE BE�LO LOBNER/LOBNER EX'.ST ING_CON FIGURAT ION,,VP 4'17104 r Exhibit II Configuration of Parcels After Proposed Lot Line Adjustment 1 ... �... .i ti-7 , r , 1 m i G 1 Monte, Open Space Preserve—,-, L i' s Parcel 1 A / / East/West � / Property 4 { t:m._. r _ undary ` Appro ir�ate .. eme Vacant l.aDi A_pproxily Lot Line Location 10.79 acr s Adjustment Areas- �- t�, - ■ Apprl 1 o�iia�e 6 _ Approxima acres each ■ Location 'r �._ of Cabins f Approximately 't 40 acres Parcel 2A S �..._ Charcoal Road - r eek r r teve s C e -� pp/ ._ County Pal c Saratoga Gap Open Space Preserve e0 230 460 920 j 16s —- -—�- - - GiPROJECTSIMONTE_BELLO/LOBNER/AFTER_LOBNER—LOTLINEADJUSTMENT.MXD 11 VP 4113/o4